The constitution provides for freedom of religion and worship, including the right to choose and change one’s religion.  An unenforced law prescribes a prison term of one year for a blasphemous libel conviction; however, the law exempts religious expression made in “good faith and decent language.”

There is no official system for formal registration of a religious group, but to receive government recognition, all places of worship must register through the deeds registry.  The deeds registry requires an organization to submit a proposed name and address for the place of worship, as well as the names of executive group members or congregation leaders.  Once formally recognized, a place of worship falls under legislation governing nonprofit organizations, allowing the organization to conduct financial operations, buy property, and receive tax benefits in its name.

Foreign religious workers require a visa from the Ministry of Citizenship.  Religious groups seeking to enter an indigenous village for the purpose of proselytizing must apply for and obtain the permission from the village council.  An application to a village council must include the name of the group, the names of its members who will be going to the village, their purpose, and estimated date of arrival.

There are both public and private religiously-affiliated schools.  Private schools are operated entirely by private groups and are not funded by the state.  Students of private schools must pay fees to attend, and the state does not control those fees.  Religious education is compulsory in all private schools with a religious affiliation.  All students attending a private school of religious affiliation must participate in religious education, regardless of a student’s religious beliefs.  There is no religious education in public schools, regardless of whether the school is religiously affiliated.  Most public schools’ religious affiliations are Anglican or Methodist.

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

Government Practices

Representatives of the Rastafarian community continued to state that a law criminalizing the possession of 15 grams or more of marijuana infringed on their religious practices.  The Guyana Rastafari Council continued to petition the government to legalize the use of small amounts of marijuana for religious purposes, but authorities reportedly again did not consider the proposal, stating that reviewing drug legislation remained a low priority for the government.

The government continued to maintain regulations limiting the number of visas for foreign representatives of religious groups based on historical trends, the relative size of the group, and the president’s discretion; however, the government and religious groups with foreign missionaries continued to report that the visa limitation rule was not applied.  Religious groups also reported that the visa quotas the government allotted to them were sufficient and did not adversely affect their activities.

The Guyana Defense Force (GDF) continued to coordinate with civilian religious groups to provide military personnel with access to religious services.  Leaders of the country’s three major religious groups – Christian, Hindu, and Muslim – conducted prayer services and counseling on GDF bases.

The Ministry of Social Cohesion continued to promote interfaith harmony and respect for diversity.  In March the ministry held a “harmony village” in the capital city of Georgetown to promote tolerance of various ethnic and religious identities.  Various stakeholders and religious groups participated.

Government representatives met with leaders of various religious groups to promote social cohesion and discuss tolerance of diversity.  Government officials also participated regularly in the observance of Christian, Hindu, and Muslim religious holidays throughout the year.

In February members of parliament and government ministers participated in an interfaith ceremony whose stated purpose was to celebrate the country’s religious freedom and diversity.  The ceremony included the participation of representatives of Christian, Hindu, Muslim, Faithist, and Baha’i groups, as well as the Arreuya indigenous community.

The government continued to declare some holy days of the country’s three major religious groups as national holidays.

The constitution provides for the free exercise of all religions and establishes laws to regulate the registration and operation of religious groups.  The constitution protects against being compelled to belong to a religious group contrary to one’s beliefs.  The MFA is responsible for monitoring and administering laws relating to religious groups; within the MFA, the Bureau of Worship is responsible for registering churches and other religious buildings, clergy, and missionaries of various religious denominations.  By law, the licensing of pastors, priests, and other religious leaders is a government prerogative.  To obtain a license, the prospective religious leader must submit a dossier of 14 documents to the MFA, including a diploma of theology/religious studies, a certificate of good moral conduct, and a recommendation letter signed by a registered religious institution.  Once the MFA confirms the applicant’s eligibility for a license, the individual must take an oath before an official of the Ministry of Justice.

Although Catholicism has not been the official state religion since the enactment of the 1987 constitution, an 1860 concordat between the Holy See and the state according some preferential treatment to the Catholic Church remains in effect.  The concordat gives the Vatican power to approve and select a specific number of bishops in the country with government consent.  Under the concordat, the government provides a monthly stipend to Catholic priests.  The government does not provide stipends to Episcopalian or other clergy, although both Catholic and Episcopalian bishops have official license plates and carry diplomatic passports.  The government also allows the head of the Protestant Federation to use official license plates and carry a diplomatic passport.

By law, religious institutions must register with the MFA to operate in the country and receive government benefits; however, there is no penalty for operating without registration, and many religious groups continue to do so.  Registration affords religious groups standing in legal disputes, provides tax-exempt status, and extends civil recognition to documents such as marriage certificates and baptismal certificates issued by the group.  The government recognizes these certificates as legal documents only when prepared by government-licensed clergy.  Baptismal certificates are identifying documents with legal authority similar to birth certificates.  The government does not tax registered religious groups, and it exempts their imports from customs duties.  Requirements for registration include information on the qualifications of the group’s leader, a membership directory, and a list of the group’s social projects.  Registered religious groups must submit annual updates of their membership, projects, and leadership to the MFA.  Foreign missionaries must submit registration paperwork to operate privately funded clinics, schools, and orphanages.  Foreign religious groups do not have special visa requirements.

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

Government Practices

The MFA stated the 2003 government directive establishing Vodou as an official religion gives the right to the Vodou community to issue official documents, but the National Confederation of Haitian Vodou (KNVA) had not taken the necessary administrative steps to begin issuing such documents.  The MFA stated it was working with the Vodou community to develop a certification process for houngans (male Vodou leaders) and mambos (female Vodou leaders) in accordance with the Vodou belief system.  Certification permits Vodou leaders to validate marriages, baptisms, and other sacraments performed in accordance with Vodou traditions.  As of September there were 9,317 certified pastors, 718 certified priests, but only two certified houngans/mambos.  The KNVA said the MFA authorized 12 additional Vodou leaders to be officially certified; however, as of December their certification remained pending with the Port au Prince Prosecutor’s Office, which was responsible for swearing in the individuals, the final step for official certification.

The MFA again did not act on a request dating from the 1980s to register Muslims as a religious group.  The MFA stated the government did not recognize Islam as an official religion because Islamic practices such as polygamy, belief in the death penalty, and the practice of adopting Islamic names after conversion were incompatible with the law.  The government issued a specific registration number to the Ahmadiyya Muslim community that did not include the rest of the country’s Muslim population; however, it reiterated the registration number was not equivalent to official recognition.  Muslims said they continued to obtain civil marriage licenses as their only legal option.

The government continued to provide financial support for the maintenance of Catholic churches and some Catholic schools.  The MFA stated it was required to provide such privileges to the Catholic Church in accordance with a concordat signed between the government and the Holy See in 1860 and not due to a government preference for the Catholic Church.  The Protestant Federation said that while it was eligible, in accordance with a 2016 agreement, it did not regularly receive government financial support.  As of September the Protestant Federation said it had not received any government support.  The Protestant Federation said Protestant groups operated approximately 40 percent of the country’s universities and 60 percent of its hospitals.

In August the Office of Civilian Protection (OPC), the country’s human rights ombudsman, wrote to the Senate and Chamber of Deputies education commissions to express disagreement with the State University of Haiti’s practice of holding admissions exams for the 2018-19 academic year on weekends.  The OPC stated that several religious leaders said holding exams on Saturdays and Sundays was an infringement on religious liberty.  The OPC replied the university was a public institution and should adhere to the Monday-to-Friday schedule that all other public institutions maintained.

Officials within the Department of Corrections stated that limited institutional capacity and budgetary limitations continued to restrict their ability to provide meals in compliance with Islamic dietary restrictions.  Prisoners could request to see an imam; however, not all prisons were close enough to an Islamic institution that could provide such services.  Volunteers provided religious services in some prisons.

Although by law the government has exclusive authority to license pastors, the Protestant Federation advocated for shared authority to license pastors, stating it would create a more stringent licensing process and reduce the cases of unlicensed pastors and churches that can spread “dangerous messages” to their congregations.  The Protestant Federation cited the case of Makenson Dorillas, who instructed HIV-positive members of his congregation to consume a homemade remedy made from insects as an example of government laxity in licensing churches and pastors.  The MFA stated in September that Dorillas was not a licensed pastor.

Protestant and Catholic clergy continued to report largely positive working relationships with the government, citing good access to government officials.

The constitution provides for the free exercise of all religions as long as that exercise does not contravene other laws or public order.  An article of the constitution prohibits religious leaders from holding public office or making political statements.  The law distinguishes among legally recognized religious organizations, religious organizations registered as NGOs, and nonregistered religious organizations.  The government does not require religious groups to register.  By law, only the legislature has the authority to confer status as a legally recognized group; only the Roman Catholic Church has received such recognition.  Those recognized by law receive benefits such as tax-exempt status for staff salaries and church materials.

Religious organizations not individually recognized by law may register as NGOs.  The government does not significantly distinguish between religious and nonreligious NGOs.  To register as an NGO, organizations must have a board of directors and juridical personality (standing as a legal entity).  Associations seeking juridical personality must submit an application to the Secretariat of Government, Justice, and Decentralization describing their internal organization, bylaws, and goals.  The Office of the Solicitor General reviews applications for juridical personality and renders a constitutional opinion.  Approved organizations must submit annual financial and activity reports to the government to remain registered.  They may apply to the Ministry of Finance to receive benefits such as tax exemptions and customs duty waivers.  Unregistered religious organizations are unable to obtain tax-exempt status or other benefits.

The constitution states public education is secular and allows for the establishment of private schools, including schools run by religious organizations.  Public schools do not teach religion; however, private schools may include religion as part of the curriculum.  Various religious organizations run schools, including the Roman Catholic Church, Seventh-day Adventist, and evangelical Protestant churches.  Parents have the right to choose the kind of education their children receive, including religious education.  The government dictates a minimum standardized curriculum for all schools.  Some private religiously affiliated schools require participation in religious events to graduate.

The government is a party to the Ibero-American Convention on Young People’s Rights, which recognizes the right to conscientious objection to obligatory military service.

The government requires foreign missionaries to obtain entry and residence permits, and mandates a local institution or individual to sponsor a missionary’s application for residency and submit it to immigration authorities.  The government has agreements with the CEH, the Church of Jesus Christ, and Seventh-day Adventists, among others, to facilitate entry and residence permits for their missionaries.  Groups with which the government does not have written agreements are required to provide proof of employment and income for their missionaries.

Foreign religious workers may request residency for up to five years.  To renew their residence permits, religious workers must submit proof of continued employment with the sponsoring religious group at least 30 days before their residency expires.  The law prohibits the immigration of foreign missionaries who practice religions that use witchcraft or satanic rituals, and it allows the deportation of foreigners who practice witchcraft or “religious fraud.”  According to the immigration law, individuals who “fraudulently exercise their [religious] profession or office, or commit fraud against the health or religious beliefs of citizens of the country, or the national patrimony,” may be fined or face other legal consequences.

The criminal code protects clergy authorized to operate in the country from being required to testify by the court or the Attorney General’s Office about privileged information obtained in confidence during a religious confession.  The law does not require vicars, bishops, and archbishops of the Roman Catholic Church and comparably ranked individuals from other legally recognized religious groups to appear in court if subpoenaed.  They are required, however, to make a statement at a location of their choosing.

The official regulations for the penal system state that penitentiaries guarantee the free exercise of religion without preference for one specific religion, as long as that worship is not against the law or public order.

Religious officials face fines of 50,000-100,000 lempiras ($2,000-$4,000) and legal bans on performing religious duties for four to six years if they perform a marriage without a civil marriage license.

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

Government Practices

On November 21, National Congress President Oliva introduced legislation to amend the article of the constitution that prohibits religious leaders from running for elected office.  Religious groups and politicians stated mixed reactions to the proposed reform; one congressional representative said the country was a secular state and should not commingle religion with politics, while several evangelical Protestant pastors supported the reform.  Discussion of the law continued through the end of the year.

On May 10, National Party Congressman Tomas Zambrano presented a motion before congress to permit the reading of the Bible in primary and secondary schools.  Representatives from several religious groups, including the Inter-Ecclesiastical Forum, Muslim, Church of Jesus Christ, and Seventh-day Adventist communities, expressed concern about the motion, noting the motion would violate constitutional precepts guaranteeing secular education.  Protests outside the congressional building and in schools against the motion occurred in May.  On May 16, the Association of Freedom of Thought filed a constitutional challenge against the motion; however, the court ruled on June 18 it would not admit the challenge because the motion had not advanced through congress by that time.  Congress had not considered the motion as of year’s end.

Some religious organizations, including the Inter-Ecclesiastical Forum, an interfaith NGO representing more than 90 religious and civil society groups, again criticized what they said was government preference for the Catholic Church and for religious groups belonging to the evangelical Protestant umbrella organization CEH.  The forum, which included neither Catholic nor evangelical Protestant churches affiliated with the CEH, criticized the legal recognition of non-Catholic religious groups as NGOs or as unregistered religious organizations – which they said accorded them fewer rights and privileges than to the Catholic Church.  The groups also continued to object to the existing application of one uniform set of registration rules for all nonprofit organizations, including all non-Catholic religious groups.  Non-Catholic groups again said the government should recognize them as religious groups rather than NGOs.  The Inter-Ecclesiastical Forum again stated the government routinely invited Catholic and evangelical Protestant leaders, but not representatives of other religious groups, to lead prayers at government events and to participate in official functions, committees, and other joint government-civil society activities.  Additionally, non-Catholic religious groups continued to criticize the government for not recognizing them as churches and for their inability to receive benefits, including tax exemptions for clergy salaries and imported religious materials.  The Inter-Ecclesiastical Forum said the current legal and policy framework discriminated against all non-Catholic religious groups, and they highlighted that the government provided exclusive benefits to the CEH, including continual tax exemptions and waivers on imports.

The official NGO registry office – the Unit to Register and Monitor Civil Society Organizations (Unidad de Registro y Seguimento de Asociaciones Civiles, or URSAC) – in the Ministry of Governance, Justice, and Decentralization received 186 applications during the year from religious associations (235 in 2017).  During the year, the URSAC registered 133 religious associations in its registration system, while the remaining applications were pending, awaiting additional information.  The URSAC noted that it did not deny any registration requests by religious associations during the year.

Religious leaders continued to report some teachers in public schools pressured students to participate in the religious rituals of the teachers’ faith.  According to the Inter-Ecclesiastical Forum, a teacher and community leader led prayers in a specific way in a public school in Tegucigalpa.  When one student objected, noting he prayed in a different way, the community leader insisted that the student pray in the manner in which the teacher conducted prayers – standing up, instead of kneeling down.

Representatives of the Seventh-day Adventist Church continued to express concerns regarding religious freedom at both private and public schools, from the elementary through the university level.  Seventh-day Adventist representatives said their students faced continued problems obtaining permission to be absent from class or excused from taking exams on Saturdays for religious reasons from the National Autonomous University of Honduras, the National Teachers University.  Religious leaders also cited violations in public schools in the cities of Santa Rita, Yoro Department; San Pedro Sula, Cortes Department; Santa Barbara, Santa Barbara Department; Santa Rosa de Copan, Copan Department; and Lepaera, Lempira Department.  Representatives of the Seventh-day Adventist Church noted the Supreme Court still had not addressed a constitutional challenge that Adventist students filed in 2015 seeking recognition of their right to religious freedom.  Specifically, the students were seeking alternatives to taking classes or exams on Saturdays.

A rule drafted in 2010 requiring Jehovah’s Witnesses to sing the national anthem, salute the national flag, and participate in other patriotic events still remained in the Secretariat of Education’s school guidelines, despite a 2014 ruling by the secretariat’s legal director that the rule was not enforceable.  Representatives of the Jehovah’s Witnesses continued to state their concern about public school officials pressuring Jehovah’s Witnesses to participate in public celebrations and other school events running counter to their beliefs, including singing the national anthem at graduation.

Under the Basic Law, the Hong Kong SAR has autonomy in the management of religious affairs.  The Basic Law calls for ties between the region’s religious groups and their mainland counterparts based on “nonsubordination, noninterference, and mutual respect.”  The Basic Law states residents have freedom of conscience; freedom of religious belief; and freedom to preach, conduct, and participate in religious activities in public.  The Basic Law also states the government may not interfere in the internal affairs of religious organizations or restrict religious activities that do not contravene other laws.

The Bill of Rights Ordinance incorporates the religious freedom protections of the ICCPR, which include the right to manifest religious belief individually or in community with others, in public or private, and through worship, observance, practice, and teaching.  The Bill of Rights Ordinance states persons belonging to ethnic, religious, or linguistic minorities have the right to enjoy their own culture, profess and practice their own religion, and use their own language.  The ordinance also protects the right of parents or legal guardians to “ensure the religious and moral education of their children in conformity with their own convictions.”  These rights may be limited when an emergency is proclaimed and “manifestation” of religious beliefs may be limited by law when necessary to protect public safety, order, health, or morals, or the rights of others.  Such limitations may not discriminate solely on the basis of religion.

Religious groups are not legally required to register with the government; however, they must register to receive government benefits such as tax-exempt status, rent subsidies, government or other professional development training, the use of government facilities, or a grant to provide social services.  To qualify for such benefits, a group must prove to the satisfaction of the government that it is established solely for religious, charitable, social, or recreational reasons.  Registrants must provide the name and purpose of the organization, identify its office holders, and confirm the address of the principal place of business and any other premises owned or occupied by the organization.  If a religious group registers with the government, it enters the registry of all nongovernmental organizations (NGOs), but the government makes no adjudication on the validity of any registered groups.  Religious groups may register as a society and/or tax-exempt organization as long as they have at least three members who hold valid SAR identity documents; the registration process normally takes approximately 12 working days.  is not classified as a religious group under the law, as it is registered as a society, under which its Hong Kong-based branches are able to establish offices, collect dues from members, and have legal status.

The Basic Law allows private schools to provide religious education.  The government offers subsidies to schools built and run by religious groups, should they seek such support.  Government-subsidized schools must adhere to government curriculum standards and may not bar students based on religion, but they may provide nonmandatory religious instruction as part of their curriculum.  Teachers may not discriminate against students because of their religious beliefs.  The public school curriculum mandates coursework on ethics and religious studies, with a focus on religious tolerance; the government curriculum also includes elective modules on different world religions.

Religious groups may apply to the government to lease land at concessional terms through Home Affairs Bureau sponsorship.  Religious groups may apply to develop or use facilities in accordance with local legislation.

The only direct government role in managing religious affairs is the Chinese Temples Committee, led by the secretary for home affairs.  The SAR chief executive appoints its members.  The committee oversees the management and logistical operations of 24 of the region’s 600 temples and provides grants to other charitable organizations.  The committee provides grants to the Home Affairs Bureau for disbursement, in the form of financial assistance to needy ethnic Chinese citizens.  The colonial-era law does not require new temples to register to be eligible for Temples Committee assistance.

An approximately 1,200-member Election Committee elects Hong Kong’s chief executive.  The Basic Law stipulates that the Election Committee’s members shall be “broadly representative.”  Committee members come from four sectors, divided into 38 subsectors, representing various trades, professions, and social services groups.  The religious subsector is comprised of the Catholic Diocese of Hong Kong, the Chinese Muslim Cultural and Fraternal Association, the Hong Kong Christian Council, the Hong Kong Taoist Association, the Confucian Academy, and the Hong Kong Buddhist Association.  These six bodies are each entitled to 10 of the 60 seats for the religious subsector on the Election Committee.  The religious subsector is not required to hold elections under the Chief Executive Election Ordinance.  Instead, each religious organization selects its electors in its own fashion.  Each of the six designated religious groups is also a member of the Hong Kong Colloquium of Religious Leaders.

Government Practices

During the year, Falun Gong practitioners reported generally being able to operate openly and engage in behavior that remained prohibited elsewhere in the People’s Republic of China (PRC), such as distributing literature and conducting public exhibitions.  In August, in an ongoing Falun Gong lawsuit against the Hong Kong government to contest a requirement to obtain government approval for the display of posters, a court overturned government decisions to confiscate Falun Gong banners.  Falun Gong practitioners said they suspected that the CCP funded private groups that harassed them at public events.  Practitioners also reported continuing difficulties renting venues for large meetings and cultural events from both government and private facilities.  According to Falun Gong practitioners, the Hong Kong government, which controls a significant number of large venues in the city, denied Falun Gong members’ applications to rent venues, often telling practitioners that the venues were fully booked.  Private venues also refused to rent space to the Falun Gong, which Falun Gong practitioners attributed to concerns about harassment by anti-Falun Gong groups that they believed were linked to the central government.

Falun Gong practitioners held a rally on October 1 to raise awareness of what they said was 19 years of CCP persecution of the Falun Gong in the Mainland.  The Falun Gong reported that many local political leaders spoke at the rally to support their cause.

The Home Affairs Bureau functioned as a liaison between religious groups and the government.

Senior government leaders often participated in large-scale events held by religious organizations.  The SAR government and Legislative Council representatives participated in Confucian and Buddhist commemorative activities, Taoist festivals, and other religious events throughout the year.

The Fundamental Law, the country’s constitution, provides for freedom of conscience and religion, including freedom to choose or change religion or belief, and freedom – alone or in community with others and in public or in private – to manifest religion or belief through religious acts or ceremonies, or in any other way, in worshipping, practice, and observance.  It prohibits religious discrimination as well as speech “aimed at violating the dignity” of any religious community.

