Albania
Executive Summary
The constitution guarantees freedom of conscience and religion. It stipulates there is no official religion and the state is neutral in matters of belief, recognizes the equality and independence of religious groups, and prohibits discrimination based on religion. The government has distinct agreements with the Sunni Muslim and Bektashi communities, the Catholic and Orthodox Churches, and the Evangelical Brotherhood of Albania (VUSH), a Protestant umbrella organization. The agreements recognize each group as one of the country’s main faith communities and address property restitution and other arrangements. The law stipulates the government will give financial support to faith communities, but the government’s agreement with VUSH under the law does not specifically designate it to receive such funding. VUSH reported the government continued not to allocate funds to evangelical Christian churches, despite the State Committee on Religion’s advocacy on their behalf for financial support. The government legalized 92 buildings owned by religious groups during the year, compared with 164 in 2019, while the status of 32 additional properties remained under review. Corruption, lack of knowledge of competencies and jurisdiction on property cases, and large caseloads in the court system hampered religious communities’ ability to claim their property, according to numerous civil society sources. The AMC, Bektashi community, and the Orthodox Church continued to express concerns about property restitution, including provisions in the law that required them to resubmit their claims in a new forum. VUSH leaders reported continued difficulties in acquiring permission to construct places of worship as well as problems concerning municipal government fees. The Bektashi community and the Albanian Muslim Community (AMC, formerly translated as the Albanian Islamic Community) reported problems defending the title to certain properties. The AMC reported the government denied its application for a permit to build a new campus for Beder University, requested in early 2018. Prior to its October 28 online forum against anti-Semitism, parliament unanimously adopted the International Holocaust Remembrance Alliance’s definition of anti-Semitism.
Religious leaders expressed support for the government’s COVID-19 preventive measures, canceling gatherings, including for worship, for two months. The Interreligious Council, a forum for the country’s religious leaders to discuss shared concerns, held several online and in-person meetings domestically and internationally.
The U.S. embassy urged government officials to accelerate the property claims process and to return religious groups’ buildings and other property confiscated during the communist era. The COVID-19 pandemic slowed embassy-sponsored programs focused on developing community inclusivity, promoting women’s empowerment in religious communities, and emphasizing the compatibility of religious faith and democracy. The embassy continued its work with religious communities to discourage the appeal of violent extremism among young people. On November 5, the AMC launched another round of an embassy-sponsored project to develop critical thinking skills among young people and to encourage them to think about the relationship between democracy, society, and faith.
Section I. Religious Demography
The U.S. Government estimates the total population at 3.1 million (midyear 2020 estimate). According to the most recent census conducted in 2011, Sunni Muslims constitute nearly 57 percent of the population, Roman Catholics 10 percent, members of the Autocephalous Orthodox Church of Albania nearly 7 percent, and members of the Bektashi Order (a form of Shia Sufism) 2 percent. Other groups include Protestant denominations, Baha’is, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints, and a small Jewish community. Nearly 20 percent of respondents declined to answer an optional census question about religious affiliation.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution states there is no official religion, recognizes the equality of all religious communities, and articulates the state’s duty to respect and protect religious coexistence. It declares the state’s neutrality in questions of belief and recognizes the independence of religious groups. According to the constitution, relations between the state and religious groups are regulated by agreements between these groups and the Council of Ministers and ratified by the parliament.
The constitution prohibits religious discrimination and guarantees freedom of conscience, religion, and free expression. It affirms the freedom of all individuals to choose or change religion or beliefs and to express them individually or collectively, in public or in private. The constitution states individuals may not be compelled to participate in or be excluded from participating in a religious community or its practices, nor may they be compelled to make their beliefs or faith public or be prohibited from doing so. It prohibits political parties and other organizations whose programs incite or support religious hatred. The criminal code prohibits interference in an individual’s ability to practice a religion, and it prescribes punishments of up to three years in prison for obstructing the activities of religious organizations or for willfully destroying objects or buildings of religious value.
By law, the Office of the Commissioner for Protection from Discrimination receives and processes discrimination complaints, including those concerning religious practice. The law specifies that the State Committee on Religion, under the authority of the Office of the Prime Minister, regulates relations between the government and religious groups, protects freedom of religion, and promotes interfaith cooperation and understanding.
The government has agreements with the Sunni Muslim and Bektashi communities, the Catholic and Orthodox Churches, and VUSH. These bilateral agreements codify arrangements pertaining to official recognition, property restitution, tax exemptions on income, donations and religious property, and exemption from submitting accounting records for religious activities. A legal provision enacted in 2009 directs the government to provide financial support to the four religious communities with which it had agreements at the time. This provision of the law does not include VUSH, whose agreement with the government dates from 2011. There is no provision of the law to provide VUSH with financial support from the government.
Religious communities must take claims for restitution of and compensation for property confiscated by the communist government to court, as must all other claimants.
The law allows religious communities to operate educational institutions as well as build and manage religious cemeteries on land the communities own.
Public schools are secular, and the law prohibits instruction in the tenets of a specific religion. The law allows the teaching of the history of religion or comparative religions as part of a humanities curriculum. Private schools may offer religious instruction. Religious communities manage 113 educational institutions, including universities, primary and secondary schools, preschools, kindergartens, vocational schools, and orphanages. By law, the Ministry of Education, Youth, and Sport must license these institutions, and nonreligious curricula must comply with national education standards. Catholic, Muslim, Orthodox, and VUSH communities operated numerous state-licensed kindergartens, schools, and universities. Most of these do not have mandatory religion classes but offer them as an elective. The AMC runs four madrassahs that teach religion in addition to the state-sponsored curriculum.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The government continued the process of legalizing unofficial mosques, Catholic and Orthodox churches, and tekkes (Bektashi centers of worship) built after the fall of communism in the early 1990s. The newly established State Agency of the Cadaster – the official register showing quantity, value, and ownership of real estate – reported that during the year, it legalized 92 religious buildings, including 22 Catholic churches and other buildings of the Catholic church, 58 mosques and other buildings of the Muslim community, four Orthodox churches, and seven tekkes. Thirty-two other buildings remained under review. There were some discrepancies between the figures reported by the Cadaster and those of the religious communities. The AMC reported it obtained legalization papers for 27 mosques out of 353 applications remaining. The Orthodox Church reported the Cadaster legalized four of 15 buildings during the year for which the Church had petitioned. The AMC reported it received 1.26 million leks ($12,600) in compensation for unlawful buildings constructed on its property.
Religious communities expressed concern over the Cadaster, stating the bureaucratic process for legalizing property produced delays, including numerous requests for documents and statements from the Cadaster that it could not locate files.
The AMC again expressed concern that the Cadaster gave it title only to buildings and not to the land on which they were built.
In 2019, the Agency for the Treatment of Property, which adjudicated claims for restitution for property confiscated by the communist government, ceded jurisdiction on outstanding cases to the court system, as required by law. At that time, 401 cases related to religious communities were pending. The shift in jurisdiction required petitioners, including religious communities, to pursue their claims in court. The AMC, the Bektashi community, and the Orthodox Church continued to express concerns about court proceedings, which required them to begin their claims again in a new forum.
According to numerous civil society and other sources, corruption, lack of knowledge of competencies and jurisdiction over property cases, and large caseloads in the court system hampered religious communities’ ability to advance claims to their property. Thousands of cases were with the Supreme Court, which was replenishing its quorum with judges who passed a comprehensive vetting process; lacking a quorum, the Supreme Court was unable to decide cases. The Orthodox Church reported it had outstanding claims on 890 properties. The AMC reported that since 2016, it had submitted approximately 500 applications dealing with approximately 23,000 hectares (57,000 acres) of property and was pursuing 15 legal cases. The AMC reported there were four judgments in its favor providing compensation that had not yet been paid. The Catholic Church reported four cases, two of which had not yet had a first hearing.
The AMC reported the Municipality of Tirana rejected a permit to build a main campus building for Beder University, for which it had applied in early 2018 to save funds spent on renting the university’s current facilities. The municipality concluded the construction would block the view of oncoming traffic.
The Bektashi community stated the State Advocate, which represents the government in court, unfairly challenged title to property in Ksamil. The claim for the Ksamil property has been in the court system since 2015.
VUSH reported it asked the government in March 2017 for land to build a main church similar to the main cathedrals and mosques of other faith communities, but the government had not responded by year’s end.
VUSH reported it continued to have problems registering the property of one of its churches with the local registration office in Korca. VUSH also stated the Tirana municipal government unlawfully issued a permit for construction of residential and commercial buildings on VUSH land but did not issue permission to VUSH to build on its own land. VUSH also reported one of its churches in Tirana that was damaged by the 2019 earthquake would be demolished. The local government informed the church it would not be able to occupy space in the new building because the government could not subsidize churches.
Leaders of the five main religious groups continued to express concern over a pilot project curriculum for teaching religion as part of the humanities curriculum for sixth and 10th grade students, which was introduced in 2016 but put on hold. The groups stated they did not participate in the drafting and were never informed about the results of the piloting stage or post-pilot plans for the project. State authorities explained that religious communities would be able to provide input before the project resumes.
The State Committee on Religion and the AMC expressed concern the government continued not to recognize diplomas in theology and religious studies received from foreign institutions.
The Catholic, Sunni Muslim, Orthodox, and Bektashi communities reported their total government financial support was 109 million leks ($1.09 million), a sum that has not changed since 2015. The Sunni Muslim community received approximately 32 million leks ($319,000), while the remaining three communities each continued to receive approximately 26 million leks ($259,000). The communities continued to use the funds to cover part of the salaries for administrative and educational staff. The Bektashi community used part of the funds to pay part of the wages of its staff. It used the rest to build the Grand Tekke of Elbasan and for raising awareness of the Bektashi community overseas.
VUSH reported it had not obtained a formal written agreement with the government on receiving financial support, although in 2018, the State Committee on Religion had provided a written commitment to advocate for extending financial support to VUSH.
Religious communities faced financial problems during the year due to COVID-19 containment measures, which they urged members of their communities to follow. They reported the government did not respond to individual or collective requests through the Interreligious Council regarding additional financial support during the lockdown, which lasted from March 11 to June 11.
The Council of Ministers did not finish adopting regulations to implement a 2017 law providing additional protection for minority rights, including freedom of religion. The Orthodox Church raised its concerns over the missing regulations, particularly in the south of the country, home to many members of the Orthodox faith.
A State Committee on Religion census of religious organizations conducted in 2017 and updated continuously thereafter counted 195 organizations, 174 of which were evangelical organizations. The AMC has one organization, the Orthodox Church has four, and the Catholic Church has 16. The government postponed the 2020 population census to 2021 due to the COVID-19 pandemic. Religious communities said the government consulted them in the initial phase of drafting census legislation but not during the final stages of refining the law. They expressed concern that this would reduce their groups’ reported numerical strength within the country, with a corresponding reduction in representation and government support.
As the Chairperson-in-Office of the Organization for Security and Cooperation in Europe (OSCE) in 2020, Prime Minister Edi Rama hosted a conference on combating anti-Semitism on February 4-5 in Tirana. On October 28, parliament held an online forum on combating anti-Semitism. Prior to the forum, parliament unanimously adopted the International Holocaust Remembrance Alliance’s definition of anti-Semitism.
Section III. Status of Societal Respect for Religious Freedom
Due to financial constraints, including a drop in donations as a result of the closure of religious services during the pandemic, the AMC closed two madrassahs.
Religious leaders expressed support for the government’s COVID-19 preventive measures. In March, when the government implemented a lockdown, religious communities cancelled gatherings, including religious services, for two months. The Interreligious Council held several online and in person meetings domestically and internationally.
On November 5, the AMC launched the fourth version of a project to promote critical thinking in young people and discuss the relationships between democracy, faith, and society. The project focused on communities that had sent individuals to fight in Syria.
The Interreligious Council provided books and other donations to children living in areas affected by the 2019 earthquake.
Section IV. U.S. Government Policy and Engagement
In meetings with the State Committee on Religion, embassy officers continued to urge the government to accelerate its handling of religious property claims and to restore to religious groups their property confiscated during the communist era.
The COVID-19 pandemic slowed embassy-sponsored programs focused on developing community inclusivity, promoting women’s empowerment in religious communities, and emphasizing the compatibility of religious faith and democracy. The embassy, however, continued its youth education programs and work with religious communities to decrease the appeal of violent extremism. As part of these programs, students at Islamic, Catholic, and Orthodox religious schools and students from public schools planned and carried out projects highlighting religious diversity and tolerance, focusing on youth activism and common civic values. Another embassy program focusing on schools as community centers expanded into six additional communities, promoting tolerance through partnerships with local schools, regional education directorates, municipalities, and law enforcement bodies. The success of the program’s two pilot locations led to its expansion into the six additional ones.
On November 5, the AMC launched another round of an embassy-sponsored project to develop critical thinking skills among young people and to encourage them to think about the relationship between democracy, society, and faith.
Area Administered by Turkish Cypriots
Read A Section: Area Administered By Turkish Cypriots
Republic of Cyprus
Since 1974, the southern part of Cyprus has been under the control of the government of the Republic of Cyprus. The northern part, administered by Turkish Cypriots, proclaimed itself the “Turkish Republic of Northern Cyprus” (“TRNC”) in 1983. The United States does not recognize the “TRNC,” nor does any country other than Turkey. A substantial number of Turkish troops remain on the island. A “green line,” or buffer zone (which is over 110 miles long and several miles wide in places) patrolled by the UN Peacekeeping Force in Cyprus (UNFICYP), separates the two parts. This report is divided into two parts: the Republic of Cyprus and the area administered by Turkish Cypriots. For areas in the north that have different Greek and Turkish names, both are listed (e.g., Kormakitis/Korucam).
Executive Summary
The Turkish Cypriot “constitution” refers to the “state” as secular and provides for freedom of religious faith and worship consistent with public order and morals. It prohibits forced participation in worship and religious services and stipulates religious education may be conducted only under “state” supervision. The “constitution” grants the Vakf the exclusive right to regulate its internal affairs. Turkish Cypriot authorities continued to grant improved access to Greek Orthodox religious sites, although visits declined due to the COVID-19 pandemic. The “Ministry of Foreign Affairs (MFA)” said during the year it approved 26 of 31 requests to hold religious services during the year, compared with 156 of 203 requests in 2019. The “MFA” reported that no requests were made for religious services after March 12 due to COVID-19 mitigation measures. Turkish-Speaking Protestant Associations (TSPA) representatives continued to report police surveillance of their activities. According to Greek Orthodox representatives, police monitored their church services. They reported plainclothes police officers present during services checked priests’ identification and monitored the congregation.
The TSPA said Turkish Cypriots who converted to other faiths often experienced societal criticism. The TCCH reported completing conservation and structural support to five churches and the walls of Nicosia’s historic city center. Mufti of Cyprus Atalay and Church of Cyprus Archbishop Chrysostomos II continued to meet virtually throughout the year. Their representatives continued to meet in-person in the buffer zone in accordance with COVID-19 mitigation protocols.
Embassy officials continued engagement with the office of the Mufti of Cyprus, who was also head of the “Religious Affairs Department,” by telephone and virtually to discuss cooperation among religious leaders and access to religious sites. Embassy officials met with representatives of the “MFA” and the Vakf to discuss unrestricted access to religious sites. Embassy officials continued to meet with leaders from the Sunni and Alevi Muslim, Armenian and Greek Orthodox, Maronite, Roman Catholic, and Protestant communities to discuss access to religious sites and instances of religious-based discrimination.
Section I. Religious Demography
According to 2011 census information, the most recent available from Turkish Cypriot authorities, the population of the area administered by Turkish Cypriots is 286,000. The census contains no data on religious affiliation. Sociologists estimate as much as 97 percent of the population is Sunni Muslim. The Alevi Culture Association estimates that approximately 10,000 immigrants of Turkish, Kurdish, and Arab origin and their descendants are Alevi Muslims. The TSPA estimates there are 1,000 Turkish-speaking Protestants. The government of the Republic of Cyprus estimates 351 members of the Church of Cyprus and 308 Maronite Catholics reside in the area administered by Turkish Cypriots. According to sociologists, other groups include the Russian Orthodox, Anglican, Baha’i, Jewish, and Jehovah’s Witness communities. According to “Ministry of Education (MOE)” statistics for the 2020-21 academic year, there were approximately 80,000 foreign students enrolled at universities in the area administered by Turkish Cypriots. In November, authorities announced 37,000 of these students were no longer present in the north due to the pandemic, many having returned to their home countries to continue their education online. Of these, 60 percent were Muslim Turks and the rest were predominantly Christians and Muslims from more than 140 countries.
Section II. Status of “Government” Respect for Religious Freedom
Legal Framework
The Turkish Cypriot “constitution” states the territory is a “secular republic” and provides for freedom of conscience and religious faith and unrestricted worship and religious ceremonies, provided they do not contravene public order or morals. It prohibits forced prayer, forced attendance at religious services, condemnation based on religious beliefs, and compelling individuals to disclose their religious beliefs. It stipulates religious education requires “state” approval and may only be conducted under “state” supervision, but the “law” allows summer religious knowledge courses to be taught in mosques without “MOE” approval. The “law” does not recognize exclusively any specific religion, and individuals cannot “exploit or abuse” religion to establish, even partially, a “state” based on religious precepts or for political or personal gain.
According to the “constitution,” the Vakf has the exclusive right to regulate and administer its internal affairs and property in accordance with Vakf laws and principles. Although the “constitution” states the Vakf shall be exempt from all taxation, its commercial operations are subject to applicable taxes. The “constitution” does not explicitly recognize religious groups other than the Vakf. According to the “constitution,” Turkish Cypriot authorities shall help the Vakf in the execution of Islamic religious services and in meeting the expenses of such services. No other religious organization is tax exempt or receives subsidies from Turkish Cypriot authorities.
The 1975 Vienna III Agreement covers the treatment of Greek Cypriots and Maronite Catholics living in the area administered by Turkish Cypriots and the treatment of Turkish Cypriots living in the government-controlled area. Among other provisions, the agreement provides for facilities for religious worship for Greek Cypriots. The agreement states they are free to stay and “will be given every help to lead a normal life, including facilities for education and for the practice of their religion.”
Turkish Cypriot “regulations” stipulate Greek Orthodox residents may conduct liturgies or masses led by two priests designated by the Orthodox Church at three designated functional churches in the Karpas Peninsula without advance notification or permission: Agia Triada Church in Agia Triada/Sipahi, Agia Triada Church in Rizokarpaso/Dipkarpaz, and Agios Synesios Church in Rizokarpaso/Dipkarpaz. According to the “MFA,” Maronite Catholic residents may hold liturgies or masses led by Maronite-designated clergy without seeking permission at three designated functional Maronite churches: Agios Georgios Church in Kormakitis/Korucam, Timios Stavros Church in Karpasia/Karpasa, and Panagia Church in Kampyli/Hisarkoy.
Greek Orthodox, Maronite Catholic, and Armenian Orthodox worshippers must submit applications to authorities for permission to hold religious services at churches or monasteries other than the six designated churches, including at restored religious heritage sites. For authorities to consider an application, the date should be of significance to that religious group; the church or monastery must be structurally sound and not be located in a military zone, with exceptions for some Maronite churches; it must not have a dual use, for example, as a museum; there should be no complaints from local Turkish Cypriot residents; and police must be available to provide security. Permission is also necessary for priests other than those who were officially predesignated to conduct services. Specific permission is required for individuals who do not reside in the Turkish Cypriot-administered area, including members of the Greek Orthodox, Maronite Catholic, and Armenian Orthodox Churches, to participate. UNFICYP coordinates these applications, which religious groups must submit 10 days before the date of the requested service.
The Mufti heads the “Religious Affairs Department” in the “Prime Minister’s Office,” which represents Islam in the area administered by Turkish Cypriots and functions as a civil authority. Whereas the Vakf manages Muslim-donated property as an endowment for charitable purposes, the “Religious Affairs Department” oversees how imams conduct prayers and deliver Friday sermons in mosques.
Religious groups are not required to register with authorities as associations to assemble or worship, but only associations registered with the “Ministry of Interior (MOI)” have the right to engage in commercial activity and maintain bank accounts. Religious and nonreligious groups have the same registration process, and they are required to submit the founders’ names and photocopies of their identification cards to the “MOI” along with a copy of the association’s rules and regulations. Associations do not receive tax-exempt status or any “government” benefits or subsidies. Religious groups are not permitted to register as associations if the stated purpose of the association is to provide religious education to their members.
There is mandatory religious instruction in grades four through eight in all schools, public and private. These classes focus primarily on Sunni Islam but also include sessions on comparative religion. The “MOE” chooses the curriculum, which is based on a textbook commissioned by the Ministry of Education in Turkey. Students may opt out of mandatory religion courses in grades six through eight. At the high school level, religion classes are optional.
There are no provisions or “laws” allowing conscientious objection to mandatory military service, which requires a 12 to 15-month initial service period and one-day annual reserve duty. The penalty for refusing to complete mandatory military service is up to three years’ imprisonment, a fine of up to 10,800 Turkish lira ($1,500), or both. “Government” Practices
“Government” Practices
The TSPA reported police continued to monitor its activities, asking specific questions about TSPA members and ceremonies.
Three Greek Orthodox churches, Apostolos Andreas, St. Barnabas, and St. Mamas Churches, were again open for individual prayers throughout the year, but Turkish Cypriot authorities continued to require advance notification for religious services. While St. Mamas and St. Barnabas Churches functioned as museums and were only open during working hours, individuals could still go to the churches to pray during those hours. The “MFA” reported that due to the COVID-19 pandemic, no additional Greek Orthodox churches were reopened for services for the first time since 1974.
According to statistics reported by the “MFA,” authorities continued to grant access to Greek Orthodox places of worship. UNFICYP reported the “MFA” approved 15 of 18 requests it received to facilitate religious services at churches in the northern part of the island during the year, compared with 83 approvals of 129 requests in 2019. The “MFA” reported it approved 26 of 31 total requests (including both UNFICYP-facilitated requests and requests submitted directly to the “MFA”) to hold religious services compared with 156 of 203 total requests in 2019. The “MFA” reported that since March 12, no requests were made for religious services due to COVID-19 restrictions.
A Greek Orthodox representative stated 63 religious sites remained inaccessible due to their being located within Turkish military zones or the buffer zone.
A Maronite community representative said the Turkish military continued to restrict access to the Church of Archangelos Michael in the village of Asomatos/Ozhan. Maronite representatives continued to report being required to submit a list of persons planning to attend Sunday services by the preceding Tuesday. The “MFA” said this was because the Church of Archangelos Michael is located within a military zone. The “MFA” said it required only advance notification, not a request for access, to hold Sunday services and that no one was refused admittance during the year. According to the “MFA,” the Turkish military again allowed Maronites to celebrate Mass in Ayia Marina in January and February and denied Maronites access to the Church of Marki near Kormakitis/Korucam.
As a result of a UN Development Program- and TCCH-facilitated tender, restoration and maintenance work began at the Armenian Sourp Magar Monastery during the year. Completion was expected in 2021.
According to local press reports, the Turkish government provided significant aid to Sunni Islam activities in the in the area administered by Turkish Cypriots.
Secular Turkish Cypriot groups and teachers’ unions continued to criticize a protocol with Turkey announced by the “MOE” in 2019 to open the Anatolia Religious High School within the premises of Hala Sultan Religious High School, a public school. They said the protocol imposed Islam on secular Turkish Cypriots. The Secondary Education Teachers’ Union reported that the Hala Sultan Religious High School administration and the “MOE” enrolled 200 students in the school without the usually required entrance exams.
The Alevi Culture Association reported their children were subject to mandatory Sunni Islam religious instruction at school and could not opt out.
The “Religious Affairs Department” continued to appoint and fund all 225 imams at the 210 Sunni mosques in the northern part of the island.
A representative of the Church of Cyprus again stated some religious sites, to which Church officials had little or no access, were deteriorating. The TCCH reported the completion of work to support the exterior structures of St. James Church and St. George Church, both located in the buffer zone, during the year.
Greek Orthodox religious groups continued to state authorities placed religious items, including icons, in storage rooms or displayed them in museums against the wishes of the communities to whom they were sacred.
According to Greek Orthodox representatives, police monitored their church services. They reported plainclothes police officers were present during services checking priests’ identification and monitoring the congregation.
Section III. Status of Societal Respect for Religious Freedom
The TSPA continued to report societal discrimination toward Protestants, including verbal harassment. The TSPA again said Turkish Cypriots who converted to other faiths, particularly Christianity, faced societal criticism and feared losing their jobs. The TSPA continued to report many members preferred to remain silent about their faiths and beliefs. The TSPA also reported police continued to closely monitor its activities and occasionally visited representatives to inquire about church activities and attendance levels.
Muslim and Orthodox religious leaders continued to promote religious tolerance by meeting and arranging pilgrimages for their congregations to places of worship across the “green line,” primarily before the start of the COVID-19 pandemic in mid-March. These included the Hala Sultan Tekke Mosque in the government-controlled area and St. Barnabas Church in the area administered by Turkish Cypriots. After March, there were few pilgrimages and meetings across the “green line” due to pandemic mitigation measures.
The TCCH reported it had completed restoration of five religious heritage sites: structural support at Agios Georgios Church in Nicosia; structural support at St Jacob Church in Nicosia; conservation work at Agios Sergios Church in Agios Sergios/Yeni Bogazici, Vakhos Church in Famagusta, and Archangelos Michael Church in Yialousa/Yeni Erenkoy.
The TCCH also continued restoring four other religious sites. It and the UN Development Program Partnership for the Future also continued restoration work on the Greek Orthodox Apostolos Andreas Monastery on the Karpas Peninsula, a popular destination for pilgrims. The TCCH reported preparations for initiating the tendering process for the second phase of the restoration.
The “Religious Affairs Department” announced it suspended personnel involved in the 2019 attempted theft of two church bells and five chandeliers from the Selimiye Mosque (formerly the Agia Sophia Cathedral) and recovered all the items. After a completed police investigation, the accused were awaiting trial at year’s end.
Section IV. U.S. Government Policy and Engagement
Embassy officials continued to engage with the office of the Mufti of Cyprus, who also heads the “Religious Affairs Department,” by telephone and virtually to discuss cooperation among religious leaders and access to religious sites. The embassy promoted religious freedom on social media and met with representatives of the “MFA” and the Vakf to discuss unrestricted access to religious sites. Embassy officials continued to meet with leaders from the Sunni and Alevi Muslim, Armenian and Greek Orthodox, Maronite, Roman Catholic, and Protestant communities to discuss access to religious sites and instances of religious-based discrimination.
All references to place names within this report are for reference purposes only and are meant to convey meaning. They should not be interpreted as implying or indicating any political recognition or change in longstanding U.S. policy.
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Republic of Cyprus
Armenia
Executive Summary
The constitution states that everyone has freedom of thought, conscience, and religion. It recognizes the Armenian Apostolic Church (AAC) as the national church and preserver of national identity but also establishes separation of “religious organizations” and the state. The law prohibits, but does not define, proselytism, which may be interpreted as forced conversion. The trial continued of a prominent Baha’i lawyer, charged in 2017 with organizing illegal migration to the country. Baha’i community members said they believed the charges were brought because of his religion. On February 18, the Constitutional Court ruled as unconstitutional the blanket restriction on religious membership among law enforcement in the Law on Police Service. Following the ruling, a police officer dismissed in 2018 for his religious affiliation was reinstated in his position. Societal debate continued concerning government plans to review the public school curriculum on the history of the Armenian Church, which was in progress at the end of the year. During 44 days of intensive fighting from September 27 to November 10 in and around Nagorno-Karabakh involving Armenia, Armenia-supported separatists, and Azerbaijan, significant casualties and atrocities were reported by all sides. After Azerbaijan, with Turkish support, reestablished control over four surrounding territories controlled by separatists since 1994, a Russian-brokered ceasefire arrangement announced by Azerbaijan and Armenia on November 9 resulted in the peaceful transfer of control over three additional territories to Azerbaijan as well as the introduction of Russian peacekeepers to the region. During the hostilities, the government declared martial law, under which restrictions were imposed on freedoms of expression, assembly, and movement. Most of the restrictions were lifted December 2. In the territories previously controlled by Armenia-supported separatists, numerous incidents of neglect, destruction, and desecration of religious sites were reported. The Azerbaijani government stated 63 of the 67 mosques in these territories had been destroyed. It was unknown how many were damaged during earlier hostilities in the Nagorno-Karabakh conflict as a result of neglect, or due to intentional damage. Some mosques were reportedly used to house livestock, including pigs. International journalists visiting these territories following the fall fighting confirmed the destruction of Muslim graves and graveyards while under Armenia-supported separatist control.
Religious minorities said they continued to face hate speech and negative portrayals of their communities, especially in social media, although many reported a decrease in negative commentaries in mid-November after the end of intensive fighting between Armenia and Azerbaijan. According to observers, anti-Semitism increased in the country after Israeli-supplied weapons were used by Azerbaijan during the conflict. The Holocaust and Genocide Memorial – a memorial in downtown Yerevan marking the Holocaust and mass killing of more than one million Armenians by Ottoman Turkey – was vandalized on two occasions under unknown circumstances. According to Jehovah’s Witnesses, there were no instances of verbal harassment towards the group’s members during the year. One other minority religious group that preferred not to be identified reported a single incident of harassment during the year. Sources stated that societal and family pressure remained a major deterrent for ethnic Armenians to practice a religion other than the Armenian Apostolic faith.
The U.S. Ambassador and other embassy officials continued to promote religious tolerance, respect for religious minorities, and interfaith dialogue during meetings with government officials. The Ambassador and other embassy officials regularly consulted with minority religious groups, including evangelical Christians and other Protestants, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), Yezidis, the Jewish community, Apostolic Assyrians, Pentecostals, and Baha’is, as well as with individual members of the Muslim community, to discuss the state of religious freedom in the country. Embassy officials engaged government officials and civil society representatives to discuss the impact of the Nagorno-Karabakh conflict on religious groups and religious sites of significance to Armenian communities.
Section I. Religious Demography
The U.S. government estimates the total population at 3.0 million (midyear 2020 estimate). According to the 2011 census, approximately 92 percent of the population identifies as Armenian Apostolic. Other religious groups include Roman Catholics; Armenian Uniate (Mekhitarist) Catholics; Orthodox Christians; and evangelical Christians, including Armenian Evangelical Church adherents, Pentecostals, Seventh-day Adventists, Baptists, charismatic Christians, and Jehovah’s Witnesses. There are also followers of the Church of Jesus Christ and of the Holy Apostolic Catholic Assyrian Church of the East; Molokan Christians; Yezidis; Jews; Baha’is; Shia Muslims; Sunni Muslims; and pagans, who are adherents to a pre-Christian faith. According to an International Republican Institute (IRI) poll released in December 2019, 97 percent of the country’s population identifies as Armenian Apostolic, 2 percent other, and 1 percent none. According to members of the Jewish community, there are approximately 800 to 1,000 Jews in the country.
According to the country’s 2011 census, there are more than 35,000 Yezidis, with some more recent estimates suggesting approximately 50,000. Yezidis are concentrated primarily in agricultural areas northwest of Yerevan around Mount Aragats. Armenian Uniate Catholics live primarily in the north. Most Muslims are Shia, including Iranians and temporary residents from the Middle East.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution states everyone shall have the right to freedom of thought, conscience, and religion. This right includes the freedom to change one’s religion or beliefs and the freedom to manifest religion or belief in rituals of worship, such as preaching or church ceremonies, either alone or in community with others, in public or in private. The constitution allows restrictions on this right to protect state security, public order, health and morals, or the fundamental rights and freedoms of others. The constitution establishes separation of “religious organizations” and the state. It recognizes the “exclusive mission of the Armenian Apostolic Church” as the national church in the “spiritual life, development of the national culture, and preservation of the national identity of the people of Armenia.” The constitution prohibits the exercise of fundamental rights and freedoms to incite religious hatred.
The law prohibits, but does not define, “soul hunting,” a term describing both proselytism and forced conversion. The law prohibits religious organizations with spiritual centers located outside the country from receiving funding from those foreign centers, but there is no mechanism to enforce the law. The law also prohibits religious organizations from funding or being funded by political parties.
The law does not categorize or regulate the residence status of foreign religious volunteers.
By law, a registered religious group may minister to the religious and spiritual needs of its faithful; perform religious liturgies, rites, and ceremonies; establish groups for religious instruction; engage in theological, religious, historical, and cultural studies; train members for the clergy or for scientific and pedagogical purposes; obtain and utilize objects and materials of religious significance; use media; establish ties with religious organizations in other countries; and engage in charity. The law does not require religious groups to register, but they must do so to conduct business in their own name (e.g., to own property, rent property, and establish bank accounts). The law does not stipulate rights accorded to unregistered groups.
To register as a legal entity, a religious community must present to the Office of the State Registrar an assessment from the Division of Religious Affairs and National Minorities stating its expert opinion whether the community complies with the requirements of the law that it be based on “historically recognized holy scripture.” It also must be “free from materialism and [be] of a spiritual nature,” have at least 200 adult members, and follow a doctrine espoused by a member of the “international modern system” of religious communities. The law does not define “free from materialism” or state which religious communities are part of the “international modern system.” The law specifies that this list of registration requirements, to which the Division of Religious Affairs and National Minorities must attest, does not apply to a religious organization based on the faith of one of the groups recognized as national minorities, including Assyrians, Kurds, Russians, and Yezidis, among others. A religious community may appeal a decision by the Office of the State Registrar through the courts.
The criminal code prohibits “obstruction of the right to exercise freedom of religion” and prescribes punishment ranging from fines of up to 200,000 drams ($390) to detention for up to two months.
The Office of the Human Rights Defender (ombudsman) has a mandate to address violations of human rights and fundamental freedoms, including the freedom of religion, committed by officials of state and local governments.
The penitentiary code allows penal institutions to invite clergy members to conduct religious ceremonies and use religious objects and literature. Prisoners may request spiritual assistance from the religious group of their choice. A joint Ministry of Defense-AAC agreement allows only AAC clergy to serve as military chaplains.
The law allows the AAC free access and the right to station representatives in hospitals, orphanages, boarding schools, military units, and places of detention, while other religious groups may have representatives in these locations only with permission from the head of the institution. The law also stipulates the state will not interfere with the AAC’s exclusive right to preach freely and spread its beliefs throughout the entire territory of the country.
The law mandates public education be secular and states, “Religious activity and preaching in public educational institutions is prohibited,” with the exception of cases provided for by law. While adding a course in the history of the Armenian Church (HAC) in a public or private school is optional, once a school chooses to do so, the course becomes mandatory for all students in grades five to 11; there is no opt-out provision for students or their parents.
The AAC has the right to participate in the development of the syllabi and textbooks for the HAC course and to define the qualifications of the teachers. While the Church may nominate candidates to teach the course, HAC teachers are state employees. The law grants the AAC the right to organize voluntary extracurricular religious instruction classes in state educational institutions. Other religious groups may provide religious instruction to their members in their own facilities but not within the premises of state educational institutions.
The labor code prohibits employers from collecting and analyzing data on the religious views of employees. Changes to the labor code, adopted by the National Assembly on June 2, authorize up to four days of unpaid leave for observing national and religious holidays or remembrance days, regardless of religious affiliation.
The law provides for two types of service for conscientious objectors as an alternative to compulsory, two-year military service: alternative (noncombat) military service for 30 months or alternative labor service for 36 months. Evasion of alternative service is a criminal offense. Penalties range from two months detention to eight years imprisonment, depending on the circumstances of the case.
The criminal code prohibits incitement of religious hatred calling for violence through public statements, mass media, or using one’s public position and prescribes punishments ranging from fines of 200,000 to 500,000 drams ($390 to $970) to prison terms of between three and six years.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
During the year, Edward Manasyan, a prominent member of the Baha’i community, continued to face 2017 charges of facilitating illegal migration to the country by advising Iranians wishing to settle in the country. He was held in pretrial detention for eight months before the trial court judge released him on bail in 2018. On July 17, the Court of Appeals rejected two of the 2019 appeals filed by the Baha’i community against the NSS in connection with concerns over surveillance of Baha’i community members preceding Manasyan’s arrest. The Baha’i appeal stated the NSS illegally used wiretaps to surveil the community’s office as well as the community secretary and used the information gathered as the basis to charge Manasyan. The community’s appeal of these decisions with the Court of Cassation remained pending by year’s end. At year’s end, Manasyan’s trial was also ongoing.
According to sources, throughout the year, Narek Malyan, the founder of the initiative Veto, and his supporters continued to harass the Yezidi Center for Human Rights and its founder, Sashik Sultanyan, as part of their broader online campaign of harassment of Open Society Foundations-Armenia, a donor organization of the Yezidi Center for Human Rights. On September 8, Malyan stated he applied to the NSS to launch a criminal case against Sultanyan, accusing him of inciting national religious enmity, based on an interview Sultanyan gave to an Iraqi-based media outlet in which he discussed the issues faced by the Yezidi community in the country. The NSS launched a criminal case based on what civil society organizations called a fake and baseless accusation. While authorities did not charge Sultanyan as a defendant in the case, according to civil society, at year’s end, the NSS continued to investigate him and the Yezidi Center for Human Rights, hindering the organization’s activities and harassing those affiliated with the NGO.
Most public and private schools continued to teach HAC courses throughout the country in grades five through 11.
Yezidi community representatives again reported dissatisfaction with the mandatory HAC course, terming it “religious indoctrination.” While schools with an all-Yezidi student body were able to remove the course from their curriculum, Yezidi children who attended schools with a mixed student body were obliged to take the course, regardless of parental objections. There were anecdotal reports again stating that at least one public school in Yerevan and two public schools in Yezidi villages did not teach the course.
Several non-AAC religious groups again said they did not object to the inclusion of the HAC course in public schools, although some objected to the prayers and making the signs of the cross that reportedly occurred during the classes, and they said they would like to see a more accurate portrayal of religious groups other than the AAC. One Christian group stated that while religious education was important, it should include “all religions that are traditional to Armenia.”
NGOs, other religious organizations, atheists, and nonpracticing members of the AAC continued to publicly voice concerns about what they stated were elements of religious indoctrination contained in the HAC course as well as material equating AAC affiliation with national identity.
In June, the government’s announced plans to remove HAC courses from the mandatory school curriculum, generating public debate. While many individuals, including parents, teachers, and AAC clergy, said the course helped to develop a value system based on Armenian identity, others said schools should remain secular and moral values could be developed outside the HAC course. At year’s end, sources stated that a major rethinking of the entire school curriculum by the government remained in process.
The NGO Eurasia Partnership Foundation again stated its concerns about the existing HAC course and how its content affected the rights of religious minority groups. The foundation also welcomed the efforts of the Ministry of Education to develop new criteria for public school curriculums, stating that many of the foundation’s suggestions to address existing concerns were taken into consideration in the drafting process.
Although official figures for the 2020-2021 school year were not available, during the 2019-2020 school year, 74 schools included an optional course, entitled “History of the AAC/Christian Education,” in their curriculum for grades two through four.
The chaplaincy program, a joint Ministry of Defense-AAC initiative, continued to allow only AAC clergy to serve in the program.
According to official information from the Ministry of Justice, to satisfy the spiritual needs of detainees and convicts, AAC clergymen regularly visited penitentiaries, organized baptisms, offered liturgies, and celebrated holidays. The state of emergency announced on March 16 due to COVID-19 prohibited the “organization of religious rites and participating therein,” ending clergy visits to penitentiaries until the quarantine was lifted in September and penitentiaries started providing limited religious services that adhered to strict protection measures.
On February 11, a trial court ruled in favor of an appeal filed in 2019 by the Center for Religion and Law on behalf of a teacher in Yelpin Village in Vayots Dzor Region against her school administration. According to the Center for Religion and Law, the teacher became a subject of discrimination based on her religion when her instruction hours were reduced after parents of students accused the teacher of belonging to a “sect” because she was a member of an evangelical Christian church. The center requested rescission of the 2017 decision reducing her classes, restoration of the number of classes she taught, payment of back wages, and acknowledgement of the fact she was subjected to discrimination on religious grounds. According to the court ruling, the teacher was reinstated to her former position and paid back wages, but the court denied that discrimination had taken place.
On February 18, the Constitutional Court ruled that the article of the Law on Police Service that contained a blanket restriction on membership in a religious organization was unconstitutional. In the ruling, the Constitutional Court also stated that membership in religious organizations – as a form of freedom of expression and a way to exercise the right of freedom of association – is a right that may not be denied regardless of service in any militarized body, including police.
On June 4, a trial court ruled in favor of an appeal filed in 2018 by the Center for Religion and Law on behalf of police officer Edgar Karapetyan, who was dismissed from his position on the grounds he was attending an evangelical Christian church and, according to police, was a member of a religious organization, although it was not customary for religious groups to maintain membership records. Karapetyan was reinstated in his position and paid back wages.
Although there was no mechanism for enforcing the legal provision prohibiting funding of religious organizations by spiritual centers located outside the country, several religious organizations said they adhered to the ban and restricted their operations because they did not want to violate the law.
Beginning in August, some foreign citizen volunteers at local churches were denied requests to renew their residence permits as authorities applied a new interpretation of related laws and procedures. Government officials said churches could start paying their volunteers and apply for work papers or the volunteers could leave the country and return, allowing them to remain in the country for an additional 180 days. The provision affected some churches that decided to limit their volunteers’ service to 180 days.
Jehovah’s Witnesses said that the group halted construction of churches due to COVID-19 and therefore did not face difficulties building places of worship, unlike previous years. They largely suspended construction during the COVID-19 pandemic, although some minor renovations were completed. At year’s end, one case dating from 2016 was pending before the European Court of Human Rights regarding the prohibition by the Yerevan City Municipality on building places of worship on land owned by the Jehovah’s Witnesses. The Armenian Missionary Association of America continued its construction projects without interference and was planning additional construction the following spring.
At year’s end, 127 Jehovah’s Witnesses were working in the alternative civilian service program, compared with 129 in 2019. The alternative service appointments included positions in various hospitals, local utility companies, park maintenance services, boarding schools, eldercare facilities, and orphanages. During the fall conflict, the government allowed men in the alternative civilian service program to continue in that program. Additionally, in nearly all cases, Jehovah’s Witnesses who had served in the military prior to their conversion and were called up for service during the conflict were released from service after stating that they were Jehovah’s Witnesses or providing relevant documentation. According to government sources, Jehovah’s Witnesses were the only individuals participating in these programs, and none chose to serve in the alternative military service (military service that does not involve combat duty or the carrying, keeping, maintaining, or using of arms). Jehovah’s Witnesses reported the Armenia-supported de facto Nagorno-Karabakh authorities allowed them to worship in the region without hindrance but denied them registration as a religious group, as well as the right to conscientious objection to military service. They also reported all Jehovah’s Witnesses living in Nagorno-Karabakh evacuated to Armenia, and none were forced to serve in the military.
According to AAC spokesperson Vahram Melikyan, following its formation, the working group on government-AAC relations held ongoing meetings to discuss issues of mutual concern, including the spiritual health of the country’s citizens.
The government’s National Security Strategy, adopted in July, recognized the importance of the Armenian Catholic Church, Armenian Evangelical Church, Armenian Apostolic Church, and Christianity in the formation of national values. The strategy recognized respect and tolerance toward other peoples, nations, and religions as a national value. It emphasized the important role played by the three churches within the context of Armenia-diaspora relations and the government’s commitment to fully protecting the rights and freedoms of every person residing in the country. The strategy also stressed the importance of fully integrating ethnic minorities and vulnerable groups into every area of public life and the system of state governance. The strategy also stated the country’s commitment to protecting the right to life of ethnic, religious, and racial groups and their members as well as the prevention of genocide.
During 44 days of intensive fighting in and around Nagorno-Karabakh involving Armenia, Armenia-supported separatists, and Azerbaijan, significant casualties and atrocities were reported by all sides. After Azerbaijan, with Turkish support, reestablished control over four surrounding territories controlled by separatists since 1994, a Russian-brokered ceasefire arrangement announced by Azerbaijan and Armenia on November 9 resulted in the peaceful transfer of control over three additional territories to Azerbaijan, as well as the introduction of Russian peacekeepers to the region.
The Azerbaijani government reported 63 of the 67 mosques in the territories previously controlled by Armenia-supported separatists were completely destroyed. It was unknown how many were damaged during earlier hostilities in the Nagorno-Karabakh conflict as a result of neglect, or due to intentional damage. There were also reports of desecration of Muslim religious sites. Videos circulated on social media showed pigs in a mosque in Zangilan with defaced interior religious calligraphy; livestock in the Juma Mosque in Aghdam; and pigs in a mosque in Mamar, in the region of Qubadli. Armenian observers said the videos were staged or stated livestock entered the mosques of their own accord. International journalists visiting the territories following the intensive fighting confirmed the destruction of Muslim graves and graveyards while under Armenia-supported separatist control.
After Azerbaijan reestablished control over parts of Nagorno-Karabakh, the Azerbaijani government accused the Armenia-supported de facto authorities who previously controlled the territory of seeking to sever some religious sites’ connections with their Azerbaijani heritage. For example, de facto Nagorno-Karabakh authorities in Shusha renovated the Yukhari Govhar Aga Mosque with Iranian funding and labeled it a “Persian mosque.”
Section III. Status of Societal Respect for Religious Freedom
The conflict with Azerbaijan over Nagorno-Karabakh contributed to a rise in anti-Semitism, according to members of the Jewish community and other observers who largely attributed this to the Azerbaijani use of Israeli-produced weapons. According to observers, anti-Semitic slurs were again posted on social media platforms, in some cases together with cartoons depicting Jews in an offensive manner. The use of offensive slurs was particularly prevalent in posts on Facebook by anonymous antigovernment individuals targeting the Jewish leader of an international foundation. During the intensive fall fighting, the number of anti-Semitic posts increased, according to members of the Jewish community and other observers. Members of the Jewish community also reported anti-Semitic comments directed at them on public transport. The Hebrew and Armenian sides of Yerevan’s Holocaust and Genocide Memorial were defaced on two occasions, first on October 14 with paint, and again on October 22, when a fire was lit with wood around the bronze monument, resulting in discoloration and damage. Members of the Jewish community repaired the damage.
Other religious groups reported incidents of harassment during the year. A religious volunteer reported a car with a passenger drove up next to him when he was returning to his residence in Artashat, showing him what appeared to be a weapon through the window. On several occasions, persons walking past religious volunteers in Gyumri reportedly slapped them. The volunteers did not report the incidents to police.
The NSS continued its 2018 criminal case, on charges of incitement of religious hatred, against the creators of a 2018 Facebook page that falsely presented itself as associated both with the Word of Life Church and Prime Minister Nikol Pashinyan’s Civil Contract party. The case remained pending at year’s end.
According to Jehovah’s Witnesses, unlike previous years, there were no incidents of verbal harassment toward the group’s members publicly manifesting their religious beliefs during the year. One other minority religious group that preferred not to be identified reported a single incident of harassment during the year.
One Shia mosque, located in Yerevan, served all Islamic groups.
Section IV. U.S. Government Policy and Engagement
The Ambassador and other embassy officials continued to promote religious tolerance and interfaith dialogue during meetings with government officials, including from the Ministry of Foreign Affairs and political party representatives. Embassy officials engaged government officials from the Ministry of Education, Science, Culture and Sport and the Office of the Human Rights Defender to discuss the impact of the conflict over Nagorno-Karabakh on religious groups and religious sites of significance to Armenian communities.
The Ambassador and other embassy officials regularly consulted minority religious groups, including evangelical Christians and other Protestants; Jehovah’s Witnesses; the Church of Jesus Christ; Yezidis; the Jewish community; Apostolic Assyrians; Pentecostals; and Baha’is, as well as individual Muslims, to discuss the state of religious freedom in the country. On several occasions, the Ambassador publicly underscored the importance of fostering an inclusive society in which a diversity of viewpoints and beliefs is welcomed and encouraged. Embassy officials also discussed religious freedom with civil society, including addressing religious discrimination faced by minority religious groups and the impact of the Nagorno-Karabakh conflict on religious groups and religious sites that were significant to Armenian communities.
Austria
Executive Summary
Historical and modern constitutional documents provide for freedom of religious belief and affiliation and prohibit religious discrimination. The law prohibits public incitement to hostile acts against religious groups and classifies registered religious groups into one of three categories: religious societies, religious confessional communities, and associations. The 16 groups recognized as religious societies receive the most benefits. Unrecognized groups may practice their religion privately if the practice is lawful and does not offend “common decency.” In December, the government recognized Sikhs as a confessional community. On December 11, the Constitutional Court struck down the ban on headscarves for children in elementary schools, stating it was discriminatory for singling out Muslim students. The Church of Scientology and the Family Federation for World Peace and Unification (Unification Church) said that government-funded organizations continued to advise the public against associating with them. After a mass shooting in Vienna in November by a gunman described as an ISIS supporter, the government presented draft legislation introducing a new criminal code provision on “religiously motivated extremism” that would expand government monitoring of Muslim groups in the country. The Islamic Religious Authority of Austria (IGGO) criticized the establishment of a new office in the Federal Chancellery with the stated aim of combating political Islam and Muslim extremism. In October, the government said it would strip 40 percent of Turkish/Islamic associations of their charity status because of tax violations. In February, parliament unanimously adopted a resolution condemning any form of anti-Semitism and calling on the government to condemn and end any support for the Boycott, Divest, and Sanction (BDS) movement against Israel. In August, the government, in cooperation with the Jewish Community of Vienna (IKG), announced measures to combat anti-Semitism among immigrants and refugees. The opposition Freedom Party (FPOe) continued to use anti-Muslim rhetoric and imagery, particularly during campaigning for Vienna municipal/provincial elections in October.
According to the Ministry of Interior, there were 13 anti-Semitic and six anti-Muslim incidents reported to police in the first half of 2020. For all of 2019, the ministry cited 30 anti-Semitic and six anti-Muslim incidents, compared with 49 and 22 incidents, respectively, in the previous year. Most incidents involved hate speech. For 2019, IGGO cited 1,051 anti-Muslim incidents and the IKG reported 550 anti-Semitic incidents. Government figures, unlike those from the IKG and IGGO, only included incidents in which authorities filed criminal charges. In August, a Syrian man living in the country attempted to assault Graz Jewish Community leader Elie Rosen with a baseball bat and vandalized the Graz synagogue. Rosen escaped uninjured, and police arrested the suspect, who was awaiting trial at year’s end. Chancellor Sebastian Kurz and other senior government and political figures and religious representatives condemned the assault and vandalism. As a result of the incident, the government provided additional security protection for the Graz Jewish Community. In March, also in Graz, youths assaulted a Jewish teen, shouting “Are you a Jew?” at him and injuring his face.