The constitution’s preamble states, “We recognize the role of Christianity” in preserving the nation and “value the various religious traditions” in the country.  The constitution stipulates separation between religious communities and the state, as well as the autonomy of religious groups.  According to the constitution, the state may, at the request of religious communities, cooperate with them on community goals.

In an administrative reorganization following parliamentary elections in April, the government transferred most responsibilities for religious affairs from the MHC to the PMO.

In the system valid through the end of the year, religious organizations could acquire incorporated church status through an application submitted to the office responsible for religious affairs in the PMO and, if found eligible, by a subsequent two-thirds vote of parliament.  The religious group was then by law entered onto a list of incorporated churches.  The PMO ha 60 days following the initial application to assess whether the group fulfills all the administrative criteria, which included a variety of documentation and qualification requirements.  To qualify for incorporated church status, a religious group must have existed as a religious organization in the country for 20 years, in which case it must have had a membership of 0.1 percent of the total population (approximately 10,000 persons) or been registered as a religious organization and have existed for at least 100 years internationally, in which case its foreign affiliation must have been certified by at least two other churches of “similar doctrine” recognized in foreign countries.  Its activities must not have conflicted with the constitution or other laws or violate the rights and freedoms of other communities.  A group must also have proven its primary purpose was to conduct religious activity; have a formal statement of faith and rites, bylaws and internal rules, and elected or appointed administrative and representative bodies; and officially declared its activities were not in violation of the laws or the freedom of others.  The PMO was obligated to consult with a qualified lawyer, historian of religions, scholar of religions, or sociologist with an academic degree prior to issuing its decision.  Applicants could appeal the PMO’s decision to the Budapest Public Administration and Labor Court and, ultimately, to the Curia, the country’s highest judicial authority.

Following a favorable PMO decision on the applicant’s eligibility, the PMO submitted the application to parliament’s Judiciary Committee, which had 60 days to invite the applicant to a public hearing and to submit an assessment to parliament on the group’s compliance with additional criteria.  These criteria included an assessment that the group poses no threat to national security (provided by parliament’s National Security Committee), that it did not violate the right to physical and mental health or the protection of life and human dignity, and that the group was suitable for long-term cooperation with the state in promoting community goals based on its founding documents, number of members, network of institutions providing public services, and access by larger societal groups to such services.

Approval of a request for incorporated church status required a two-thirds majority vote by parliament, to take place within 60 days of a motion by parliament’s Judiciary Committee.  If a religious group received such parliamentary approval, the state was required to grant specific licenses to the group to support its participation in tasks to achieve community goals.  If parliament rejected the application, a detailed explanation was required, and the applicant could challenge parliament’s decision in the Constitutional Court within 15 days.  The law did not prescribe any consequences if parliament did not act within the 60-day period, nor was there opportunity for appealing parliamentary inaction.

A 2011 law on religion automatically deregistered more than 300 religious groups and organizations that had had incorporated church status.  Those organizations must reapply if they wish to regain incorporated church status.  Their applications are also subject to the approval of a two-thirds majority of parliament.

The 2011 law listed 27 incorporated churches, including the Catholic Church, a variety of Protestant denominations, a range of Orthodox Christian groups, other Christian denominations such as The Church of Jesus Christ of Latter-day Saints, Seventh-day Adventists, the Salvation Army, three Jewish groups, and the Hungarian Society for Krishna Consciousness, the sole registered Hindu organization.  The list also includes Buddhist and Muslim umbrella organizations, each encompassing a few individual groups, bringing the total number on the registered list of incorporated churches to 32.

Incorporated churches have certain privileges not available to religious organizations, such as greater access to state funding and exemption from state oversight of their financial operations connected to religious activities.  Incorporated churches and their associated institutions (classified as “internal religious legal entities”) that provide public services, such as healthcare, education, or other social services, are automatically eligible for full state subsidies (a subsidy based on the number of persons receiving services coupled with a supplementary subsidy) for all their public service activities.  Religious organizations may take over or establish public service institutions and receive a per capita state subsidy to cover the wages of the staff employed by these institutions.  They may also apply for additional funding from an additional budgetary allocation.

The law authorized the Budapest Metropolitan Court to register a group as a religious organization if it had at least 10 founding individual members whose primary objective was to conduct religious activities that do not violate the constitution, other laws, or the rights and freedom of other communities.  The organization’s membership could consist only of individuals; no “legal persons” such as corporations or other associations could be members.  The court was required to approve applications meeting all of these criteria.  Applicants had to submit the name and address of the organization, names and addresses of founding members, identifying information on the group’s legal representative and the term of his or her appointment, the founding documents of the group, and a statement that the primary objective of the organization was to conduct religious activities.  If the court rejected an organization’s application, the decision was subject to appeal to the Budapest Metropolitan Court of Appeals.

By law taxpayers may allocate 1 percent of their personal income taxes to an NGO, including one affiliated with a religious organization or incorporated church, and could allocate an additional 1 percent to an incorporated church (but not to any other religious organization or NGO).  The government matched the 1 percent funds that only incorporated churches were eligible to receive.

Both incorporated churches and NGOs affiliated with religious organizations were free to use taxpayer donations as they wished.  Only officials of incorporated churches were exempt from personal income tax under certain conditions.  Both religious organizations and incorporated churches were prohibited from purchasing agricultural land.  Incorporated churches, but not religious organizations, could acquire new agricultural land as a gift or an inheritance.  Agricultural land (as opposed to other land holdings) owned by a religious group deregistered in 2011 could be retained by the religious organization that is the deregistered group’s legal successor.

If incorporated churches or religious organizations cease to exist (e.g., by dissolving themselves) and have no legal successor, their assets become state property that must be used to finance public services.  This may also occur if, upon the initiative of the government, the Constitutional Court issues an opinion that the activity of the incorporated church violates the constitution, and parliament confirms the decision by a two-thirds majority vote.  The Constitutional Court also issues opinions upon the request of the Budapest Metropolitan Court on whether a religious organization is in violation of the constitution.

Every registered (but not unregistered) religious community may use the word “church” in its official name regardless of whether it is officially recognized by parliament as an “incorporated church.”  Officials from both incorporated churches and registered religious organizations not recognized by parliament (but not unregistered religious groups) are not obligated to disclose information shared with them in the course of their faith-related service, such as during rites of confession.  Unregistered religious groups, since they lack legal status, may not purchase property in their name.  The Hungarian Civil Liberties Union (HCLU) reports that unregistered religious organizations enjoy protection for faith-related services.

On December 12, parliament enacted an amendment to the 2011 religion law, scheduled to enter into force on April 15, 2019, that will extend the existing two-tier system of “incorporated churches” and “religious organizations” into a four-tier system of registered religious entities, consisting of “incorporated churches,” “registered churches,” “listed churches,” and “religious associations.”  The categories will be applicable to any religious group, not just Christian organizations.  All four categories under the new law will have “legal personality,” giving them legal rights such as the right to own property.  The amendment will eliminate the restriction that taxpayers may donate 1 percent of their tax liability only to incorporated churches and allows donations to all religious entities with legal personality.  The amendment will also allow the government to negotiate individual agreements with all four categories of religious entities to fund their social service activities.  The duration of these agreements will depend on the type of church status, ranging from a five-year maximum for religious associations to unlimited duration for incorporated churches.  With the exception of religious associations, religious groups falling under one of these categories will be required to publish these agreements and publicly account for social service spending.

Under the new system, all currently incorporated churches will retain their status in the new system, and incorporation of new churches will still require a two-thirds approval by parliament.  The Budapest-Capital Regional Court will rule on registration applications for the other three tiers.  Religious association status will require a church to have at least 10 members.  Listed church status will require that the church receive tax donations from 1,000 individuals on average over three years and have operated as a religious association for at least five years in the country or for at least 100 years internationally.  Registered church status will require that the church receive tax donations from 4,000 individuals on average over five years and have operated as a religious association for at least 20 years in the country or at least 100 years internationally.  Churches that agree they will not seek government or EU funding for their religious activities will be able to qualify as listed or registered churches without receiving individual donations.  A religious entity will not be allowed to apply for any of the three categories if it is a criminal defendant, has been convicted of a crime during the previous five years, is under sanction for “repeated violation of accounting and management rules,” or is considered a national security threat.

Religious entities that do not register will still be able to function and conduct worship, and the amendment specifies constitutional protections for freedom of religion apply to them as well as to those with legal personality.

By law, no state office may determine or supervise a registered religious community’s faith-based activities.  Their doctrines, internal regulations, and statutes are not subject to state review, modification, or enforcement.  Their names, symbols, and rites are protected by copyright law, while buildings and cemeteries are protected by criminal law.  Unregistered groups, according to HCLU, enjoy copyright and at least some other protections, but the law is unclear about the extent of those other protections.

The constitution establishes a unified system for the Office of the Commissioner for Fundamental Rights (ombudsman).  The ombudsman investigates cases related to violations of fundamental rights – including religious freedom – and initiates general or specific measures for their remedy.  These measures do not have the force of law.

Treaties with the Holy See regulate relations between the state and the Catholic Church, including financing of public services and religious activities and settling claims for property seized by the state during the Communist era.  These treaties serve as a model for regulating state relations with other religious groups, although there are some differences in the rights and privileges the state accords to each of the religious groups with which it has agreements.  The state has also concluded formal agreements with the Hungarian Reformed Church, Hungarian Lutheran Church, Federation of Jewish Communities in Hungary (Mazsihisz), and four Orthodox churches.

Military and law enforcement personnel may freely practice their religion in private and also at their workplaces if their religious practice does not violate their mandatory service duties.  The Catholic Church, Reformed Church, Lutheran Church, and Jewish congregations receive automatic authorization to provide chaplain services to the military.  Other incorporated churches and religious organizations must seek permission.

Penitentiaries generally allow inmates free practice of religion and provide them with special diets, such as kosher, vegetarian, and pork-free meals.  All incorporated churches and religious organizations must seek permission to offer pastoral services in prisons.  Rejection of access requests may be appealed to the National Prison Service, the prosecutor’s office, or the ombudsman.  Detainees have the right to participate in communal religious services three times a week and to contact without supervision representatives of incorporated churches or religious organizations having permission to access the facility.  Detainees in special security regimes may only receive individual spiritual care and are excluded from community spiritual programs.  In the case of pretrial detainees, during the course of the criminal investigation, a public prosecutor or judge may restrict personal interaction with a religious representative but not participation in communal religious services.

Incorporated churches receive automatic authorization to provide pastoral services in hospitals, while religious organizations must seek permission.

One-hour-per-week faith-and-ethics or ethics-only education is mandatory through the first eight grades of public school.  Students and their parents choose between the faith-and-ethics class provided by an incorporated church of their choice or a generic ethics course taught by public school teachers.  Religious groups are entitled to provide their own teachers, prepare their own textbooks, and determine curricula for their faith-and-ethics classes.  Private schools are not required to introduce faith-and-ethics or ethics classes.  Unincorporated religious organizations are not entitled to provide religious education as part of the mandatory curricula in public schools, but they may offer extracurricular, optional religious education in public schools if requested by students or parents.

Incorporated churches and religious organizations have the right to open their own schools.  For incorporated churches and religious organizations operating their own schools, the state provides a subsidy, based on the number of students enrolled, for employee wages, but only incorporated churches automatically receive a supplementary subsidy for the schools’ operating expenses.  According to the law, religious organizations may apply to the MHC for a supplementary operational subsidy covering approximately 30 percent of their total costs for schools, and the MHC decides on a case-by-case basis whether to grant it.

The law also affords incorporated churches and religious organizations the right to assume operation of public schools through a formal agreement with the PMO.  In these cases, the government continues to fund the schools.  Religious communities, school teachers, the affected parents, or the operator of the school may initiate such transfers, but only if the designated religious community is able to collect the signatures of more than 50 percent of the parents and adult students enrolled at the school.  Whether newly established or converted from public status, religious schools are free to conduct their own religious teaching without government input and to make faith education mandatory and not substitutable with an ethics class.  The government inspects both religious and public schools every two years to ensure they conform to government standards.

The constitution prohibits speech that violates the dignity of any religious community.  The law includes a prohibition of “calling for violence” – in addition to inciting hatred – against a religious community or its members, punishable by up to three years’ imprisonment.  The law provides a maximum punishment of three years in prison for impeding someone else through violence or threats from freely exercising his or her religion.  Abusing an individual because of his or her religious affiliation is punishable by up to three years in prison.

Physical assault motivated by the victim’s actual or suspected religious affiliation is a felony punishable by one to five years in prison.  Violence against a member of the clergy is classified as violence against an “individual providing public service” and is similarly punished with a prison sentence of one to five years.  Any person who engages in preparation for the use of force against any member of a religious community is guilty of a misdemeanor punishable by imprisonment not exceeding two years.

The law prohibits public denial, expression of doubt, or minimization of the Holocaust, genocide, and other crimes against humanity committed by the National Socialist or Communist regimes, punishing such offenses with a maximum sentence of three years in prison.  The criminal code makes wearing, exhibiting, or promoting in public the swastika, the logo of the Nazi SS, or the arrow cross in a way that harms the human dignity or the memory of victims a misdemeanor, punishable by detention for a period ranging from five to 90 days.

The law provides for the lifting of official immunity of a member of parliament (MP) who incites hatred against religious communities or publicly denies crimes of the Communist or National Socialist regimes.  No MP has been the subject of such a proceeding.

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

Government Practices

As in previous years, parliament failed to vote on any of the 14 applications by religious groups which the MHC had previously found eligible for incorporated church status, despite the 60-day legal deadline for action after a ministerial referral and a December 2017 Constitutional Court ruling that parliament’s failure to act within the 60-day legal deadline for action violated the constitution.  The explanatory notes to the December 12 amendment to the religion law, which the government is expected to use as a guide in implementing the amendment, state that those religious groups will be given preferential consideration for (the lesser) listed or registered church status.

In a case involving the MET’s home for the elderly, the Constitutional Court ruled October 5 that parliament had violated the constitution by failing to act on MET’s 2014 pending application for incorporated church status.  The Constitutional Court ruled parliament should fulfill its legislative duty and vote on the application by the end of the year; parliament did not comply, although the new amendment provided a procedure for the MET and other churches to regain a lesser status.  MET representatives said its shelters for homeless, elderly, and refugees, hospital, schools, and other social services should be eligible for the same support the state gave to similar activities conducted by incorporated churches.  The government rejected this argument.  The Constitutional Court did not rule on the issue of funding of MET’s home or other social services, but only that parliament should vote on the group’s application for incorporated status.  The Constitutional Court issued a similar ruling on December 20, 2017, ordering parliament to vote on MET’s application, but parliament failed to act by that ruling’s March 31 deadline.

In May the Supreme Court overturned the February decision of the Buda Central District Court of Budapest that the National Bureau of Investigation’s (NBI) 2017 raid of the COS headquarters and seizure of its materials was unlawful.  The Supreme Court ruled the seizure did not violate the principle of proportionality and did not obstruct the free practice of religion.  The NBI raid followed the initiation of an investigation of the COS by the government’s Data Protection Authority (DPA) and a DPA complaint against the COS alleging criminal abuse of personal data.  The government recognized the COS as a religious organization.  The government’s investigation of the COS was continuing at year’s end, but the government did not provide any information on the status of the case.

The COS’s appeal of the denial of a certificate of occupancy for its headquarters and eviction order issued by Budapest’s 13th District remained pending at year’s end.  According to the COS, courts blocked the eviction order until the Supreme Court could decide the appeal.

The government continued its public campaign of billboards and posters against a Jewish, Hungarian-born, U.S. citizen businessman.  Some of the placards stated the businessman wanted to settle migrants from the Middle East and Africa in the country.  In May PM Orban demanded “respect” from Jewish leaders and blamed the same businessman and his NGO for growing European anti-Semitism.

In April online news service Index.hu and daily newspaper Nepszava reported that in the previous eight years the government had transferred 34 buildings to churches in a nontransparent manner.  The report stated the buildings were not properties seized under the Communist regime and had not previously belonged to the religious groups to which they were given.

Prominent national and international Jewish groups expressed concern about the September 7 announcement that in 2019 the government would open the House of Fates, a Holocaust museum and education center in Budapest focusing on the efforts of non-Jewish Hungarians to rescue Jews during the Holocaust.  The government had put the museum on hold in 2014 due to intense opposition from national and international groups.  These organizations criticized the project as an attempt to obscure the involvement of the country and WWII Regent Miklos Horthy in the Holocaust.  According to a September 21 statement by Israeli Holocaust Museum Yad Vashem, the House of Fates museum’s plans ignored the country’s anti-Jewish laws during that era and gave the false impression that, “except for a tiny, criminal and fanatic minority, the citizens of Hungary were essentially blameless.”  On September 27, World Jewish Congress President Ronald S. Lauder expressed disappointment that the House of Fates museum concept “ignored the role played by Hungarian society and its authorities in the annihilation of Hungarian Jewry.”

There were reports of anti-Muslim and anti-Semitic rhetoric by government officials and politicians, including at the highest levels.  For example, a January interview in the German newspaper Bild quoted PM Orban as saying most migrants should not be considered refugees but “Muslim invaders.”  In a March 15 speech, PM Orban said, “We must fight against an opponent which is different…they are not honorable, but unprincipled; they are not national, but international; they do not believe in work, but speculate with money; they have no homeland, but feel that the whole world is theirs.”  Media outlets such as the Jewish Telegraphic Agency, The Times of Israel, and The Guardian reported these comments as referring to Jews.

In November private television broadcaster Hir TV made public a recording it said it had obtained of opposition Jobbik party MP Istvan Szavay talking to a fellow party member at Jobbik’s electoral congress about “knocking out” a woman he presumed to be Jewish at a downtown club in August.  Szavay said the woman recognized him and said, “I feel Nazi stench here.”  Szavay said he called her a “filthy Jew,” punched her in the face  , and “slightly twisted her schnozzle.”  On December 3, Szavay announced he would give up his parliamentary seat.

Jewish groups expressed concerns about praise by government officials, including PM Orban, for the country’s WWII-era anti-Semites and Hitler allies as well as about public messaging they said could incite anti-Semitism.  On September 2, the Fidesz (governing party)-administered village of Kenderes held a Horthy Memorial Day.  Fidesz MP Sandor Kovacs stated at the event it was thanks to Regent Horthy and others that the country managed to survive after World War I.  The Director of the government-funded Veritas Research Institute, Sandor Szakaly, said anti-Jewish laws signed by Horthy did not deprive Jews of their rights but only limited them, and that, despite these limitations, the lives of Jews in the country were safe until the Nazi occupation in 1944.  He added that Horthy did not need rehabilitation because he was never convicted of any crime.

On July 16, state television broadcaster MTVA appointed Beatrix Siklosi to run its cultural channel M5.  When Siklosi previously was nominated as chief editor of religious programming for national public television in 2014, media reported she had made racist and anti-Semitic comments on social media.  The Catholic, Reformed, Lutheran, and Jewish communities published a letter stating Siklosi was unacceptable to them.  Siklosi resigned from the religious programming position due to the protests but remained in charge of nationalities programming.  TEV sent a letter asking the MTVA leadership and Media Council to reconsider her appointment.

In March Fidesz Party members of the local municipality and progovernment media criticized the opening of a Hungarian Islamic Community (HIC) cultural center and prayer house in 2017.  In addition, media reported that, prior to the April parliamentary elections, Fidesz Party call centers told voters opposition Jobbik Party leader Gabor Vona “prays to Allah,” referring to an undated video where he spoke to Turkish students and referred to God as “Allah.”

The Organization of Muslims in Hungary (OMH) cited the government’s anti-migration and anti-Muslim rhetoric as the biggest challenges Muslims had to face in the country.  It also said Muslims faced indirect administrative barriers when trying to obtain building permits for mosques, open or expand Muslim cemeteries, or buy or rent land or homes.  HIC and OMH leaders said lack of sufficient cemetery space for Muslims was one of the most pressing problems for the Muslim community.

On July 19, PM Orban visited Israel and met with Israeli PM Benjamin Netanyahu.  After their meeting, Orban stated Jews could feel safe in Hungary and that his government had zero tolerance for anti-Semitic statements.

According to a major survey of Jews in the country, issued in December by the EU’s Agency for Fundamental Rights (FRA), 74 percent of Jews found anti-Semitism to be a problem in political life.  Eighty-three percent said the government was ineffective in combating anti-Semitism, and 55 percent assessed the government’s efforts to respond to the security needs of Jewish communities were inadequate.

The government provided 118.1 billion forints ($421.53 million) to incorporated churches during the year, of which 96.7 percent went to what the government and media called the country’s four “historical” religious groups:  the Catholic Church, which received 94.2 billion forints ($336.22 million);  Hungarian Reformed Church, 13.7 billion forints ($48.9 million); Lutheran Church, 3 billion forints ($10.71 million); and the Jewish community, consisting of Mazsihisz, 2.6 billion forints ($9.28 million), the Unified Hungarian Jewish Congregation, 304.4 million forints ($1.09 million), and the Autonomous Orthodox Jewish Community, 227 million forints ($810,000 million).  According to the government, more than 94 percent of citizens who reported a religious affiliation were affiliated with the four historical religious groups.

These four religious groups and the other incorporated churches that received the balance of the government’s contribution used the funds for a range of activities, including maintenance of buildings, support for religious instruction and culture, support for community programs and investments, and employee wages.  Government support for incorporated churches also included funding to a dozen churches for renovating their buildings.  The government allocated additional funding from other budget accounts for churches providing public educational and social services and for registered religious organizations, but data on the extent of this support were unavailable.