U.S. embassy representatives met with officials from the Federal Chancellery and the Ministries of Foreign Affairs and Interior on religious freedom, the protection of religious minorities, and measures to combat anti-Semitic and anti-Muslim sentiment. In August, the Secretary of State, accompanied by the Ambassador and the head of the IKG and the country’s senior Roman Catholic prelate, laid a wreath at the Vienna Holocaust Memorial. The Ambassador met with leaders from the IGGO, IKG, Roman Catholic Church, Lutheran Church, and various Orthodox churches to discuss their relations with the government, instances of discrimination and interreligious dialogue, and the impact on their respective communities of the COVID-19 crisis. The embassy continued its engagement with the Muslim Youth Organization of Austria to promote religious dialogue and tolerance, particularly with a training program that covered how nongovernmental organizations (NGOs) can counter violent extremism and promote religious tolerance online. Embassy officials continued to serve on the advisory board of the Mauthausen Memorial Agency, a governmental agency that promotes Holocaust remembrance. Embassy representatives spoke on religious freedom at public ceremonies and supported programs to combat anti-Semitism and promote religious dialogue.
Section I. Religious Demography
The U.S. government estimates the total population at 8.9 million (midyear 2020 estimate). According to religious groups and December 2019 figures from the government’s Austrian Integration Fund, Roman Catholics constitute 56 percent of the population, and Muslims – predominantly Sunni – 8 percent, while approximately 25 percent is unaffiliated with any religion. According to estimates from the fund and religious groups, Eastern Orthodox churches (Russian, Greek, Serbian, Romanian, Antiochian, and Bulgarian) constitute 5 percent of the population, and Protestants (Augsburg and Helvetic confessions) 3.2 percent. Groups that together constitute less than 5 percent of the population include Jehovah’s Witnesses, Jews, and other Christian and non-Christian religious groups.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
A combination of historical and modern constitutional documents guarantees freedom of “conscience and creed.” The law provides for freedom of religious belief and the rights of all residents to join, participate in, leave, or abstain from association with any religious community. It stipulates, “Duties incumbent on nationals may not be impeded by religious affiliation.”
Several constitutional provisions protect religious freedom. The main pillars are historical laws on fundamental rights and freedoms, including religious freedom, and treaties and conventions, such as the European Convention on Human Rights, which form part of the constitution. Antidiscrimination legislation prohibits discrimination on religious grounds. Citizens have the right to sue the government for constitutional violations of religious freedom.
The law prohibits public incitement to hostile acts against a church group, religious society, or other religious group if the incitement is perceivable by “many people,” which an official government commentary on the law and the courts interpret as 30 or more individuals. The prohibition also applies specifically in the case of incitement in print, electronic, or other media available to a broad public. The law also prohibits incitement, insult, or contempt against religious groups, if such action violates human dignity.
The law divides registered religious groups into three officially recognized legal categories (listed in descending order of rights and privileges): religious societies, religious confessional communities, and associations. Each category possesses specific rights, privileges, and legal responsibilities. Members of religious groups not legally recognized may practice their religion at home “insofar as this practice is neither unlawful nor offends common decency.”
There are 16 recognized religious societies: the Roman Catholic Church; Protestant churches (Augsburg and Helvetic confessions); the IGGO; Old Catholic Church; IKG; Eastern Orthodox Church (Bulgarian, Greek, Romanian, Russian, Serbian, and Antiochian); The Church of Jesus Christ of Latter-day Saints; New Apostolic Church; Syrian Orthodox Church; Coptic Orthodox Church; Armenian Apostolic Church; Methodist Church of Austria; the Buddhist Community; Jehovah’s Witnesses; Alevi Community in Austria; and Free Christian Churches.
The law grants registered religious societies the right to public practice and independent administration of their internal affairs; to participate in the program requiring mandatory church contributions by church members; to bring religious workers into the country to act as ministers, missionaries, or teachers; and to provide pastoral services in prisons and hospitals. Under the law, religious societies have “public corporation” status, permitting them to engage in a number of public or quasi-public activities, such as government-funded religious instruction in both public and private schools, which the government denies to confessional communities and associations. The government grants all recognized religious societies tax relief in two main ways: donors do not pay taxes on donations and the societies receive exemption from property tax for all buildings dedicated to the active practice of religion or administration of such. Additionally, religious societies are exempt from a surveillance charge, otherwise payable when the state provides security to religious groups, and a municipal administrative fee for garbage collection and other municipal services. Responsibilities of religious societies include a commitment to sponsor social and cultural activities that serve the common good and – like all religious groups – to ensure their teachings do not violate the law or ethical standards, which the law does not define.
Religious groups seeking to achieve religious society status for the first time must apply for recognition with the Office for Religious Affairs in the Federal Chancellery. Religious groups recognized as societies prior to 1998 retained their status. The government grandfathered in 14 of the 16 recognized religious societies under this provision of the law. To gain recognition as a religious society, religious groups not recognized prior to 1998 must have membership equaling 0.2 percent of the country’s population (approximately 17,700 persons) and have existed for 20 years, at least 10 of which must have been as an association and five as a confessional community. The government recognizes Jehovah’s Witnesses and Alevi Muslims as religious societies under these post-1998 criteria. Groups that do not meet these criteria may still apply for religious society status under an exception for groups that have been active internationally for at least 100 years and active as an association in the country for 10 years. Groups sharing a broad faith with an existing society or confessional community, for example Christianity, may register separately as long as they can demonstrate that they have a different theology.
The law allows religious groups not recognized as societies to seek official status as confessional communities with the Office for Religious Affairs in the Federal Chancellery. The government recognizes 10 confessional communities: the Baha’i Faith, Movement for Religious Renewal-Community of Christians, Pentecostal Community of God, Seventh-day Adventists, Hindu Community, Islamic-Shiite Community, Old-Alevi Community in Austria, Unification Church, United Pentecostal Community of Austria, and Sikhs.
A recognized confessional community has the juridical standing needed to engage in such activities as purchasing real estate in its own name and contracting for goods and services, but it is not eligible for the financial and educational benefits available to recognized religious societies. Contributions to confessional communities’ charitable activities are tax deductible for those who make them and tax free for the groups receiving them, but the communities are not exempt from property taxes. Confessional communities may provide pastoral care in prisons and hospitals.
To gain government recognition as a confessional community, a group must have at least 300 members and submit to the Office for Religious Affairs its statutes describing the goals, rights, and obligations of members as well as membership regulations, a list of officials, and financing information. A group must also submit a written description of its religious doctrine, which must differ from that of any previously recognized religious society or religious confessional community. The Office for Religious Affairs determines whether the group’s basic beliefs are consistent with public security, order, health, and morals and with the rights and freedoms of citizens. A religious group seeking to obtain confessional community status is subject to a six-month waiting period from the time of application to the chancellery. After this period, groups that have applied automatically receive the status unless the government issues a decree rejecting the application.
Religious groups not qualifying for either religious society or confessional community status may apply to become legal associations, a status applicable to a broad range of civil groups. Some groups organize as associations while waiting for the government to recognize them as confessional communities.
The Church of Scientology and a number of smaller religious groups, such as Sahaja Yoga and the International Society for Krishna Consciousness, have association status.
According to the law, any group of more than two persons pursuing a nonprofit goal qualifies to organize as an association. Groups may apply to the Ministry of Interior to gain such status. To become an association, a group must submit a written statement citing its common, nonprofit goal and commitment to function as a nonprofit organization. Associations have juridical standing, the right to function in public, and many of the same rights as confessional communities, including the right to own real estate and to contract for goods and services. Associations may not offer pastoral care in hospitals or prisons or receive tax-deductible contributions.
Pursuant to the law governing relations between the government and the Roman Catholic Church, the Church is the only religious group to receive government funding for pastoral care it provides in prisons. The law also makes various Catholic holidays official national holidays.
The law governing relations between the government and the IGGO and Alevi Muslim groups stipulates that funding for the day-to-day operations of mosques must be derived from domestic sources, Islamic teachings and practices must not violate federal law (compliance with which is determined by the Office for Religious Affairs in the Federal Chancellery), and Islamic institutions should “take a positive stance” toward the state and society. According to the Office for Religious Affairs, there are similar restrictions on foreign funding for other religious groups, and religious groups generally are obliged to finance themselves from domestic sources and not violate federal law. The law provides an explicit legal definition of, and legal protection for, Islamic practices, such as circumcision and preparation of food in conformity with religious rules, and states Muslims may raise children and youth in accordance with Islamic traditions. Muslim groups with at least 300 members and a theology not distinct from a pre-existing Islamic religious society or confessional community are considered cultural communities and fall under the umbrella of the pre-existing, legally recognized Islamic religious society or confessional community. This includes the IGGO and the Alevi Community in Austria, which are both religious societies, or the Islamic-Shiite Community and the Old-Alevi Faith Community in Austria, both of which have confessional community status. The law allows for Islamic theological university studies, which the University of Vienna offers.
Separate laws govern relations between the government and each of the other 14 state-recognized religious societies. The laws have similar intent but vary in some details, since they were enacted at different times over a span of approximately 140 years. As with the Muslim community, a law provides explicit protections for Jewish religious practices, including circumcision and ritual slaughter.
The law bans full-face coverings in public places as a “violation of Austrian values,” with exceptions made only for artistic, cultural, or traditional events, in sports, or for health or professional reasons. Failure to comply with the law is an administrative violation. The law prescribes a 150-euro ($180) fine but does not entitle police to remove the face covering.
Until a Constitutional Court ruling in December struck it down, the law banned headscarves and other head coverings for children in elementary schools. The ban exempted kippahs and Sikh patkas. Prior to the Constitutional Court ruling, in some federal states, parents of children in violation of the ban were subject to fines of up to 440 euros ($540).
The government funds, on a proportional basis, religious instruction for any of the 16 officially recognized religious societies by clergy or instructors provided by those groups for children in public schools and government-accredited private schools. The government does not offer such funding to other religious groups. A minimum of three children is required to form a class. Attendance in the respective religion classes is mandatory for all students who are members of those religious groups unless they formally withdraw at the beginning of the school year; students younger than age 14 require parental permission to withdraw from religion classes. Religious instruction takes place either in the school or at sites organized by religious groups. Some schools offer ethics classes for students not attending religious instruction. Religious education and ethics classes include the tenets of different religious groups as comparative religious education.
The curriculum for both public and private schools includes compulsory antibias and tolerance education, including religious tolerance, as part of civics education across various subjects, including history and German-language instruction.
Holocaust education is part of history instruction and is also treated in other courses such as civics.
The Equal Rights Agency, an independent agency falling under the jurisdiction of the Federal Chancellery Minister for Women and Integration, oversees discrimination cases, including those based on religion. The agency provides legal counseling and mediation services, and it assists with bringing cases before the Equal Treatment Commission, another independent government agency. In cases where it finds discrimination, the commission makes a recommendation for corrective action. In a case of noncompliance with the recommendation, the case goes to court. The commission may issue expert reports for plaintiffs to present before the court. Only a court may order corrective action and compensation.
The law bans neo-Nazi activity and prohibits public denial, belittlement, approval, or justification “of the National Socialist genocide” or other Nazi crimes against humanity in print, broadcast, or other media.
In August, a 2019 amendment of the Citizenship Act that extends citizenship to descendants of Austrian victims of Nazi crimes entered into force. Direct descendants, such as children, grandchildren, or great grandchildren of victims, may obtain citizenship by reporting to Austrian consulates. Dual citizenship is also possible.
The law bans certain symbols the government considers extremist, including those pertaining to the Muslim Brotherhood, ISIS, al-Qa’ida, and the Croatian Ustasha.
The government requires a visa for visitors from non-visa waiver countries or individuals who would stay beyond 90 days, including religious workers of confessional communities or associations. Foreign religious workers of groups recognized as confessional communities or associations must apply for a general immigrant visa that is not employment or family based and is subject to a quota. Foreign religious workers belonging to religious societies also require immigrant visas but are exempt from the quota system. Religious workers from Schengen or EU-member countries are exempt from all visa requirements.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
In December, the government granted Sikhs status as a confessional community, after they had applied for the status in 2019.
On December 11, the Constitutional Court ruled that the ban on headscarves introduced in 2019 for children in elementary school was unconstitutional because it singled out Muslim students. Judge Christoph Grabenwarter told the Catholic News Agency that the ban carried the risk of “hindering Muslim girls’ access to education and more precisely of shutting them off from society.” The ruling was based on complaints that two Muslim families, supported by the IGGO, filed in January. The complaints stated the ban interfered with religious freedom and the right to raise children in a religious manner and called for lifting the ban. After the ruling in December, the government abandoned a proposal, first made in January, to expand the ban to middle school students up to age 14, and possibly to teachers.
Scientologists continued to state the Federal Office of Sect Issues and other government-associated entities fostered discrimination against religious groups not registered as religious societies or confessional communities. The office offered advice to persons with questions about groups that it considered “sects” and “cults,” including Scientologists and members of the Unification Church. A scientologist representative stated that the office provided biased information against the Church of Scientology when counseling its clients by not including sufficient input on how Scientologists view themselves. The office was nominally independent but government-funded, and the Minister of Labor, Family, and Youth appointed and oversaw its head.
A counseling center in Vienna managed by the Society Against Sect and Cult Dangers, an NGO that described itself as an organization working against harm caused by “destructive cults” such as Scientology, continued to distribute information to schools and the general public and provide counseling for former members of such groups. According to the website of the society’s founder, Friedrich Griess, the society received funding from the government of Lower Austria. All provinces funded family and youth counseling offices that provided information on “sects and cults,” which members of some minority religious groups, such as Scientologists or the Unification Church, stated were biased against them.
On November 2, Kujtim Fejzullai, a man described as an ISIS supporter, shot and killed four persons and injured 22. Police killed the gunman. Chancellor Kurz called the incident “clearly an Islamist terror attack,” and said, “We will create a ‘criminal offense’ called political Islam … to take action against those who are not terrorists themselves, but who create the breeding ground for them.”
On December 16, the government presented draft legislation to parliament that would introduce a new statutory offense banning “religiously motivated extremism.” The legislation would also oblige the IGGO to present registries of all its mosques and imams to the government and speeds up processes enabling the government to close down radical mosques. It would also raise fines for Muslim organizations failing to provide information on their accounts and more strictly monitor how Muslim organizations are financed. Interior Minister Karl Nehammer called the legislation a “strong signal against extremism.” On December 18, the government sent the draft legislation for a six-week review to stakeholders and legal experts.
In the aftermath of the November attack, the government and the IGGO agreed to close the Tewhid Mosque, registered with the IGGO, which Fejzullai attended. According to a government spokesperson, the Tewhid Mosque lacked “a positive attitude toward Austrian society and the state” as required by the law governing relations between the government and Muslim groups. The government also closed an unregistered facility, the Melit Ibrahim Association, used as a mosque and also attended by Fejzullai and other persons previously convicted on terrorism charges.
In a separate police action in November, authorities raided homes, businesses, and associations that they said were affiliated with the Muslim Brotherhood, as well as Hamas, arresting 30 individuals. The Office of the Public Prosecutor stated the raids were preceded by “extensive and intensive investigations lasting more than a year” and had “no connection with the terrorist attack in Vienna on November 2.” Individuals detained in the raids, who were reportedly questioned and released, told media the raids were “mere guesswork by the police” and that there was no evidence of terrorist financing.
In July, Integration Minister Susanne Raab established a new office in the Federal Chancellery with the stated aim of combating political Islam and documenting religiously motivated Islamic extremism, including scientific research on the structures of various Muslim organizations. Raab stated the new office was not directed against Islam itself, but only against the “extremist ideology of political Islam.” IGGO President Uemit Vural criticized the government for not including the IGGO in the planning of the office and called for expanding the office’s mandate to include all forms of religiously motivated extremism and racism. Vural also said establishment of the office demonstrated the government’s “hostile attitude” toward Muslims in the country.
At year’s end, the government had not closed the Vienna-based, Saudi Arabia-funded King Abdullah bin Abdulaziz International Center for Interreligious and Intercultural Dialogue. In 2019, the foreign ministry announced it would close the center, consistent with a nonbinding parliamentary resolution calling on it to do so because of Saudi Arabia’s human rights record.
In October, revenue authorities reported investigating 211 Turkish/Islamic associations in the country since 2019 and finding a large number of instances of tax evasion. Revenue authorities stated they would strip 40 percent of these associations of their charity status, since they abused that status to conduct business activities. The Turkish Islamic Union for Cultural and Social Cooperation (ATIB) and the Islamic Federation, an organization affiliated with the Turkish Islamic group Milli Gorus, criticized the announcement.
According to media, the Federal Office for Foreigner Affairs and Asylum (BFA) continued to refuse to issue or renew residence permits for foreign imams financed by foreign sources. The BFA rejected the permits and renewals on the grounds that, since the law forbids foreign funding of religious groups, it considered that imams receiving foreign funding had no income and were therefore ineligible for a residence permit. ATIB reported in April that, because of the ban on foreign financing, it had no imams in half of its 65 mosques. There were no reports that other religious groups faced similar problems in obtaining residence permits for their foreign clerics, although the government stated the restrictions on foreign funding applied to all religious groups.
In September, Federal Chancellery Minister for the EU and Constitution Karoline Edtstadler announced the government was developing a national strategy to combat anti-Semitism and would establish a new office in the Federal Chancellery to coordinate measures by all ministries to implement the new strategy. At year’s end, the government had not yet announced the strategy or established the office.
In a resolution adopted unanimously in February, parliament called upon the government to condemn and end any support for the BDS movement against Israel. The resolution stated that parliament condemned any form of anti-Semitism, including Israel-related anti-Semitism. IKG President Oskar Deutsch said he welcomed parliament’s initiative to counter anti-Semitism “veiled as criticism of Israel.”
Jewish leaders condemned the FPOe’s appointment of Johannes Huebner to the Bundesrat, the upper house of parliament, due to an anti-Semitic comment he made at a 2016 political rally in Germany. Moshe Kantor, President of the European Jewish Congress, said, “It is unconscionable that a renowned anti-Semite would be given such a respectable position,” while IKG President Oskar Deutsch commented, “The political return of Mr. Huebner is a confirmation of the lack of credibility of the Freedom Party.”
In December, parliament passed a law on hate speech, effective January 1, 2021, requiring online platforms to identify and delete posts considered to be hateful or defamatory. The platforms may be sued in court for failing to remove posts that plaintiffs allege are hateful or defamatory. The legislation received widespread support from civil society groups, including Amnesty International and the Association for Civil Courage and Anti-Racism. National media reported the legislation was partly motivated by an increase in online hate speech and government advocacy for better protection of victims, including by Justice Minister Alma Zadic (Green Party), who was born in Bosnia and Herzegovina and had been a target of online hate speech during the year.
Following the assault against a Jewish leader in the Styrian capital Graz in August, police provided additional protection to the Graz Jewish community. Police also continued to provide extra protection to the Vienna Jewish community’s offices and other Jewish community institutions, such as schools and museums throughout the country, to combat historically higher numbers of incidents directed at Jewish institutions. In addition, Integration Minister Raab announced special measures to combat anti-Semitism among immigrants and refugees, in cooperation with the IKG. These included special courses on anti-Semitism for refugees in the context of mandatory integration classes and expanding a program for Jewish youth to visit schools to talk about Judaism.
The governing coalition agreement between the People’s Party (OeVP) and Green Party, presented in January, stated the government was committed to fighting anti-Semitism and that the country would not support any initiatives or resolutions in international organizations that ran counter to its commitment to the state of Israel.
Following the IKG’s presentation of its annual report on anti-Semitic incidents in 2019, Chancellor Kurz stated in May that the country must be “even more united and determined in fighting any form of anti-Semitic tendencies.”
The international NGO Anti-Defamation League continued to conduct teacher-training seminars on Holocaust awareness with schools in the country, reaching approximately 100 teachers. School councils and the Ministry of Education, Science, and Research again invited Holocaust survivors to talk to school classes about National Socialism and the Holocaust.
In October, the government announced it would provide 200,000 euros ($245,000) for the maintenance and restoration of the historic Waehring Jewish cemetery in Vienna over the next three years. Chancellor Kurz had promised aid for the cemetery in 2018. IKG President Deutsch welcomed the support. President Alexander Van der Bellen also visited the cemetery in September with Deutsch and stated it was “Austria’s duty to maintain the cemetery.”
In a video message from Jerusalem ahead of the World Holocaust Forum in January, President Van der Bellen deplored the rise of anti-Semitism in Europe and pledged continued engagement to fight it: “Racism, anti-Semitism, human degradation must never again become political instruments.” While many Holocaust victims were Austrians – predominantly Jews – Austrians were also perpetrators, Van der Bellen stated.
Following slogans on FPOe posters for the Vienna municipal election in October that equated traditionally dressed Muslims with radical, violent Islamism, the Association of Social Democrat Academics filed incitement charges against the FPOe in Vienna with the Vienna Prosecutor’s Office. The association stated that the posters violated human dignity and religious freedom. The case was pending at year’s end.
In September, the Vienna public prosecutor requested lifting the immunity of FPOe Third Parliamentary President Norbert Hofer after Hofer stated at a June party rally that the Quran was more dangerous than COVID-19. The IGGO filed charges against Hofer of denouncement of religious teachings and incitement. In October, the case was dismissed after the parliamentary immunity committee decided against lifting Hofer’s immunity, stating he made the statement in the context of his political activity.
Following clashes in Vienna between Turkish nationalists and Kurdish groups in July, FPOe Secretary General Michael Schnedlitz said he considered his party “a weed killer against unlimited immigration.” Three parliamentary parties – the Social Democrats (SPOe), Greens, and NEOS – condemned the language as “Nazi rhetoric” and called for Schnedlitz’s resignation. Vienna FPOe Chairman Dominik Nepp stated Schnedlitz had been misunderstood and that he had not equated immigrants with weeds.
Following the outbreak of COVID-19 cases in refugee shelters in Vienna in May, Nepp called COVID-19 an “asylee virus” and “intolerable.”
The government continued to allow headwear for religious purposes in official identification documents, provided the face remained sufficiently visible to allow for identification of the wearer.
According to statistics presented by Foreign Minister Alexander Schallenberg in December, the government granted citizenship to 633 descendants of Austrian victims of Nazi crimes, including persons from the United States, Israel, and Great Britain.
The country is a member of the International Holocaust Remembrance Alliance.
Section III. Status of Societal Respect for Religious Freedom
According to the Ministry of Interior, there were 13 anti-Semitic and six anti-Muslim incidents reported to police in the first half of the year. In all of 2019, there were 30 anti-Semitic and six anti-Muslim incidents, compared with 49 and 22 such incidents, respectively, in 2018. Most incidents, according to the ministry, involved hate speech. Government figures included only cases where authorities filed criminal charges. The ministry did not provide details on any of the incidents.
The IGGO’s Documentation Center on Islamophobia and Anti-Muslim Racism reported 1,051 anti-Muslim incidents in 2019, while the IKG reported 550 anti-Semitic incidents in the same year. The data were the most recent available. Both groups included incidents regardless of whether they were reported to police or criminal charges were filed.
In September, the EU Agency for Fundamental Rights (FRA) released an overview of anti-Semitic incidents covering January 1, 2009 – December 21, 2019 across EU member states where data from official and unofficial sources were available. According to FRA, the overall trend for recorded anti-Semitic offenses in Austria was increasing, despite the decrease in the number of offenses from 49 in 2018 to 30 in 2019. In the period 2009-19, recorded cases of anti-Semitic offenses reached a peak of 58 in 2014.
In August, a Syrian living in the country attempted to assault Graz Jewish Community President Elie Rosen with a baseball bat. Rosen escaped to his car uninjured. The suspect also vandalized the Graz synagogue and an LGBT community center. Police arrested the man, who was awaiting trial at year’s end. The Chancellor, Vice Chancellor, federal ministers, governors, opposition leaders, and religious representatives stated there was no place for anti-Semitism in the country. IGGO President Vural stated that “we must be determined and united in fighting anti-Semitism.” Following the incident, the IKG reiterated its concern regarding what it described as anti-Semitism by Muslims in the country and participated in government programs to address anti-Semitism among refugees and immigrants.
In March, two unidentified youths attacked a Jewish teen wearing a Star of David ring in the Styrian provincial capital Graz, shouting, “Are you a Jew?” The victim was treated in a local hospital for cuts and bruises to his face. Police had not identified the assailants by year’s end.
In November, according to press reports, a woman accosted a Jewish rabbi at knifepoint, knocking the skullcap off his head, ripping it, and yelling anti-Semitic insults before fleeing. Police were unable to find the woman. Interior Minister Nehammer condemned the incident as an “attack on Jewish life in Vienna,” and the agency that investigates acts of extremism and terrorism took over the case.
The IGGO reported that the number of anti-Muslim incidents almost doubled in 2019 to 1,051, compared with the 540 reported in 2018. In 2015, the first full year in which it collected such statistics, IGGO reported 156 anti-Muslim incidents. Most 2019 cases (700) concerned hate speech and insinuations of violence on the internet, followed by insulting language and property damage. Six cases involved physical assaults. Men were more likely to face anti-Muslim behavior on the internet, while Muslim women were more likely to face it in person. According to the report, in October 2019, a man who had posted threatening comments on social media was caught bringing a knife to a university lecture; in February 2019, a man slapped a Muslim woman in the face on a streetcar; and in May 2019, a man wrote on social media “ragheads, shut up or go home.” Property damage cited in the report consisted primarily of graffiti, with slogans such as “[expletive] Islam” on toilets, public walls, or elsewhere.