According to press reports, on October 3, the government distributed 2.76 billion forints ($9.85 million) from the annual budget for religious community programs.  On December 23, the government awarded an additional 21 billion forints ($74.95 million) to some incorporated churches and religious organizations.

Some incorporated churches continued to express concern that, if they spoke out on issues of public importance, the government would withdraw some of its financial support, which in many cases constituted two-thirds or more of the churches’ total funding.

According to tax authorities tracking the 1 percent tax allocations designated to incorporated churches, 988,000 citizens donated their 1 percent personal income tax to one of the incorporated churches during the year.  Similarly to previous years, the church bodies receiving the most donations were the Catholic, with 526,339 persons contributing 2.5 billion forints ($8.92 million); Reformed, 209,109 persons contributing 996.8 million forints ($3.56 million); and Lutheran, 60,036 persons contributing 308 million forints ($1.1 million).  The Hungarian Society for Krishna Consciousness ranked fourth, with 46,198 persons contributing 250 million forints ($892,000).  Effective January 1, tax declarations did not have to be submitted by individuals on a yearly basis but remained valid until the taxpayer changed them.

According to the PMO, of elementary and secondary schools, 15 percent were operated by incorporated churches (compared with 14.3 percent in 2016-17) and 0.1 percent by religious organizations in the 2017-18 school year.  Of preschools (ages 3-7), 7.5 percent were operated by incorporated churches (7.2 percent in the previous year) and 0.1 percent by religious organizations.  There were 214,243 students studying at preschools and elementary and secondary schools operated by registered religious communities (incorporated churches and religious organizations), compared with 207,600 in the previous school year.  Approximately half of these students were in schools operated by the Catholic Church.

According to the PMO, religious entities provided government-funded social services to 116,440 persons and child protection services to 10,506 persons during the year (27.2 percent by the Catholic, 24.2 percent by the Reformed, and 21.3 percent by the Hungarian Pentecostal Church).

The government made statements in defense of a Christian Europe and operated a dedicated state secretariat within the PMO to assist persecuted Christian communities throughout the world, including with financial assistance.  In his annual state of the nation speech in February, PM Orban stated the West “opened the way for the decline of Christian culture and…Islamic expansion,” while his government “prevented the Islamic world from flooding us from the South.”  On November 13, Deputy PM Zsolt Semjen said it was striking that Europe’s Christian civilization was in danger again, not from the Ottoman Empire, but from the threat of Islamization.

Turkish President Recep Tayyip Erdogan visited Budapest on October 8-9 and, with PM Orban, attended the opening ceremony of the renovated tomb of Gul Baba.  Baba was a Muslim dervish and member of the Bektashi order, who died in Budapest in 1541 and whose burial place became a pilgrimage site for Muslims.  The government cofinanced the renovation with the government of Turkey.

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

The constitution establishes the ELC as the national church and stipulates the government shall support and protect it.  The constitution states all individuals have the right to form religious associations and practice religion in accordance with their personal beliefs, as long as nothing is “preached or practiced which is prejudicial to good morals or public order.”  It stipulates everyone has the right to remain outside religious associations and no one shall be required to pay personal dues to any religious association of which he or she is not a member.  The constitution also specifies individuals may not lose their civil or national rights and may not refuse to perform civic duties on religious grounds.  The constitution bans only religious teachings or practices harmful to good morals or the public order.  The law further specifies the right of individuals to choose or change their religion.

The law grants the ELC official legal status, and the government directly funds it from the state budget.  The state treats the ELC bishop, vice bishop, and 135 other ELC ministers as civil servants under the MOJ and pays their salaries and retirement benefits as well as the operating costs of the bishop’s office.  The ELC also receives indirect funding from church taxes, as do other registered religious and life-stance groups.

The penal code establishes fines of no specified amount and up to two years’ imprisonment for hate speech, including mocking, defaming, denigrating, or threatening an individual or group by comments, pictures, or symbols based on religion.

Religious groups, other than the ELC, and life-stance organizations may apply for recognition and registration to a district commissioner’s office (at present, designated as the district commissioner of Northeast Iceland), who forwards the application to a four-member panel that the minister of justice appoints by law to review applications.  The University of Iceland faculty of law nominates the chairman of the panel, and the university’s Departments of Social and Human Sciences, Theology and Religious Studies, and History and Philosophy, respectively, nominate the other three members.  The district commissioner then approves or rejects the application in accordance with the panel’s decision.  Applicants may appeal rejections to the MOJ, resubmitting their application to the district commissioner with additional information.  The same four-member panel reviews appeals.

To register, a religious group must “practice a creed or religion” and a life-stance organization must operate in accordance with certain ethical values, and “deal with ethics or epistemology in a prescribed manner.”  The law does not define “certain ethical values” or the prescribed manner in which groups must deal with ethics or epistemology.  Religious groups and life-stance organizations must also “be well established,” “be active and stable,” “not have a purpose that violates the law or is prejudicial to good morals or public order,” and have “a core group of members who participate in its operations, support the values of the organization in compliance with the teachings it was founded on, and pay church taxes in accordance with the law on church taxes.”  The law does not define “well established” or “active and stable.”

According to the district commissioner’s office of Northeast Iceland, any unregistered religious group or organization may work in the same way as any company or association, provided it has, as these other organizations do, a social security number.  Unregistered religious groups may, for example, open bank accounts and own real estate.  They are free to worship and practice their beliefs without restriction, as long as their activities do not cause a public disturbance, incite discrimination, or otherwise conflict with the law.  Unregistered groups may also apply to join the Interfaith Forum (although none has done so), an interfaith group of religious and life-stance groups that meets bimonthly to discuss religious matters affecting the Icelandic community, but registered groups are automatically eligible to join.  Religious ceremonies carried out by religious groups, such as marriages, are not legally recognized unless the group is registered.  Unregistered groups are not eligible to receive state funds.

The law specifies the leader of a registered religious group or a life-stance organization must be at least 25 years of age and fulfill the general requirements for holding a public position.  These include being physically and mentally healthy and financially independent, not having been sentenced for a criminal offense as a civil servant, and possessing the general and specialized education legally required for the position.  Unlike the requirements for most public positions, the religious or life-stance group leader need not be a citizen, but he or she must have legal domicile in the country.  All registered religious groups and life-stance organizations must submit an annual report to a district commissioner’s office (currently the district commissioner’s office of Northeast Iceland) describing the group’s operations during the previous year.  Registered religious groups and life-stance organizations are required to perform state-sanctioned functions such as marriages and the official naming of children and preside over other ceremonies such as funerals.

The law provides state subsidies to registered religious groups and life-stance organizations.  For each individual 16 years of age or older who belongs to any of the officially registered and recognized religious groups or life-stance organizations, the government allocates an annual payment of 11,040 kronur ($95) out of income taxes, called the “church tax,” to the individual’s respective, registered organization.  The government allocates the payment regardless of whether the individual pays any income tax.

Persons who are not members of registered organizations are still required to pay the church tax, but the government retains their contributions rather than allocating them to religious or life-stance organizations.

By law, a child’s affiliation or nonaffiliation with a registered religious or life-stance group is as follows:  (1) if the parents are married or in registered cohabitation and both belong to either the same registered organization or no organization, then the child’s affiliation shall be the same as its parents; (2) if the parents are married or in registered cohabitation, but have different affiliations or if one parent is nonaffiliated, then the parents shall make a joint decision on what organization, if any, the child should be affiliated with, and until the parents make this decision, the child shall remain nonaffiliated; (3) if the parents are not married or in registered cohabitation when the child is born, the child shall be affiliated with the same registered organization, if any, as the parent who has custody over the child.  Change in affiliation of children younger than age 16 requires the consent of both parents if both have custody; if only one parent has custody, the consent of the noncustodial parent is not required.  The law requires parents to consult their children about any changes in the child’s affiliation between ages 12 and 16.  After turning 16, children may choose affiliation on their own.

By law, schools must operate in such a manner as to prevent discrimination on the basis of religion.  Grades one through 10 (ages six to 15) in public and private schools must provide instruction, by regular teaching staff, in social studies, which includes Christianity, ethics, and theology.  The law specifies the curriculum for these classes must adopt a multicultural approach to religious education, encompassing a variety of beliefs.  Christian theology is included, as well as some content on other world religions.  The law also mandates that “the Christian heritage of Icelandic culture, equality, responsibility, concern, tolerance, and respect for human value” shape general teaching practices.

Parents wishing to exempt pupils from compulsory instruction in Christianity, ethics, and theology must submit a written application to the school principal.  The principal may request additional information, if necessary.  The principal then registers the application as a “special case” and writes an official response to the parents, accepting or denying the request.  School authorities are not required to offer other religious or secular instruction in place of these classes.

Of the 12 largest municipalities in the country, eight have adopted guidelines or rules governing the interaction between public schools and religious/life-stance groups.  The Reykjavik City Council prohibits religious and life-stance groups from conducting any activities, including the distribution of proselytizing material, in municipal preschools and compulsory schools (grades one through 10) during school hours or during afterschool programs.  Reykjavik school administrators, however, may invite the representatives of religious and life-stance groups to visit the compulsory classes on Christianity, ethics, and theology, and on life skills.  These visits must be under the guidance of a teacher and in accordance with the curriculum.  Any student visits to the gathering places of religious and life-stance groups during school hours must be under the guidance of a teacher as part of a class on religion and life-stance views.  During such classes or visits, students may only observe rituals, not participate in them.  The municipality of Hafnarfjordur has similar rules governing the interaction between schools and religious/life-stance organizations.  The other six municipalities have either adopted or adapted guidelines on these interactions that the Ministry of Education, Science, and Culture has set.  The ministry’s guidelines are broadly similar to those of Reykjavik and Hafnarfjordur.

Private schools must follow the same curriculum as public schools, including the Christianity, ethics, and theology taught in social studies classes.  Private schools are free, however, to offer additional classes not in the public school curriculum, including classes in specific religious faiths.

In April parliament enacted legislation including protections against discrimination in the workplace for religious and other beliefs.  In June parliament approved legislation prohibiting all forms of discrimination, including that based on religion, in all fields of society, excluding the labor market, which the previous legislation covers.  The prohibitions against religious discrimination in both laws came into effect on July 1.  The Center for Gender Equality monitors implementation.  Complaints are submitted to the Gender Equality Complaints Committee, and violations may be punishable by fines unless heavier penalties are prescribed in other statutes.

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

Government Practices

In February members of parties from both the ruling coalition as well as the opposition cosponsored a bill in parliament to ban male circumcision on the basis of a child’s right to choose.  Local and international Muslim, Jewish, Christian, and religious freedom groups called for parliament to reject or revise the bill in order to take religious freedom considerations into account, for example, by adding exceptions for religious practice under medical supervision.  Parliament did not vote on the bill before the end of its parliamentary session in June, effectively dropping it from the parliamentary agenda.  Bill proponents did not reintroduce the bill after parliament reconvened in September.

According to the MOJ, in 2017, the latest year for which data were available, the government provided the ELC with approximately 6.2 billion kronur ($53.4 million), consisting of direct subsidies from the state budget as well as indirect funding from church taxes.  The church tax also provided a total of 435 million kronur ($3.75 million) to the other 47 recognized religious and life-stance groups.

The ELC continued to operate all cemeteries, and all religious and life-stance groups had equal access to them.  At least one cemetery had a special area designated for burials of Muslims and persons of other faiths.

The ELC and the Department of Theology and Religious Studies at the public University of Iceland continued to train theology students for positions within the ELC.

State radio continued to broadcast Lutheran worship services every Sunday morning as well as a Lutheran daily morning devotion.

The government continued to require individuals applying for a passport to present proof of religion from a religious organization if they wished to receive a religious exemption allowing them to wear a head covering for their passport photographs.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The government requires foreign missionaries to obtain a missionary visa.

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

Government Practices

On June 22, the government charged two police officers with culpable homicide after a Muslim cattle trader, Mohammad Salim Qureshi, died of injuries sustained while being questioned by police in Bareilly, Uttar Pradesh.  The accused officers were suspended following a police inquiry.

On May 11, a Muslim youth died in a police shooting and a Hindu shopkeeper died in his burning shop following communal clashes in Maharashtra’s Aurangabad city.  These events followed allegations that authorities were conducting a civic crackdown on illegal water connections in a discriminatory manner, possibly triggered by the removal of water connection of four Muslim residents.  In the immediate aftermath of the violence, in which seven officers were injured, Aurangabad police arrested 14 persons.  With families of both victims alleging partisan policing and video footage of the clashes receiving wide coverage on social media, police ordered an investigation.

A court in Jharkhand sentenced 11 individuals, including a local BJP official, to life in prison for beating to death Alimuddin Ansari, a Muslim, in June 2017.  Ansari’s killers said they believed he was trading in beef.

On August 13, the Supreme Court ordered Uttar Pradesh authorities to reinvestigate and submit a report on the June 18 killing of Qasim Qureshi, a Muslim cattle trader attacked by a mob while transporting cows through Harpur.  The order came after multiple online videos surfaced casting doubt on the initial police report, which described the assault as an incident of “road rage.”  In one video, a bloodied Qureshi is seen refuting claims that he was transporting the cows for slaughter.  Police arrested and filed murder charges against nine individuals in connection with the attack.

On April 20, the Gujarat High Court acquitted former Gujarat Minister of State for Women and Child Development Maya Kodnani and upheld the conviction of former Bajrang Dal leader Babu Bajrangi related to the 2002 Naroda Patiya communal riots in Gujarat.  Kodnani had been charged with provoking a Hindu mob.  Bajrangi was accused and convicted of criminal conspiracy, collecting weapons, and leading a violent mob.  In March the Supreme Court stated it would not give the Gujarat government further extensions to meet its request for a status report on disciplinary action taken against police officers convicted in the gang rape of a pregnant 19-year-old woman, Bilkis Bano, during the 2002 riots.  On June 25, the Gujarat High Court sentenced P. Rajput, Rajkumar Chaumal, and Umesh Bharwad to 10 years of imprisonment for their involvement in a mob that killed 96 Muslims during the 2002 riots, reversing the judgment of a lower court.  The court upheld the acquittals of 29 others in the case.

On April 1, Hyderabad police arrested four Christians for “hurting religious sentiments” for handing out Christian tracts during an Easter procession.  Christian news website World Watch Monitor said the charges against Rayapuri Jyothi, Meena Kumari, Mahima Kumari, and Bagadam Sudhakar were spurious, and came following a complaint from activists of the Hindu nationalist organization Hindu Jana Shakti.  Authorities released the individuals on bail on April 3.  According to other news reports, however, the police also filed charges against four activists of the Hindu Jana Shakti in the same case, charging them with “outraging the modesty” of the Christian women and forcing them to wear the traditional Hindu vermilion mark on their foreheads.

The NGO Alliance Defending Freedom India (ADFI) stated authorities pursued charges against members of the minority Christian community in several states under religious conversion laws.

On September 12, police in Uttar Pradesh’s Jaunpur District charged 271 Christians with “spreading lies about Hinduism” and allegedly drugging people to try to convert them to Christianity.  The police action came after a local Hindu group filed a complaint with the court alleging the Christians refused to stop conducting Sunday prayer services and spread misinformation about Hinduism.  Deputy Police Superintendent Anil Kumar Pandey said the individuals were “accused of various criminal offenses like fraud, defiling places of worship, and prejudice against national integration.”

On January 10, Jammu and Kashmir police arrested eight Hindu men, including four police personnel and a retired government official, in connection with the kidnapping, gang rape, and killing of 8-year-old Asifa Bano.  The victim belonged to a Muslim tribal community in Kathua District and was kidnapped while grazing her horse in a meadow.  The men allegedly took Bano to a nearby Hindu temple where they drugged and raped her over the course of several days.  According to media reports, the men raped and murdered Bano to drive her nomadic Muslim community out of the area.  The Jammu High Court Bar Association joined several Hindu groups and two BJP state government ministers in a protest to demand the release of the accused, saying it was an anti-Hindu move by police and prosecutors in the Muslim-majority state.  On May 7, the Supreme Court ordered the transfer of the trial to Punjab’s Pathankot District.  The two state BJP ministers who attended the rally supporting the suspects resigned their positions.

In September Uttar Pradesh authorities suspended three police officers after video surfaced of one of the officers slapping a Hindu woman for reportedly consorting with a Muslim man while two other officers taunted her.  Media reported police were dispatched to rescue the interfaith couple, both medical college students, whom members of a Hindu nationalist organization had attacked in protest of so-called “love jihad,” a term used to accuse Muslim men of converting Hindu women by seducing them.

On December 9, police in Bakhitayrpur village, Patna District, Bihar State, arrested and detained a local Christian pastor for attempted forced conversions after he showed a film about Jesus.  Local residents reportedly tried to stop the pastor from showing the film and said they wanted him removed from the village.  According to media reports, the police detained the pastor but did not arrest him, and told him to return to his home village and not return to Bakhitayrpur.

In May the Global Council of Indian Christians (GCIC) reported police in Uttar Pradesh arrested Rev. Gyan Singh and another Pentecostal Christian in the village of Bugauliya Block, Basti District for forced conversions.  Police told GCIC that they would release the two without charges.  In June authorities arrested an Uttar Pradesh pastor, Dependra Prakash Maleywar, after he was accused of the forced conversion of 16 persons.  Police originally arrested Maleywar after a local Hindu activist accused him of an assault against some activists of the Bajrang Dal Hindu group.  A judge ordered Maleywar to 14 days of judicial custody pending investigation; after a week, authorities released him on bail.  Police in Jharkhand arrested Dalu Soren, a Christian veterinarian, on October 16, after a 13-year-old girl’s father filed a complaint charging forced conversion.

According to the website AsiaNews and Catholic media outlet Crux, four men attacked a Catholic priest, Vineet Vincent Pereira, who was conducting a prayer service in Ghohana, Uttar Pradesh on November 14.  The four attackers were allegedly members of a Hindu group trying to “reconvert” Hindus who had earlier changed their religious beliefs.  After the attack, police took Pereira into protective custody, but charged him the next day with rioting and unlawful assembly.  The attackers were not charged.

In October Hyderabad police arrested well-known Muslim preacher Brother Imran after he allegedly made derogatory remarks against the Shia community and another Islamic group.  According to the complainants, Imran tried to create “communal animosity” and outraged the feelings of the Shia community, resulting in tension in the area.  He was released on bail and the court had not taken up his case by year’s end.

On August 27, a special court in Ahmedabad, Gujarat sentenced Farooq Bhana and Imran Sheru to life imprisonment and acquitted three others accused of setting fire to the Sabarmati Express train on February 28, 2002, that killed 59 Hindu pilgrims and led to large-scale intercommunal riots in the state of Gujarat in 2002.  By year’s end, courts convicted 33 suspects in the case and eight remained at large.

In its World Report covering 2018, Human Rights Watch (HRW) said the government failed to “prevent or credibly investigate” mob attacks on religious minorities, marginalized communities, and critics of the government.  At the same time, according to HRW, some BJP officials publicly supported perpetrators of such crimes and made inflammatory speeches against minority communities, which encouraged further violence.  According to HRW, mob violence against minority communities amid rumors that they traded or killed cows for beef, especially Muslims, by extremist Hindu groups continued throughout the year.  As of November, there had been 18 such attacks, and eight people killed during the year.

On December 15, police in Assam arrested two men who vandalized a Catholic church and a grotto in the village of Chapatoli.  Police stated they believed the two to be responsible for the desecration of the church’s crucifix and for toppling a statue.

In June media reported Arunachal Pradesh’s BJP Chief Minister Pema Khandu announced that his government would repeal the state’s 40-year-old anti-conversion law.

On September 18, media reported a village council in Haryana passed a decree urging Muslim residents to adopt Hindu names, refrain from such actions as growing beards or wearing traditional skullcaps, and avoid praying in public.  The announcement reportedly came a month after police arrested Yamin Khokkar, a Muslim villager, whom local authorities accused of illegally slaughtering a calf.  Subsequent media reports stated the village council denied it passed the decree.

According to NGO sources, authorities reportedly denied three U.S. citizens entry under non-missionary visas due to concerns they intended to engage in missionary activity, although the U.S. citizens denied that this was their intention.

On April 21, Bharat Singh, a BJP Member of Parliament from Uttar Pradesh, said, “Christian missionaries are a threat to the unity and integrity” of the country and the opposition Congress Party is “controlled by them [Christian missionaries].”  The president of the GCIC, citing a survey by news channel NDTV, stated that hate speech by BJP representatives had increased by 490 percent since 2014.

In August Catholic bishops in Jharkhand sent a memorandum to the state governor in response to perceived harassment and intense scrutiny of Christian organizations by government agencies after allegations emerged regarding a baby-selling scandal in a home for unwed mothers run by the Missionaries of Charity (MOC) in Ranchi.  Church leaders said the crackdown on the MOC by the Jharkhand government was a ploy to discredit the organization as part of the state government’s anti-Christian agenda.

On June 21, authorities transferred a regional passport official in Lucknow, Uttar Pradesh, after he reportedly refused to issue passports to an interfaith couple.  Media reported the official harangued Tanvi Seth for not adopting her husband’s surname, then later suggested her spouse, Mohammad Anas Siddiqui, convert to Hinduism.  The Ministry of External Affairs intervened after Seth went public with their story on social media.  Authorities issued the couple passports a day later.