The IKG reported anti-Semitic incidents increased by 9 percent in 2019, compared with the 503 cited in 2017 (it did not publish figures for 2018). Most of the reported incidents concerned insulting behavior, followed by mass mailings/internet, property damage, and threats. Six reports concerned physical assaults. According to the report, in one case of assault in October 2019, a teenager kicked a Jewish teenager wearing a kippa on the subway and insulted him; the Jewish teenager ran away. In December 2019, a man in a subway shouted “[expletive] Jews” to two Jewish teenagers wearing kippas, adding, “If I see you again, I will kill you.”
A report presented in June by the NGO Initiative for Discrimination-Free Education listed a total of 403 cases of discrimination in schools in 2019 and attributed 43 percent of these cases to religion, with 73 percent of those cases connected to what the NGO called Islamophobia and 25 percent to anti-Semitism. The remaining 2 percent involved discrimination against atheists. Examples included pressure on a Muslim religion teacher to participate in extracurricular activities by other teachers, who stated that the teacher otherwise was “not integrated in Austria.” The NGO classified the incident as discrimination based on religion. In another example, school pupils posted Nazi symbols in their WhatsApp group. The NGO stated the headscarf ban in elementary schools was discriminatory.
In 2019, the most recent year for which data were available, the government recorded 740 investigations into cases of incitement to hatred based on national origin, race, or religion and 43 convictions, compared with 1,005 investigations into cases and 72 convictions in 2018. The government did not provide information on how many of the cases involved religion.
The organizers of the annual May gathering of Croatians and Bosnians in Bleiburg to commemorate Nazi-allied Croatian troops and civilians killed in 1945 canceled the event due to COVID-19 concerns. In a parliamentary resolution passed in May, the OeVP, SPOe, Greens, and NEOS called on the Ministry of Interior to prohibit the event in coming years.
In August, a court in the Lower Austrian capital of St. Poelten convicted a former FPOe member of the provincial legislature on charges of neo-Nazi activity and issued him a 12-month suspended prison sentence. On April 20, 2014, the 125th birthday of Adolf Hitler, the man had written on Facebook “congratulations to all whose birthday is today.”
In August, in a separate case, a court in St. Poelten convicted a former local FPOe politician in Melk on charges of neo-Nazi activity, issuing a 15-month suspended prison sentence. The man had displayed the Nazi salute on several occasions in 2014 and had shouted “Heil Hitler.”
In March, a court in the Carinthian capital of Klagenfurt convicted a man on charges of neo-Nazi activity and sentenced him to 18 months’ imprisonment. The man had neo-Nazi tattoos and had called for “reopening concentration camps” on Facebook in 2010.
In an interview in May, the Secretary General of the IKG, Benjamin Naegele, stated that anti-Semitic sentiments occasionally surfaced at demonstrations against COVID-19-related restrictions or in debates about COVID-19 in social media. Naegele did not provide details or examples.
Fourteen Christian groups, consisting of the Roman Catholic Church, various Protestant denominations, and eight Orthodox and Old Oriental Churches, continued to meet twice a year within the Ecumenical Council of Churches in Austria to discuss religious cooperation. Baptists and the Salvation Army had observer status on the council. Two permanent working groups on “Religion and Society” and “Media” remained in place.
Section IV. U.S. Government Policy and Engagement
The U.S. Ambassador and other embassy representatives met regularly with government officials, including from the Federal Chancellery’s Office of Religious Affairs, the Department for Integration and Division of Dialogue of Cultures at the Ministry of Foreign Affairs, and the Ministry of Interior, to discuss religious freedom and the protection of religious minorities. Topics discussed included the concerns of religious groups, integration of Muslim refugees, cooperation with religious groups in combating terrorism, and measures to combat anti-Semitism and anti-Muslim sentiment.
The Ambassador met with religious group representatives from the IGGO, IKG, Roman Catholic Church, Protestant churches, and various Orthodox churches to discuss their relations with the new coalition government, instances of discrimination, and interreligious dialogue, as well as how their communities were handling the COVID-19 crisis. Embassy officers also met with youth groups of religious organizations to discuss issues such as anti-Semitism and anti-Muslim sentiment.
The embassy continued to engage with and support the Jewish community to discuss ways of promoting religious tolerance and combating anti-Semitism. The embassy hosted a university seminar on “The Jewish Entrepreneurs of Hollywood,” which showed how religiously persecuted groups could succeed and counter the religious intolerance of others. Embassy representatives continued to serve on the International Advisory Board of the Mauthausen Memorial Agency to promote remembrance of the Holocaust and Holocaust education. In November, the Department of State Deputy Special Envoy for Holocaust Issues made a presentation to the advisory board on the challenges museums, memorials, and other institutions face in organizing Holocaust remembrance activities during the COVID-19 pandemic.
The embassy continued its engagement with the Muslim Youth Organization of Austria to promote religious dialogue and tolerance. The embassy nominated three members of the organization to participate in a training program that covered how NGOs can counter violent extremism and promote religious tolerance online.
In August, the U.S. Secretary of State, accompanied by the Ambassador, IKG President Deutsch, and Roman Catholic Cardinal Christoph Schoenborn, laid a wreath at the Vienna Holocaust Memorial in remembrance of the 65,000 Austrian Jews killed in the Holocaust.
In May, the Ambassador and the U.S. Department of State Special Envoy for Holocaust Issues recorded video messages for the virtual commemoration of the liberation of the Mauthausen concentration camp. In their remarks, they stressed the importance of religious freedom, Holocaust remembrance, and never forgetting the horrors of the Nazi regime to ensure they are never again repeated.
Azerbaijan
Executive Summary
The constitution stipulates the separation of religion and state and the equality of all religions. It also protects the right of individuals to express their religious beliefs and to practice religious rituals, provided these do not violate public order or public morality. The law prohibits the government from interfering in religious activities; it also states the government and citizens have a responsibility to combat “religious extremism” and “radicalism.” The law specifies the government may dissolve religious organizations if they cause racial, national, religious, or social animosity; proselytize in a way that “degrades human dignity”; or hinder secular education. In two separate decisions in January and June, the European Court of Human Rights (ECHR) ruled the government had violated the religious freedom rights of five individuals by subjecting them to excessively long pretrial detention (between five and 10 months) under the European Convention on Human Rights and ordered it to pay compensation. According to Forum 18, an international human rights nongovernmental organization (NGO), three of the five were arrested for gathering to study the works of the late Turkish Sunni theologian Said Nursi. One of the men said authorities physically abused him during his detention. In September, the ECHR accepted the government’s admission it had violated the rights of multiple Muslim individuals and Jehovah’s Witnesses to meet for worship or religious study at members’ homes. Throughout the year, courts continued reviewing appeals and sentencing individuals detained after a July 2018 attack on the then-head of the Ganja City Executive Committee and the subsequent killing of two police officers. Authorities alleged those sentenced were part of a Shia “extremist conspiracy” that sought to undermine the constitutional order. Civil society activists and human rights groups considered the vast majority of the verdicts to be politically motivated and estimated 43 individuals remained in prison at year’s end in connection with the events in Ganja. Authorities continued legal action against individuals associated with the unregistered Muslim Unity Movement (MUM), which the government characterized as an extremist group. Civil society activists and human rights advocates considered the incarceration of MUM members to be politically motivated. Local human rights groups and others stated the government continued to physically abuse, arrest, and imprison religious activists. According to these groups, the number of religious activists who were political prisoners or detainees ranged from 41 to 48 at the end of the year. Religious communities continued to express frustration that communities with fewer than 50 members were not allowed to legally register. The government stated that reducing the minimum number of members below 50 would promote extremism. The government continued to control the importation, distribution, and sale of religious materials. In June, amendments to the criminal code entered into force that added “restriction of freedom” (i.e., probation) to preexisting penalties that included fines and imprisonment for publishing or distributing material with religious content without government approval. The government did not exercise control over the Nagorno-Karabakh region or surrounding territories throughout much of the year. During 44 days of intensive fighting from September 27 to November 10 involving Armenia, Armenia-supported separatists, and Azerbaijan, significant casualties and atrocities were reported by all sides. After Azerbaijan, with Turkish support, reestablished control over four surrounding territories controlled by separatists since 1994, a Russian-brokered ceasefire arrangement announced by Azerbaijan and Armenia on November 9 resulted in the peaceful transfer of control over three additional territories to Azerbaijan as well as the introduction of Russian peacekeepers to the region. During the conflict, Human Rights Watch reported two separate attacks on October 8 on the Holy Savior Cathedral in Shusha by Azerbaijani forces. In connection with attacks on and vandalism of religious sites following the Fall fighting, Armenian officials, religious leaders, and civil society representatives expressed concerns for the protection of Armenian cultural and religious heritage as the sites passed from Armenian to Azerbaijani control.
Civil society representatives stated citizens continued to tolerate and, in some cases, financially support “traditional” minority religious groups (i.e., those historically present in the country), including Jews, Russian Orthodox, and Catholics. Groups viewed as “nontraditional,” however, were often viewed with suspicion and mistrust.
The Ambassador and other U.S. embassy officers engaged government officials to advocate for the release of individuals NGOs stated were imprisoned for their religious beliefs. The Ambassador and embassy officers urged government officials to address longstanding issues with the registration process for smaller religious communities and to implement an alternative to military service for conscientious objectors, as stipulated in the constitution. The Ambassador advocated at the highest levels of government for the protection of religious and cultural sites in the newly returned territories. The Ambassador and embassy officers met regularly with representatives of registered and unregistered religious groups and civil society to discuss religious freedom in the country. Embassy officers also had consultations with theologians.
Section I. Religious Demography
The U.S. government estimates the total population at 10.2 million (midyear 2020 estimate). According to 2011 data from the State Committee on Religious Associations in Azerbaijan (SCWRA) (the most recent available), 96 percent of the population is Muslim, of which approximately 65 percent is Shia and 35 percent Sunni. Groups that together constitute the remaining 4 percent of the population include the Russian Orthodox Church; Georgian Orthodox Church; Armenian Apostolic Church; Seventh-day Adventists; Molokan Church; Roman Catholic Church; other Christians, including evangelical churches, Baptists and Jehovah’s Witnesses; Jews; and Baha’is. Ethnic Azerbaijanis are mainly Muslims and non-Muslims are mainly Russians, Georgians, Armenians, and other national minorities. Others include the International Society of Krishna Consciousness and those professing no religion.
Christians live mainly in Baku and other urban areas. Approximately 15,000 to 20,000 Jews live in Baku, with smaller communities throughout the country.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution stipulates the separation of religion and state and the equality of all religions and all individuals regardless of belief. It protects freedom of religion, including the right of individuals to profess, individually or together with others, any religion, or to profess no religion, and to express and spread religious beliefs. It also provides for the freedom to carry out religious rituals, provided they do not violate public order or public morality. The constitution states no one may be required to profess his or her religious beliefs or be persecuted for them; the law prohibits forced expressions or demonstrations of religious faith.
According to the code of administrative offenses, an administrative offense is applicable to nonviolent crimes. An administrative arrest may last up to three months.
The law requires religious organizations – termed “associations” in the country’s legal code and encompassing religious groups, communities, and individual congregations of a denomination – to register with the government through the SCWRA. The SCWRA manages the registration process and may appeal to the courts to suspend a religious group’s activities. A religious community’s registration is tied to the physical site where the community is located, as stated in its application. A subsequent move or expansion to other locations requires reregistration. Registration allows a religious organization to hold meetings, maintain a bank account, rent property, act as a legal entity, and receive funds from the government.
To register, a religious organization must submit to the SCWRA a notarized application signed by at least 50 of its members, a charter and founding documents, the names of the organization’s founders, and the organization’s legal address and bank information.
By law, the government must rule on a registration application within 30 days, but there are no specified consequences if the government fails to act by the deadline. Authorities may deny registration of a religious organization if its actions, goals, or religious doctrine contradict the constitution or other laws. Authorities may also deny registration if an organization’s charter or other establishment documents contradict the law or if the information provided is false. Religious groups may appeal registration denials to the courts.
The Caucasus Muslim Board (CMB) is registered by the SCWRA as a foundation and oversees the activities of registered Islamic organizations, including training and appointing clerics to lead Islamic worship, periodically monitoring sermons, and organizing pilgrimages to Mecca. Muslim communities must receive an approval letter from the CMB before submitting a registration application to the SCWRA.
While the law prohibits the government from interfering in the religious activities of any individual or group, there are exceptions for suspected extremist or other illegal activity. The law states government entities and citizens have rights and responsibilities to combat “religious extremism” and “radicalism.” The law defines religious extremism as behavior motivated by religious hatred, religious radicalism (described as believing in the exceptionalism of one’s religious beliefs), or religious fanaticism (described as believing no one outside of one’s religious group may criticize that group). According to the law, this behavior includes forcing a person to belong to any specific religion or to participate in specific religious rituals. It also includes activities seeking to change by force the constitutional structure of the country’s government, including its secular nature; setting up or participating in illegal armed groups or unions; and engaging in terrorist activities. The law penalizes actions that intend to change the constitutional order or violate the territorial integrity of the country on the grounds of religious hatred, radicalism, or fanaticism, with prison terms ranging from 15 years to life.
The law specifies circumstances under which religious organizations may be dissolved, including if they act contrary to their founding objectives; cause racial, national, religious, or social animosity; or proselytize in a way that degrades human dignity or contradicts recognized principles of humanity, such as “love for mankind, philanthropy, and kindness.” Other grounds for dissolution include hindering secular education or inducing members or other individuals to cede their property to the organization.
Rituals and ceremonies related to Islam may be performed only by citizens of the country. The law allows foreigners invited by non-Islamic registered religious groups to conduct religious services, but it prohibits citizens who received Islamic education abroad from leading religious ceremonies unless they obtain special permission from the CMB. Penalties for violating the law include up to one year’s imprisonment or fines from 1,000 manat ($590) to 5,000 manat ($2,900). A longstanding agreement between the government and the Holy See allows foreigners to lead Catholic rituals.
The administrative code prohibits “clergy and members of religious associations from holding special meetings for children and young people as well as the organizing or holding by religious bodies of organized labor, literary, or other clubs and groups unassociated with holding religious ceremonies.”
The law restricts the use of religious symbols and slogans to inside places of worship.
According to the law, the SCWRA reviews and approves all religious literature for legal importation, sale, and distribution. Punishments for “production, sale and distribution of religious literature (on paper and electronic devices), audio and video materials, religious items, and other informational materials of religious nature with the aim of importation, sale and distribution without appropriate authorization” are proscribed by law. Punishments for first-time offenders include a fine of between 5,000 and 7,000 manat ($2,900 and $4,100), up to two years’ restricted freedom, or up to two years’ imprisonment. Violations by a group of people “according to a prior conspiracy,” an organized group, an individual for a second time, or an official carry a fine of between 7,000 and 9,000 manats ($4,100 and $5,300), between two and four years’ restricted freedom, or imprisonment of between two and five years. In June, amendments to the criminal code entered into force that added the alternative punishment of “restriction of freedom” (probation) – two to four years in cases involving an individual first-time offender and two to five years in aggravated cases – to the preexisting punishments.
There is no religious component in the curriculum of public or private elementary or high schools; however, students may obtain after-school religious instruction at registered institutions. Students may study religion at higher educational institutions, such as the Azerbaijan Institute of Theology, and the CMB sponsors some religious training abroad. The law prohibits individuals who pursue foreign government-supported or privately funded religious education abroad without permission from the government from holding official religious positions, preaching, or leading sermons after returning to the country.
Although the constitution allows alternative service “in some cases” when military service conflicts with personal beliefs, there is no legislation permitting alternative service, including on religious grounds. Refusal to perform military service is punishable under the criminal code with imprisonment of up to two years or forced conscription.
The law stipulates the government may revoke the citizenship of individuals who participate in terrorist acts; engage in religious extremist actions; undergo military training abroad under the guise of receiving religious education; propagate religious doctrines in a “hostile” manner, which the law does not further define; or participate in religious conflicts in a foreign country under the guise of performing religious rituals.
According to the constitution, the law may restrict participation of “religious officials” in elections and bars them from election to parliament. By law, political parties may not engage in religious activity. The law does not define “religious officials.” The law prohibits religious leaders from simultaneously serving in any public office and in a position of religious leadership. It proscribes the use of religious facilities for political purposes.
The constitution prohibits “spreading propaganda of religions humiliating people’s dignity and contradicting the principles of humanism” as well as “propaganda” inciting religious animosity. The law also prohibits threats or expressions of contempt for persons based on religious belief.
The law prohibits proselytizing by foreigners but does not prohibit citizens from doing so. In cases of proselytization by foreigners and stateless persons, the law sets a punishment of one to two years in prison.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Local human rights groups and others stated the government continued to physically abuse, arrest, and imprison religious activists.
On June 4, the ECHR ruled the government had violated the religious freedom rights of four individuals whom it arrested between 2013 and 2015 by subjecting them to excessively long pretrial detention (between five and 10 months) in violation of the European Convention on Human Rights. According to Forum 18, authorities arrested the four – Taleh Bagirov (aka Bagirzade), Zakir Mustafayev, Ismayil Mammadov, and Eldaniz Hajiyev – for exercising their right to freedom of religion or belief. The government acknowledged the length of pretrial detention had been excessive. The ECHR ordered the government to pay each of the men 3,000 euros ($3,700) in compensation. It awarded Mustafayev an additional 500 euros ($610) for costs associated with applying to the court. Representatives of the men said the compensation was too low and wanted the court to continue hearing the case, but it refused. The ECHR ruling in June followed a similar decision by the same court on January 16 concerning the extended detention of Hajiyev, Mammadov, and a third man, Revan Sabzaliyev, arrested in April 2014 when they met to study the works of Nursi. Hajiyev and Mammadov were also among the four men included in ECHR’s June decision. Bagirov said authorities tortured him during his detention. In 2015, authorities arrested Bagirov on charges of extremism following a police raid of a home where he was preaching. Five attendees and two officers died in the raid.
In nine cases concluded in September, the ECHR accepted the government’s admission that it had violated the rights of multiple individuals to freedom of religion or belief. One case involved seven Muslims who were detained when they met at a home in Baku in 2015 to discuss the works of Nursi. In another case, authorities detained four Jehovah’s Witnesses when they met at a member’s home in Ganja in 2010. The government paid 4,400 euros ($5,400) in compensation to the Muslims and 4,000 euros ($4,900) to the Jehovah’s Witnesses following the decisions. In these cases, as well as in earlier cases where the government admitted culpability, the victims said they were concerned by both the low level of compensation the government offered and what they saw as its failure to change the laws to ensure similar violations did not occur again. Forum 18 said there were 34 cases alleging violations of freedom of religion or belief involving 61 individuals and five religious communities that were pending before the ECHR at year’s end.
Throughout the year, courts continued reviewing appeals and sentencing individuals detained after the July 2018 assault on Elmar Valiyev, the then-head of the Ganja City Executive Committee, and the subsequent stabbing to death of two police officers during a related demonstration against local government authorities. In response to the 2018 events, police killed five persons and detained 77 others during special operations in Ganja, Shamkir, Sumgait, and Baku. The government said the convicted individuals were part of a Shia “extremist conspiracy” to destabilize the country, and that those killed had resisted arrest. Civil society activists and family members disputed the government’s account of events and stated the five individuals whom security forces killed hade not resisted arrest. The Ganja Court of Grave Crimes conducted the trials in Baku in what observers said was an effort to avoid causing further social unrest in Ganja. Those convicted received sentences ranging from 18 months to 18 years imprisonment. With the exception of Yunis Safarov, who was accused of trying to shoot Valiyev, civil society activists and human rights advocates considered the vast majority of the verdicts to be politically motivated. They estimated 43 individuals connected to the events in Ganja remained in prison at year’s end.
Authorities continued legal action against individuals associated with the unregistered group MUM. Authorities stated the movement mixed religious and political ideology and said they were concerned about its ties to Iran. Charges against MUM members included illegal possession of weapons, violation of the COVID-19 quarantine regime, and “resisting police” (a broad offense that includes not obeying police orders). As in prior years, human rights advocates and other civil society activists characterized the charges as baseless and designed to preclude political activity. According to data collected by human rights advocates, at year’s end, the estimated number of believers who were political prisoners ranged from 41 to 48, compared with 45 to 55 in 2019.
On March 13, police detained MUM member Elvin Muradov. On September 25, the Narimanov District Court sentenced him to two years and three months in prison for illegal possession of a weapon. On June 22, police detained MUM member Shamil Hasanov. On October 27, the Binagadi District Court sentenced him to four years and six months in prison for illegal possession of a weapon. During the year, authorities placed multiple members of MUM under administrative arrest for allegedly violating the COVID-19 quarantine regime and “resisting police.” For example, on March 21, the Sabunchu District Court sentenced Samir Babayev to 30 days of administrative arrest. On April 12, the Khatai District Court sentenced Hikmat Agayev to 25 days of administrative arrest. On June 10, the Imishli District Court sentenced Alik Aslanov to 15 days of administrative arrest.
On April 6, a presidential pardon released a number of individuals over the age of 65 because of concerns over COVID-19-related risks to elderly prisoners. The released individuals included two religious activists whom human rights advocates considered political prisoners, including one person arrested after a large November 2015 police operation targeting members of MUM.
Some minority Christian communities said the SCWRA made efforts to create more favorable conditions for their activities than in prior years, such as by becoming more responsive to their requests and concerns and establishing closer communication with them. The groups said there were fewer instances of officials raiding the premises of religious communities or detaining and fining individuals in connection with peaceful practice of their religion or beliefs than in years past. Jehovah’s Witnesses stated there were no detentions related to practice of their religion during the year, compared with 18 in 2019. They attributed the lack of incidents to improved relations with the SCWRA and their reduced public proselytizing during the COVID-19 pandemic.
The government did not implement alternative military service for conscientious objectors, despite being required to do so by the constitution, or make any draft law public. According to Forum 18, on March 30, ruling party deputy Siyavush Novruzov recommended parliament adopt an alternative service law. In April 2019, the Supreme Court rejected the appeals of Jehovah’s Witnesses Emil Mehdiyev and Vahid Abilov of their 2018 convictions and one-year probation sentences for criminal evasion of military service. Mehdiyev and Abilov filed an appeal with the ECHR, on which the court had not ruled as of year’s end.
During the year, the SCWRA registered 14 new religious communities (12 Muslim and two Christian), compared with 34 religious communities registered in 2019 (31 Muslim and three Christian). There were a total 963 registered communities at the end of the year, of which 37 were non-Muslim – 26 Christian, eight Jewish, two Baha’i, and one the International Society of Krishna Consciousness. The SCWRA also said 2,250 mosques, 14 churches, and seven synagogues were registered. There were 23 Christian prayer houses (worship spaces that did not have the status of a church), one Baha’i house of worship, and one Krishna Consciousness house of worship in the country at year’s end.
The SCWRA said it continued to provide letters authorizing previously registered communities to operate, based on their pre-2009 registration. While the SCWRA maintained its prohibition on these communities’ religious activities in locations not covered under their pre-2009 registration status, it occasionally granted exceptions upon request.
The government said the inability of some groups to obtain registration stemmed solely from the groups’ inability to meet the law’s requirement of 50 members and that the government did not take administrative action against unregistered religious communities. The government said reducing the minimum number of members below 50 would promote extremism. Religious communities continued to state frustration with government registration requirements, particularly the 50-member minimum. For example, Baptist communities in the towns of Zagatala and Shirvan did not have sufficient members to apply for legal registration. Jehovah’s Witnesses were registered only in Baku. Regional branches of Baptists and Jehovah’s Witnesses stated they were unable to obtain legal registration, although they stated they were able to worship openly despite being unregistered. Forum 18 reported that in January, the SCWRA told the Baptist community in the village of Aliabad, which has been seeking legal status since 1994, that SCWRA had “no objection” to the group meeting once per week for two hours, despite it not having legal status. Some Protestant and home-based church leaders stated their inability to obtain legal registration forced them to keep their activities quiet for fear of government repercussions.
On September 23, the Supreme Court upheld the verdict of the Baku Administrative Court, which on January 30, 2019 declined to review the complaint of former parliament employee Rahim Akhundov. Akhundov stated that in December 2018 he was forced to resign from his professional position in the International Relations Department due to his Christian faith. He stated he had been threatened with dismissal if he did not resign voluntarily. According to Akhundov, security services conducted surveillance on him and his home, and informed parliamentary leadership that he held prayer meetings at his house and proselytized.
On August 28, authorities did not permit Shia believers to gather in mosques or mosque courtyards to mark the Ashura religious commemoration because of COVID-19 quarantine restrictions that applied to all public gatherings, regardless of the purpose. Police detained numerous individuals in Shamkir, Yevlakh, Barda, and Lankaran for trying to observe Ashura in spite of the prohibition on gatherings. Judges sentenced at least six individuals to administrative detention ranging from 10 to 30 days.
Forum 18 said government officials sometimes refused to give birth certificates to Georgian-speaking families for children with Georgian first names or to Baptists wishing to give their children biblical names. According to Forum 18, without a birth certificate, a child may not attend kindergarten or school, be treated in a hospital, or travel abroad. The NGO said that in the early part of the year, following a one-year delay, officials granted a birth certificate to a family in Aliabad who had named their son Daniel. An individual close to the family told Forum 18, “The parents chose the name for religious reasons. But officials refused and insisted they choose an Azeri name.”
The SCWRA stated it prohibited the importation of 52 books out of 3,680 and the publication of six books out of 205. By comparison, in 2019 the SCWRA prohibited the importation of 216 books out of 3,888, and the publication of 14 books out of 239.
On October 22, the ECHR ruled in the case of Jehovah’s Witness Nina Gridneva. The court dismissed the case because the parties had reached a settlement in which the government recognized it had violated her rights under the European Convention on Human Rights and committed to pay her 4,500 euros ($5,500) as compensation. In 2010, police stopped Gridneva while she was distributing religious literature on the street and officers seized the materials. A local court subsequently fined her for distributing “illegal” religious literature.
The ECHR ruled on February 20 that the government had violated the rights of Jehovah’s Witnesses by banning three of their publications from importation and distribution in 2008. The ECHR ordered the government to pay compensation for the violation and refund court fees Jehovah’s Witnesses incurred trying to challenge the bans in local courts.
According to Shia Rights Watch, in June, officials demolished the Hazrat Zahra Mosque in Baku, saying the building was condemned, and undertook construction of a new mosque on the same site. The government had attempted to demolish the mosque in 2008; however, due to demonstrations, demolition was postponed.
The government continued to allocate funds to “traditional” religious groups. On June 2, President Ilham Aliyev signed a decree allocating two million manat ($1.18 million) to the CMB for the needs of Muslim communities and 350,000 manat ($206,000) each to the Baku Diocese of the Russian Orthodox Church and the religious community of Mountain Jews, the same amounts as in 2019. The decree also allocated 150,000 manat ($88,200) each to the European Jewish community, the Albanian-Udi community, and the Catholic Church of Baku, and 100,000 manat ($58,800) to the Moral Values Promotion Foundation, the same amounts as in 2019. Some observers stated the Moral Values Promotion Foundation’s funding amounted to further government control over the practice of Islam.
The government did not exercise control over Nagorno-Karabakh or the surrounding territories throughout much of the year. During 44 days of intensive fighting in the fall in and around Nagorno-Karabakh involving Armenia, Armenia-supported separatists, and Azerbaijan, significant casualties and atrocities were reported by all sides. After Azerbaijan, with Turkish support, reestablished control over four surrounding territories controlled by separatists since 1994, a Russian-brokered ceasefire arrangement announced by Azerbaijan and Armenia on November 9 resulted in the peaceful transfer of control over three additional territories to Azerbaijan as well as the introduction of Russian peacekeepers to the region.
Human Rights Watch stated Azerbaijani forces attacked and damaged the Holy Savior Cathedral in Shusha in two separate incidents on October 8. Reporters on-site during the attack reported a drone flying overhead at the time and that the two strikes were made by high-precision missiles. There was reportedly no evidence the site was used for military purposes. In an October 26 interview, President Aliyev denied purposefully bombing the church, saying it was bombed by accident or was done by the Armenians themselves to frame Azerbaijan. Armenian religious officials accused Azerbaijan forces of desecrating the Holy Savior Cathedral after taking control of the city of Shusha on November 14. Photographs circulated on the internet showed graffiti on the outer walls of the cathedral. Azerbaijani media said the graffiti in the online images had been photoshopped.
Numerous videos circulated during and after the fall fighting that showed attacks on and vandalism of cultural and religious sites. These videos prompted Armenian officials, religious leaders, and civil society representatives to express serious concerns regarding the preservation of the sites as they passed from Armenian to Azerbaijani control. Following the ceasefire, leaders of the Armenian Apostolic Church requested that Russian peacekeepers protect the medieval Dadivank Monastery in the district of Kalbajar, a territory returned to Azerbaijani control after the fall fighting, fearing its carvings could be destroyed and that without protection the site would become inaccessible. Russian peacekeepers took control of the site immediately following a November 14 call between Russian President Vladimir Putin and Armenian Prime Minister Nikol Pashinyan. President Aliyev’s public claim that “the churches in Kalbajar belong to the ancient Caucasian Albanian state” raised concerns among Armenians that Azerbaijan might seek to sever some religious sites’ connections with their Armenian heritage.
Armenian media reported both during and after the fall fighting that representatives of the Azerbaijani armed forces deliberately targeted monuments of historical, religious, and cultural significance. On November 14, a person whom local media identified as Azerbaijani posted a video on Facebook showing the alleged destruction of the dome and the bell tower of the St. John the Baptist Church (also known as Kanach Zham/Green Church) located in Shusha.
There were also videos of soldiers desecrating and damaging the Church of Zoravor St. Astvatsatsin, located in Mekhakavan settlement, including the breaking of the church’s cross. When the Church of Zoravor St. Astvatsatsin was constructed in 2017 by Armenia-supported de facto authorities as a military chapel, Azerbaijan formally protested the construction on “occupied lands” in a depopulated area as a violation of international humanitarian law.
Section III. Status of Societal Respect for Religious Freedom
Local experts on religious affairs and civil society representatives stated citizens continued to tolerate and, in some cases, financially support “traditional” minority religious groups, such as Jews, Russian Orthodox, and Catholics, but many persons viewed groups considered “nontraditional,” such as Baptists and Jehovah’s Witnesses, with suspicion and mistrust.
The executive director of the Moral Values Promotion Foundation, Mehman Ismayilov, said that during the year, the foundation provided monthly assistance to 984 Muslim religious figures serving in mosques, including imams and deputy imams, and transferred 100,000 manat ($58,800) to 22 non-Muslim communities.
Section IV. U.S. Government Policy and Engagement
The Ambassador and other embassy officers engaged government officials to advocate for the release of individuals that NGOs stated were imprisoned for their religious beliefs. The Ambassador and embassy officers also pressed the government to implement an alternative to military service for conscientious objectors, as stipulated in the constitution. They met with senior Cabinet of Ministers, SCWRA, and CMB officials to urge resolution of longstanding issues regarding the registration process for smaller religious communities and other obstacles faced by religious minorities. The Ambassador advocated at the highest levels of government for the protection of religious and cultural sites in the newly returned territories. During the Nagorno-Karabakh conflict and in the months following the ceasefire arrangement, the Ambassador consistently underscored the importance of granting unimpeded access to religious and cultural sites to UNESCO and international journalists with Azerbaijan’s Presidential Administration and the Ministry of Foreign Affairs.
The Ambassador and embassy officers continued to meet regularly with leaders of registered and unregistered religious communities and with representatives of civil society to discuss issues related to religious freedom, alternative military service, and relations with SCWRA. Officials also consulted with theologians. In a program intended to empower women involved in work with religious organizations, the embassy sponsored the travel of a group of five female employees working for the SCWRA and CMB to the United States from March 4 to March 13. In the United States, the group met with representatives of different interfaith and religious organizations, visited different houses of worship, and learned about the role of women in American religious communities.
Belarus
Executive Summary
The constitution grants individuals freedom to profess and practice any religious belief but prohibits religious activities directed against the sovereignty of the state, its constitutional system, and “civic harmony.” A concordat grants the Belarusian Orthodox Church (BOC) rights and privileges not granted to other religious groups, although the law also acknowledges the historical importance of the “traditional faiths” of Catholicism, Judaism, Islam, and evangelical Lutheranism. By law, all registered religious groups must seek permits to hold events outside of their premises, including proselytizing activities, and must obtain prior governmental approval to import and distribute religious literature. The law prohibits all religious activity by unregistered groups. The country experienced massive peaceful protests met with what most observers considered a brutal government crackdown following the August 9 presidential election, which civil society and human rights groups, the Organization for Security and Cooperation in Europe, the EU, the United Kingdom, and the United States, among others, stated was fraudulent. Demonstrators protested electoral fraud, and authorities responded with widespread violence against peaceful protesters, the opposition, journalists, and ordinary citizens. Most of those detained, jailed, or fined – including clergy – were charged indiscriminately with “organizing or participating in unauthorized mass events.” Authorities continued their surveillance of minority and unregistered religious groups. Religious groups met less frequently at their own discretion due to COVID-19 infection concerns. At the same time, authorities focused less on monitoring religious groups as they were preoccupied with other issues, including the COVID-19 pandemic, a struggling economy, the presidential campaign, and the election-related protests that followed. Some minority religious groups, including Jehovah’s Witnesses, continued to have difficulty registering, and most said they avoided trying to register during the year because of COVID-19 and the unsettled political situation. Roman Catholic groups again stated the government denied visas and requests to extend the stay of some foreign clergy (notably priests from Poland). On August 31, the government blocked the return of Catholic Archbishop Tadeusz Kondrusiewicz from a visit to Poland, despite his being a Belarusian citizen. Authorities allowed the Archbishop to return on December 23. Throughout the year, authorities continued to support commemoration of victims of the Holocaust and preservation of Jewish cemeteries.
Anti-Semitic comments appeared on social media and in comment sections of local online news articles, although it was not clear that all of the comments could be attributed to Belarusians. Interdenominational Christian groups continued to work together on education and charitable projects.
Throughout the year, the Charge d’Affaires and other U.S. embassy officials regularly engaged with the government, including at the highest levels, on religious freedom issues, including registration of religious communities, the return of Archbishop Kondruszewicz, and anti-Semitism. The Secretary of State and Ambassador at Large for International Religious Freedom publicly called on the country’s authorities to allow Archbishop Kondrusiewicz to reenter the country and lead the Roman Catholic Church there. The Charge d’Affaires and other embassy officials met with Jewish groups to discuss anti-Semitism and the preservation of Jewish religious heritage. Embassy officials also met with Orthodox Christians, Roman Catholics, Protestants, Jehovah’s Witnesses, and other groups as well as with civil society activists and lawyers for religious groups to learn about their religious activities and discuss government actions affecting the exercise of religious freedom.
Section I. Religious Demography
The U.S. government estimates the total population at 9.5 million (midyear 2020 estimate). According to a 2016 survey by the state Information and Analytical Center of the Presidential Administration (the latest such data available), approximately 53 percent of the adult population belongs to the BOC and six percent to the Roman Catholic Church. According to the state survey, eight percent of the adult population is atheist, and 22 percent is “uncertain.” Smaller religious groups together constituting approximately two percent of the population include Jews, Muslims, Greek Catholics (“Uniates” or members of the Belarusian Greek Catholic Church), Old Believers (priestist and priestless), members of the Belarusian Autocephalous Orthodox Church and other Orthodox Christian groups, Lutherans, Jehovah’s Witnesses, Apostolic Christians, Presbyterians and other Protestant groups, Armenian Apostolics, Latin Catholics, members of the International Society of Krishna Consciousness, Baha’is, members of The Church of Jesus Christ of Latter-day Saints, and Buddhists. Jewish groups state there are between 30,000 and 40,000 Jews. Most ethnic Poles, who constitute approximately 3 percent of the population, are Roman Catholic.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution grants individuals the freedom to profess any religious belief and participating in the performance of acts of worship is not prohibited by law. It stipulates all faiths are equal before the law. The constitution states relations between the state and religious organizations shall be regulated by the law “with regard to their influence on the formation of the spiritual, cultural, and state traditions of the Belarusian people.” It prohibits activities by religious groups that are directed against the country’s sovereignty, its constitutional system, and civic harmony; involve a violation of civil rights and liberties; “impede the execution of state, public, and family duties” by its citizens; or are detrimental to public health and morality. The constitution states the law shall determine the conditions for exemption from military service and the performance of alternative service as a substitute.
The Office of the Plenipotentiary Representative for Religious and Nationality Affairs (OPRRNA) regulates all religious matters. The office takes part in drafting and implementing state policies on religious affairs, enforces and protects religious rights and freedom, monitors activities of religious organizations and compliance with their charters, regulates relations between the state and religious organizations, liaises with state agencies and religious organizations upon their request, promotes tolerance and mutual understanding between religious organizations of various faiths and nationalities, and researches dynamics and trends in interdenominational relations to prevent “religious exclusiveness” and disrespectful treatment of religions and nationalities. OPRRNA has one deputy and the office has two subdivisions, a section for religious affairs and a section for nationalities affairs. The executive committees of the country’s six regions and Minsk city have departments for ideology and youth engagement, which include religious issues. These departments are independent from OPRRNA but share information. The plenipotentiary representative heading OPRRNA is appointed and dismissed by the President, based on a nomination from the Council of Ministers. The plenipotentiary office performs the functions of a government body and is subordinate to the Council of Ministers.
The law recognizes the “determining role” of the BOC, an exarchate (affiliate) of the Russian Orthodox Church, in the development of the traditions of the people, as well as the historical importance of religious groups commonly referred to as “traditional” faiths: Catholicism, Judaism, Islam, and evangelical Lutheranism. The law does not consider as traditional faiths newer religious groups or older groups such as the priestless Old Believers, Greek Catholics (Uniates), and the Calvinist churches, which have roots in the country dating to the 17th century.
A concordat between the government and the BOC provides the Church with autonomy in its internal affairs, freedom to perform religious rites and other activities, and a special relationship with the state. The concordat recognizes the BOC’s “influence on the formation of spiritual, cultural, and national traditions of the Belarusian people.” Although it states it does not limit the religious freedom of other religious groups, the concordat calls for the government and the BOC to combat unnamed “pseudo-religious structures that present a danger to individuals and society.” The BOC, unlike other religious communities, receives state subsidies. In addition, the BOC possesses the exclusive right to use the word “orthodox” in its title and to use as its symbol the double-barred image of the Cross of Saint Euphrosyne, the country’s Orthodox patron saint.
The concordat serves as the framework for agreements between the BOC and individual state agencies. There are at least a dozen agreements, including with the Ministries of Defense, Health Care, and Information. There is also an agreement with the Ministry of Education through 2020 that provides for joint projects for the “spiritual and moral education” of students based on BOC traditions and history.
The law establishes three tiers of registered religious groups: religious communities, religious associations, and national religious associations. Religious communities must include at least 20 persons older than 18 who live in one or several adjoining areas. Religious associations must include at least 10 religious communities, and one of these communities must have been active in the country for at least 20 years. National-level religious associations have the ability to institute regional and local level religious associations. National religious associations may be formed only when they comprise active religious communities in at least four of the country’s six regions.
According to OPRRNA data, as of January 1, there were 25 religious faiths and denominations registered in the country, encompassing 3,389 religious communities and 174 religious associations, monasteries, missions, brotherhoods, sisterhoods, and schools. The BOC has 1,709 religious communities, 15 dioceses, six schools, 35 monasteries, one mission, 15 brotherhoods, and 10 sisterhoods. (The latter two are clergy-led lay organizations.) The Roman Catholic Church has four dioceses, six schools, 11 missions, nine monasteries, and 498 communities. Protestant religious organizations of 13 denominations encompass 1,038 religious communities, 21 associations, 22 missions, and five schools. There are 34 registered religious communities of Old Believers. There are three Jewish religious associations – Orthodox, Chabad-Lubavitch, and Reform Judaism – comprising 53 communities, including 10 autonomous communities. In addition, 24 Muslim religious communities – 23 Sunni and one Shia – are registered.
The national religious associations are the BOC, Roman Catholic Church, Old Believers Church, Union of Evangelical Christian Baptists, Union of Christians of Evangelical Faith, Confederation of Christian Seventh-day Adventists, Association of New Apostolic Churches, Union of Full Gospel Christian Churches, Association of Jehovah’s Witnesses, Union of Evangelical-Lutheran Churches, Jewish Religious Union, Association of Jewish Religious Communities, Union of Reform Judaism Communities, Muslim Religious Association, Spiritual Board of Muslims, and the Religious Association of Baha’is.
To register, a religious community must submit an official application containing the following information: a list of its founders’ names, places of residence, citizenship, and signatures; copies of its founding statutes; the minutes of its founding meeting; and permission from regional authorities confirming the community’s right to occupy or use any property referenced in its founding statutes. A religious group not previously registered by the government must also submit information about its beliefs. The law stipulates authorities may take up to six months to review a new registration application due to an additional evaluation of the religion by a state-appointed religious commission of experts. The commission evaluates the fundamental teachings of the religion as well as its rituals, practices, history, and forms and methods of activities; welfare and charitable services; proselytizing and missionary activities; approaches toward marriage and family; educational activities; attitudes toward health care; and compliance with legal requirements. In addition, the community must submit any texts written by its founder or considered sacred by the followers of the religion, information about prohibitions on clergy or adherents, a list of countries where the religion is widely practiced, and a list of countries officially recognizing the religion. It also must submit information about countries that have refused to recognize the religion and information about court cases against followers of the religion in other countries.
Regional government authorities as well as Minsk city authorities or local municipal authorities (for groups outside of Minsk) review all registration applications. Permissible grounds for denial of registration include failure to comply with requirements for establishing a community, an inconsistent or fraudulent charter or other required document, violations of the procedures to establish religious organizations, and a negative evaluation by the state-appointed religious commission of experts. Communities may appeal refusals in court.
To register as a religious association or national religious association, a group must provide an official application with a copy of the founding statutes, a list of members of the managing body with biographical information, proof of permission for the association to be at its designated location, and the minutes from its founding congress. Religious associations have the exclusive right to establish religious educational institutions and organize cloistered and monastic communities. All applications to establish religious associations and national associations must be submitted to OPRRNA, which has 30 days to respond. Grounds for refusal are the same as for religious communities, except they also include failure to comply with requirements for establishing an association rather than a community. Refusals or a failure by OPRRNA to respond within the 30-day period may be appealed in court.
The law confines the activities of religious communities and associations to the jurisdictional area where they are registered. The law permits state agencies in charge of registration to issue written warnings to a registered religious group for violating any law or undertaking activities outside the scope of responsibilities in the group’s charter. The government may apply to a relevant court, depending upon jurisdiction, to shut down the group if it has not ceased the illegal activity outlined in the written warning within six months or if the activity is repeated within one year of the warning. The government may suspend activities of the religious group pending the court’s decision. The law does not contain a provision for appealing a warning or suspension.
The housing code permits religious groups to hold services at residential premises if local authorities grant permission. Local authorities must certify the premises comply with a number of regulations, including fire safety, sanitary, and health code requirements. The government does not grant such permission automatically, and the law does not permit religious groups to hold services in private residences without prior permission from local authorities.
By law, all religious groups must obtain permits to hold events outside of their premises, including proselytizing.
The law requires organizers to notify authorities of a mass event, including those involving religious groups, planned at a designated location no later than 10 days before the event. Authorities must inform organizers of a denial no later than five days before the event. Denials may be issued for one of two reasons: the event conflicts with one organized by a different individual or group; or the notification does not comply with regulations. Organizers of mass events outside designated locations must apply at least 15 days in advance, and authorities are required to respond no later than five days prior to the event.
The government has a system of reimbursements for security, medical, and cleaning services required from organizers of mass events, including religious events held outside of religious premises and sites, rallies, competitions, cultural events, festivals, concerts, and similar occasions. If an application is approved, organizers must sign contracts for such services two days in advance and must reimburse all costs within 10 days.
The law requires all religious groups to receive prior governmental approval to import and distribute religious literature. The approval process includes official examination of the documents by state-appointed religious studies experts.
Although there is no law providing for a systematic restitution process for property, including religious property, seized during the Soviet and Nazi periods, groups may apply for restitution to local authorities. The law on religion specifically bans the restitution of seized property being used for cultural or sports purposes
The law permits associations and national associations to establish schools to train clergy but does not permit religious communities to do so.
The law permits only registered religious groups that are members of national religious associations to organize extracurricular religious activities at educational institutions. The law states the national religious association must first conclude an agreement on cooperation with the Ministry of Education; the BOC is the only religious group to have such an agreement. Students who wish to participate in voluntary “moral, civic, and patriotic education” in collaboration with religious groups must either provide a written statement expressing their desire to participate or secure their legal guardians’ approval. According to the law, “Such education shall raise awareness among the youth against any religious groups whose activities are aimed at undermining Belarus’s sovereignty, civic accord, and constitutional system or at violating human rights and freedoms.”
The law prohibits religious groups from conducting activities in any school without identifying themselves. It also prohibits visits from representatives of foreign religious groups; missionary activities; collections of donations or fees from students for religious groups or any charity; distribution of religious literature, audio, video, and other religious materials; holding prayer services, religious rituals, rites, or ceremonies; and placing religious symbols or paraphernalia at educational institutions.
The law does not allow private religious elementary, junior, or senior high schools or homeschooling for religious reasons.
The law establishes penalties ranging from fines to five years in prison for failure to fulfill mandatory military service, with an exemption for conscientious objectors for religious reasons. The law allows alternative civilian service for conscientious objectors. By law, individuals who evade alternative civilian service may face up to five years in prison.
Only registered religious associations may apply to OPRRNA for permission to invite foreign clergy to the country. OPRRNA must grant permission before foreign clergy may serve in local congregations, teach or study at local institutions, or participate in charitable work. The government generally grants such permission for a period of one year, which may be reduced or extended. OPRRNA has 30 days to respond to requests for foreign clergy permits (religious visas) and may deny requests without explanation. There is no provision for appeals.
By law, the government permits foreign missionaries to engage in religious activity only in the territorial area where their religious association is registered. Transfers of foreign clergy within a religious association, including from one parish to another, require prior government permission. By law, foreigners may not lead religious groups. Authorities may reprimand or expel foreign citizens who officially are present in the country for nonreligious work if they lead any religious activities. Law enforcement agencies on their own initiative or in response to recommendations from other government entities, such as the security service, may require foreign clergy to depart the country – a decision which cannot be appealed.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The August 9 presidential election, which civil society and human rights groups, the Organization for Security and Cooperation in Europe, the European Union (EU), the United Kingdom, and the United States, among others, stated was fraudulent, prompted massive peaceful protests. The government responded with what most observers considered a brutal crackdown against what it deemed to be “unauthorized mass events.” Human rights groups reported more than 33,000 persons were detained and at least four killed by security forces by year’s end. Some of the “unauthorized” gatherings were organized by religious groups in response to violent actions by security forces and widely reported human rights abuses. Because religion and politics are often closely linked, it was sometimes difficult to categorize incidents in which religious communities participated as being solely based on religious identity.
The peaceful public protests generally sought an end to violent action by police and called for the release of political prisoners, investigations into human rights abuses by the authorities, Belarusian leader Alyaksandr Lukashenka’s peaceful departure from office, and new free and fair elections. Those postelection protests that involved public prayer largely focused on calling for peace and an end to violent actions by authorities. Some clergy were among those detained during the postelection protests. For example, on August 13, Orthodox priest Uladzimir Drabysheuski stood in front of the investigative committee office in Homyel holding a banner that said, “Stop the Violence.” A district court convicted him on charges of participating in an unauthorized mass event and sentenced him to 10 days in jail on September 18. He was additionally convicted on similar charges for a protest on September 6 and given a sentence of 15 additional days of arrest on September 28.
Forum 18, an international nongovernmental organization (NGO) focused on international religious freedom, said in October there were “violations of freedom of religion and belief and of the interlinked freedoms of expression, association, and assembly in the country” that “worsened amid widespread continuing protests against falsified results of the August 2020 presidential election and against the regime’s other serious violations of the human rights of the people it rules.” The NGO stated that the government detained and charged individuals with civil penalties for participating in unauthorized mass events when they took part in public prayer events that called for peace and an end to violent actions by security forces in Minsk, Hrodna, Lida, and other cities.
On August 26 and 27, members of religious communities were among the protesters in Minsk’s Freedom Square – also the location of Orthodox and Roman Catholic cathedrals – who intended to march to Independence Square. During the protest events, Uladzimir Vladimir Mayoraurov, a Protestant, was detained and sentenced to eight days in jail after preaching against violence to riot police in Freedom Square. On August 27, a group of Protestants led by Pastor Taras Telkouski of Trinity Church prayed outside the doors of the Holy Spirit Orthodox Cathedral on Freedom Square and then marched to the nearby Roman Catholic Blessed Virgin Mary Cathedral. Telkouski was detained, charged with “organizing an unauthorized mass event,” and fined 810 rubles ($310).
According to media reports, on August 16, while security forces indiscriminately detained and beat protesters in Minsk, riot police also detained Aleksandr Fruman. Upon learning that he was an Israeli citizen, police beat him with a rubber truncheon while shouting anti-Semitic insults, according to Fruman, and told him that “it was time to get another circumcision.” He was released a few days later. Jewish community leaders said they observed no increase in anti-Semitism during the postelection protests, and they did not express concerns that their community members who participated were targeted for their ethnicity or religious beliefs by police.
Religious leaders spoke out together against violence and in favor of societal dialogue after the August 9 election, expressing sympathy for those hurt in the violence. On August 14, in his address to Lukashenka and government officials, Archbishop Kondrusiewicz said, “In the name of such a necessary peace in our Fatherland and national harmony, I appeal to authorities to start a constructive dialogue with society, end the violence, and immediately release all innocent citizens detained at peaceful rallies.” He condemned “the bloodshed on the streets, the beating of peaceful demonstrators who want to know the truth, the cruel treatment of detainees, and their detention in inhuman conditions in prisons” as “a grave sin on the conscience of those who give criminal orders and commit violence.” On August 17, then Belarusian Orthodox Metropolitan Pavel visited a Minsk hospital, where he stated that the BOC was apolitical, but he spoke out against violence and noted the hospital’s patients included protesters, bystanders, and those injured in police custody. On August 18, the Catholic Church in Belarus – together with the BOC, Protestant denominations, and Jewish and Islamic communities – hosted an interfaith service in Minsk to pray for a peaceful resolution to the postelection crisis and an end to violence and hatred among all sides. In response, authorities said remarks by religious leaders constituted interference in political affairs.