On June 11, Hyderabad police charged a member of the Telangana legislative assembly, T. Raja Singh of the BJP, for making hateful and derogatory remarks against Muslims and the Quran.  The police arrested him on charges of promoting enmity between different groups.  This was the 19th case filed against Singh.  In a live Facebook video session, Singh allegedly demanded a ban on the Quran, stating that its verses called for killing Hindus.

On February 7, BJP Member of Parliament Vinay Katiyar said Muslims had “no business” staying in India.  Speaking to a media organization, Katiyar said Muslims should instead settle in Bangladesh and Pakistan since they were responsible for the partition of India.

On July 31, the government of Assam published the final draft of the National Register of Citizens (NRC), a document intended to define individuals with a claim to citizenship in a state that experienced an influx of foreigners in 1971.  Authorities excluded more than 4 million individuals from the list, many of them Bengali-speaking Muslims.  The Supreme Court continued to oversee an appeals process at year’s end for those excluded.  The Citizenship (Amendment) Bill of 2016 that would allow certain Hindu, Sikh, Buddhist, Jain, Parsi, and Christian (but not Muslim) migrants from Afghanistan, Bangladesh, and Pakistan to become citizens continued to face strong criticism and was not taken up by the upper chamber of parliament during the year.

In January the Supreme Court ordered a newly-constituted Special Investigation Team (SIT) of law enforcement officials to assess 186 cases related to anti-Sikh riots in Delhi and Punjab in 1984.  In July media reports suggested the SIT failed to begin its work due to a member refusing to participate in its proceedings.

In April the central government removed its proposed ban on selling cattle for slaughter in animal markets that had been suspended by the Supreme Court.  Observers expressed concern the ban would most negatively impact Muslims, who dominate the country’s quarter trillion rupee ($3.58 billion) buffalo meat export industry.  Observers noted an increase in cow vigilantism hurt members of the Muslim, Dalit, and Adivasi communities who were economically dependent on the cattle trade and leather industries.  On July 17, the Supreme Court said violence in the name of cow vigilantism was unacceptable and the onus of preventing such incidents lay with the states.  The court ordered all state governments to designate a senior police officer in every district to prevent mob violence, ensure that the police act promptly against attackers, and asked the legislature to consider enacting a new penal provision to deal with mob violence by self-styled cow protectors and provide deterrent-level punishment to offenders.

On July 8, Union Minister Jayant Sinha came under public scrutiny after embracing individuals convicted of killing a Muslim trader in Jharkhand in 2017.  The eight men who met with Sinha were convicted of murder in the killing of Alimuddin Ansari, who they said was transporting beef.  Social commentators criticized Sinha, particularly for not speaking about the victim or about justice for his surviving family members.  Following the public backlash, he issued statements condemning violence and vigilantism.

On October 12, the Supreme Court stayed an order of the Uttarakhand High Court directing a blanket ban on fatwas by Islamic religious bodies.  The court acted in response to a rape victim’s complaint about a village council banishing her family from the village.

On September 19, the government issued an executive order to fine and imprison men who practice “triple talaq” – via which a Muslim man can divorce his wife instantly by saying the work “talaq” (Arabic for divorce) three times.  Muslim women’s groups have been central to efforts to end the practice, which is outlawed in many Muslim majority countries.  In 2017 the Supreme Court ruled that the practice was unconstitutional and inconsistent with Islamic law and urged parliament to draft a new provision.  The current executive order is scheduled to lapse if its provisions are not enacted into law by parliament before national parliamentary elections are held in 2019.

On August 28, the Punjab government passed an amendment to the federal penal code punishing the intentional desecration of certain religious texts – the Guru Granth Sahib (the Sikh holy book), the Bible, the Quran, and the Bhagwad Gita – with life imprisonment.  Media reports criticized the amendment as “excessive” and noted its potential misuse by authorities to restrict freedom of expression and silence political opponents.  As of September 25, the proposed amendment was under review by the central government, which must approve state-specific amendments to federal law.

On July 6, Gujarat became the third state, along with Maharashtra and West Bengal, to grant the Jewish community minority status, providing members with “benefits of welfare schemes formulated for religious minority communities within the jurisdiction” of the state.

The government continued its challenge, dating from 2016, of the Supreme Court ruling regarding the minority status of Muslim educational institutions that affords these institutions independence in hiring and curriculum decisions.  The central government continued to state that Aligarh Muslim University was a central university set up under an act of parliament, and therefore should not be considered a minority institution.

State and local jurisdictions submitted 25 proposals to the MHA during the year to rename cities across India, mirroring a similar trend of renaming train stations, islands, and roads that previously had British or Islamic names.  According to AsiaNews and Reuters, BJP leaders in Uttar Pradesh decided to rename some cities that “sounded too Islamic.”  In October Uttar Pradesh changed the name of Allahabad to Prayagraj.  In November authorities changed the name of the Faizabad District to Ayodhya, the place where Hindus believe Lord Ram was born.  Activists said these proposals were designed to erase Muslim contributions to Indian history and had led to increased communal tensions.

The Supreme Court in March overturned a 2017 Kerala High Court order that annulled the marriage of a Hindu woman and a Muslim man based on third-party allegations that she was forcibly converted to Islam, despite her denials.

The constitution guarantees the right to practice the religion of one’s choice and specifies that freedom of religion is a human right that may not be limited.  The constitution states, “The nation is based upon belief in one supreme God,” but it guarantees all persons the right to worship according to their own religion or belief.  The law restricts citizens from exercising these rights in a way that impinges on the rights of others, oversteps common moral standards and religious values, or jeopardizes security or public order.

The Ministry of Religious Affairs (MRA) extends official recognition to six religious groups:  Islam, Catholicism, Protestantism, Buddhism, Hinduism, and Confucianism.  The government maintains a longstanding practice of recognizing Sunni Islam as the official version of Islam of local Muslims, although the constitution has no such stipulation.

The blasphemy articles in the criminal code prohibit deliberate public statements or activities that insult or defame any of the six official religious groups, or have the intent of preventing an individual from adhering to an official religion.  These articles also stipulate that in any case of defamation of the six officially recognized religions, the Ministry of Home Affairs (MOHA), the MRA, and the Attorney General’s Office must first warn the individual in question before bringing a defamation charge.  The articles also forbid the dissemination of information designed to spread hatred or dissension among individuals and/or certain community groups based on ethnicity, religion, or race.  Individuals may be subject to prosecution for blasphemous, atheistic, or heretical statements under either of these provisions or under the laws against defamation, and may face a maximum prison sentence of five years.  A separate law forbids the electronic dissemination of the same types of information, with violations carrying a maximum four-year sentence.

The government defines a religion as having a prophet, holy book, and deity, as well as international recognition.  The government deems the six officially recognized religions meet these requirements.  Organizations representing one of the six recognized religions listed in the blasphemy law are not required to obtain a legal charter if they are established under a notary act and obtain approval from the Ministry of Law and Human Rights.  Religious organizations other than the six recognized religions listed in the blasphemy law must obtain a legal charter as a civil society organization from the MOHA.  Both ministries consult with the MRA before granting legal status to religious organizations.  By law, all religious groups must officially register with the government.  The laws requires all civil society organizations to uphold the national ideology of Pancasila, which encompasses the principles of belief in one God, justice, unity, democracy, and social justice, and they are prohibited from committing blasphemous acts or spreading religious hatred.  Violations of the law may result in a loss of legal status, dissolution of the organization, and arrest of members under the blasphemy articles of the criminal code or other applicable laws.  Indigenous religious groups must register with the Ministry of Education and Culture as aliran kepercayaan to obtain official, legal status.

A joint ministerial decree bans both proselytizing by the Ahmadi Muslim community and vigilantism against the group.  Violations of the Ahmadi proselytizing ban carry a maximum five-year prison sentence on charges of blasphemy.

The government requires all officially registered religious groups to comply with directives from the MRA and other ministries on issues such as construction of houses of worship, foreign aid to domestic religious institutions, and propagation of religion.

According to a joint ministerial decree, religious groups may not hold services in private residences, and those seeking to build a house of worship are required to obtain the signatures of at least 90 members of the group and 60 persons of other religious groups in the community stating they support the construction.  Local governments are in charge of implementing the decree, and local regulations, implementation, and enforcement vary widely.  The decree also requires approval from the local interfaith council, the Religious Harmony Forum (FKUB).  Government-established FKUBs exist at the city or district level and comprise religious leaders from the six official groups.  They are responsible for mediating interreligious conflicts.

The law requires religious instruction in public schools.  Students have the right to request religious instruction in any one of the six official religions, but teachers are not always available to teach the requested religion classes.  Individuals may not opt out of religious education requirements.

Under the terms of a 2005 peace agreement that ended a separatist conflict, Aceh Province has unique authority to implement sharia regulations.  The law allows for provincial implementation and regulation of sharia and extends the jurisdiction of religious courts to economic transactions and criminal cases.  The Aceh government states sharia in Aceh only applies to Muslim residents of the province.  Some Aceh Sharia Agency officials, however, state that sharia applies to all Muslims in Aceh, regardless of their official residency.  Sharia does not apply to non-Muslims.

Aceh’s provincial sharia regulations criminalize consensual same-sex activity, adultery, gambling, consumption of alcohol, and proximity to members of the opposite sex outside of marriage for Muslim residents of the province.  An Aceh governor’s decree forbids women from working in or visiting restaurants unaccompanied by their spouse or a male relative after 9 p.m.  A Banda Aceh mayoral decree forbids women from working in coffee shops, internet cafes, or sports venues after 1 p.m.  Sharia regulations prohibit female Muslim residents of Aceh from wearing tight pants in public, and they must wear headscarves.  One district in Aceh prohibits women from sitting astride motorcycles when riding as passengers, but this reportedly is rarely enforced.  The maximum penalties for violations of sharia regulations include imprisonment and caning.  There are regulations limiting the amount of force that authorities may exert during a caning.

Many local governments outside of Aceh have enacted regulations based on religious considerations; most of these are in majority Muslim areas.  Many of these regulations relate to matters such as religious education and only apply to a specific religious group.  Some religiously inspired local regulations in effect apply to all citizens.  For instance, some local regulations require restaurants to close during Ramadan fasting hours, ban alcohol, or mandate the collection of zakat (Islamic alms).  Other local regulations forbid or limit the religious activities of religious minorities, especially Shia and Ahmadi Muslims.

The marriage law does not explicitly forbid interfaith marriage, but it contains an article stipulating that parties must perform the marriage ceremony according to the rituals of a religion shared by both the bride and groom.  A man and woman of different religions who seek to marry may have difficulties finding a religious official willing to perform a wedding ceremony.  Some couples of different religions select the same religion on their KTPs in order to marry legally.

The law allows a Muslim man to have up to four wives, provided he is able to support each equally.  For a man to take a second, third, or fourth wife, he must obtain court permission and the consent of the first wife.  These conditions, however, are not always enforced.

Government regulations require Muslim male civil servants to receive permission from a government official and their first wives prior to marrying a second, third, or fourth wife, and prohibit female civil servants from becoming second, third, or fourth wives.

The law requires the leader of an aliran kepercayaan group to demonstrate group members live in at least three regencies, which are administrative designations one level below a province, before the leader may officiate legally at a wedding.  This constraint effectively bars believers of some smaller groups without such geographic presence from receiving official marriage services from a member of their faith, although groups can aid each other and facilitate marriages by a group with a similar faith tradition and rituals.

Following a 2017 Constitutional Court ruling, citizens are allowed to select indigenous faiths as an option on their KTP cards.  Previously, they were only allowed to choose one of the six officially recognized religions or leave the column blank when applying for a KTP.

A joint ministerial decree requires domestic religious organizations to obtain approval from the MRA to receive funding from overseas donors and forbids dissemination of religious literature and pamphlets to members of other religious groups as well as going door to door for the purposes of converting others.

Foreign religious workers must obtain religious worker visas, and foreign religious organizations must obtain permission from the MRA to provide any type of assistance (in-kind, personnel, or financial) to local religious groups.

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

Government Practices

On May 13, a family of suicide bombers attacked three Christian churches in Surabaya within minutes of each other.  The parents strapped explosives onto their daughters, ages six and eight, and their teenage sons.  The blasts killed 13 persons and injured 40 others.  President Joko Widodo ordered the National Police to thoroughly investigate the attacks and to identify and bring the guilty groups to justice.

Police and prosecutors said they used the provisions of a newly revised antiterrorism law to arrest more than 350 members of organizations supporting violence against individuals of different religious beliefs.  Authorities had prosecuted approximately 150 of these cases.  A court in August banned the militant group Jemaah Ansharut Daulah under the amended law.

Government and sharia officials stated non-Muslim residents of Aceh could choose punishment under sharia or civil court procedures, but Muslim residents of Aceh must receive punishment under sharia.  Several non-Muslim residents of Aceh chose punishment under sharia, reportedly due to the expediency of punishment and the risk of prolonged trials and possible lengthy prison sentences.

In January a Christian man reportedly opted for punishment under sharia, receiving 36 lashes for selling alcohol, an offense under sharia.  In February two Christians, residents of Aceh Province, received six lashes for gambling.  All three canings took place outside a mosque after Friday prayers with numerous onlookers.

In September Aceh authorities publicly caned a man and a woman in Banda Aceh for having an extramarital affair.  The couple received a sentence of 28 lashes, but had four of them suspended, as they had already been in jail four months.  In Aceh, in April the governor adopted a new regulation forbidding individuals from recording canings and allowing only private witnessing of canings by journalists and adults inside prisons.  Due in part to the subsequent arrest and detention of this governor, while the decree remained in effect, no districts enforced it.  Moving canings away from public view triggered controversy among regional administration and provincial lawmakers and garnered the objection of the influential Dayah community.  Dayah are traditional Islamic boarding schools for the study of the Quran, Hadith, and other Islamic texts.

In December media and human rights groups reported the government released a smartphone app called Smart Pakem allowing citizens to file heresy or blasphemy reports against groups with what the government considers unofficial or unorthodox religious practices.  Jakarta’s Prosecution Office launched the app, which it stated aimed to streamline the heresy and blasphemy reporting system.  Nirwan Nawawi, a spokesman for the prosecutor’s office said, “The objective…is to provide easier access to information about the spread of beliefs in Indonesia, to educate the public, and to prevent them from following doctrines from an individual or a group that are not in line with the regulations.”  Various human rights organizations criticized the app, saying it could undermine religious tolerance and freedom in the country.  According to Human Rights Watch, the app identifies several religious groups and their leaders (including Ahmadi, Shia, and Gafatar), describes their “deviant teachings,” and provides their local office addresses.  In August Human Rights Watch reported the government prosecuted at least 22 individuals for blasphemy since the beginning of the Widodo administration in 2014.

On August 24, a Medan court sentenced Meiliana (one name only), an ethnic-Chinese Buddhist woman, to 18 months in prison for blasphemy against Islam.  Reportedly, in 2016 she privately asked the local mosque caretaker’s daughter that the mosque lower its loudspeaker volume.  The press reported that rumors spread that she was demanding that mosques in her hometown of Tanjung Balai stop calls to prayer altogether.  In ensuing riots, Muslim local residents ransacked and destroyed at least 14 area Buddhist temples.  Human rights groups and some Muslim organizations throughout the country criticized both the prosecution of the case and the harshness of the verdict, as did Vice President Jusuf Kalla.  The central government issued a regulation limiting the volume of mosques’ speakers shortly after the verdict.  A higher court in October upheld the sentence, and Meiliana’s attorney said he planned an appeal to the Supreme Court.  According to news reports, Muslims who attacked Chinese businesses and Buddhist temples in Tanjung Balai in anger over Meiliana’s alleged action were sentenced to a maximum of two months behind bars.

On September 26, the Medan District Court in North Sumatra sentenced a police officer to 16 months in prison for shredding and dumping copies of the Quran into the gutter.  The court found the officer, Tommy Daniel Patar Hutabarat, guilty of blasphemy.

On April 30, the Pandeglang District Court in Banten sentenced Alnoldy Bahari to five years in prison and ordered him to pay a 100 million rupiah ($6,900) fine after finding him guilty of spreading hate speech.  Officials brought charges against him after he posted on Facebook that those who had not seen God were “fake” Muslims.  On May 7, the Tangerang District Court in Banten sentenced Abraham Ben Moses, also known as Saifuddin Ibrahim, 52, to four years in prison for religious defamation after a video appeared of him with a taxi driver in which he shared his Christian faith and engaged in a discussion concerning the Prophet Muhammad’s teachings on marriage, stating Muhammad acted inconsistently with his own teachings.  The court also ordered that Moses, who said he was a Christian cleric, pay a 50 million rupiah ($3,500) fine or else spend an additional one month in prison.  The court determined he intentionally spread information electronically with the intent to incite hatred against an individual, group, and society based on religion.

On July 25, a 21-year-old Christian student from North Sumatra received a four-year sentence for a Facebook post that likened the Prophet Muhammad to a pig.  His lawyer said the student did not challenge the verdict due to fear of intimidation by members of the Muslim group who reported him.  The lawyer also described his client’s trial as “full of intimidation” and said the accused became a target of verbal insults by members of the FPI outside the courtroom.

On July 23, the Constitutional Court dismissed a petition brought by members of the Ahmadi religious community to revoke the blasphemy articles within the criminal code.  This case marked the third failed attempt to repeal the blasphemy articles since 2010.

In November Grace Natalie, an ethnic Chinese Protestant member of the Indonesian Solidarity Party, pledged the party would not support discriminatory local laws based on “the Bible or sharia” and called for an end to the forced closure of places of worship.  Eggi Sudjana, a member of the rival National Mandate Party, reported her comments as potentially blasphemous.  Police summoned her for seven hours of questioning.  Authorities had not filed charges by year’s end.

Authorities had not charged any Ahmadi Muslims with blasphemy as of year’s end, but Ahmadi sources said provincial and local regulations based on these articles placed tighter restrictions on Ahmadis than on the six officially recognized religions.

The MRA maintained its authority at both the national and local level to conduct the “development” of religious groups and believers, including efforts to convert minority religious groups to Sunni Islam.  In several West Java regencies, local governments continued efforts to force or encourage conversion of Ahmadi Muslims with a requirement that Ahmadis sign forms renouncing their beliefs in order to register their marriages or participate in the Hajj.  According to the local Ahmadiyya community in Cianjur and Cirebon, local MRA offices obliged Ahmadis to sign forms stating they denounced Ahmadiyya teachings.  This practice has continued since 2014.

The Setara Institute, a domestic nongovernmental organization (NGO) that conducts advocacy and research on religious and political freedom, again stated the central government made efforts to reaffirm constitutional provisions for religious freedom, promote tolerance, and prevent religiously motivated violence.  It also stated, however, that the central government did little to intervene at the local level or resolve past religious conflicts through its mandate to enforce court rulings, override unconstitutional local regulations, or otherwise uphold the constitutional and legal protections afforded to minority religious groups.  The institute noted local governments selectively enforced blasphemy laws, regulations on permits, and other local regulations in ways that affected various religious groups.

According to religious groups and NGOs, government officials and police sometimes failed to prevent “intolerant groups” from infringing on others’ religious freedom and committing other acts of intimidation, such as damaging or destroying houses of worship and homes.  These groups included the FPI, FUI, FJI, and MMI.  Police did not always actively investigate and prosecute crimes by members of “intolerant groups.”  During the year, police again worked with human rights activists and NGOs to provide tolerance-training sessions to religious leaders and local police.

The Setara Institute reported 40 cases of government abuses of religious freedom between January and June compared with 24 cases in the first 11 months of 2017.  Abuses cited included discrimination, intolerance, and prohibitions on the wearing of hijabs in public school.  Setara attributed the increase to three factors:  the manipulation of the population’s religious sentiments by politicians and other societal actors in the period preceding the 2019 national elections; a rise in the role of community groups instigating intolerant actions; and increased use of social media to disseminate discriminatory messages.

More than 338 Shia Muslims from Madura remained displaced on the outskirts of Surabaya, East Java, after communal violence forced them from their homes in 2012.  Approximately 200 Ahmadi Muslims remained internally displaced in cramped apartments in Mataram, the capital of West Nusa Tenggara, after a mob expelled them from their Lombok village in 2006.

Across the country, minority religious groups, including Muslim groups in non-Muslim majority areas, continued to state the official requirement for a specific number of supporters to build or renovate a house of worship served as a barrier to construction.  Governments did not issue permits when the worshippers obtained the requisite numbers or when opponents of the construction pressured neighbors not to approve.  In many cases, a few vocal opponents from the local majority religious affiliation were reportedly sufficient to stop construction approvals.  State-recognized religious leaders in government-supported interfaith forums reportedly found ways to block aliran kepercayaan believers from constructing places of worship, largely through stringent house of worship permit requirements.  Aliran kepercayaan adherents said they were fearful of atheism accusations were they to contest this treatment in court.  Christian leaders reported that local officials indefinitely delayed permit approval for requests to build new churches because these officials feared construction would incite protests.  Ahmadi and Shia Muslims and Christians said they also faced problems when seeking approval to move to temporary facilities while a primary place of worship underwent renovation.

Local governments, police, and religious organizations reportedly tried to close religious minority groups’ houses of worship for permit violations, often after protests from “intolerant groups,” even if the minority groups had a proper permit.  Many congregations could not obtain the requisite number of nonmember signatures supporting construction of a house of worship and often faced protest from “intolerant groups” during the application process, making permits nearly impossible to obtain.  Even when authorities issued permits, they closed or forced construction to halt on some houses of worship after facing legal challenges and public protests.  Protestant and Catholic churches also reported that “intolerant groups” forced them to pay protection money to continue operating without a permit.  Some houses of worship established before the joint ministerial decree on house of worship construction came into effect reportedly were still obligated to meet the requirements or face closure.  Many houses of worship operated without permits in office buildings, malls, private homes, and shops.