On August 31, border guards denied Archbishop Kondrusiewicz reentry into the country after a trip to Poland. The Archbishop had spoken out against violent actions by security forces and prayed in front of a detention center in Minsk after unsuccessfully trying to visit peaceful protesters arrested following the August election. Kondrusiewicz, a Belarusian citizen, said he was given no explanation at the border for why he was denied his legal right to return. Authorities said they placed him on a no-entry list and revoked his passport while they probed allegations he maintained multiple citizenships. The Archbishop reportedly only maintained Belarusian citizenship. On December 23, Lukashenka allowed Kondrusiewicz to return, following repeated intervention by the United States, EU member states, and the Vatican.
Religious community leaders condemned the authorities’ actions barring Archbishop Kondrusiewicz from the country. Bishop of the Pentecostal communities Leanid Varanenka stated on September 1 that Kondrusiewicz “raised his voice in defense of peace, mercy, and unity and in condemnation of violence, lies, and hatred. This is the spiritual, moral, and ethical duty of any clergy and does not represent political activity.”
On April 7, the Prosecutor General’s Office refused a request from Russia to extradite member of Jehovah’s Witnesses and Russian citizen Nikolai Makhalichev, who was subsequently released after being arrested during an identity check in Haradok, Vitsebsk Oblast, on February 21. Makhalichev applied for asylum on the day of his arrest, and the government later approved his request. He told the press that he was not aware of a criminal case opened against him in Russia in 2019 on charges of “organizing and financing an extremist organization,” allegedly based on his religious practice as a member of Jehovah’s Witnesses. Jehovah’s Witnesses are classified as “extremists” under Russian law.
Human rights defenders said they remained concerned about the authorities’ ability to apply charges arbitrarily for organizing, running, or participating in unregistered religious organizations. Authorities did not use this provision of law specifically against religious organizations during the year, but human rights organizations said they continued to view it as a threat against religious freedom.
Christian groups continued to state the registration requirements for religious groups remained complex and difficult to fulfill, which they said restricted their activities, suppressed freedom of religion, and legalized criminal prosecution of individuals for their religious beliefs. The government’s guidelines for evaluating registration applications remained sufficiently broad, they said, to give authorities a pretext for denying applications from unfavored groups.
Nontraditional religious groups continued to state the procedure for registering and using residential premises for religious gatherings remained cumbersome and arbitrary. During the year, authorities in Lida and Barysau rejected applications from communities of Jehovah’s Witnesses – two new applications in Lida and an appeal of a denied application in Barysau. In addition, OPRRNA denied two applications from the Jehovah’s Witnesses to register a mission.
Some minority religious groups stated that they did not apply for registration because their members feared harassment by authorities and did not want to submit their names, as required by the application process. Other minority religious groups preferred to negotiate registration and other concerns with local authorities, but few registration attempts were made during the year. Some communities said they decided to postpone their registrations until the end of the COVID-19 pandemic due to health concerns.
As of year’s end, the government had taken no action on a November 2018 UN Human Rights Committee recommendation that the state repeal mandatory state registration of religious communities.
Many unregistered religious groups stated they continued to maintain a low profile because of fear of prosecution and perceived government hostility. Some registered religious communities said they were reluctant to report restrictions because they feared drawing attention to themselves.
Prior to the COVID-19 pandemic, authorities granted permission on a regular basis to clergy who requested access to visit prisoners. Some clergy were denied permission to visit protestors who had been detained after the August 9 election. Many prisons maintained designated Orthodox religious facilities that Belarusian Orthodox clergy were occasionally allowed to visit through the year.
On September 16, a district court in Lida fined local resident Alyaksandr Shor 270 rubles ($100) for praying outside the Catholic Church of the Exaltation of the Holy Cross. He was part of a group of residents who had gathered to pray there for the return of Archbishop Kondrusiewicz from Poland.
On October 16, a court in Lida fined Roman Catholic and Polish community activist Irena Bernatskaya 810 rubles ($310) for an “unauthorized mass event” led by a group called “Mothers in Prayer,” in which participants gathered to pray for an end to violent actions by security forces outside the walls of the local Roman Catholic cathedral on August 12.
On October 21, Slutsk police dispersed a flower-laying ceremony by Slutsk residents to commemorate victims of the Holocaust. The traditional red and white carnations used for the commemorations matched the historical Belarusian national colors that the opposition and protestors adopted as their own and authorities opposed. Police arrived after approximately 12 to 14 persons placed the flowers near a Holocaust memorial. The small group left the area after a police detention van arrived. According to the organizer, the group did not plan a large rally and had not applied for permission to gather in advance. On October 26, at least four Slutsk residents were fined or were sentenced to 10 days in jail for participating in an “unauthorized mass event.”
On November 18, the General Prosecutor’s Office issued warnings to BOC spokesperson Father Syarhey Lepin and Catholic Bishop Yury Kasabutski. The two were rebuked for their Facebook criticism of authorities’ decision to destroy an unofficial memorial at the site of the beating of Raman Bandarenka, a Minsk resident who died on November 12 after he had been detained and sustained fatal injuries while in police custody. Lepin wrote, “What was the purpose of this diabolic trampling upon candle lamps and icons?” The General Prosecutor said the clergymen’s “statements were aggressive” and “increased tension in society [and] stirred up hatred against the government and hostility towards these social groups.” The warnings came after Lukashenka’s November 17 remarks that “we can’t tolerate this mockery” and his instructions to law enforcement authorities “to make legal assessments of the church officials’ words,” since “there will be no memorials heralding a civil war, as they say, in Minsk or elsewhere.” Lepin resigned as BOC spokesperson after the warnings.
On November 30, a court in Ivatsevichy in Brest Oblast tried Greek Catholic priest Vitali Bystrou for participating in an alleged “unauthorized mass event” in the city of Brest on October 25 and sentenced him to 10 days in jail. While police claimed Bystrou was among protesters holding red and white flags, the priest explained he was simply walking from the church to a train station in his religious clothing, which “is acceptable for my faith.”
On December 3, a court in Rasony District sentenced local Roman Catholic priest Vyachaslau Barok to 10 days in jail for propagating Nazi symbols. Barok, who is also a well-known blogger, posted a photograph of a red and green swastika (the colors of the official Belarusian flag that Lukashenka introduced in 2012) and an emblem with the slogan “Stop Lukascism” on his Instagram account, referencing Lukashenka.
On December 7, police in Vitsebsk arrested local resident Ala Raschinskaya, who had prayed for victims of political repression outside the Catholic cathedral on November 13, and sentenced her to 10 days in jail.
On December 8, authorities in Vitsebsk detained Greek Catholic priest Alyaksei Varanko, Roman Catholic priest Viktar Zhuk, and layman Alyaksei Karyakau for participating in “unauthorized mass events.” They were released the next day after a court dismissed their cases. In a retrial on December 24, the three were warned not to participate in such events in the future.
According to observers, the government continued surveillance of various Protestant denominations. The sources stated that government “ideology officers” (officials in charge of implementing political and social government policies) continued to monitor the activities of members of unregistered religious groups in their workplaces, although there were no reports of prosecutions. Government officials, including from the security forces, reportedly had occasional “informal” talks with members of religious groups to learn about their activities. According to religious leaders, state security officers also continued to attend religious services of registered Protestant communities to conduct surveillance, which group members described as intimidation and harassment.
Religious groups, especially Protestants and Jehovah’s Witnesses, continued to report they remained cautious about proselytizing and distributing religious materials due to their perceptions that they could face intimidation or punishment.
Orthodox literature remained available countrywide. According to media accounts, the BOC was free to proselytize without restrictions on television and in print media as well as in public spaces. Unlike other religious groups, the BOC continued to participate in government-sponsored public events, such as rallies or celebrations, without the need to seek prior approval from authorities. For example, on July 3, the Belarusian Orthodox Metropolitan participated in the annual “Belarus Remembers” Independence Day commemoration along with Lukashenka, veterans, public officials, soldiers, civil society representatives, and Minsk residents. In addition, regional authorities often engaged BOC representatives in their events. On June 5, forestry officials in the town of Slonim and students and faculty of the Minsk Spiritual Seminary planted birch and pine trees, an event which the BOC reported was inspired and organized by Navahrudak Diocese archpriest Dimitri Syemukha.
The national government approved the importation of literature requested by Jehovah’s Witnesses during the year.
After religious leaders called on the security forces to end violent action against peaceful protestors and urged a genuine national dialogue between Lukashenka and the opposition, state-run Radio Belarus One stopped the nationwide broadcast of the 40-minute Roman Catholic Sunday masses from the Cathedral of the Blessed Virgin Mary in Minsk, as well as a brief news summary from Vatican Radio on August 23. Roman Catholic leadership noted the importance of broadcasts during the COVID-19 pandemic, when believers chose not to attend services in order to limit the spread of COVID-19. The state-run Belarusian TV and Radio Company refused to air the annual December 25 Christmas message from the Roman Catholic Church without explanation. The television station did, however, stream the Roman Catholic midnight Mass on December 24.
Authorities continued to deny requests to give the Belarus-based Catholic radio station Radio Mariya a media broadcasting license that would supplement its internet broadcasting. The Ministry of Information denied Radio Mariya’s fifth application in April.
According to local religious groups, communities chose not to pursue many new purchases or rentals of properties as places of worship during the year, partially due to the political situation and the COVID-19 pandemic. However, many communities reported that they did not believe that they faced impediments to purchases or rentals of sanctioned places of worship. Some religious communities with outstanding property cases continued to engage with the government and the legal system to resolve them. Converting residential property for religious use remained difficult. Protestant groups stated they continued to be more severely affected than other groups because they were less likely to own religious facilities, and they said they could not apply for permission to conduct religious activities in private homes because residences were too small to accommodate their numbers.
Saint Simon and Helena Roman Catholic Church parish continued to use its existing church building (also known as the “Red Church”), even though it was owned by the government. During the year, Minsk city authorities billed the parish for costs related to 2018-2019 renovation work, in addition to monthly rent, utilities, and real estate and land taxes, which amounted to a total of 160,000 rubles ($61,600) for 2019. The parish continued to refuse to pay for the land tax, property tax, and renovation work. The parish in 2020 was billed 12,000 rubles ($4,600) monthly. On July 21, St. Simon and Helena Church community members launched a petition seeking the return of the building from the government and collected more than 5,000 signatures in support.
Because of its location in one of Minsk’s main protest sites, authorities occasionally restricted access to the Red Church or chased protesters into it. On August 26, riot police pushed peaceful protesters and journalists into the church and stood guard at the doors, effectively locking them in for approximately an hour. Many of those forced inside engaged in prayer until they were allowed to leave. The government changed the locks on the church’s doors the next day, leaving the parish with one set of keys. Authorities also reportedly cut electricity to the building during rallies outside the church on August 23-25. On August 26, the then-vicar general of the Minsk-Mahilyou Archdiocese, Bishop Yury Kasabutski, condemned the “unacceptable and illegal actions” of riot police and the government and called on authorities to investigate incidents and guarantee freedom of conscience and expression. On September 11, riot police blocked entrances into the church to prevent protesters from hiding inside and detained a number of protesters who fled there. Police reportedly did not detain worshippers or individuals in the church who were present to pray.
Representatives of the Roman Catholic, Belarusian Orthodox, and Protestant communities said authorities did not charge them fees for their religious events. In some cases, however, community leaders had to take personal responsibility for maintaining order and safety at such events. Observers stated that the system of reimbursements for security, medical, and cleaning services for organizers of mass events adopted in 2019 was not intended to prohibit regular worship, nor was it doing so in practice. There were fewer religious events in 2020 due in part to COVID-19 pandemic restrictions. For the ones that were held, authorities did not charge fees, seek reimbursements, or implement other restrictions that had previously forced organizers to cancel similar events.
According to media reports, school administrators continued to cooperate only with the BOC among registered religious groups, based on the BOC’s concordat with the government. School administrators continued to invite Belarusian Orthodox priests to lecture to students, organize tours of Church facilities, and participate in Belarusian Orthodox festivities, programs, and humanitarian projects.
On January 23, Lukashenka signed a decree allocating 1.2 million rubles ($474,000) from reserve funds to cover salaries of professors and employees, as well as stipends for students, of the Belarusian Orthodox seminaries. Protestant groups and the Roman Catholic Church said their schools did not receive any financial support from the government.
On March 26, the BOC and the Ministry of Education signed a 2020-2025 program of cooperation, noting the importance of continued engagement between the church and the government. The program included seminars, lectures, tours to BOC sites, and joint commemorations and celebrations.
Religious groups said the government continued to apply visa regulations inconsistently, which affected the ability of foreign missionaries to live and work in the country. On September 2, OPRRNA on short notice canceled permission to work and preach for Father Jerzy Wilk, a Polish citizen and priest of St. Michael the Archangel Church in the village of Varapaeva in the Vitsebsk region. Wilk departed the country shortly afterwards after having served the community since 2003. While OPRRNA gave no explanation for the decision, representatives of religious communities continued to say that unofficially the government wanted local religious communities to train local citizens as clergy rather than rely on foreigners.
On September 29, Bishop Kasabutski denied allegations that the Roman Catholic Church was used by external forces for political purposes. In a sermon, he said the political allegations made by the head of Russia’s Foreign Intelligence Service (SVR), Sergei Naryshkin, as reported by the SVR press service on September 29, were “fake.” The bishop added that Naryshkin’s allegations that “the United States of America, the CIA, and other organizations are trying to use the Roman Catholic Church to undermine the state system in [Belarus]” were absurd and were “a lie that has nothing to do with the truth.” He said, “Today the Roman Catholic Church tells the truth about the situation in the country, denounces the violence, and calls for solidarity, unity, concord, peace and forgiveness,” adding, “This is how we probably prevent someone from implementing certain scenarios aimed at causing a split in our society and bloodshed.” The bishop also dismissed speculation about tensions in relations among various religious groups in the country. State media reported only Naryshkin’s allegations against the Catholic Church and not the bishop’s statements.
Roman Catholic bishops continued to state that foreign priests faced multiple challenges, including a lengthy government approval process before obtaining permission to celebrate Mass; visas often issued for only three to six months; and administrative difficulties when trying to renew visas. In August, however, local bishops reported that authorities renewed all requested visa applications that had been submitted or were pending review.
According to Forum 18, the government continued to refuse Klemens Werth, a Catholic priest from Russia, permission to engage in religious work. He was allowed to remain in Vitsebsk to continue building a new church, but since he was a foreigner, he was banned from celebrating Mass or otherwise serving.
During the year, Lukashenka repeatedly stated that the political unrest in the country had been supported and financed by Poland along with the Baltic states and the West more broadly. He said the Roman Catholic Church was involved. After authorities barred Archbishop Kondrusiewicz from reentering the country from Poland, Lukashenka stated on September 1 that the Archbishop, a Belarusian citizen, had received “instructions” while in Poland on how to “destroy” Belarus. On November 2, Lukashenka said, “The BOC is not bringing clergy from abroad, from countries foreign to our country, as it is being done by some other denominations. We cannot accept any clergy from Poland when Catholic Poland has taken such a [hostile] position against us. It is not normal.” He urged the Roman Catholic Church to train “more local clergy.”
During the year, the leaders of New Life Church in Minsk continued discussions with city authorities on its status and operations. The government froze the assets of the Church in 2010. The Church continued to use its building for religious purposes, but there were no developments regarding the asset freeze, which remained in place at year’s end.
Authorities continued to permit the BOC to collect charitable donations in public as well as on its religious property. While the law does not restrict other religious groups from raising donations in public, representatives of these groups said authorities continued to limit their fundraising activities to their own places of worship or other properties. The groups said they faced government harassment if they tried to raise donations at other locations.
Speaking at a January 27 event to commemorate International Holocaust Remembrance Day, Deputy Foreign Minister Andrey Dapkiunas emphasized the importance of commemorating the Holocaust “in reiterating the moral, political, and social meaning of the call ‘Never Again,’” which, he said, was “a challenge that still faces humanity – one that demands continuous work.” The chairman of the House of Representatives, Uladzimir Andreichanka, joined world leaders at the January 23 World Holocaust Forum in Jerusalem, and the deputy chairman of the Council of the Republic, Anatoly Isachanka, attended the ceremony marking the 75th anniversary of the liberation of the Auschwitz-Birkenau concentration camp in Poland.
On October 15, the Vitsebsk Jewish community, private donors from Russia, and local authorities unveiled a memorial honoring the 350-year-long history of the local Jewish population at the site of the Jewish cemetery in the village of Yanavichy in Vitebsk Oblast. Community members and local authorities also cleaned the cemetery and cataloged unearthed gravestones.
Section III. Status of Societal Respect for Religious Freedom
An interreligious working group comprising the BOC, Roman Catholic Church, Union of Evangelical Christian Baptists, Union of Evangelical-Lutheran Churches, and Jewish religious communities organized seminars and educational events, some of which were virtual due to COVID-19 pandemic restrictions. The theme for 2020 was “Religions in Belarus in the Period of Social Transformations.” The group held an in-person seminar on February 12 on spiritual development of the country’s society in the context of social justice. In April, the group held an interreligious youth forum that involved seminars dedicated to the “contribution of different religious communities in resolving environmental issues in the interest of Belarus’s sustainable development.” In June, the group organized a seminar targeting youth and discussing different faiths and new methods for the spiritual and moral upbringing of youth and children. On December 21, the group held an online seminar, “Religions in the Context of Innovations in Society and the Economy.”
Anti-Semitic comments appeared on social media and in comment sections of local online news articles, although it was not clear that all of the comments could be attributed to Belarusians.
The BOC continued its annual commemoration in honor of Hauryil Belastoksky (Gabriel of Bialystok), a child allegedly killed by Jews in Bialystok in 1690. The Russian Orthodox Church considers him one of its saints and martyrs, and the BOC falls under the authority of the Russian Church on traditional practices such as this. Jewish community leaders continued to express concern over the traditional memorial prayer recited on the anniversary of Belastoksky’s death on May 3, which states the “martyred and courageous Hauryil exposed Jewish dishonesty” although a trial after the boy’s death acquitted the Jew who was charged with the crime. The BOC in recent years removed some anti-Semitic references about Belastoksky from its online materials and focused more on his role as a regional patron saint of children. Prayers for the commemoration reportedly continued to include anti-Semitic references, however.
Section IV. U.S. Government Policy and Engagement
The Charge d’Affaires and other embassy officials met with government representatives to discuss religious issues. Throughout the year, the Charge d’Affaires regularly engaged with officials at the highest levels of government on issues related to religious freedom, registration of religious communities, and anti-Semitism.
The U.S. Secretary of State and the Ambassador at Large for International Religious Freedom issued several public statements in support of Archbishop Kondrusiewicz, calling for authorities to allow him to return to the country to lead his religious community after being refused reentry from Poland.
The Charge d’Affaires and other embassy officials continued to meet regularly with representatives of the BOC, Roman Catholic Church, Protestants, and minority religious groups as well as with civil society activists and lawyers for religious groups to learn about religious activities and discuss government actions that affected religious freedom. They discussed anti-Semitism and the preservation of Jewish religious heritage with Jewish religious groups as well as government restrictions on registration and operations with Jehovah’s Witnesses and Protestant groups. Embassy officials also continued to hold regular discussions about restrictions on religious freedom with religious freedom activists, religious leaders, lawyers for religious groups, and representatives of the For Freedom of Religion initiative, a group of civil society activists promoting religious tolerance. Embassy officials posted the Secretary of State’s speeches and other materials related to religious freedom on social media.
Belgium
Executive Summary
The constitution provides for freedom of religion, and the law prohibits discrimination based on religious orientation. Federal law bans covering one’s face in public. In September, the federal government recognized the Belgian Buddhist Union, which first applied for recognition as a nondenominational philosophical community in 2008. An application for recognition by the Belgian Hindu Forum, submitted in 2013, remained pending. In December, the government suspended the recognition process for the Great Mosque of Brussels, citing intelligence that it had ties with the Moroccan intelligence agency. In September, the Ghent prosecutor filed a criminal case against the Jehovah’s Witnesses congregation in Kraainem, charging it with inciting discrimination and hatred after a former member said the congregation shunned him when he reported a case of sexual abuse. In June, the Constitutional Court ruled that universities may ban religious symbols on campuses, specifically headscarves, prompting widespread criticism. In December, the Court of Justice of the European Union issued a judgment that a Flemish law requiring the stunning of animals prior to slaughter, including kosher and halal slaughter, is consistent with EU law on religious freedom. The judgment followed a legal challenge by the Jewish and Muslim communities against the Flemish law and a similar one in Wallonia.
Unia (an independent government agency that reviews discrimination complaints) reported that in 2019, the most recent year for which data were available, there were 79 anti-Semitic incidents (compared with 101 in 2018) and 336 incidents (307 in 2018) against other religious groups, 86 percent of which targeted Muslims. Media reported in February that during the annual Aalst Carnival parade, there were anti-Semitic floats and caricatures, as well as marchers who appeared to be dressed as Nazi soldiers.
U.S. embassy officials continued to meet regularly with senior government officials in the Office of the Prime Minister; at the Ministries of Interior, Foreign Affairs, and Justice; and with members of parliament to discuss anti-Muslim and anti-Semitic incidents and discrimination. The Ambassador and other embassy officials met with nongovernmental organizations (NGOs) and religious leaders in Brussels and other communities to address anti-Muslim and anti-Semitic incidents and sentiment and to promote religious tolerance. In October, the Ambassador led a discussion on Muslim issues with academics, religious experts, and civil society leaders.
Section I. Religious Demography
The U.S government estimates the total population at 11.7 million (midyear 2020 estimate). According to the most recent survey in December 2018 by the GESIS-Leibniz Institute for the Social Sciences, 57.1 percent of residents are Roman Catholic, 2.3 percent Protestant, 2.8 percent other Christian, 6.8 percent Muslim (mostly Sunni), 0.6 percent Orthodox Christian, 0.3 percent Jewish, 0.3 percent Buddhist, 9.1 percent atheist, 20.2 percent “nonbeliever/agnostic,” and 0.5 percent “other.” A 2015 study by the Catholic University of Louvain estimated that 42.2 percent of Muslims reside in Flanders, 35.5 percent in Brussels, and 22.3 percent in Wallonia. According to Catholic University of Louvain sociologist Jan Hertogen, based on 2015 data, 24.2 percent of the Brussels population and 7.5 percent of the Antwerp population is Muslim.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution provides for freedom of worship, including its public practice, and freedom of expression, provided no crime is committed in the exercise of these freedoms. It states no individual may be required to participate in any religious group’s acts or ceremonies or to observe the group’s religious days of rest, and it bars the state from interfering in the appointment of religious clergy or blocking the publication of religious documents. It obligates the state to pay the salaries and pensions of clergy (according to law, to qualify clergy must work in recognized houses of worship and be certified by those religious groups), as well as those of representatives of organizations recognized by the law as providing moral assistance based on a nonconfessional philosophy.
The law prohibits discrimination based on religious or philosophical (e.g., nonconfessional) orientation. Federal law prohibits public statements inciting religious hatred, including Holocaust denial. Discrimination based on Jewish descent is distinguished from discrimination against Jewish religious practices. The maximum sentence for Holocaust denial is one year in prison. Courts have interpreted that an antiracism law that prohibits discrimination on the basis of nationality, race, skin color, ancestry, national origin, or ethnicity may be applied to cases of anti-Semitism.
The government officially recognizes Roman Catholicism, Protestantism (including evangelicals and Pentecostals), Judaism, Anglicanism (separately from other Protestant groups), Islam, Orthodox (Greek and Russian) Christianity, and secular humanism.
The law does not define requirements to obtain official recognition. The Ministry of Justice specifies the legal basis for official recognition. A religious group seeking official recognition applies to the Ministry of Justice, which then recommends approval or rejection to parliament, which votes on the application. The government evaluates whether the group meets organizational and reporting requirements and applies criteria based on administrative and legislative precedents in deciding whether to recommend granting recognition to a religious group. The religious group must have a structure or hierarchy, a “sufficient number” of members, and a “long period” of existence in the country. It must offer “social value” to the public, abide by the laws of the state, and respect public order. The government does not formally define “sufficient number,” “long period of time,” or “social value.” Final approval is the sole responsibility of the federal parliament; however, parliament generally accepts the ministry’s recommendation.
The law requires each officially recognized religion to have an official interlocutor, such as an office composed of one or more representatives of the religion plus administrative staff, to support the government in its constitutional duty of providing the material conditions for the free exercise of religion. The functions performed by the interlocutor include certification of clergy and teachers of the religion, assistance in the development of the religious curriculum in schools, and oversight of the management of houses of worship.
The federal and regional governments provide financial support for officially recognized religious groups. Federal government subsidies include direct payment of clergy salaries and pensions, while regions subsidize maintenance and equipment costs for facilities and places of worship, as well as clergy housing, and oversee finances and donations when the legal exemption amount is exceeded. Denominations or divisions within the recognized religious groups (Shia Islam, Reform Judaism, or Lutheranism, for example) do not receive support or recognition separate from their parent religious group. Parent religious groups distribute subsidies according to their statutes, which may also include salaries to ministers and public funding for renovation or facility maintenance. Unrecognized groups do not receive government subsidies but may worship freely and openly. Three organizations outside of the recognized religious groups also receive subsidies by law: the Belgian Muslim Executive, the Belgian Buddhist Union, and the Secular Central Council.
There are procedures for individual houses of worship of recognized religious groups to apply to obtain recognition and federal subsidies. To do so, a house of worship must meet requirements set by the region in which it is located and by the federal Ministry of Justice. These requirements include transparency and legality of accounting practices, renunciation of foreign sources of income for ministers of religion working in the facility, compliance with building and fire safety codes, and certification of the minister of religion by the relevant interlocutor body. Recognized houses of worship also receive subsidies from the linguistic communities and municipalities for the upkeep of religious buildings. Houses of worship or other religious groups that are unable or choose not to meet these requirements may organize as nonprofit associations and benefit from lower taxes but not government subsidies. Houses of worship in this situation (i.e., not completing the recognition process) may still be affiliated with an officially recognized religious group.
There is a federal ban on covering one’s face in public. Individuals wearing face coverings that cover all or part of the face in public are subject to a maximum fine of 137.50 euros ($170). In addition, the penal code stipulates violators may be sentenced to a maximum of seven days’ imprisonment.
Outside of the Brussels region, which still allows ritual slaughter without stunning, the law prohibits the slaughter of animals without prior stunning. The legislation does not prevent halal and kosher meat from being imported from abroad.
By longstanding practice rather than law, the government bans the wearing of religious symbols by employees in public sector jobs requiring interaction with the public. The ban does not apply to teachers of religion in public schools.
The constitution requires teaching in public schools to be neutral with respect to religious belief. The public education system requires neutrality in the presentation of religious views outside of religion classes. All public schools offer religious or “moral” instruction oriented toward citizenship and moral values. Outside of Flanders, these courses are mandatory; parents in schools in Flanders may have their children opt out of such courses. Francophone schools offer a mandatory one-hour-per-week “philosophy and citizenship” course plus an additional one-hour mandatory course on either philosophy and citizenship or the recognized religions, based on a constitutional court ruling.
Schools provide teachers, clerical or secular, for each of the recognized religious groups, as well as for secular humanism, according to the student’s preference. The degree of religious expression varies but must follow a principle of “neutrality.” Because “neutrality” is not defined explicitly in the constitution in the context of religious expression, most state-funded institutions follow one of two principles: “inclusive neutrality,” where individuals must remain neutral in their behavior but may wear religious symbols, or “exclusive neutrality,” where there is a total ban on religious attire and the education provided must also be neutral.
Public school religion teachers are nominated by a committee from their religious group and appointed by the linguistic community government’s education minister. Private, authorized religious schools (limited to schools operated by recognized religious groups), known as “free” schools, follow the same curriculum as public schools but may place greater emphasis on specific religious classes. Teachers at these religious schools are civil servants, and their salaries, as well as subsidies for the schools’ operating expenses, are paid for by the respective linguistic community, municipality, or province.
Unia is a publicly funded, independent agency responsible for reviewing discrimination complaints, including those of a religious nature, and attempting to resolve them through mediation or arbitration. The agency lacks legal powers to enforce resolution of cases but may refer them to the courts.
The federal justice minister appoints a magistrate in each judicial district to monitor discrimination cases and oversee their prosecution, including those involving religion, as a criminal act.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The federal government granted recognition on September 30 to the Belgian Buddhist Union, which applied as a group representing a nondenominational philosophy of life, rather than as a religious community. The Buddhist Union, which first submitted its application in 2008, had already been receiving a subsidy from the federal government before its recognition. An application for recognition from the Belgian Hindu Forum, submitted in 2013, remained pending, as did its application to receive a government subsidy. There were no other pending requests by religious groups.
Some observers continued to state that a number of mosques opted not to seek official recognition because they received sufficient foreign funding and preferred to operate without government oversight. Some observers stated the lengthy, bureaucratic process of obtaining recognition also acted as a deterrent. The stated government policy was to extend recognition to more mosques (which would make them eligible for government funding) to curb foreign, radical Islamic influence by reducing the mosques’ reliance on foreign funding and providing authorities with greater oversight.
According to local media, nine mosques in the Brussels-Capital region, including the Great Mosque of Brussels, which submitted its application in January, had pending recognition requests. Mustapha Chairi, the President of the Belgian Collective Against Islamophobia, stated that recognition was slowed by “political obstacles” and cited inefficiencies in the Ministry of Justice’s administrative process.
The Flemish government announced it was reinforcing its policy of conducting enhanced security screening against possible radicalization of imams or worshippers and against foreign influence at mosques, including by requiring all religious communities and places of worship to submit to a four-year probation period prior to official recognition. Then-Flemish regional Minister-President Liesbeth Homans, also of the New Flemish Alliance Party, questioned the existing recognition of some mosques and withdrew recognition of the al-Ihsaan Mosque in Leuven during the year. At year’s end, there were 87 recognized mosques: 39 in Wallonia, 27 in Flanders, and 21 in Brussels. The Belgian Muslim Executive estimated there were a total of 300 mosques in the country, both recognized and unrecognized.
In November, Flemish Minister for Social Affairs Bart Somers presented a bill in parliament to revise the recognition application process, as well as reopen religious communities’ applications for recognition that then-Regional Interior Minister Homans had suspended in 2017. The bill included the ban on foreign funding and influence, as well as the mandatory four-year probationary period that the Flemish government established as policy in the previous year. In a November interview with Flemish public television network VRT, Somers stated 50 to 100 local religious communities had pending applications for recognition, some dating back to the 2017 moratorium.
On December 4, Justice Minister Vincent Van Quickenborne suspended the recognition process for the Great Mosque of Brussels, stating that, according to the country’s civilian intelligence, the mosque had ties with the Moroccan intelligence agency. He also said that all bodies of the Muslim Executive should reexamine and, as needed, replace their leaders because they were no longer representative of all Muslims living in the country, adding that “the same individuals continuously appear, whether in the Muslim Executive or in associated nonprofit organizations.” (The Muslim Executive is composed of four organs focused respectively on mosques, education, social issues, and imams, as well as the Council of Theologians and the Coordination Council for Belgian Islamic Institutions [CIB].) On December 5, the Belgian Muslim Executive, CIB, and Association for the Management of the Great Mosque released a joint statement condemning Van Quickenborne’ s announcement, saying it was “defamatory, insulting, and onerous to declare that our members are spies with interests abroad” and that the suspension violated freedom of religion and the separation of church and state.
According to Belgian online journal The Bulletin, one of the two major English-language, Brussels-based media outlets, the Ghent prosecutor filed a criminal case against the Jehovah’s Witness congregation in Kraainem, charging it with inciting discrimination against a person and a group on the basis of religious beliefs and inciting hatred or violence against a person and a group. According to the report, the prosecutor filed the charges after a five-year investigation based on a complaint by a former member of the congregation, Patrick Haeck, who said Jehovah’s Witnesses shunned him after he exposed a case of sexual abuse. A court held a preliminary hearing in September and scheduled a trial for February 2021.
The ban on face coverings remained unchanged despite the COVID-19 pandemic. Several police precincts, however, reported not enforcing the law. The Brussels Midi police department, for example, reported that it had asked its officers to “use common sense” and analyze situations on a case-by-case basis.
In June, the Constitutional Court ruled in favor of the Haute Ecole Francisco Ferrer, a university in Brussels that had banned religious garments and symbols. The court stated that institutions of higher education had the authority to ban the wearing of religious symbols, specifically headscarves, on campus if they chose to do so, adding the ban violated neither constitutional law nor the European Convention on Human Rights. In July, more than 1,000 mostly female demonstrators gathered in the center of Brussels to protest the court’s decision. The ruling also sparked a social media campaign with the hashtags #HijabisFightBack and #TouchePasAMesEtudes (“Don’t Touch My Studies”). In response to the court’s ruling, some institutions of higher education used social media to announce that headscarves were allowed at their schools.
On December 8, in response to calls from the Jewish community, the Council of State, the country’s highest administrative court, overturned a total ban on collective religious worship services that the government had instituted in October as a protective measure against COVID-19. The prohibition also applied to nonreligious gatherings. According to the council, the ban violated freedom of religion, “a fundamental right of a special nature,” and the right to profess faith collectively with fellow believers “is at the heart of freedom of worship.” The council called the ban “a disproportionate limitation of the freedom of worship” and asked the government to allow worship services again, within certain limits, by December 13. In response, the national government relaxed the measure to allow up to 15 persons to gather in places of worship.
In October, the municipal government of Charleroi opened a second request for public comment on an application to build a mosque in the city’s Lodelinsart neighborhood. Several town residents also voiced their disapproval of the mosque in an independent petition. The Charleroi government had approved the project with modifications in 2019 after receiving 119 complaints against the mosque during an initial public comment period. The city government did not indicate why it reopened the public comment period.
In Court-St-Etienne, the construction of a new mosque was underway and was expected to be finished by mid-2021. The project, whose construction resumed in February 2020 after a year-long pause, was being entirely financed through private donations. According to Abdelhafid Jellouli, the mosque coordinator, the delay was the result of a change in construction plans and delays in finding a new contractor. Local authorities approved the project in 2018 after four previous rejections.
On December 17, the Court of Justice of the European Union issued a judgment that a Flemish animal welfare law requiring the stunning of animals prior to slaughter, including halal and kosher slaughter, was consistent with EU law and did not infringe on the rights of religious groups. The court’s ruling ran counter to the recommendation in September of its advocate general, who had stated that “member states … cannot ignore the EU’s religious freedom protections.” Flemish Minister for Education, Sport, and Animal Welfare Ben Weyts tweeted that “the door is now open throughout Europe to a ban on slaughter without stunning” and called on religious communities to “turn the page.” The judgment followed a legal challenge to the Flemish law and to a similar law passed by the Wallonian regional government in 2019. At that time, the Belgian Constitutional Court had asked the Court of Justice to issue an advisory opinion to confirm the two laws complied with EU law.
Following the ruling, President of the Belgian Federation of Jewish Organizations Yohan Benizri stated, “We plan to pursue every legal recourse to right this wrong.” In an official statement, the President of the Belgian Muslim Executive, Mehmet Ustun, expressed his disappointment with the judgment, stating, “The Court of Justice thus seems to give in to the growing political and societal pressure from populist movements which are waging a symbolic struggle against vulnerable minorities throughout Europe.”
A large slaughterhouse continued to operate in Brussels, where ritual slaughter was still permitted, but it could not accommodate all requests, particularly during religious holidays. The Brussels government, led by Minister-President Rudi Vervoort, had no policy on ritual slaughter and had stated it would wait for a final ruling before opening a debate.
The Jewish Telegraphic Agency reported in October that the government planned to stop providing soldiers for security around synagogues in Antwerp as part of a broader drawdown of Operation Vigilant Guardian, the military’s domestic counterterrorism mission that provided protection for sensitive sites, such as embassies and certain Jewish community buildings. The Forum of Jewish Organizations of Flemish Jews stated, “The Jewish community needs more, not less, protection in these difficult times.” At year’s end, the soldiers remained in place, and the government had not announced a final decision on whether to end the program.
Police continued to offer a voluntary, day-long course, “The Holocaust, the Police, and Human Rights,” at the Dossin Barracks in Mechelen, site of a Holocaust museum and memorial.
Section III. Status of Societal Respect for Religious Freedom
Media and NGOs, including Amnesty International, the Collective against Islamophobia in Belgium, and Unia, reported incidents of violence, threats, harassment, discrimination, and hate speech against Muslims and Jews. Unia reported 79 anti-Semitic incidents – which it defined as incidents against Jewish persons rather than against Jewish religious practices and which it tracked separately – and 336 complaints of other religious discrimination or harassment in 2019, the most recent year for which data were available, compared with 101 anti-Semitic incidents and 307 other complaints in 2018. Approximately 86 percent of incidents targeted Muslims. There were five incidents against Christians, 11 against Jewish religious practices, and eight against nonbelievers. According to Unia, 30 percent of the incidents in 2019 involved speech in media or on the internet (54 percent of these involving Facebook postings); 29 percent concerned discrimination in the workplace; and 17 percent occurred in the education sector, where a majority (54 percent) of incidents involved restrictions or prohibitions on wearing of the hijab.
Unia reported 96 complaints of workplace discrimination based on religion in 2019, compared with 56 in 2018. The reported discrimination principally targeted Muslims.
In 2019, Unia and the Human Rights League submitted an injunction against the Brussels public transportation company, STIB/MIVB, for rejecting a job applicant who wore a headscarf. The woman had applied for two internal administrative positions and reported being rejected after communicating she wanted to wear a headscarf in the workplace. Unia did not indicate the outcome of this case.
Also in 2019, Unia and the Human Rights League took legal action against a fitness center in Liege that refused entry to a woman wearing a headscarf for what it stated were hygiene and security reasons. In another case, Unia filed a suit in 2019 against a fitness center in Brussels that told a Muslim woman after she had signed up for membership that it banned headscarves for security reasons. In February, the Brussels Court of First Instance decided in favor of the fitness center, ruling that prohibiting headscarves in sports for safety reasons was permitted, and that a sports headscarf did not meet the safety requirements.
Unia cited numerous instances of religious hate speech via social media in 2020. It also reported that in October, two individuals were sentenced to six months in prison and fined 800 euros ($980) for hosting a Facebook page called “Identitaires Ardennes” that contained anti-Muslim hate speech featuring messages, such as “Islam is a danger,” and “Halt the invasion – let’s kick them out.”
In February, the European Commission, Belgian academics, and New Flemish Alliance Party Chairman Bart De Wever criticized the annual Aalst Carnival for including open displays of anti-Semitism. An open letter by three professors from the universities of Ghent, Antwerp, and Leuven urged media not to show images of floats with Jewish caricatures, while the European Commission said the floats were “incompatible” with EU values. According to the Catholic News Agency, the carnival parade included “numerous apparently anti-Semitic caricatures and floats,” as well as marchers who seemed to be dressed as Nazi soldiers. One float displayed caricatures of Jews with ant features next to a label called “complaint ant,” a phrase that in Dutch resembles the term “Western Wall.” National and international press widely cited Aalst Mayor Christoph D’Haese as stating that the carnival was not anti-Semitic and that outside intervention was censorship. Then-Belgian Foreign Minister Sophie Wilmes, European Commission Vice President Margaritis Schinas, and Israeli Foreign Minister Israel Katz condemned the parade, with Katz calling it “hateful” and a “vitriolic anti-Semitic display” and “a hateful parade.” In December 2019, UNESCO removed the carnival, which included an anti-Semitic float in that year’s parade, from its intangible cultural heritage list because of what it said was the carnival’s “repetition of racist and anti-Semitic representations.”
According to the Times of Israel, on June 28, protesters at a pro-Palestinian demonstration in Brussels chanted “Khaybar,” in reference to a battleground in Saudi Arabia where Muslims had defeated Jews in the seventh century. At least 100 men chanted, “Jews, remember Khaybar, the army of Muhammad is returning,” according to the Belgian League Against Anti-Semitism (LBCA). Joel Rubinfeld, the league’s president, characterized the chant as an “incitement of violence,” and the organization filed a complaint with police. The rally’s organizer, a nonprofit called the Belgo-Palestinian Association, condemned the chanting in a statement.
In August, newspaper Le Soir published a cartoon by Pierre Kroll showing a tourist bus with a balloon above the driver reading, “After the zoo, we shall go visit the coronavirus village,” while an Orthodox Jewish man without a mask rides a bicycle nearby as vultures hover above him. LBCA President Rubinfeld said the cartoon “again shows that Kroll obsessively returns to Jews in his works….” According to The Times of Israel, critics had accused Kroll of anti-Semitism in several of his previous cartoons.
In July, the Leuven Criminal Court sentenced a man in Keerbegen to one year in prison for inciting hatred and violence against the Jewish community and violating the antiracism law and the law against Holocaust denial. In 2019, Unia had filed a complaint against the man for decorating his home with Nazi paraphernalia and possessing anti-Semitic pamphlets.
Section IV. U.S. Government Policy and Engagement
U.S. embassy officials discussed continued anti-Muslim and anti-Semitic incidents and sentiment in meetings with representatives from the Office of the Prime Minister; the Ministries of Foreign Affairs, Interior, and Justice; and regional governments.
The Ambassador and other embassy officials regularly met with religious leaders to discuss incidents of religious discrimination and ways to counter public manifestations of anti-Muslim and anti-Semitic sentiment. They continued engagement with activists from the Catholic, Muslim, and Jewish communities, including with leaders from the Consistory (official representatives of authorities for Jewish community matters with the government), the Muslim Executive, and the Coordinating Committee of Jewish Organizations in Belgium to promote interreligious understanding.
In reaction to the ECJ ruling that a Flemish law requiring the stunning of animals prior to ritual slaughter was consistent with EU law and did not infringe on the rights of religious groups, the Ambassador tweeted the following on December 17: “I am very disappointed in the European Court of Justice decision upholding a Flemish law that effectively bans kosher and halal slaughter, a core religious practice of Jews and Muslims. Religious freedom must be protected. I call on the Flemish government to reconsider its positions and accommodate the needs of all its religious communities. I will continue to work closely with Belgian authorities and the EU to advance religious freedom for all.”
In October, the Ambassador led a discussion on Muslim issues with academics, religious experts, and civil society leaders, raising awareness of freedom of religion issues and exchanging ideas on future projects.
The embassy awarded a grant to a Brussels-based NGO to organize a series of events, beginning in October and continuing into 2021, to raise awareness about China’s persecution of its Muslim Uyghur population. The events included a webinar examining Chinese propaganda in Belgium and two empowerment workshops for the local Uyghur community that taught local activists to lobby, communicate with the media, and establish and sustain publicity campaigns.
The embassy expanded an interfaith youth exchange program administered by the U.S. Department of State to include a virtual platform that launched in October for Belgian youth to engage with U.S. experts on various aspects of youth leadership. The platform included an interfaith element to enhance collaboration among religious groups in the country and, in turn, enhance religious freedom.
Bosnia and Herzegovina
Executive Summary
The constitutions of Bosnia and Herzegovina (BiH) and each of the country’s two entities – the Federation of BiH (the Federation) and Republika Srpska (RS) – provide for freedom of religious thought and practice, prohibit religious discrimination, and allow registered religious organizations to operate freely. The Federation constitution declares religion to be “a vital national interest” of the constituent peoples. The RS constitution establishes the Serbian Orthodox Church (SOC) as “the Church of the Serb people and other people of Orthodox religion.” The BiH constitution reserves all positions in the Presidency and one house of parliament and certain other government offices to members of the three major ethnic groups – Serbs, Croats, and Bosniaks – who are predominantly SOC, Roman Catholic, and Muslim, respectively. The government again failed to comply with a European Court of Human Rights (ECHR) decision calling on it to open these positions to other minorities. By law, no Muslim group may register or open a mosque without the approval of the Islamic Community (IC). The human rights ministry made little progress implementing instructions making it responsible for coordinating actions to correct religious freedom abuses and to draft proposals to regulate retirement and health insurance benefits of religious workers. The Presidency again failed to approve a previously negotiated agreement that would provide religious accommodations to Muslim workers. Religious groups, in communities where they are a minority, reported authorities at all levels continued to discriminate against them in providing services and granting building permits. UNICEF reported students and teachers continued to experience ethnic and religious discrimination in schools. The Interreligious Council (IRC), comprising representatives of the country’s four major religious communities, again reported inadequate investigation and prosecution of religiously motivated crimes.
The IRC registered 14 reported acts of vandalism against religious sites, including one involving a shooting at a cross, but said the number of actual incidents was likely much higher. In October, vandals damaged the Sultan Sulaiman Atiq Mosque in Bijeljina, a designated national monument. The Saint Sava Orthodox church in Blazuj near Sarajevo was repeatedly vandalized, and several Catholic memorials and chapels were also vandalized. In 2019, the Organization for Security and Cooperation in Europe (OSCE) mission to the country monitored 16 potential bias-motivated incidents targeting Muslims and 15 such incidents targeting Christians (both Catholic and Orthodox), all of which were reported to the police. The incidents ranged from threatening religious leaders and disturbing religious ceremonies with threats to vandalizing cemeteries and other religious sites. In contrast with the previous year, the OSCE did not report any anti-Semitic incidents. Slightly more than two-thirds of respondents in an August survey expressed support for maintaining religious education in schools.
U.S. embassy representatives emphasized the need to promote respect for religious diversity and enforce equal treatment for religious minorities to government officials. In May, the Ambassador met with the newly appointed Minister for Human Rights and Refugees and discussed the importance of religious freedom and the government’s financial support to the IRC. In regular meetings with religious groups, embassy officials continued to urge the groups to improve interreligious dialogue to help develop a peaceful and stable society. The embassy continued to maintain regular contact with the IRC and to fund some of its interfaith and reconciliation-themed activities.
Section I. Religious Demography
The U.S. government estimates the total population at 3.8 million (midyear 2020 estimate). According to the most recent census, conducted in 2013, Sunni Muslims constitute approximately 51 percent of the population, Serbian Orthodox Christians 31 percent, Roman Catholics 15 percent, and others, including Protestants and Jews, 3 percent.
There is a strong correlation between ethnicity and religion: Bosnian Serbs affiliate primarily with the SOC, and Bosnian Croats with the Roman Catholic Church. Bosniaks are predominantly Muslim. The Jewish community estimates it has 1,000 members, with the majority living in Sarajevo. The majority of Serbian Orthodox live in the RS, and most Muslims and Catholics in the Federation. Protestant and most other small religious communities have their largest memberships in Sarajevo and Banja Luka.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
Annex IV of the Dayton Peace Agreement, which serves as the country’s constitution, provides for freedom of thought, conscience, and religion. It stipulates no one shall be deprived of citizenship on grounds of religion and all persons shall enjoy the same rights and freedoms without discrimination as to religion.
The entity constitution of the Federation states all individuals shall have freedom of religion, including of public and private worship, and freedom from discrimination based on religion or creed. It defines religion as a vital national interest of the constituent peoples.
The entity constitution of the RS establishes the SOC as “the Church of the Serb people and other people of Orthodox religion.” It provides for equal freedoms, rights, and duties for all citizens irrespective of religion and prohibits any incitement to religious hatred or intolerance. It specifies religious communities shall be equal before the law and free to manage their religious affairs and hold religious services, open religious schools and conduct religious education in all schools, engage in commercial activities, receive gifts, and establish and manage legacies in accordance with the law.
The laws of Brcko, a self-governing district, do not encompass freedom of religion. Instead, national laws on religious freedom are applied.
A national law on religion provides for freedom of conscience and grants legal status to “churches and religious communities.” To acquire official status as recognized religious communities, religious groups must register. The constitutions of BiH, the Federation, and RS state that registered religious organizations are allowed to operate freely. Simplified registration procedures applied to religious groups recognized prior to adoption of the law, primarily the Orthodox Church, IC, Jewish Community, Catholic Church, and other Christian groups, including the Evangelical, Baptist, and Seventh-day Adventist Churches, The Church of Jesus Christ of Latter-day Saints, and Jehovah’s Witnesses.
Unregistered religious groups may assemble to practice their religion, but they have no legal status and may not represent themselves as a religious community.
Registration affords numerous rights to religious communities that are not available to those that do not register, including the right to conduct collaborative actions such as do charity work, raise funds, and construct and occupy places of worship. The law states churches and religious communities serve as representative institutions and organizations of believers, founded in accordance with their own regulations, teachings, beliefs, traditions, and practices. The law recognizes the legal status of four “traditional” religious communities: the IC, SOC, Catholic Church, and Jewish community. The Ministry of Justice (MOJ) maintains a unified register of all religious communities, and the Ministry of Human Rights and Refugees (MHRR) is responsible for documenting violations of religious freedom.
According to law, any group of 300 or more adult citizens may apply to register a new religious community or church through a written application to the MOJ. Requirements for registration include presenting statutes that define the method of religious practice and a petition for establishment with the signatures of at least 30 founders. The ministry must issue a decision within 30 days of receipt of the application. The law stipulates the ministry may deny the application for registration if it concludes the content and manner of worship may be “contrary to legal order, public morale, or is damaging to the life and health or other rights and freedoms of believers and citizens.” A group may appeal a negative decision to the BiH Council of Ministers. The law allows registered religious communities to establish their own suborganizations, which may operate without restriction.
The law states no new church or religious community may be founded bearing the same or similar name as an existing church or religious community. The law also states no one may use the symbols, insignia, or attributes of a church or a religious community without its consent.
In addition to registered churches and religious communities, there are educational, charitable, and other institutions, known as “legal subjects,” that belong to these communities but are registered as separate legal entities in the MOJ registry. The IC has 120 legal subjects, the Catholic Church 398, the Orthodox Church 526, and other churches and religious communities and alliances (primarily of Protestant groups) of these communities have 47.
A concordat between the BiH government and the Holy See recognizes the public juridical personality of the Catholic Church and grants a number of rights, including to establish educational and charitable institutions and carry out religious education in public or private schools, and it officially recognizes Catholic holidays. The government and the Catholic Church created a commission to implement the concordat. A similar agreement exists between the BiH government and the SOC, and a commission to implement it was created in September.
The state recognizes the IC as the sole supreme institutional religious authority for all Muslims in the country, including immigrants and refugees, as well as for Bosniaks and other Muslim nationals living outside the country who accept the IC’s authority. According to the law, no Islamic group may register with the MOJ or open a mosque without the permission of the IC.
The law on religion states that churches and religious communities are obligated to pay taxes and contributions on earnings of their employees (pension, health, and disability insurance). In the Federation, two of 10 cantons – Western Herzegovina Canton and Herzegovina-Neretva Canton – include religious officials in their health insurance system. Sarajevo Canton does not include religious workers in its health insurance system but offers such insurance to religious officials under more favorable provisions than those available to average citizens. The RS provides pension benefits and disability insurance to religious workers while they have residence in the RS.