On September 29, local authorities in Jambi closed three churches:  the Indonesian Methodist Church (Gereja Methodist Indonesia), Indonesia Christian Huria (Huria Kristen Indonesia), and Assemblies of God Church (Gereja Sidang Jemaat Allah).  According to the Indonesia Communion of Churches, several Muslim groups such as FPI had sent a letter to the city complaining the churches had created public disturbances.  This resulted in a meeting with city officials and the FPI, Indonesian Ulema Council (MUI), FKUB, and Malay Culture Institute (Lembaga Adat Melayu); however, there were no representatives from the affected churches.  A few days later, government agencies, police, and local chapters of the MUI and KUB decided to close the churches, citing “administrative issues.”  Protests by hundreds of the churches’ worshippers followed the closures.  Church leaders said they had been trying to apply for the appropriate permits from the city administration since 2003, but the city authorities had not granted them due to lack of support from neighborhood authorities and communities.  Jambi city spokesman Abu Bakar said the churches could reopen after the congregations obtained the permits.  Another Jambi official noted that 70 churches in the city had yet to receive building permits.

The Congregation of Churches in Jayapura, Papua, a Christian-majority province, publicly called for terminating the construction of a local mosque following pressure from the neighboring Christian community.  The group said the mosque’s minarets would be taller than the surrounding churches and other structures and questioned the building’s permit status.  The incident generated intense debate among Christian and Muslim communities, leading to the formation by the government of a mediation team to manage tensions between the two communities, largely divided between the area’s ethnic Papuans, who are majority Christian, and migrants from other parts of the country, who are predominantly Muslim.  The interfaith mediation team agreed in April to establish a mutually acceptable height limit of the minarets under construction, conduct an interfaith dialogue, and reaffirm the local government’s policy to enable religious faiths to establish houses of worship in the district.

Construction moved forward on the Santa Clara Catholic Church in Bekasi, West Java.  In December police reportedly sent personnel to safeguard the church, which was used as one of the venues in the region to celebrate Christmas.  The congregation had waited more than 15 years for the approval of its construction permit before receiving it in 2015, and “intolerant groups” regularly targeted the construction site for protests.  Following a 2017 protest, the Bekasi mayor assured the congregation it would be able to finish construction by December 2017, but construction still was not complete at the end of September.

Aliran kepercayaan followers continued to say teachers pressured them to send their children to a religious education class of one of the six officially recognized religions.  Minority religious groups not among the six recognized religions said schools often allowed their children to spend religious education time in study hall, but school officials required parents to sign documents stating their children received religious education.  Ahmadi Muslim students reported religion classes for Islam focused only on Sunni teachings.  A member of the indigenous belief community from Cirebon (belonging to the Sunda Wiwitan group) stated the teachers of their school demanded that students choose a formal education on one of the six officially recognized religions.  Most of the students chose Islam.

Civil servants who openly professed an adherence to an indigenous belief system continued to say they had difficulty obtaining promotions.

Although the government generally allowed citizens to leave the religion column blank on their KTPs, individuals continued to report difficulties accessing government services (such as procuring marriage licenses or receiving health care) and experiencing other forms of discrimination if they did so.  Many local officials reportedly were unaware of the option to leave the religion section blank and refused to issue such KTPs.  The lack of a KTP led to issues ranging from an inability to register for health insurance to problems applying for mortgages.  Faced with this problem, many religious minority members reportedly chose to identify as a member of an officially recognized religion close to their beliefs or reflecting the locally dominant religion.  According to researchers, this practice obscured the real number of adherents to any particular religious group in government statistics.  As of year’s end, observers said it was unclear whether all registry offices throughout the country had the application systems that would allow indigenous believers to state beliefs other than the six recognized religions on their KTPs, in accordance with the 2017 Constitutional Court ruling.  In October MRA officials said there were plans to identify indigenous faiths on KTPs cards; however, this would first require the legislature to revise the registration law, according to the ministry.

NGOs and religious advocacy groups continued to urge the government to remove the religion field from KTPs.  Religious minorities reported they sometimes faced discrimination after others saw their religious affiliation on their KTPs.  Members of the Jewish community said they felt uncomfortable stating their religion in public and often chose to state they were Christians or Muslims depending on the dominant religion where they lived, due to concern that local communities did not understand their religion.

Minority Muslim groups, including Ahmadis and Shia, also continued to report resistance when they tried to apply for KTPs as Muslims, effectively denying them access to public services if they could not secure KTPs.

Police Spokesperson Dedi Prasetyo stated police would optimize prevention measures to eradicate radicalism by persuasive engagement and by tracking and profiling of religious leaders. Police expected this engagement would help religious leaders lessen exposure to radicalism among their followers.

Both the central and local governments included elected and appointed officials from minority groups.  For example, the Governor of West Kalimantan and the Mayor of Solo were Catholic, and a leading Shia figure held a seat in the House of Representatives, elected from a majority Sunni district in Bandung, West Java.  As of October President Widodo’s 34-member cabinet included six members of minority faiths.

Foreign religious workers from many religious groups continued to state they found it relatively easy to obtain visas.  Despite laws restricting proselytizing, some foreign religious groups reported little government interference with preaching or religious conversions.

Police provided special protection to some churches in major cities during Sunday services and Christian holidays.

The constitution defines the country as an Islamic republic and designates Twelver Ja’afari Shia Islam as the official state religion.  The constitution stipulates all laws and regulations must be based on “Islamic criteria” and an official interpretation of sharia.  The constitution states citizens shall enjoy all human, political, economic, social, and cultural rights, “in conformity with Islamic criteria.”

The constitution prohibits the investigation of an individual’s ideas, and states no one may be “subjected to questioning and aggression for merely holding an opinion.”  The law prohibits Muslim citizens from changing or renouncing their religious beliefs.  The only recognized conversions are from another religion to Islam.  Apostasy from Islam is a crime punishable by death.  Under the law, a child born to a Muslim father is Muslim.

By law, non-Muslims may not engage in public persuasion or attempted conversion of Muslims.  These activities are considered proselytizing and punishable by death.  In addition, citizens who are not recognized as Christians, Zoroastrians, or Jews may not engage in public religious expression, such as worshiping in a church or wearing religious symbols such as a cross.  Some exceptions are made for foreigners belonging to unrecognized religious groups.

The penal code specifies the death sentence for moharebeh (enmity against God), fisad fil-arz (“corruption on earth,” which includes apostasy or heresy), and sabb al-nabi (“insulting the prophets” or “insulting the sanctities”).  According to the penal code, the application of the death penalty varies depending on the religion of both the perpetrator and the victim.

The constitution states the four Sunni (Hanafi, Shafi, Maliki, and Hanbali) and the Shia Zaydi schools of Islam are “deserving of total respect” and their followers are free to perform religious practices.  It states these schools may follow their own jurisprudence in matters of religious education and certain personal affairs, including marriage, divorce, and inheritance.

The constitution states Zoroastrians, Jews, and Christians are the only recognized religious minorities.  “Within the limits of the law,” they have permission to perform religious rites and ceremonies and to form religious societies.  They are also free to address personal affairs and religious education according to their own religious canon.  Any citizen who is not a registered member of one of these three groups, or who cannot prove that his or her family was Christian prior to 1979, is considered Muslim.

Since the law prohibits citizens from converting from Islam to another religion, the government only recognizes the Christianity of citizens who are Armenian or Assyrian Christians, since the presence of these groups in the country predates Islam, or of citizens who can prove they or their families were Christian prior to the 1979 revolution.  The government also recognizes Sabean-Mandaeans as Christian, even though the Sabean-Mandaeans state that they do not consider themselves as such.  The government often considers Yarsanis as Shia Muslims practicing Sufism, but Yarsanis identify Yarsan as a distinct faith (known as Ahle Haq or Kakai).  Yarsanis may also self-register as Shia in order to obtain government services.  The government does not recognize evangelical Protestants as Christian.

Citizens who are members of one of the recognized religious minorities must register with the authorities.  Registration conveys certain rights, including the use of alcohol for religious purposes.  Authorities may close a church and arrest its leaders if churchgoers fail to register or unregistered individuals attend services.  Individuals who convert to Christianity are not recognized as Christian under the law.  They may not register and are not entitled to the same rights as recognized members of Christian communities.

The supreme leader oversees extrajudicial Special Clerical Courts, not provided for by the constitution.  The courts, headed by a Shia Islamic legal scholar, operate outside the judiciary’s purview and investigate offenses committed by clerics, including political statements inconsistent with government policy and nonreligious activities.  The courts also issue rulings based on independent interpretation of Islamic legal sources.

The Ministry of Culture and Islamic Guidance and the Ministry of Intelligence and Security (MOIS) monitor religious activity.  The Iranian Revolutionary Guard Corps (IRGC) also monitors churches.

The constitution provides for freedom of the press except when it is “harmful to the principles of Islam or the rights of the public.”

The Ministry of Education (MOE) determines the religious curriculum of public schools.  All school curricula, public and private, must include a course on Shia Islamic teachings, and all pupils must pass this course in order to advance to the next educational level through university.  Sunni students and students from recognized minority religious groups must take and pass the courses on Shia Islam, although they may also take separate courses on their own religious beliefs.

Recognized religious minority groups, except for Sunni Muslims, may operate private schools.  The MOE supervises the private schools operated by the recognized minority religious groups and imposes certain curriculum requirements.  The ministry must approve all textbooks used in coursework, including religious texts.  These schools may provide their own religious instruction and in languages other than Farsi, but authorities must approve those texts as well.  Minority communities must bear the cost of translating the texts into Farsi so the authorities can review them.  Directors of such private schools must demonstrate loyalty to the official state religion.  This requirement, known as gozinesh review, is an evaluation to determine adherence to the government ideology and system as well as knowledge of the government interpretation of Shia Islam.

The law bars Baha’is from founding their own educational institutions.  A Ministry of Science, Research, and Technology order requires universities to exclude Baha’is from access to higher education or expel them if their religious affiliation becomes known.  Government regulation states Baha’is are only permitted to enroll in universities if they do not identify themselves as Baha’is.  To register for the university entrance examination, Baha’i students must answer a basic multiple-choice question and identify themselves as followers of a religion other than Baha’i (e.g., Muslim, Christian, Jewish, or Zoroastrian).  To pass the entrance examination, university applicants must pass an exam on Islamic, Christian, or Jewish theology based on their official religious affiliation.

According to the constitution, Islamic scholars in the Assembly of Experts, an assembly of 86 popularly elected and supreme leader-approved clerics whose qualifications include piety and religious scholarship, elect the supreme leader, the country’s head of state.  To “safeguard” Islamic ordinances and to ensure legislation passed by the Islamic Consultative Assembly (i.e., the parliament or “Majles”) is compatible with Islam, a Guardian Council composed of six Shia clerics appointed by the supreme leader, and six Shia legal scholars nominated by the judiciary, must review and approve all legislation.  The Guardian Council also vets all candidates for the Assembly of Experts, president, and parliament and supervises elections for those bodies.

The constitution bans the parliament from passing laws contrary to Islam and states there may be no amendment to its provisions related to the “Islamic character” of the political or legal system or to the specification that Twelver Ja’afari Shia Islam is the official religion.

Non-Muslims may not be elected to a representative body or hold senior government, intelligence, or military positions, with the exception of five of the 290 parliament seats reserved by the constitution for recognized religious minorities.  There are two seats reserved for Armenian Christians, one for Assyrian and Chaldean Christians together, one for Jews, and one for Zoroastrians.

The constitution states in regions where followers of one of the recognized schools of Sunni Islam constitute the majority, local regulations are to be in accordance with that school within the bounds of the jurisdiction of local councils and without infringing upon the rights of the followers of other schools.

According to the constitution, a judge should rule on a case on the basis of the codified law, but in a situation where such law is absent, he should deliver his judgment on the basis of “authoritative Islamic sources and authentic fatwas.”

The constitution specifies the government must “treat non-Muslims in conformity with the principles of Islamic justice and equity, and to respect their human rights, as long as those non-Muslims have not conspired or acted against Islam and the Islamic Republic.”

The law authorizes collection of “blood money” or diyeh as restitution to families for the death of Muslims and members of recognized religious minorities.  Baha’i families, however, are not entitled to receive diyeh.  This law also reduces the diyeh for recognized religious minorities and women to half that of a Muslim man.

By law, non-Muslims may not serve in the judiciary, the security services (separate from regular armed forces), or as public school principals.  Officials screen candidates for elected offices and applicants for public sector employment based on their adherence to and knowledge of Islam and loyalty to the Islamic Republic (gozinesh requirements), although members of recognized religious minorities may serve in the lower ranks of government if they meet these loyalty requirement.  Government workers who do not observe Islamic principles and rules are subject to penalties and may be fired or barred from work in a particular sector.

The government bars Baha’is from all government employment and forbids Baha’i participation in the governmental social pension system.  Baha’is may not receive compensation for injury or crimes committed against them and may not inherit property.  A religious fatwa from the supreme leader encourages citizens to avoid all dealings with Baha’is.

The government does not recognize Baha’i marriages or divorces but allows a civil attestation of marriage to serve as a marriage certificate, which allows for basic recognition of the union but does not offer legal protections in marital disputes.  Baha’i activists report this often leaves women without the legal protections of government-recognized marriage contracts.

Recognized religious groups issue marriage contracts in accordance with their religious laws.

The constitution permits the formation of political parties based on Islam or on one of the recognized religious minorities, provided the parties do not violate the “criteria of Islam,” among other stipulations.

The constitution states the military must be Islamic, must be committed to Islamic ideals, and must recruit individuals who are committed to the objectives of the Islamic revolution.  In addition to the regular military, the IRGC is charged with upholding the Islamic nature of the revolution at home and abroad.  The law does not provide for exemptions from military service based on religious affiliation.  The law forbids non-Muslims from holding positions of authority over Muslims in the armed forces.  Members of recognized religious minorities with a college education may serve as officers during their mandatory military service, but may not continue to serve beyond the mandatory service period to become career military officers.

The country is a party to the International Covenant on Civil and Political Rights, but at ratification entered a general reservation “not to apply any provisions or articles of the Convention that are incompatible with Islamic Laws and the international legislation in effect.”

Government Practices

According to Amnesty International (AI) and other international human rights NGOs, the government convicted and executed dissidents, political reformers, and peaceful protesters on charges of moharebeh and anti-Islamic propaganda.  According to AI and CHRI, authorities executed Zaniar Moradi and Loghman Moradi, two Kurdish minority prisoners, at Rajai Shahr Prison on September 8 after they were convicted on charges of moharebeh and murder, despite concerns of AI, CHRI, and other human rights NGOs regarding the use of torture, forced confessions, and denials of access to legal counsel.  Prior to the executions, the UN special rapporteur on the situation of human rights in Iran and the UN special rapporteur on extrajudicial, summary, or arbitrary executions released a joint statement writing, “We urge the Government of Iran to immediately halt their executions and to annul the death sentences against them.  We are alarmed by information received that Zanyar and Loghman Moradi suffered human rights violations before and during their trial, including torture and other ill-treatment and denial of access to a lawyer.”

Media outlets reported that on September 3, authorities hanged three Baluchi prisoners whom the Zahedan Revolutionary Court had sentenced to death in November 2017 on charges of moharebeh for allegedly participating in a firefight with police forces that led to the death of a police officer.  According to HRANA, “the three wrote an open letter detailing mistreatment and torture at the hands of their interrogators.”

International media and human rights organizations reported that the government executed Mohammad Salas, a member of the Gonabadi Sufi Dervish Order, on June 18 for allegedly killing three police officers during clashes between Gonabadi Sufis and security forces in February.  Human rights organizations, including AI, CHRI, and HRANA, decried Salas’ conviction and execution, noting marked irregularities in his case and allegations of forced confession under police torture.  The authorities reportedly denied Salas access to a lawyer and dismissed defense witnesses who could have testified to the fact that Salas was already in custody at the time of the police officers’ deaths.  According to AI, “Mohammad Salas’ trial was grossly unfair.  He said he was forced under torture to make a ‘confession’ against himself.  This ‘confession,’ taken from his hospital bed, was…used as the only piece of evidence to convict him.  He was not allowed access to his chosen lawyer.”

Human rights organizations widely reported the detention of Zeinab Taheri, a human rights lawyer, who was defending Salas.  Authorities arrested Taheri one day after Salas was executed.  On June 19, the Prosecutor’s Office for Culture and Media summoned Taheri and detained her on charges of “disturbing the public opinion,” “spreading propaganda against the system,” and “publishing lies.”  Tehran prosecutor Jafari Dolatabadi subsequently said during a press conference that Taheri had “incited the public opinion and mobilized the counterrevolution against the judiciary,” and that “the hostile media used her remarks to published reports against the judiciary.”

Residents of provinces with large Sunni populations, including Kurdistan, Khuzestan, and Sistan and Baluchistan, reported continued repression by judicial authorities and members of the security services, including extrajudicial killings, arbitrary arrest, and torture in detention, as well as discrimination, including suppression of religious rights, lack of basic government services, and inadequate funding for infrastructure projects.  The March report by UN special rapporteur on the situation of human rights in Iran Asma Jahangir highlighted the disproportionately large number of executions of Sunni Kurdish prisoners.  The report stated authorities often detained Sunni Kurds “on charges related to various activities such as environmental activism, eating in public during the month of Ramadan, working as border couriers engaged in smuggling illicit goods, or for celebrating the results of the referendum held in neighboring Iraqi Kurdistan,” among other political or security-related charges.

Human rights NGOs, including HRANA, reported throughout the year on the extremely poor conditions inside Ardabil Prison, including reports of Shia guards routinely torturing Sunni prisoners.  In March CHRI reported that Mohammad Saber Malek-Raeisi, a Baluchi Sunni Muslim, who had been imprisoned since 2009, was suffering from serious injuries as a result of repeated beatings by guards during the four years he has been held in Ardabil Prison.  According to CHRI, prison authorities severely beat and tortured Malek-Raeisi in December 2017 after he went on a hunger strike to protest conditions.  Since then, his mother reported him ill and unable to see in one of his eyes.

HRANA also reported increased pressure on Sunni inmates at Rajai Shahr Prison in Karaj and Dizal Abad Prison in Kermanshah.  According to HRANA, on August 7, approximately 30 MOIS agents and 50 Special Forces raided a ward at Rajai Shahr housing minority Sunni inmates, beating the prisoners and taking their belongings.  The security forces reportedly insulted the Sunni prisoners’ religious beliefs during the raid.  Authorities reportedly denied medical treatment to those injured from the beatings.  The Rajai Shahr incident was reportedly retribution for the inmates’ religious and political activities.

In February HRANA reported seven Sunni prisoners in Rajai Shahr Prison detained since 2009 continued to await a new trial after the Supreme Court rejected the death sentences handed down to them in 2015.  The prisoners denied engaging in violence and said the authorities arrested them because of their religious beliefs and activities, including attending religious meetings and disseminating religious material.

According to Baluchi rights activists, Baluchis faced government discrimination as both Sunni religious practitioners and an ethnic minority group.  Baluchi rights activists reported continued arbitrary arrests, physical abuse, and unfair trials of journalists and human rights activists.  Baluchi rights activists reported that authorities often pressured family members of those in prison to remain silent.  HRANA reported that on June 17, authorities arrested Sunni Baluchi civil rights activist Abdollah Bozorgzadeh for joining a gathering in support of the 41 “Iranshahr Girls,” whom a group of well-connected men reportedly raped in the southeastern city of Iranshahr, located in the predominately-Sunni province of Sistan and Baluchistan.  Upon his arrest, authorities transferred Bozorgzadeh to an IRGC-run Zahedan detention center, where Bozorgzadah said he was tortured.  In July CHRI reported that authorities arrested at least 10 Baluchi activists for protesting the alleged rapes.  At his sermon on June 15, Iranshahr’s Sunni Friday Prayer Leader Mohammad Tayyeb Mollazehi reportedly stated that a suspect in custody had confessed he and several other men had raped 41 women.  However, according to CHRI, officials denied either that the rapes happened or claimed elements of the case had been falsified.  According to Iran Wire, the country’s prosecutor general threatened legal action against the Sunni prayer leader because the alleged perpetrators belonged to some of the city’s most influential families, including connections to or membership in the IRGC, Basij, military, and police.

The government continued to incarcerate numerous prisoners on various charges related to religion.  According to the Iran Prison Atlas, a database of political prisoners compiled by the U.S.-based NGO United for Iran, at least 272 members of minority religious groups remained imprisoned for being religious minority practitioners.  Of the total number of prisoners in the database, at least 165 were imprisoned on charges of moharebeh, 34 for “insulting the Supreme Leader and Ayatollah Khomeini,” 21 for “insulting Islam,” and 20 for “corruption on earth,” a term according to the Oxford Dictionary of Islam meaning in Quranic usage “corrupt conditions, caused by unbelievers or unjust people, that threaten social and political wellbeing.”  Shia religious leaders who did not support government policies reportedly continued to face intimidation and arrest.

Various media outlets and human rights organizations reported incidents of severe physical mistreatment of the Gonabadi Sufi minority.  According to CHRI, guards at the Great Tehran Penitentiary attacked and beat Gonabadi detainees on August 29.  Several of the inmates reportedly were badly injured, suffered broken bones, and were moved to solitary confinement.  HRANA specified that the guards attacked at least 18 dervishes with batons and electroshock weapons in response to the prisoners’ protests of the beating of female Sufis in Gharchak Prison.

International media and NGOs widely reported more than 300 Gonabadi Sufi dervishes were detained after police open fired on them during February 19-20 demonstrations in Tehran to protest the house arrest of their spiritual leader, Noor Ali Tabandeh.  Authorities held Tabandeh, aged 91, under house arrest in Tehran since at least February and denied him access to urgently needed medical care.  According to HRW, Mohammed Raji, one of those arrested in February, died in police custody.  Authorities told Raji’s family on March 4 that he died from repeated blows to the head.  The family said that Raji was injured, but alive at the time of his arrest.  HRW stated that authorities refused to clarify the sequence and timing of events that led to Raji’s death.

According to CHRI and other human rights organizations, the Revolutionary Court of Tehran sentenced 20 of the detained Gonabadi Sufis to lengthy prison terms for crimes of “assembly and collusion against national security,” “disturbing public order,” “disobeying law enforcement agents,” and “propaganda against the state.”  Mostafa Abdi received the most severe sentence with 26 years in prison, 148 lashes, two years of internal exile in Sistan and Baluchistan Province, a two-year ban on social activities, and a two-year prohibition on traveling abroad.  In August HRW reported that authorities had sentenced at least 208 dervishes since May “to prison terms and other punishments that violate their basic rights.”  The courts delivered sentences that included prison terms ranging from four months to 26 years, flogging, internal exile, travel bans, and a ban on membership in social and political groups.  CHRI reported that on February 19 Iranian security forces arrested Reza Entessari and Kasra Nouri, reporters with the Sufi news website Majzooban-e-Noor, while they were covering the violent dispersal of protests of treatment of the Gonabadi dervishes in Tehran.

On March 3, according to CHRI, the Revolutionary Court of Tehran sentenced Mohammad Ali Taheri, founder of the spiritual doctrine Interuniversalism and the Erfan-e Halgheh group, to five years in prison for a second time, on charges of “spreading corruption on earth.”  This sentence followed the Supreme Court’s rejection of Taheri’s prior death sentence in December 2017.  According to press, the Supreme Court ordered Taheri retried, citing a faulty investigation.  The case of Taheri, imprisoned since 2011, drew widespread international condemnation, including from human rights organizations, NGOs, and the UN special rapporteur.

On August 19, according to CHRI, a court sentenced journalist and satirist Amir Mohammad Hossein Miresmaili to 10 years in prison for “insulting sacred tenets and the imams,” “insulting government and judicial officials,” “spreading falsehoods to disturb public opinion,” and “publishing immoral and indecent matters.”  Authorities had arrested him in April after he posted a tweet criticizing the Friday prayer leader of Mashhad and referencing a Shia imam.

On October 25, according to CHRI, the government arrested journalist Pouyan Khoshhal and charged him with “insulting the divinity of Imam Hossein and other members of the prophet’s blessed household” after he used the word “demise” instead of “martyrdom” in referring to Imam Hossein in an article.

There continued to be reports of arrests and harassment of Sunni clerics and congregants.  In February CHRI reported government officials banned Molavi Abdolhamid Ismaeelzahi , the country’s leading Sunni cleric and Friday prayer leader of Zahedan, from traveling outside of Zahedan.  According to a July Radio Farda report, Member of Parliament (MP) Mahmoud Sadeghi, along with 20 other legislators, called upon the intelligence minister to lift the travel ban imposed on “Iran’s most prominent Sunni clergyman.”  The MPs questioned the government’s reason for the travel restrictions and reiterated the right to freedom of movement.

On September 22, HRANA reported the Special Clerical Court of Hamedan arraigned Sunni preacher and activist Hashem Hossein Panahi, “presumably for participating in the funeral of executed political prisoner Ramin Hussein Panahi.”  After he delivered a sermon at the funeral, MOIS filed charges against Hashem Hossein Panahi with the Special Clerical Court, which is under the direct control of the supreme leader.  The charges included “propaganda against the regime” and “disturbing public opinion.”

In response to the September 22 terrorist attack on a military parade in Ahvaz, Khuzestan, a region with a sizeable Sunni Arab population and where international media report longstanding economic and social grievances have led to sporadic protests, international press and human rights organizations reported domestic backlash against Arab Sunnis.  AI and the Ahvaz Human Rights Organization reported the authorities arrested hundreds of Ahvazi political and minority activists in the aftermath of the September 22 attack.

CHRI reported that authorities detained Sunni rap artist Shah Baloch, whose real name is Emad Bijarzehi, on June 20 in the southeastern port city of Chabahar for singing about state oppression against ethnic and religious minorities in Sistan and Baluchistan Province.  According to CHRI, authorities did not permit Baloch access to legal counsel.

Human rights organizations and Christian NGOs continued to report authorities arrested Christians for their religious affiliation or activities, including members of unrecognized churches for operating illegally in private homes or on charges of supporting and accepting assistance from “enemy” countries.  Many arrests reportedly took place during police raids on religious gatherings and included confiscations of religious property.  News reports stated that authorities subjected arrested Christians to severe physical and psychological mistreatment, which at times included beatings and solitary confinement.

CHRI reported that on January 6 the Revolutionary Court in Tehran sentenced Shamiram Isavi, the wife of Victor Bet Tamraz, who formerly led the country’s Assyrian Pentecostal Church, to five years in prison.  The judge convicted her on charges of “acting against national security by organizing home churches, attending Christian seminars abroad, and training Christian leaders in Iran for the purpose of espionage.”  Authorities arrested Isavi and her husband in their home in Tehran on December 26, 2014, along with their son, Ramin Bet Tamraz, and 12 Christian converts.  In June 2016, the revolutionary court judge sentenced Victor Bet Tamraz and Christian converts Hadi Asgari and Kavian Fallah Mohammadi to 10 years in prison each, while convert Amin Afshar Naderi received a 15-year prison sentence.  In February 2018, the UN special rapporteurs on freedom of religion or belief, on the situation of human rights in Iran, on minority issues, and on the right to health issued a joint public statement expressing concern at the lengthy sentences for Bet Tamraz, Asgari, Naderi, as well as reports of their mistreatment in prison, and, broadly, the targeting of religious minorities, particularly Christian converts.  Authorities released Bet Tamraz, Asgari, Mohammadi, and Naderi on bail while they appealed their sentences.

According to international media and various NGOs, including the Christian World Watch Monitor (CWWM) and Christian Solidarity Worldwide (CSW), on May 2, Pastor Youcef Nadarkhani, Yasser Mossayebzadeh, Saheb Fadaie, and Mohammad Reza Omidi received notification that the appeals court upheld their 10-year prison sentences for “acting against national security” by “promoting Zionist Christianity” and running house churches.  Instead of utilizing the customary summons procedure, CWWM and CSW reported that authorities took Nadarkhani and the three other sentenced Christians to Evin Prison following a series of violent raids on their homes in late July, which included beatings and electroshock weapons.  According to NGOs, the authorities also sentenced Nadarkhani and Omidi to two years internal exile in the southern region of the country, far from their homes in the country’s north near the Caspian Sea.  As of May Omidi, Mossayebzadeh, and Fadaie still awaited the outcome of the appeal of their September 2016 sentence of 80 lashes for consumption of communion wine.  According to CSW, the government sentenced Fadaie to an additional 18 months and another Christian, Fatemaeh Bakhteri, to 12 months in prison for “spreading propaganda against the regime.”  Fadaie also received two years in internal exile in a remote area near the Afghanistan border after his prison sentence.

On November 16, according to NGOs and media reports, security forces arrested Christian converts Behnam Ersali and Davood Rasooli in separate raids and took them to unknown locations.  Six security agents arrested Ersali at his friend’s home in Masshad and two security agents arrested Rasooli at his home in Karaj.

Mohabat News reported the detention and abuse of Karen Vartanian, an Armenian Christian whom authorities initially arrested in December 2017 after participating in student protests at Arak University.  Vartanian faced a number of political charges, including “promoting Christianity and anti-Islamic activities.”  According to Mohabat News and local media, Vartanian reportedly experienced physical and psychological abuse, lost at least 15 kilograms (33 pounds) and suffered a heart attack as a result of beatings.

According to a December 5 article in World Watch Monitor, citing information from the NGO rights group Article 18, the government arrested 142 Christians across multiple cities in one month.  The authorities asked them to write down the details of their Christian activities and told them not to have any more contact with Christians or Christian groups.  The authorities released most of them after a few hours or days, but kept the suspected leaders in detention.

Activists and NGOs reported Yarsani activists and community leaders continued to be subject to detention or disappearance for engaging in awareness raising regarding government practices or discrimination.  In March the Kurdistan Human Rights Network (KHRN) reported authorities arrested Yarsani activist Seyyed Peyman Pedrood.  According to KHRN, Pedrood disappeared in late December 2017 after leaving home, and his family later received unofficial information that security forces had arrested and transferred him to an unknown location.

According to the BIC, approximately 90 Baha’is were in prison as of November.  The BIC stated that all arrests and detentions were directly linked to the individual’s professed faith and religious identity.  Charges brought against Baha’is included “insulting religious sanctities,” “corruption on earth,” “propaganda against the system,” espionage and collaboration with foreign entities, and actions against national security.  Charges also included involvement with the Baha’i Institute for Higher Education (BIHE), a university-level educational institution the government considered illegal.  According to the BIC, in many cases, the authorities made arrests in conjunction with raids on Baha’i homes, during which they confiscated personal belongings, particularly religious books and writings.

HRW reported the government arrested more than 20 Baha’is in Shiraz, Karaj, and Isfahan on unknown charges in August and September.  According to Iran Press Watch (IPC), MOIS officials on September 15 and 16 detained six Baha’i environmental activists, Sudabeh Haghighat, Noora Pourmoradian, Elaheh Samizadeh, Ehsan Mahboub Rahvafa, Navid Bazmandegan and his wife Bahareh Ghaderi, on unknown charges in Shiraz.  Human rights organizations and media reported agents searched the home of Basmandegan and Ghaderi and took the couple to an unknown location away from their five-year-old daughter Darya, who suffered from cancer and required care post-treatment.

On November 23, BIC reported the government arrested more than 20 Baha’is in multiple cities in the provinces of Tehran, Isfahan, Mazandaran, and East Azerbaijan over the course of two weeks.  The government also sentenced up to a dozen Baha’is, including nine Baha’is in Isfahan, who received a combined sentence of more than 40 years in prison on charges of “membership in the unlawful administration of the perverse Baha’i sect for the purpose of action against internal security” and “engaging in propaganda against the regime of the Islamic Republic.”

CHRI reported the government detained Shiraz City Council member Mehdi Hajati for 10 days in September for defending the “false Baha’i faith” after he tweeted about his attempts to free two Baha’i detainees.  The judiciary subsequently placed Hajati under judicial surveillance and banned him from his seat on the council

According to CHRI, on April 23 authorities returned to Rajai Shahr Prison Afif Naeimi, one of the seven leaders of the Yaran, a former group that tended to the social and spiritual needs of the Baha’i community and that was formed with the knowledge and approval of the government.  He had been on medical furlough due to life-threatening ailments.  CHRI reported, however, that upon return to prison, his condition was still poor and the judiciary’s own medical experts had ruled him too ill to be incarcerated.  In 2008, authorities arrested the seven individuals and sentenced them to 20 years in prison for “disturbing national security,” “spreading propaganda against the regime,” and “engaging in espionage” before the sentences were reduced to 10 years each on appeal.  Since September 2017, authorities released the other six leaders – Mahvash Sabet, Fariba Kamalabadi, Jamaloddin Khanjani, Saeid Rezaie, Behrouz Tavakkoli, and Vahid Tizfahm – upon completion of their sentences.  According to BIC, authorities targeted these individuals because of their religious affiliation.

In May BIC reported a series of arrests of Baha’is.  On May 1, authorities detained Baha’i Kaviz Nouzdahi at his home in Mashhad and took him to the city’s Vakilabad Prison.  BIC also reported that the next day MOIS agents arrested a man identified only as “Motahhari” at his home in Isfahan.  According to Iran Wire, on May 6, Ministry of Information agents conducted an orchestrated raid of the residences of four Baha’is, during which they arrested three Baha’is, Nooshin Afshar, Neda Sabeti, and Forough Farzaneh, and took them to an unknown location.  Authorities reportedly searched their homes and confiscated their mobile phones, computers, and religious books.  BIC reported that the May arrestees faced charges because of their religious beliefs.  In a May 25 statement, BIC said the “systematic nature” of the arrests in a number of provinces suggested “a coordinated strategy on the part of government authorities.”

According to CHRI, on July 22 an appeals court in Kurdistan upheld a one-year sentence for Zabihollah Raoufi, whom authorities accused of proselytizing his Baha’i Faith.  The court upheld Raoufi’s conviction on charges of “propaganda against the state” and “assembly and collusion against national security by promoting Baha’ism.”  According to Iran Wire, on October 31 the 70-year-old Raoufi reported to prison to start serving his sentence.

According to Iran Wire, on January 28 a court sentenced Fataneh Nabilzadeh, a Baha’i resident of Mashhad, to one year in prison on the charge of “propaganda against the regime.”  MOIS officials had arrested Nabilzadeh in 2013 for administering tests to her son and another Baha’i student on behalf of the BIHE.

According to January reports by CWWM and CSW, authorities sentenced two Christians, Eskander Rezaie and Soroush Saraei, in Shiraz to eight years in prison for “action against national security,” proselytizing, and holding house church meetings.  Authorities also charged Saraei, the pastor of the Church of Shiraz, with “forgery” for providing letters for students who did not want to attend Islamic studies classes.  The advocacy group Middle East Concern reported both men appealed their sentences.  During the same court hearing, a Christian woman, Zahrar Nourouzi Kashkouli, received a one year prison sentence, for “being a member of a group working against the system.”

According to the World Watch Monitor website, Article 18 reported Christian convert Ali Amini remained in Tabriz Prison following his arrest by authorities in December 2017 and had his laptop and cell phone confiscated.  He remained in a Tabriz Prison as of February.

Many Baha’is reportedly continued to turn to online education at BIHE despite government censorship through use of internet filters, blocking of websites, and the arrests of teachers associated with the program.  Since the BIHE’s online and offline operations remained illegal, students and teachers continued to face the risk of arrest for participation.  BIHE instructor Azita Rafizadeh remained in prison serving a four-year sentence for teaching at the institution.  Rafizadeh’s husband, Peyman Koushk-Baghi, continued serving a five-year sentence.  According to Payam News, officials initially arrested Koushk-Baghi in March 2016 while visiting his wife at Evin Prison.  Tehran Revolutionary Court sentenced them on charges of “membership in the illegal and misguided Baha’i group with the aim of acting against national security through illegal activities at the BIHE educational institute.”  CHRI reported that on January 3 Evin Prison authorities told Rafizadeh she would only be considered for furlough if she apologized for teaching online classes to members of her faith.  Authorities reportedly said she must sign a statement to repenting for her work and promising she would not work there again.

Christians, particularly evangelicals and converts from Islam, continued to experience disproportionate levels of arrests and detention, and high levels of harassment and surveillance, according to Christian NGO reports.  Numerous Christians remained imprisoned at year’s end on charges related to their religious beliefs.  Prison authorities reportedly continued to withhold medical care from prisoners, including some Christians, according to human rights groups.  According to human rights NGOs, the government also continued to enforce the prohibition on proselytizing.

According to Mohabat News, the Revolutionary Court of Bushehr on June 20 sentenced Christian convert Payam Kharaman and 11 other Christians to one year in prison on the charge of “propaganda” activities against the government and promotion of “Zionist Christianity” through house meetings, evangelism, and proselytizing.  Authorities initially arrested the 12 Christians in Bushehr in April 2016.  CWWM reported that on March 2 authorities arrested 20 Christians in a workshop near the city of Karaj when security forces raided the premises.  Among those detained, authorities reportedly permitted Christian convert Aziz Majidzadeh to contact his family in April; he informed them that he and the others were being held at Evin Prison awaiting formal charges.  He reportedly said his interrogators focused on activities related to his Christian faith.  Article 18 reported on May 20 that authorities had released Majidzadeh pending a full investigation and trial.

Various media outlets and NGOs reported that on June 25, authorities released Mohammadali Yassaghi, a Christian also known as Estifan, from prison following a hearing at the Revolutionary Court in Babolsar, in which the presiding judge dismissed the charges against him.  The authorities arrested Yassaghi on April 10 on accusations of “spreading propaganda against the establishment” and later transported him to Babol Prison in Mazandaran Province.  According to CSW, Yassaghi was a member of the Church of Iran and converted to Christianity more than 20 years ago.

International media reported that on March 6 government officials detained Shia cleric Hossein Shirazi, the son of Ayatollah Sadegh Shirazi.  Both Hossein Shirazi and his father, a senior cleric in the Qom Seminary, were reportedly critical of the government.  Authorities detained Hossein Shirazi in Qom after he attended an Islamic theology class.  During a lecture in February, Hossein Shirazi reportedly likened the country’s principle of Velayat Faghih – or the rule of a single jurist – to the “regimes of pharaohs in Egypt.”  He also reportedly accused the country’s leaders of tyranny.  Ayatollah Sadegh Shirazi’s opponents have accused him of promoting “British Shiism” and receiving funds from Britain and Saudi Arabia.

In January HRANA reported that security forces arrested Shia cleric Mohammad Mehdi Nekounam, son of Ayatollah Mohammad Reza Nekounam, a senior cleric detained in October 2017.  According to HRANA, authorities also raided Mohammad Mehdi Nekounam’s home and seized all communication devices, including cell phones and laptops, without providing an arrest warrant.  Authorities arrested his father, Ayatollah Nekounam, in 2015 and sentenced him to five years in prison and an undisclosed number of lashes.  The court also stripped Ayatollah Nekounam of his right to clerical office.  The court reportedly said it would not disclose any details about either case to “protect” the status of the clergy.  Sources stated the arrests were related to Nekounam’s indirect criticism of other clerics.  Reportedly he indirectly criticized Ayatollah Makarem Shirazi’s opposition to fast internet services and also criticized an incident in Isfahan in which individuals threw acid on women to punish them for improper hijabs.  In an interview, Nekounam stated, “The one who throws acid [at others] is the most violent person.”  HRANA reported in January of Ayatollah Nekounam’s ailing health following a stroke in the Qom Prison, but said authorities denied him access to his medications.

There were continued reports of authorities placing restrictions on Baha’i businesses or forcing them to shut down after they had temporarily closed in observance of Baha’i holidays or of authorities threatening shop owners with potential closure, even though businesses could legally close without providing a reason for up to 15 days a year.  In November BIC reported that authorities shut down more than a dozen Baha’i businesses in Khuzestan Province after the owners closed their businesses temporarily in observance of two Baha’i holidays.  According to IPC, on July 28 authorities shut down a Baha’i-owned business in the city of Kashan.  HRANA reported that the “Kashan Office of Properties refused to issue a business permit for optician shop of Javad Zabihian, due to his Baha’i Faith.  The Office of Properties then shut down and sealed Mr. Zabihian’s business.”  According to HRANA, the Superior Administrative Court on August 16 denied a petition to open 24 shuttered Baha’i-owned businesses in Urmia.  From July 9 through mid-August 2017, authorities reportedly sealed the businesses for closing in observance of a Baha’i holy day.  In August HRANA reported three Baha’is, Sahba Haghbeen, Samira Behinayeen, and Payam Goshtasbi, were fired from their jobs in Shiraz in a “continued effort to put economic constraints on Iranian Baha’is.”  HRANA also reported that on May 10, the MOIS office in Maku summoned Shahin Dehghan, a Baha’i citizen, and informed him that he had 10 days to sell his business or it would be confiscated and he would be sent to prison.  According to BIC, the government continued to raid Baha’i homes and businesses and confiscate private and commercial property, as well as religious materials.

The government continued to hold many Baha’i properties it seized following the 1979 revolution, including cemeteries, holy places, historical sites, and administrative centers.  The government also continued to prevent Baha’is from burying their dead in accordance with their religious tradition.  According to HRANA, security forces in Kerman prevented the burial of a Baha’i from Kerman, Hussein Shodjai, who died on August 26, and forced his family to bury the deceased in the city of Rafsanjan.  The authorities’ demand contravened Baha’i burial laws, under which the distance from the place of death to the burial place should not exceed one hour, according to the Kitab-i-Aqdas, the central holy book of the Baha’i Faith.  IPC also reported that on March 16 authorities sealed the Baha’i cemetery of Kerman (known as the Eternal Garden) without specific justification.

In August BIC reported continued instances of the desecration and destruction of Baha’i property and holy sites.  Many government offices, including the City Council, the governor’s office, and the deputy governor’s office refused to take any action.  In November CHRI reported local authorities relocated the buried body of a Baha’i woman without the permission of the family.

According to human rights organizations, Christian advocacy groups, and NGOs, the government continued to regulate Christian religious practices.  Official reports and the media continued to characterize Christian house churches as “illegal networks” and “Zionist propaganda institutions.”  Christian community leaders stated that if the authorities learned Armenian or Assyrian churches were baptizing new converts or preaching in Farsi, they closed the churches.  Authorities also reportedly barred unregistered or unrecognized Christians from entering church premises and closed churches that allowed them to enter.

Christian advocacy groups continued to state the government, through pressure and church closures, had eliminated all but a handful of Farsi-language church services, thus restricting services almost entirely to the Armenian and Assyrian languages.  Security officials monitored registered congregation centers to perform identity checks on worshippers to confirm non-Christians or converts did not participate in services.  In response, many Christian converts reportedly practiced their religion in secret.  Other nonrecognized religious minorities such as Baha’is and Yarsanis were also forced to gather in private homes to practice their faith in secret.

The government continued to curb Christian practices at cemeteries, and authorities confiscated properties owned by Christian religious organizations.  CHRI reported that on March 7 a group controlled by the supreme leader issued an eviction order for Sharon Gardens, a Christian retreat center occupying 2.5 acres of land in in the Valadabad District of Karaj, 32 miles west of the capital.  The center was owned by the country’s largest Christian Protestant organization, the Jama’at-e Rabbani Church Council, also known as the Iran Assemblies of God, since the early 1970s; the eviction reflected a 2015 revolutionary court order for its confiscation.

The government continued to monitor the statements and views of senior Shia religious leaders.  Shia religious leaders who did not support government policies or Supreme Leader Ali Khamenei’s views reportedly continued to face intimidation, arrest, and imprisonment on charges related to religious offenses.

Critics stated the government used extrajudicial special clerical courts to control non-Shia Muslim clerics, as well as to prosecute Shia clerics who expressed controversial ideas and participated in activities outside the sphere of religion, such as journalism or reformist political activities.

The government continued to require women of all religious groups to adhere to “Islamic dress” standards in public, including covering their hair and fully covering their bodies in loose clothing – a manteau (overcoat) and a hijab (headscarf) or, alternatively, a chador (full body length semicircle of fabric worn over both the head and clothes).  Although the government at times eased enforcement of rules for such dress, it also punished “un-Islamic dress” with arrests, lashings, fines, and dismissal from employment.  The government continued to crack down on other public displays it deemed counter to its interpretation of Shia Islam laws, such as dancing and men and women appearing together in public.  In June security agents arrested a female teenager, Maedeh Hojabri, for posting videos of herself dancing without a hijab on Instagram.  Authorities then aired on state television a video of Hojabri, who acknowledged breaking moral norms while insisting that she was not encouraging others to follow her example, according to a report by Radio Farda.  International media widely reported her arrest, as well as an outpouring of social media support for Hojabri from fellow citizens.  According to a February report by HRW, authorities arrested at least three women protesting the country’s dress code/hijab laws in January and February.  Officials arrested Nargess Hosseini on January 29 when she took off her headscarf in a public protest against the hijab laws.  They arrested Azam Jangravi on February 14 and Shaparak Shajarizadeh on February 21 in similar circumstances.  On June 13, authorities arrested Nasrin Sotoudeh, a human rights attorney who had represented the women, telling her husband that authorities were taking her to prison for a sentence she had received in absentia.  Authorities sentenced Hosseini in March to 24 months in prison, suspending 21 months of her sentence.  On social media, Shajarizadeh stated on July 9 that a court had sentenced her to 20 years in prison, suspending 18 years of the sentence.

HRW also reported that on July 27, state TV’s “20:30” program featured an interview with the sister of anti-hijab activist Masih Alinejad, denouncing Alinejad’s advocacy against compulsory hijab laws.  In a post on social media and in a New York Times op-ed piece, Alinejad stated that, despite her sister’s statements that she had appeared on the program of her own free will, authorities pressured her family to denounce her on state television.

Authorities reportedly continued to deny the Sabean-Mandaean and Yarsan religious communities access to higher education and government employment unless they declared themselves as Christian or Muslim, respectively, on their application forms.

Public and private universities continued to deny Baha’is admittance and to expel Baha’i students once their religion became known.  In September BIC and IPC reported that at least 60 Baha’is were banned from universities during the year due to their religious beliefs and despite passing the entrance exam “under the false pretenses that they had ‘incomplete files’ or that their names were not in the registration list.”  The report also stated that officials told many Baha’i students who passed the grueling National University Entrance Exam, known as “Konkur,” that they might be able to study, but that they would need to write a letter and disavow their faith in order to do so.

CHRI reported that from March to September authorities expelled at least 50 Baha’i students from universities because of their religious beliefs.  In July CHRI reported a Baha’i woman, Sarir Movaghan, was expelled from the Islamic Azad University in Isfahan.  Movaghan declared she was Baha’i on the university enrollment form and was accepted, but four years later and just before her final exams, she was expelled.  According to CHRI, the university contacted Movaghan in May and told her that, as a Baha’i, she should have known that she could not be at the university.  Many Baha’is reportedly did not try to enroll in state-run universities because of the Baha’i Faith’s tenet not to deny one’s faith.

According to BIC, government regulations continued to ban Baha’is from participating in more than 25 types of work, many related to food industries, because the government deemed them “unclean.”

According to Mazjooban Noor, the official website of the Gonabadi dervishes, authorities continued to dismiss Gonabadi dervishes from employment and bar them from university studies for affiliation with the Sufi order.  CHRI reported that authorities expelled Sepideh Moradi Sarvestani, a member of the Gonabadi dervishes, from Tehran’s Tarbiat Modares University on February 3 “for refusing to formally pledge not to engage in activities deemed unacceptable by officials.”

Members of the Sunni community continued to dispute statistics published in 2015 on the website of the Mosques Affairs Regulating Authority stating there were nine Sunni mosques operating in Tehran and 15,000 across the country.  Community members said the vast majority of these were simply prayer rooms or rented prayer spaces.  International media and the Sunni community continued to report authorities prevented any new Sunni mosques from being built in Tehran.  Sunnis reported the number of mosques in the country did not meet the demands of the population.

Because the government barred them from building or worshiping in their own mosques, Sunni leaders said they continued to rely on ad hoc, underground prayer halls, or namaz khane, to practice their faith.  Security officials continued to raid these unauthorized sites.  In August international media reported police dispersed Sunni worshipers who had gathered outside a prayer hall in Tehran’s eastern Resalat neighborhood.  Authorities barred the worshipers from entering the venue to hold communal prayers on Eid al-Adha.  The Sunni congregation had reportedly obtained an official permit from the Ministry of Interior and the Tehran governorate’s political deputy.

MOIS and law enforcement reportedly continued to harass Sufis and Sufi leaders.  Media and human rights organizations reported continued censorship of the Gonabadi order’s Mazar Soltani websites, which contained speeches by the order’s leader, Noor Ali Tabandeh, and articles on mysticism.

International media and NGOs reported continued government-sponsored anti-Christian propaganda to deter the practice of or conversion to Christianity.  According to Mohabat News, the government routinely propagated anti-Christian publications and online materials, such as the book Christian Zionism in the Geography of Christianity, published in 2017.

According to members of the Sabean-Mandaean and Yarsan religious communities, authorities continued to deny them permission to perform religious ceremonies in public and to deny them building permits for places of worship.

Yarsanis reported continued discrimination and harassment in the military and school systems.  They also continued to report that the birth registration system prevented them from giving their children Yarsani names.  A March report by the UN special rapporteur on the situation of human rights in Iran stated Yarsanis continued to face a range of human rights violations, including attacks on their places of worship, the destruction of community cemeteries, and arrests and torture of community leaders.  The report provided “accounts of individuals being fired after it is discovered that they are Yarsan, and of individuals being forcibly shaved (the moustache is a holy symbol for the Yarsan community) when they refused to pray, for example when undertaking military service.”

According to the Tehran Jewish Committee, five Jewish schools and two kindergartens continued to operate in Tehran, but authorities required their principals be Muslim.  The government reportedly continued to allow Hebrew language instruction but limited the distribution of Hebrew texts, particularly nonreligious texts, making it difficult to teach the language, according to the Jewish community.  The government reportedly required Jewish schools to remain open on Saturdays, in violation of Jewish religious law, to conform to the schedule of other schools.

According to Christian NGOs, government restrictions on published religious material continued, including confiscations of books about Christianity already on the market, although government-sanctioned translations of the Bible reportedly existed.  Government officials frequently confiscated Bibles and related non-Shia religious literature, and pressured publishing houses printing unsanctioned non-Muslim religious materials to cease operations.  Books about the Yarsan religion remained banned.  Books published by religious minorities, regardless of topic, were required to carry labels on the cover denoting their non-Shia Muslim authorship.

Sunni leaders continued to report authorities banned Sunni religious literature and teachings from religion courses in some public schools, even in predominantly Sunni areas.  Other schools, notably in the Kurdish regions, included specialized Sunni religious courses for the students.  Assyrian Christians reported the government continued to permit their community to use its own religious textbooks in schools after the government reviewed and authorized their content.  Unrecognized religious minorities, such as Yarsanis and Baha’is, continued to report they were unable to legally produce or distribute religious literature.

In July Sepanta Niknam, a Zoroastrian, was restored to his position on the Yazd City Council following a ruling that constitutionally recognized religious minorities could run in local elections.  According to CHRI, on July 21, by a two-thirds majority, the Expediency Council, the country’s highest arbiter of disputes between state branches, voted to amend the Law on the Formation, Duties, and Election of National Islamic Councils, thereby affirming the right of constitutionally recognized religious minorities to run in local elections.  In September 2017, local and international media reported that the Yazd Court of Administrative Justice called for the suspension of Niknam.  After being re-elected to the council in May 2017, the court forced him to step down after issuing a ruling that as a member of a religious minority, Niknam could not be elected to a council in a Muslim-majority constituency.  The ruling was in response to a complaint lodged by his unsuccessful Muslim opponent.

Sunnis reported continued underrepresentation in government-appointed positions in the provinces where they formed a majority, such as Kurdistan and Khuzestan, as well as an inability to obtain senior government positions.  In January CHRI observed that while there were 21 Sunni representatives in the 290-member parliament, no Sunni had served in a ministerial position since the founding of the Islamic Republic despite comprising a significant percent of the population.

Sunni activists continued to report that throughout the year, and especially during the month of Moharam, the government sent hundreds of Shia missionaries to areas with large Sunni Baluch populations to try to convert the local population.

International media quoted Jewish community representatives such as Siamak Morsadegh, the sole Jewish member of parliament, as stating that there continued to be government restrictions and discrimination against Jews as a religious minority, but that there was little interference with Jewish religious practices.  According to the Tehran Jewish Committee, there were 31 synagogues in Tehran, more than 20 of them active, and 100 synagogues throughout the country.  Jewish community representatives said they were free to travel in and out of the country, and the government generally did not enforce a prohibition against travel to Israel by Jews, although it enforced the prohibition on such travel for other citizens.

Government officials continued to employ anti-Semitic rhetoric in official statements and sanction it in media outlets, publications, and books.  During remarks on June 15, Supreme Leader Khamenei said, “the Zionist regime, which has a legitimacy problem, will not last… and through Muslim nations’ vigilance, be certainly destroyed.”  Government-sponsored rallies continued to include chants of “death to Israel” and participants accused other religious minorities, such as Baha’is and Christians, of collusion with Israel.  Local newspapers carried editorial cartoons that were anti-Semitic in nature, often focusing on developments in Israel or elsewhere in the region, including the move of the U.S. embassy in Israel to Jerusalem.  The May 15 edition of the newspaper Tasnim carried a cartoon that portrayed Israel as a snake intent on devouring Jerusalem.  On February 13, the website Javan published an article, entitled “The Use of Corrupt Jewish Women by Secret Spy Services to Trap Important World Figures,” that claimed that Jewish religious law allowed Jewish women to use their gender and femininity to gather intelligence for Mossad.

According to human rights activists, the government maintained a legal interpretation of Islam that required citizens of all faiths to follow strict rules based on the government’s interpretation of Shia jurisprudence, creating differentiation under the law between the rights granted to men and women.  The government continued to enforce gender segregation and discrimination throughout the country without regard to religious affiliation.

The government continued to maintain separate election processes for the five seats reserved for representatives of the recognized religious minority communities in parliament.

The government continued to allow recognized religious minority groups to establish community centers and certain self-financed cultural, social, athletic, and/or charitable associations.

The constitution establishes Islam as the official religion of the state, and a “foundational source” of legislation.  It states no law may be enacted contradicting the “established provisions of Islam,” but it also states no law may contradict the principles of democracy or the rights and basic freedoms stipulated in the constitution.

The constitution protects the “Islamic identity” of the Iraqi people, although it makes no specific mention of Sunni or Shia Islam.  The constitution also provides for freedom of religious belief and practice for Christians, Yezidis, and Sabean-Mandeans, but it does not explicitly protect followers of other religions, or atheists.  According to the penal code, Jews may not hold jobs in state enterprises or join the military.  The law prohibits the practice of the Baha’i Faith and the Wahhabi branch of Sunni Islam.

The constitution states each individual has the right to freedom of thought, conscience, and belief.  Followers of all religions are free to practice religious rites and manage religious endowment affairs and religious institutions.  The constitution guarantees freedom from religious coercion and states all citizens are equal before the law without regard to religion, sect, or belief.

Personal status laws and regulations prohibit the conversion of Muslims to other religions, and require administrative designation of minor children as Muslims if either parent converts to Islam, or if one parent is considered Muslim, even if the child is a product of rape.  Civil status law allows non-Muslim women to marry Muslim men, but it prohibits Muslim women from marrying non-Muslims.

The following religious groups are recognized by the personal status law and thereby registered with the government:  Islam, Chaldean, Assyrian, Assyrian Catholic, Syriac Orthodox, Syriac Catholic, Armenian Apostolic, Armenian Catholic, Roman Catholic, National Protestant, Anglican, Evangelical Protestant Assyrian, Seventh-day Adventist, Coptic Orthodox, Yezidi, Sabean-Mandean, and Jewish.  Recognition allows groups to appoint legal representatives and perform legal transactions such as buying and selling property.  All recognized religious groups have their own personal status courts responsible for handling marriage, divorce, and inheritance issues.  According to the government, however, there is no personal status court for Yezidis.

There are three diwans (offices) responsible for administering matters for the recognized religious groups within the country:  the Sunni Endowment Diwan, the Shia Endowment Diwan, and the Endowment of the Christian, Yezidi, and Sabean-Mandean Religions Diwan.  The three endowments operate under the authority of the Office of the Prime Minister to disburse government funds to maintain and protect religious facilities.

Outside of the IKR, the law does not provide a mechanism for a new religious group to obtain legal recognition.  The law prescribes 10 years’ imprisonment for anyone practicing the Baha’i Faith.  For the practice of unrecognized religious groups other than Baha’i – including Wahhabi Muslim, Zoroastrian, Yarsanism, and the Kaka’i faith – the law does not specify penalties; however, contracts signed by institutions of unrecognized religious groups are not legal or permissible as evidence in court.

In the IKR, religious groups obtain recognition by registering with the KRG MERA.  To register, a group must have a minimum of 150 adherents, provide documentation on the sources of its financial support, and demonstrate it is not anti-Islam.  Eight faiths are registered with the KRG MERA:  Islam, Christianity, Yezidism, Judaism, Sabean-Mandaeism, Zoroastrianism, Yarsanism, and the Baha’i Faith.

In addition to the Christian denominations recognized by the government, the KRG has registered 11 evangelical Christian and other Protestant churches:  Nahda al-Qadassa Church in Erbil and Dohuk, Nasari Evangelical Church in Dohuk, Kurd-Zaman Church in Erbil, Ashti Evangelical Church in Sulaimaniya, Evangelical Free Church in Dohuk, the Baptist Church of the Good Shepherd in Erbil, al-Tasbih International Evangelical Church in Dohuk, Rasolia Church in Erbil, as well as United Evangelical, Assemblies of God, and Seventh-day Adventist Churches in Erbil.  The KRG allows new Christian churches to register with a minimum of 50 adherents.

In the IKR, Christian groups may register separately with the Council of Iraqi Christian Church Leaders, an independent group formed by Christian church leaders, which includes six evangelical Protestant churches.  Registration with the Council of Iraqi Christian Church Leaders provides Christian churches and leaders with access to the KRG MERA and to the KRG’s Christian endowment.

The KRG MERA operates endowments that pay salaries of clergy and fund construction and maintenance of religious sites for Muslims, Christians, and Yezidis, but not for the other six registered religions.

The law requires the government to maintain the sanctity of holy shrines and religious sites and guarantee the free practice of rituals for recognized religious groups.  The penal code criminalizes disrupting or impeding religious ceremonies and desecrating religious buildings.  The penal code imposes up to three years’ imprisonment or a fine of 300 dinars (26 cents) for such crimes.

By law, the government provides support for Muslims outside the IKR desiring to perform the Hajj and Umrah, organizing travel routes and immunization documents for entry into Saudi Arabia.  The Sunni and Shia endowments accept Hajj applications from the public and submit them to the Supreme Council for the Hajj.  The council, attached to the Prime Minister’s office, organizes a lottery process to select pilgrims for official Hajj visas.  Lottery winners pay differing amounts to the government for their visas prior to Hajj depending on their mode of travel:  3.5 million dinars ($3,100) for Hajj travel by land, and five million dinars ($4,400) for travel by air.  In the IKR, the KRG MERA organizes Hajj and Umrah travel, carrying out a lottery to choose the pilgrims for official Hajj visas allotted to the IKR.

The constitution guarantees minority groups the right to educate children in their own languages.  While it establishes Arabic and Kurdish as official state languages, it makes Syriac, typically spoken by Christians, and Turkoman official languages only in the administrative units in which those groups “constitute density populations.”  In the IKR, there are 56 Syriac and 21 Turkoman language schools.  The constitution provides for a Federal Supreme Court made up of judges, experts in Islamic jurisprudence, and legal scholars.  The constitution leaves the method of regulating the number and selection of judges to legislation that requires a two-thirds majority in the Council of Representatives (COR) for passage.

The constitution provides citizens the right to choose which court (civil or religious) will adjudicate matters of personal status, including marriage, divorce, child custody, inheritance, and endowments.  Islam takes precedence when one of the parties to the dispute is from an unrecognized faith.  The law states civil courts must consult the religious authority of a non-Muslim party for its opinion under the applicable religious law and apply the religious authority’s opinion in court.  In the IKR, the Personal Status Court adjudicates personal disputes between Muslims, and the Civil Status Court handles all other cases.

New national identity cards do not denote the bearer’s religion, although the online application still requests this information.  The only religions that may be listed on the national identity card application are Christian, Sabean-Mandean, Yezidi, Jewish, and Muslim.  There is no distinction between Shia and Sunni Muslim, or a designation of Christian denominations.  Individuals practicing other faiths may only receive identity cards if they self-identify as Muslim, Yezidi, Sabean-Mandean, Jewish, or Christian.  Without an official identity card, one may not register one’s marriage, enroll children in public school, acquire passports, or obtain some government services.  Passports do not specify religion.

The law provides constitutional guarantees for the reinstatement of citizenship to individuals who gave up their citizenship for political or sectarian reasons; however, this law does not apply to Jews who emigrated and gave up their citizenship under a 1950 law.

Civil laws provide a simple process for a non-Muslim to convert to Islam, but the law forbids conversion by a Muslim to another religion.

The law in the IKR formally recognizes the Baha’i, Zoroastrian, and Sabean-Mandean faiths, and promotes equal political, cultural, societal, and economic representation of all minority groups.  It forbids “religious, or political, media speech individually or collectively, directly or indirectly that brings hate and violence, terror, exclusion, and marginalization based on national, ethnic, or religious or linguistic claims.”

The law reserves nine of the COR’s 329 seats for members of minority communities:  five for Christian candidates from Baghdad, Ninewa, Kirkuk, Erbil, and Dohuk; one for a Yezidi; one for a Sabean-Mandean; one for an ethnic Shabak; and one for a Faili Kurd from Wasit.  Usually one of the COR rapporteur positions is designated for a Christian MP and the other a Turkoman.  The Iraqi Kurdistan Parliament (IKP) reserves 11 of its 111 seats for ethnic minorities:  five for Chaldeans, Syriacs, and Assyrians; five for Turkomans; and one for an Armenian.

Islamic education, including study of the Quran, is mandatory in primary and secondary schools, except in the IKR.  Non-Muslim students are not required to participate in Islamic studies.  The government provides Christian religious education in public schools in some areas where there are concentrations of Christian populations, and there is a Syriac curriculum directorate within the Ministry of Education.

The antiterrorism law of November 2005 defines terrorism as “Every criminal act committed by an individual or an organized group that targeted an individual or a group of individuals or groups or official or unofficial institutions and caused damage to public or private properties, with the aim to disturb the peace, stability, and national unity or to bring about horror and fear among people and to create chaos to achieve terrorist goals.”  Anyone found guilty under this law is sentenced to death.

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

Government Practices

International and local NGOs said the government continued to use the antiterrorism law as a pretext for detaining individuals without due process.  Observers reported the current antiterrorism law did not allow for the right to due process and a fair trial.  Sunni leaders said authorities referenced the law in their arbitrary detentions of young Sunni men on suspicion of ISIS links but provided no corroborating evidence.

According to international human rights organizations, some Shia militias, including some under the PMF umbrella, committed abuses and atrocities and were implicated in several attacks on Sunni civilians, allegedly to avenge ISIS crimes against Shia.  Following the return of central government control in Kirkuk in late 2017, Kurds, Turkomans, Kaka’i, Christians, and other minorities faced discrimination, displacement, and in some cases, violence from PMF and Iraqi security forces.  Media outlets carried numerous reports of Shia PMF groups invading, looting, and burning the houses of Kurds, Sunni Turkomans, Sunni Arabs, and other ethnic minorities in Kirkuk Governorate.  Kurds faced similar violence in Khanaqin, a majority Kurdish city in Diyala Governorate that also passed from KRG to central government control in 2017.  Analysts stated that discrimination continued to stoke ethno-sectarian tensions in the disputed territories throughout the year.  In August four Kurds, including a Peshmerga, were beheaded in Khanaqin by unknown attackers.  The Kaka’i community in Daquq, Kirkuk Governorate, continued to suffer harassment and intimidation, which Kaka’i civil society groups said accelerated under PMF occupation of the area.

The religious status of children resulting from rape became a more prominent issue because of the number of minority children resulting from gender-based violence perpetrated by ISIS.  Yezidi community leaders reported that Yezidi captives of ISIS who were repeatedly raped and bore children were forced to register those children as Muslims and convert to Islam themselves to obtain ID cards, passports, and other governmental services.  Yezidi sources reported the number of these children range from several dozen to several hundred.  They said societal stigma made it difficult to obtain accurate numbers.  According to Christian leaders, in some cases Christian families formally registered as Muslim but privately practicing Christianity or another faith were forced to choose to register their child as a Muslim or to have the child remain undocumented.  Remaining undocumented would affect the family’s eligibility for government benefits such as school enrollment and ration card allocation for basic food items, which depends on family size.  Larger families with legally registered children received higher allotments than those with undocumented children.

Representatives of minority religious communities said that, while the central government did not generally interfere with religious observances and even provided security for places of worship and other religious sites, including churches, mosques, shrines, and religious pilgrimage sites and routes, minority groups continued to face harassment, including sexual assault, and restrictions from local authorities in some regions.  Christian religious leaders continued to publicly accuse the Iranian-backed Shabak Shia PMF militia 30th Brigade, controlled by Iraqi parliament member Hunain Qado and his brother Waad, of harassment and sexual assaults on Christian women in Bartalla and elsewhere in Hamdaniya District.  The chair of the municipal council of Bartalla made public court documents from several cases involving militiamen charged with theft, harassment, and sexual harassment.  Shabak Sunni leaders in Hamdaniya made similar allegations.

According to Christian and other minority community leaders, Shabak parliamentarians, including Qado, with the support of some other Shia elements within the central government in Baghdad, had directed the 30th Brigade to harass Christians to drive out the area’s dwindling Christian population and allow Shabak and other Shia Muslims to settle in the area’s traditionally Christian town centers.  Christians in Tal Kayf made similar claims that the nominally Christian but majority Sunni Arab PMF 50th “Babylon” Brigade actively sought to prevent and disrupt the return of the displaced Christian community to facilitate the settlement of Sunni Arab and Shia Shabak populations in that town.

The Ninewa provincial government ordered that all district governments comply with a 2017 federal law granting land to the families of mostly Shia Muslim PMF martyrs of the war against ISIS as compensation for their loss.  The order included those districts with Sunni and non-Muslim majorities.  In September Hamdaniya District Mayor Essam Behnam issued an order suspending such grants in the historically Christian majority district, citing the constitution’s prohibition of forced demographic change.  Throughout the year, Behnam successfully resisted political pressure at both the federal and provincial levels to issue such land grants in Hamdaniya.  Iraq’s National Investment Commission, under the presidency of the Council of Ministers, approved the building of large housing development projects on government-owned land in the outskirts of Bartalla.  Pointing to a surplus of houses in Christian town centers, Christian community leaders alleged that virtually all the future occupants of this housing would be Shabak and Arab Muslims not native to Bartalla.

Some Yezidi and Christian leaders continued to report harassment and abuse by KRG Peshmerga and Asayish forces in the KRG-controlled portion of Ninewa; some leaders said the majority of such cases were motivated by politics rather than religious discrimination.  According to various NGOs, central government, and KRG sources, KRG security forces and ISF blocked major roads between the IKR and central government-controlled Iraq, including roads serving minority communities such as the roads between Dohuk and Sinjar, al Qosh and Tal Kayf, and Sheikhan and Mosul.  The closure of these roads forced minorities to take long, circuitous detours, restricted their access to markets for their goods, and left them vulnerable to harassment and extortion at numerous checkpoints.  After lengthy negotiations, the KRG and GOI opened most of these roads during the year, including the al Qosh-Tal Kayf and Shaykhan-Mosul roads in October and the Dohuk-Sinjar road in December.

In June elements of the PMF Imam Ali Brigade refused to allow the Yezidi Sinjar District Council to return to Sinjar City from its temporary location in Mosul, even with an official letter from the Office of the Prime Minister.  In October a combination of PMF and popular protest again prevented the Yezidi mayor of Sinjar and the district council from returning to Sinjar.  Christians reported continued harassment, abuse, and delays at numerous checkpoints operated by various PMF units, impeding movement in and around several Christian towns on the Ninewa Plain, including the Shabak Brigade in Qaraqosh, Bartalla, and Karamles, and the 50th “Babylon” Brigade in Batnaya and Tal Kayf.

According to multiple sources, some government forces and militia groups forced alleged ISIS sympathizers or family members of suspected members from their homes in several governorates.  For example, there were reports the PMF militia group Kataib Hizballah kidnapped and intimidated local Arab Sunni residents in Diyala and Babil Governorates and prevented Arab Sunni IDPs from returning to their places of origin.

The KRG continued to actively support and fund the rescue of captured Yezidis and provide psychosocial support services at a center in Dohuk Province.  According to the KRG MERA director general for Yezidi affairs, since 2014 3,322 Yezidis kidnapped by ISIS had been rescued or released, but 3,015 Yezidis were still missing as of October.  Rescued captives reported being sold multiple times and subjected to forced conversions to Islam, sexual exploitation, and violence.  The Iraqi Independent Human Rights Commission reported in August that 600 Turkomans kidnapped by ISIS, including more than 120 children, remained missing, none of whom had been reported rescued by the end of the year.  A Turkoman NGO, however, stated in December that more than 1300 Turkomans were still missing and said it had evidence that ISIS had trafficked Turkoman women to Chechnya, Turkey, and Syria.  The KRG MERA also reported that 250 Christians were rescued, leaving an estimated 150 missing.

In October the KRG MERA director general for Yezidi Affairs reported the KRG had paid more than $7 million in ransom and payments to middlemen to secure the release of approximately 2,000 Yezidis from ISIS since 2014.  In July the Ninewa Provincial Council established two offices, one in Mosul and the other in Sinjar, responsible for investigating the fate of Yezidis still missing or held captive by ISIS.  Yezidi groups said the presence of armed affiliates of the PKK, a U.S.-designated terrorist organization, and PMF militias in Sinjar continued to hinder the return of IDPs.

According to Yazda, a global Yezidi organization, Yezidis in the IKR were discriminated against when they refused to self-identify as Kurdish; only those Yezidis who considered themselves Kurdish could obtain senior positions in the IKR leadership.  In the IKR, those not identifying as Kurdish said actions such as obtaining a residency card or a driver’s license were challenging.  The KRG continued to offer support and funding to some non-Muslim minorities, but other minorities in the IKR, including evangelical Christians, said they continued to face difficulties in changing their registration from Muslim to Christian if they were converts, or engaged in in proselytizing.

In some parts of the country, non-Muslim religious minorities, as well as Sunni and Shia in areas where they formed the minority, continued to face harassment and restrictions from authorities.  In July ISF forces and local police forcibly entered Mar Gorgees Syriac Catholic Church in Bartalla, cut the internet network of the church and adjacent cultural center, and destroyed the church’s internet server equipment.  While authorities accused the church of unauthorized distribution of an IKR-based internet service to the Christian community in Ninewa Province, Syriac Catholic Church leaders said the action represented an attack on the church, and they accused the security forces of acting on behalf of a rival, politically connected internet provider.

The KRG MERA reduced the number of mosques delivering weekly Friday sermons from 3,000 to 2,000 by combining mosques located in the same neighborhoods.  MERA Spokesman and Director of General Relations Mariwan Naqshbandy said MERA was formulating a policy to produce and distribute pre-approved content for Friday sermons in MERA-funded mosques to prevent the spread of extremism.  The KRG MERA banned eight imams from delivering Friday sermons, citing extremist ideology and incitement to violence.  The imams continued to receive MERA salaries and were ordered to undergo a rehabilitation course to regain permission to preach in MERA-approved mosques.  MERA also banned 10 books by well-known Islamic scholars because they encouraged violence and extremism.  MERA also introduced a mandatory training program for new imams that included instruction on religious pluralism and tolerance and against extremist preaching and hate speech.

According to the international human rights NGO Heartland Alliance, KRG law protecting the rights of religious freedom was undermined by vague wording and did not provide implementation mechanisms or penalties for violations.

In September Syriac Orthodox Archbishop Dawood Matti Sharf said the central government had not opened an investigation into the alleged ISF and PMF destruction of the second century tomb in Qaraqosh of religious notable Youhana al-Delimi, despite a lawsuit filed by the archbishop in 2017.

Advocacy groups and religious minority representatives reported increased emigration.  Estimates, including those cited by several Christian parliamentarians (MPs), the daily number of Christian families leaving the country, including the IKR, ranged from 10 to 22.  A director of an Assyrian NGO reported that four Syriac language schools closed in Dohuk due to lack of students.  Some Yezidis and Christians maintained their own militias.  Some of these received support from Baghdad through the PMF, while others received assistance from KRG Peshmerga units.  Some representatives of religious minority groups, such as Yezidi and Sabean-Mandean MPs, stated they must have a role in their own security and requested government support to create armed groups from their own communities; others asked to join regular law enforcement units.  Other minority leaders in the Ninewa Plain expressed hope that the Ministry of Interior would hire minorities to serve in local police forces to absorb and replace the minority militias in the region.  Some leaders conducted recruitment drives to demonstrate the considerable interest among minority communities in joining police units, including among current members of minority militias; however, no local police positions were available at year’s end.

One of the remaining members of the Jewish community in Baghdad described the prevalence of anti-Semitic rhetoric from both Muslim and Christian leaders.  Although the sermons did not advocate for violence against the Jewish community, the community member expressed concern that more priests were including anti-Semitic rhetoric in their sermons, comparable to the anti-Semitic rhetoric often heard from some Muslims.  He presented pictures of the continued desecration of the Jewish cemetery in the Shia-majority Sadr City section of Baghdad.  The small community did not file any reports on the desecration with local authorities due to reported fear of retribution.  Despite Shia cleric Muqtada al-Sadr’s decision to speak out in favor of the return of Jews in a June 2 response to a follower’s question, the member of the Jewish community said Jews continued to avoid publicly self-identifying for fear of violence.

A group of IKR- and Ninewa Plain-based religious leaders from established apostolic Christian churches sent a letter to the IKR MERA director general of Christian affairs stating MERA made it too easy for new Christian groups to become established in the IKR.  The letter accused the newcomers of damaging the churches’ relationship with the Muslim community by proselytizing, and demanded MERA provide the names of adherents submitted by the new churches.  MERA refused to change the requirement for new churches to register but complied with the apostolic churches’ request to compile a list of adherents of evangelical and other Protestant churches.  Apostolic church leaders said the list would allow them to remove from their rolls the names of former members now attending other churches so the apostolic churches would not be blamed for any proselytizing performed by former members now belonging to evangelical or other Protestant churches.

NGOs continued to state constitutional provisions on freedom of religion should override laws banning the Baha’i Faith and the Wahhabi branch of Sunni Islam; however, during the year, there were no court challenges lodged to invalidate them and no legislation proposed to repeal them.  According to a December article on the website Al Monitor, Deputy Justice Minister Hussein al-Zuhairi stated during a dialogue with the Committee on the Elimination of Racial Discrimination that the Baha’i Faith was not a religion, emphasizing the government’s commitment to legislation prohibiting the Baha’i Faith.

The KRG and the central government continued to provide increased protection to Christian churches during the Easter and Christmas holidays.  Followers of the Baha’i and Yezidi faiths reported the KRG allowed them to observe their religious holidays and festivals without interference or intimidation.  Provincial governments also continued to designate these as religious holidays in their localities.

Government policy continued to require Islamic instruction in public schools, but non-Muslim students were not required to participate.  In most areas of the country, primary and secondary school curricula included three classes per week of Islamic education, including study of the Quran, as a graduation requirement for Muslim students.  Christian religious education was included in the curricula of at least 150 public schools in Baghdad, Ninewa, and Kirkuk.  Private Islamic religious schools continued to operate in the country, but had to obtain a license from the director general of private and public schools and pay annual fees.

In the IKR, private schools were required to pay a registration fee of 750,000 to 1.5 million dinars ($660 to $1,300) to the Ministry of Education or Ministry of Higher Education, depending on the type of school.  To register with the KRG, private schools needed to provide information on the school’s bylaws, number of students, size, location, facility and safety conditions, financial backing, and tax compliance, and undergo an inspection.  The Catholic University in Erbil continued to operate with full accreditation from the KRG Ministry of Higher Education and remained open to students of all faiths.

The government continued not to require non-Muslim students to participate in religious instruction in public schools, but some non-Muslim students reported pressure to do so from instructors and classmates.  Reports continued that some non-Muslim students felt obliged to participate because they could not leave the classroom during religious instruction.  Christian and Yezidi leaders outside the IKR reported continued discrimination in education and lack of minority input on school curricula and language of instruction.  By year’s end, schools still had not universally adopted the 2015 Ministry of Education curriculum incorporating lessons of religious tolerance.  Many Christians who spoke the Syriac language said it was their right to use and teach it to their children as a matter of religious freedom.  Seeking to establish private Christian schools, the Chaldean church in Basrah said local authorities mandated the inclusion of Islamic religious instruction in their curricula for Muslim students.

The KRG Ministry of Education continued to fund religious instruction in schools for Muslim and Christian students.  The ministry also continued to fund Syriac-language public elementary and secondary schools, which was intended to accommodate Christian students.  The curriculum did not contain religious or Quranic studies.  The KRG MERA and Ministry of Education partnered with Harvard University to develop a religious studies curriculum that would present information on all recognized faiths from a nonsectarian, academic perspective to replace the existing religion classes.  The curriculum was still under development at year’s end.

The central government extended by one year the contracts of several hundred Christian employees who faced violence in Baghdad in 2010.  They were allowed to relocate from the south to the IKR and transfer their government jobs from the central government to the KRG, while the central government continued to pay their salaries.

There were reports of KRG authorities discriminating against minorities, including Turkomans, Arabs, Yezidis, Shabaks, and Christians, in territories claimed by both the KRG and the central government in northern Iraq.  For example, courts rarely upheld Christians’ legal complaints against Kurds regarding land and property disputes.  The director general of Christian affairs in the KRG MERA said that of 59 long-pending property dispute cases between Christians and Kurds, the KRG courts had only ruled on five cases, although in four of the five they ruled in favor of Christian plaintiffs.  In one such case in the Nahla Valley area of Dohuk , a court sentenced Kurds convicted of taking Christian-owned land to a three-month suspended sentence, a token fine, and a requirement the Kurds make a written pledge they would not encroach on the land again.  The KRG MERA director general, however, said authorities made no attempt to follow up on the case, and some of the Kurds continued to occupy land the court ruled belonged to the Christian community.  A land dispute dating from 2003 when the KRG seized 11,000 hectares (27,000 acres) of farmland near Ankawa owned by 220 Christian farmers for the construction of the Erbil International Airport remained unresolved.

Christian leaders reported the KRG continued to provide land and financial support for construction of new and renovation of existing structures for use as educational facilities, although budget cuts halted some projects.  The KRG spent approximately 2.5 billion dinars ($2.2 million) on the construction of an Armenian Apostolic church in the Ankawa neighborhood of Erbil, and another 500 million dinars ($439,000) on a community center for the Assyrian Church of the East.  The KRG said in 2017 that it planned to allocate land for a Jewish cultural center in Erbil, a Baha’i religious and cultural center near Erbil, and a Zoroastrian temple in Sulaimaniya.  According to KRG MERA Director of Co-Existence Amir Othman, his ministry passed its recommendation for lands to the Ministry of Municipalities, which reviews such recommendations and allocates appropriate public land parcels, but by year’s end, no land had been allocated for any of the three projects.  The Zoroastrian representative in MERA said Ministry of Municipalities officials had refused to implement the government directives for religious reasons.

While there remained no legal bar to ministerial appointments for members of religious minorities, in practice there were few non-Muslims in the Council of Ministers (COM) or the KRG COM, a situation unchanged from the previous year.  Members of minority religious communities continued to hold senior positions in the national parliament and central government, although minority leaders said they were still underrepresented in government appointments, in elected positions outside the COR, and in public sector jobs, particularly at the provincial and local levels.  Minority leaders continued to say this underrepresentation limited minorities’ access to government-provided economic opportunities.  The Federal Supreme Court’s nine members included Sunni and Shia Muslims and one Christian.  Although there are no reliable statistics, minorities stated they believed they continued to be underrepresented in the ranks of police, senior military, and in intelligence and security services.

Some Sunni Muslims continued to speak about what they perceived as anti-Sunni discrimination by Shia government officials in retribution for the Sunnis’ favored status and abuses against Shia during the Saddam Hussein regime.  Sunnis said they continued to face discrimination in public sector employment as a result of de-Baathification, a process originally intended to target loyalists of the former regime.  Sunnis and local NGOs said the government continued the selective use of the de-Baathification provisions of the law to render many Sunnis ineligible for choice government positions, but it did not do so to render former Shia Baathists ineligible.  Some Sunnis said Sunnis were often passed over for choice government jobs or lucrative contracts from the Shia-dominated government because the Sunnis were allegedly accused of being Baathists who sympathized with ISIS ideology.

Although the IKP has 11 seats reserved for ethnic minority candidates, the law does not restrict who may vote in quota seat races.  Citing reports of Kurds voting for minority parties that align with major Kurdish parties, some members of the IKR’s minority voters said these votes undermined the intended purpose of the nine minority quota seats and diluted the voice of minorities in government.  Minority political party leaders said they were unsuccessful in their campaign to amend the law to restrict voting in quota seat races to voters of the same ethnicity of the candidate.

Human rights NGOs and Yezidi leaders stated KRG authorities discriminated against Yezidis by closing the Dohuk-Sinjar road and continuing to restrict commercial traffic after opening the road to passenger traffic in December.  Yezidi activists reported the deaths of several Yezidi women in Sinjar because of lack of access to medicine and medical care, primarily due to the road closure.  Since the October 2017 withdrawal of Peshmerga from the Sinjar area, it was possible, although not necessarily safe, to access Sinjar from central government-controlled areas.  KRG security forces, ISF, and the PMF had closed the road between the neighboring Christian towns of Telskuf and Batnaya, slowing the return of IDPs.  A local priest in Telskuf said KRG security forces refused requests from humanitarian organizations to pass through their roadblock to conduct relief and reconstruction work in Batnaya.  Authorities reopened the Telskuf-Batnaya road in October and the Dohuk-Sinjar road in December, but both roads remained closed to commercial traffic at year’s end.

Christians said they continued to face discrimination that limited their economic opportunities, such as “taxation” on their goods transported from Mosul into the Ninewa Plain by the PMF Shabak Brigade.  Sabean-Mandeans and Christians continued to report fear of importing and distributing alcohol and spirits despite receiving permits.  The legal ban on alcohol consumption by Muslims, according to local sources, prevented Muslim store owners from applying for permits allowing them to carry and sell alcohol.  Community sources reported Muslim businessmen sometimes used Christians as front men to apply for these permits and operate the stores.

On March 21, the tomb of a Kaka’i religious leader was destroyed by an explosion in Daquq, south of Kirkuk.  A local Kaka’i NGO said members of the PMF were responsible.

Kaka’i leaders said the central government’s Shia Endowment had forcibly taken over several places of Kaka’i worship in Kirkuk and converted them into mosques.

In observance of World Religion Day on January 21, the then speaker of parliament hosted 350 government officials, ethnic and religious leaders, and the international community in a celebration to urge interfaith dialogue and promote religious pluralism.  Although representatives from several religious minorities welcomed the event, they said it was unlikely discrimination against their communities would end anytime soon.

Mass graves containing victims of ISIS continued to be found.  According to KRG MERA’s Office of Yezidi Affairs, a total of 87 mass graves containing the bodies of over 2,500 Yezidis had been found in Sinjar District and other predominantly Yezidi areas of Ninewa Province since 2014.  On November 6, UNAMI and the United Nations Human Rights Office released a report documenting the existence of 202 mass graves in the provinces of Ninewa, Kirkuk, Salah al-Din, and Anbar and cautioned there may be “many more.”  The UN offices stated they believed the graves each held anywhere from eight to as many as “thousands” of bodies.  On November 6, UN High Commissioner for Human Rights Michelle Bachelet said, “These graves contain the remains of those mercilessly killed for not conforming to [ISIS’s] twisted ideology and rule, including ethnic and religious minorities.”  Estimates available to the UN ranged from 6,000 to more than 12,000 victims buried in these graves.

According to the KRG MERA director general of Christian affairs, ISIS abducted 150 Christians from the Batnaya, Qaraqosh, and Tal Kayf areas in 2014; their fate remained unclear at year’s end.

In April Syrian Democratic Forces in Raqqa, Syria rescued a young Christian woman kidnapped by ISIS in 2014 from Qaraqosh.  She said she was sold four times to different ISIS fighters, each of whom raped her and subjected her to torture and other forms of mistreatment.