All three BiH administrative units have hate crimes regulated within their criminal codes. The provisions in these codes regulate hate crimes as every criminal act committed because of the race, skin color, religious belief, national or ethnic origin, language, disability, gender, sexual orientation, or gender identity of the victim. The criminal codes also stipulate that this motivation is to be taken as an aggravating circumstance of any criminal act unless the code itself stipulates harsher punishments for qualified forms of criminal acts.
The laws of the Federation and RS, as well as those of all 10 cantons, affirm the right of every citizen to religious education. The laws allow a representative of each of the officially registered religious communities to assume responsibility for teaching religious studies in public and private preschools, primary and secondary schools, and universities if there is sufficient demand. Children from groups that are a minority in a school are entitled to religious education only when there are 18 or more students from that religious group in one class. Religious communities select and train their respective religious education teachers, who are employees of the schools where they teach, although they receive accreditation from the religious body governing the curriculum.
The IC, SOC, and Catholic Church develop and approve religious curricula across the country. Public schools offer religious education in a school’s majority religion, with some exceptions.
In the Federation’s five Bosniak-majority cantons, primary and secondary schools offer Islamic religious instruction as a twice-weekly course, or students may take a course in ethics. In cantons with Croat majorities, Croat students in primary and secondary schools may attend an elective Catholic religion course twice a week or take a course in ethics. In the five primary and 10 secondary Catholic schools spread throughout the Federation and the RS that do not have Croat majorities, parents may choose either an elective Catholic religion course or a course in ethics. The Sarajevo Canton Ministry of Education offers Orthodox and Protestant religious education in addition to classes offered to the Muslim and Catholic communities. The RS Ministry of Education offers elective religious education in secondary schools.
The BiH constitution provides for representation of the three major ethnic groups – Serbs, Croats, and Bosniaks – in the government and armed forces. The constitution makes no explicit mention of representation for religious groups, although each ethnicity mentioned by the constitution is associated with a particular religion.
The BiH constitution reserves all positions in the House of Peoples (one of two houses of parliament) and apportions other government offices to members of the three major ethnic groups according to quotas. Members of religious minorities are constitutionally ineligible to hold a seat in the House of Peoples. The three-member presidency must consist of one Bosniak, one Croat, and one Serb.
A law against discrimination prohibits exclusion, limitation, or preferential treatment of individuals based specifically on religion in employment and the provision of social services in both the government and private sectors.
The country has no law on restitution that would allow for the return of, or compensation for, property, including property owned by religious groups, nationalized or expropriated under communist rule.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The human rights ministry made little progress in implementing 2019 instructions for implementation of the national religious freedom law. In accordance with the instructions, the ministry is responsible for coordinating actions to correct religious freedom abuses and to draft proposals to regulate retirement and health insurance benefits of religious workers. The MHRR took no steps to draft proposals for resolving the issues of rights to pension, disability allowance, and health insurance for religious officials, despite issuing instructions in 2019 stating it would do so and submit the proposals to the government for approval. National, Federation, and RS governments had still not made provisions for religious officials to fully qualify for pensions and health and disability insurance, more than 16 years after the adoption of the law on religious freedom and the 2019 issuance of instructions on implementation of the law stating the MHRR should work with religious group representatives to resolve the issue.
The government again failed to comply with a 2009 decision by the ECHR stating the country should amend its constitution to allow members of minority groups, including Jews, to run for president and the House of Peoples.
The MOJ said it generally processed registration applications by religions groups within a week. There were no reports the ministry denied any registration applications by religious communities.
The Presidency again failed to reach a consensus on the approval of a 2015 agreement between the state and the IC that addressed dietary restrictions in public institutions, employer accommodations for daily prayer, and time off to attend Friday prayers, as well as one-time travel to Mecca for the Hajj. The Presidency did not inform the MHRR what part of the agreement was not acceptable to it.
In September, the IRC reported the government prohibition against employees of judicial institutions wearing any form of “religious insignia,” including headscarves, at work, remained in place. While there were no instances of the High Judicial and Prosecutorial Council applying the prohibition during the year, an IC representative stated its existence caused uneasiness and uncertainty among Muslims working in or visiting these institutions.
According to officials of religious groups constituting a local minority, authorities at all levels continued to discriminate against those groups with regard to the use of religious property and issuance of permits to build new, or repair existing, religious properties. On March 3, three years after the original application, Drvar municipal authorities issued a location permit to the Catholic Saint Joseph Parish in Drvar for the construction of a pastoral and charity center on property owned by the Catholic Church. In 2019, the Livno Canton Ministry of Construction, Space Planning, and Environment ordered Drvar Municipality to issue a location permit to the Catholic Church in Drvar for the construction of the center, overturning the municipality’s initial rejection of the Church’s request.
As of September, the government of BiH had only partially implemented an ECHR ruling ordering it to remove a Serbian Orthodox church the court found was illegally built on plaintiff Fata Orlovic’s property in Bratunac. The lawyer representing Orlovic confirmed the RS government paid Orlovic and her relatives for financial damages. At the end of February, SOC officials removed all religious items from the church, and, for the first time, there was no church liturgy held on the church’s patron saint’s day on September 11. At year’s end, the church building remained in place on Orlovic’s property.
Leaders of the four traditional religious communities in BiH continued to say the country’s continuing lack of any institution responsible for the rights of religious communities and the lack of a law on restitution – for both religious communities and private citizens – hindered efforts on the part of religious communities to resolve the issue of property confiscated and nationalized under communist rule from 1946 to 1965. Jakob Finci, the president of the country’s Jewish Community, repeatedly said the country was the only one in the region that had done nothing to resolve the restitution problem. He said the lack of resolution posed a burden on religious communities, as disputed properties could be an important and much-needed source of revenue for them.
According to religious community leaders, political disagreement over whether the state or the country’s two entities – the Federation and RS – had competency over restitution, as well as the potential cost, were the main barriers to the country’s adopting a law on restitution. According to a study done by the Economic Institute of the Faculty of Economics, University of Sarajevo, just under 7 percent of the total nationalized property in the country belonged to religious communities, and each major religious group had unresolved restitution claims involving high-profile properties. For example, the SOC sought return of its former seminary building, which housed the University of Sarajevo’s Faculty of Economics; the Jewish Community was seeking return of its La Benevolencija building in the center of Sarajevo, which housed the Ministry of Interior of Sarajevo Canton; the Catholic Church was seeking return of its Saint Augustine Institute building in Sarajevo, which housed the Music Academy; and the IC had a claim on the Palata Gazihusrevbeg building in downtown Sarajevo. In some cases, municipal, cantonal, and entity governments engaged in “silent restitution,” where they allowed religious communities to use a property but did not transfer legal ownership. All main religious groups expressed concerns regarding discrimination and unequal treatment of religious communities by the Federation and the RS. All major religious groups in the country said they agreed on the urgent need for a restitution law to be adopted.
In welcoming remarks during a Christmas reception on January 16, SOC Metropolitan Hrizostom called on the BiH Presidency to support, and the BiH Parliament to adopt, a law on restitution of property. He stated that, by failing to return seized properties to churches and religious communities, the government continued to violate basic human and religious rights of believers. On September 17, Catholic Cardinal Vinko Puljic, in a meeting with High Representative Valentin Inzko, the official responsible for overseeing implementation of civilian aspects of the Dayton Peace Agreement, said the government should either return all nationalized properties to religious groups or pay them compensation. In its October report, Key Findings of the Opinion on Bosnia and Herzegovina’s EU Membership Application and Analytical Report, the European Commission criticized BiH authorities for failure to adopt a legislative framework for handling restitution cases.
At the end of 2019, the Municipality of Stari Grad Sarajevo began construction of a 5,800 square-meter (62,000 square-foot) building in the center of Sarajevo on a plot of land, ownership of which was partly claimed by four Jewish families and partly by the IC. The Stari Grad Municipality registered itself as the owner of the land, even though the Jewish Community informed the municipality that one of the four original Jewish owners was still alive and the remaining three had living heirs. The families and Jewish Community submitted an appeal to the municipality in 2018, but the municipality rejected it in 2019 and issued a building permit to itself and private investor Amko Komerc. Unlike the Jewish families, several online media outlets, including tacno.net and klix.ba, reported that the IC was compensated for its share of the property.
According to a UNICEF report issued in March, students and teachers continued to experience ethnic and religious segregation, intolerance, and division in a number of ethnically homogenous schools throughout the country, especially in the “two schools under one roof,” where children were segregated from each other based on ethnicity.
Returnee students (those belonging to a minority ethnic group returning to their homes after being displaced by the war) continued to face barriers in exercising their rights to language education. For the seventh consecutive year, parents of Bosniak children in returnee communities throughout the RS continued to boycott public schools in favor of sending their children to alternative schooling financed and organized by the Federation of BiH Ministry of Education with support from the governments of the Sarajevo and the Zenica-Doboj Cantons and the IC. According to media and international organizations, the boycott was based on the refusal of the RS Ministry of Education and Culture (RS MoEC) to approve a group of national subjects (specific courses to which Bosniak, Serb, and Croat students are entitled and taught in their constituent language according to their ethnicity). Parents of one of these schools in Vrbanjci, Kotor Varos, won a court case in December 2019 in which the RS Supreme Court ruled they were entitled to the national group of subjects in the Bosnian language. The RS MoEC, however, failed to implement the decision by the beginning of the new school year in September. As a result, 60 children continued learning in the Hanifici Islamic Center building, with teachers traveling from Zenica-Doboj Canton, approximately 80 kilometers (48 miles) away. In June, lawyers representing Bosniak parents filed a request for execution of the RS Supreme Court decision at the Kotor Varos Basic Court. By year’s end, that court had not responded. Lawyers representing the parents also reported that they had tried to meet with the RS MoEC officials twice, but without success.
According to nongovernmental organizations and media reports, parents often chose to send their children to public school religious education classes to avoid having their children stand out from other children who attend the classes and be exposed to peer pressure. In August, the PRIME Communications agency asked 1,500 persons whether religious education should remain in schools in the country; 52.8 percent of respondents opposed removing religious education from schools; 16 percent were largely against removal; 11.5 percent favored removal; and the remainder did not answer the question.
According to Bosniak Muslim, Croat Catholic, and Serb Orthodox religious communities, authorities continued to enforce selectively the rights of religious groups regarding access to education, employment, health care, and other social services in areas where those groups constituted religious minorities. They said refugees returning to their original communities pursuant to the Dayton Peace Agreement were particularly subject to discrimination. Bosniak returnees again complained that schools in the RS celebrated Saint Sava Day as an official holiday for their schools; Bosniaks said they considered this discriminatory, since Saint Sava is an Orthodox saint.
Representatives of religious minority communities throughout the country reported that their members had difficulties accessing government services and protections, including access to health care, pensions, other social benefits, and the transfer of student records between districts. For example, in July, Cardinal Puljic told an Italian Catholic media outlet that thousands of Catholics left the country every year because of discrimination.
On several occasions, IRC leaders again said local authorities throughout the country continued to discriminate in providing police protection and investigating threats of violence and harassment, and vandalism. While only a few cases were recorded, the IRC said law enforcement officials treated the cases as simple theft or vandalism, without taking into consideration the acts occurred at religious sites and could be categorized as hate crimes. According to the IRC, the officials rarely investigated the motives of the acts, which would help distinguish cases of theft from hate crimes. In many instances, IRC leaders said they hesitated to report incidents to the police or media, particularly in areas where their religious group is a minority, fearing that public attention could result in retaliation and greater problems for their community in the future.
The Sarajevo Canton Assembly again failed to implement its 2018 decision to change the name of an elementary school and street in the town of Dobrosevici in the canton’s Municipality of Novi Grad named after Mustafa Busuladzic. Busuladzic was a World War II-era Ustasha figure who glorified Hitler and was known for his anti-Semitism. Both the school and street retained the Busuladzic name.
According to representatives of the Catholic Church, the joint commission for the implementation of the concordat with the Holy See had not met since 2016, and the government had not implemented the agreements reached by the commission earlier, such as legislation on observing religious holidays.
In September, the government and the SOC formed a commission to implement the agreement between the government and the SOC. According to the MHRR, the implementation of the agreement with the SOC had likely been stalled for years due to the absence of a similar agreement between the state and the IC.
The MHRR stated in September it had launched a process to unblock the process of adopting an agreement between the IC and the government.
International and local nongovernmental organizations, academics, and government agencies said each of the country’s major political parties continued to align with the religion practiced by the dominant ethnic group among its membership: the largest ethnic Bosniak parties continued to align with the IC, the largest ethnic Croat parties with the Catholic Church, and the two largest ethnic Serb parties with the SOC.
Section III. Status of Societal Respect for Religious Freedom
The IRC stated it believed the actual number of incidents was much higher but remained significantly underreported because members of religious groups feared that reporting them could trigger retaliation or further episodes.
In July, unknown persons fired several shots from a small-caliber weapon at a Catholic cross in Bisnje near Derventa. Authorities reported there were no victims; they failed to identify any suspects by year’s end.
On October 11, unknown persons vandalized Sultan Sulaiman’s Atiq Mosque in Bijeljina by breaking glass on two windows. The mosque was a designated national monument previously restored after being destroyed in the 1992-95 war. Mirnes Kovac, a columnist for Al Jazeera Balkans, tweeted: “This is just one more sign of the dramatic rise of ultranationalist forces among the Serb population in the Balkans.” Mayor of Bijeljina Mico Micic condemned the incident and called for tolerance and coexistence in the municipality, as “animosities, mistrust, and instability can bring nothing good.”
In July, unknown persons sprayed insulting graffiti on the Saint Sunday Orthodox Church in the village of Dobric near Siroki Brijeg. According to the IRC, the incident led to a more proactive and constructive attitude towards the SOC by local authorities in Siroki Brijeg, who agreed to help what the IRC described as the small and long-neglected Orthodox returnee community in the village by initiating a project to provide regular water supply to its residences.
In February, vandals damaged the parish house next to the Catholic Church of the Blessed Virgin Mary in Kotor Varos Municipality in the RS in February. Police arrested two suspects and initiated criminal proceedings against them, but further information on the case was unavailable at year’s end.
In January, police arrested two minors after they damaged a window and the facade of the Carsijska Mosque in Kozarska Dubica. The perpetrators later visited the imam, together with their parents, and apologized to him, offering to pay for the damage. The local mayor also offered to cover the cost of repairs.
In August, on the first day of the Islamic New Year, a dead pig was found in the yard of the mosque in Bratunac. The perpetrators were not identified.
In 2019, the OSCE mission to the country monitored 16 potential bias-motivated incidents targeting Muslims and 15 such incidents targeting Christians (both Catholic and Orthodox), all of which were reported to police. Incidents ranged from disturbing religious ceremonies with threats and shootings, to threatening religious leaders, to vandalizing graveyards and religious facilities through property destruction and graffiti.
On February 26, Danijel Rajkovic from Gacko was sentenced to one year in prison for provoking ethnic, racial, and religious hatred. In 2019, Rajkovic defecated in front of the mosque in Gacko and, on several occasions, sent threatening messages to the imam in Bosanski Novi. In addition to his prison sentence, the court ordered Rajkovic to undergo psychiatric treatment.
The Council of Muftis of the IC said it was continuing efforts to persuade unregistered Islamic congregations (or para-jamaats), which gathered predominantly Salafist followers and operated outside the purview of the IC, to cease what they described as “unsanctioned” religious practices and officially unite with the IC. The IC reported 11 active para-jamaats during the year, compared with 21 in 2019 and 64 in 2016.
In May, Cardinal Puljic, the most senior Catholic prelate in the country, held a memorial Mass for the victims of Bleiburg, where Yugoslav partisans killed thousands of Nazi-allied Ustasha fighters who fled the advance of the communist forces, as well as innocent persons, including women and children. Due to COVID-19 restrictions, Cardinal Puljic could not travel to Bleiburg, Austria, for the annual commemoration. The Jewish Community, Israeli Embassy in Tirana, Albania, and SOC criticized the Cardinal’s plans to hold the commemorative Mass, which also drew sizeable but peaceful protests in the center of Sarajevo. The press reported that the Mass, which was also broadcast by a regional television station, included a prayer for all victims of World War II, and there was no mention of Ustasha leaders. Online newspaper Crux Now reported that in an interview with local Catholic radio station Marija, Cardinal Pujlic said he had received threats related to the memorial Mass and that his church had prayed “for all the victims, not for Ustashas or criminals.”
The IRC organized six training sessions for youth, religious leaders, and IRC staff on usage of social media in promoting positive narratives (stories designed to promote interreligious and interethnic dialogue). The IRC continued to monitor and condemn attacks on religious leaders and buildings. It also organized “youth corners” – booths in public areas providing pamphlets and other information promoting the work and mission of the IRC – in Tuzla, Trebinje, Sarajevo, Banja Luka, and Zepce.
Section IV. U.S. Government Policy and Engagement
In May, the Ambassador met with newly appointed Minister for Human Rights and Refugees Milos Lucic and discussed the importance of religious freedom and the government’s financial support to the IRC. Embassy officials engaged with the Presidency, Ministry of Security, and MHRR and underscored the need to promote respect for religious diversity and enforce equal treatment under the law for religious minorities.
Embassy officials had numerous meetings with the Catholic, Islamic, Jewish, and Orthodox communities and community leaders. The Ambassador had individual meetings or calls with the leaders of the traditional religious communities, and embassy officials attended events hosted by the religious communities to commemorate religious holidays. Embassy officials continued to have small in-person meetings and representational events with the representatives of the Islamic, Orthodox, Catholic, and Jewish communities. At these events, embassy officials emphasized the importance of interreligious dialogue and respect for religious diversity and urged the religious communities to continue efforts to foster reconciliation and condemn intolerance and hate speech. The embassy reinforced its messages of support following the events and meetings on its social media platforms; the postings, particularly on Twitter, included calls for tolerance and the importance of interreligious dialogue and reconciliation.
The embassy continued supporting the Interreligious Studies and Peacebuilding master’s program, a long-term project in its fourth year of operation, implemented jointly by the Catholic Theological Faculty, Faculty of Islamic Studies (University of Sarajevo), and Orthodox Theological Faculty (University of East Sarajevo). During the year, the embassy supported the program by financing a Fulbright fellow. The program is accredited by the Universities of Sarajevo and East Sarajevo. Its goal is to bring together professionals and students across ethnic and religious backgrounds. Thirty-five students enrolled in the program since its inception; there were 12 enrollees for 2020-21.
The embassy continued to maintain regular contact with the IRC and supported its activities by providing funding. In January, the embassy approved a one-year project to help the IRC better respond to hate speech and attacks against religious sites and officials. The project involved technical assistance to the IRC to improve its strategic messaging; increase cooperation with authorities, civil society, and the media; and bolster its outreach and networks among youth. Its main objective was to minimize the potential for escalation following negative events and send messages to prevent a cycle of recrimination and violence, while strengthening interreligious dialogue as a tool for promoting empathy and preventing violence. The project focused on five communities where hate-based attacks and speech had been prevalent in recent years (Tuzla, Trebinje, Sarajevo, Banja Luka, and Zepce).
The Deputy Administrator of the U.S. Agency for International Development visited the country in February and participated in the signing ceremony for the project with the IRC leaders. During her visit, the Deputy Administrator toured holy sites of all four traditional religions with leaders of the IRC. She congratulated the members of the IRC for their efforts to set a positive example of tolerance and collaboration across faiths by engaging citizens of different ethnic and religious backgrounds.
Bulgaria
Executive Summary
The constitution provides for freedom of religion and conscience. Religious groups may worship without registering, but registered groups receive benefits. The constitution recognizes Eastern Orthodox Christianity as the country’s “traditional” religion, and the law exempts the Bulgarian Orthodox Church (BOC) from registration. In December, the Plovdiv Appellate Court began hearing an appeal by 14 Romani Muslims convicted in 2019 of spreading Salafi Islam, among other charges. Muslim leaders again said several municipalities denied permission to build new or rehabilitate existing religious facilities. The Evangelical Alliance and some other religious groups stated the government did not apply COVID-19 restrictions on religious groups equally, favoring the BOC. The European Court of Human Rights stopped the deportation of three Uyghur Muslims to China. In February, a Shumen court ruled the municipality’s ordinance restricting proselytizing was unconstitutional. A parliamentarian and member of the governing political coalition criticized the ruling, which was being appealed, calling Jehovah’s Witnesses a “dangerous sect.” In February, the Supreme Administrative Court upheld the Sofia mayor’s ban on the annual march honoring Hristo Lukov, leader of a pro-Nazi organization in the 1940s, restricting the event to laying flowers at Lukov’s plaque. The academy of sciences published a report, backed by several government ministries, denying the World War II-era government had sent Jews to forced labor camps but instead had tried to save them from the Nazis.
The Jewish nongovernmental organization (NGO) Shalom reported death threats, increased incidents of anti-Semitic hate speech in the context of the COVID-19 pandemic, and periodic vandalism of Jewish cemeteries and monuments. Members of The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ) and Jehovah’s Witnesses reported fewer instances of harassment and threats, attributing the change to COVID-19 restrictions. Jehovah’s Witnesses said some media continued to misrepresent their activities. Protestants stated media published information about members of their community who tested positive for COVID-19, while not doing so for members of any other religious group. An Alpha research survey issued in January of Orthodox Christians and nonbelievers found rates of mistrust of Muslims was 26 percent, of Jews and Protestants 10 percent, and of Catholics 8 percent.
The U.S. Ambassador and other embassy officials regularly discussed cases of religious discrimination, harassment of religious minorities, and initiatives supporting interfaith dialogue with government officials, including representatives of the Directorate for Religious Affairs, Office of the Ombudsman, Commission for Protection against Discrimination, and local governments. The Ambassador and embassy officials also met with minority religious groups and supported civil society efforts to encourage tolerance and stimulate interfaith dialogue.
Section I. Religious Demography
The U.S. government estimates the total population at 7.0 million (midyear 2020 estimate). According to the 2011 census (the most recent), 76 percent of the population identifies as Eastern Orthodox Christian, primarily affiliated with the BOC. The census reports Muslims, the second largest religious group, are approximately 10 percent of the population, followed by Protestants at 1.1 percent and Roman Catholics at 0.8 percent. Nearly 95 percent of Muslims reported being Sunni; most of the rest are Shia, and there is a small number of Ahmadis concentrated in Blagoevgrad. Orthodox Christians of the Armenian Apostolic Orthodox Church, Jews, Jehovah’s Witnesses, members of the Church of Jesus Christ, Sri Chinmoy, and other groups together make up 0.2 percent of the population. According to the census, 4.8 percent of respondents have no religion and 7.1 percent did not specify a religion. According to a 2019 report by the think tank Agency for Social Analyses, 74 percent of individuals identify as Orthodox Christians, 10 percent as Muslims, 13 percent as atheists, and 3 percent with other religious traditions.
Some religious minorities are concentrated geographically. Many Muslims, including ethnic Turks, Roma, and Pomaks (descendants of Slavic Bulgarians who converted to Islam under Ottoman rule) live in the Rhodope Mountains along the southern border with Greece and Turkey. Ethnic Turkish and Romani Muslims also live in large numbers in the northeast and along the Black Sea coast. Some recent Romani converts to Islam live in towns in the central region, such as Plovdiv and Pazardjik. According to the census, nearly 40 percent of Catholics live in and around Plovdiv. The majority of the small Jewish community lives in Sofia, Plovdiv, and along the Black Sea coast. Protestants are widely dispersed. Many Roma are Protestant converts, and Protestants are more numerous in areas with large Romani populations. Approximately 80 percent of the urban population and 62 percent of the rural population identifies as Orthodox Christian. Approximately 25 percent of the rural population identifies as Muslim, compared with four percent of the urban population.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution states freedom of conscience and choice of religion or no religion are inviolable, prohibits religious discrimination, and stipulates the state shall assist in maintaining tolerance and respect among believers of different denominations, as well as between believers and nonbelievers. It states the practice of any religion shall be unrestricted except to the extent its practice would be detrimental to national security, public order, health, and morals, or the rights and freedoms of others. It states no one shall be exempt from obligations established by the constitution or the law on grounds of religious or other convictions. The constitution also stipulates the separation of religious institutions from the state and prohibits the formation of political parties along religious lines or organizations that incite religious animosity, as well as the use of religious beliefs, institutions, and communities for political ends. The law does not allow any privilege based on religious identity.
The constitution names Eastern Orthodox Christianity as the country’s traditional religion. The law establishes the BOC as a legal entity, exempting it from the court registration that is mandatory for all other religious groups seeking legal recognition.
The penal code prescribes up to three years’ imprisonment for persons attacking individuals or groups based on their religious affiliation. Instigators and leaders of an attack may receive prison sentences of up to six years. Those who obstruct the ability of individuals to profess their faith, carry out their rituals and services, or compel another to participate in religious rituals and services may receive prison sentences of up to one year. Violating a person’s or group’s freedom to acquire or practice a religious belief is subject to a fine of between 100 and 300 levs ($63-$190). If a legal entity commits the infraction, the fine may range from 500 to 5,000 levs ($310-$3,100).
To receive national legal recognition, religious groups other than the BOC must register with the Sofia City Court. Applications must include: the group’s name and official address; a description of the group’s religious beliefs and service practices, organizational structure and bodies and management procedures, bodies, and mandates; a list of official representatives and the processes for their election; procedures for convening meetings and making decisions; and information on finances and property and processes for termination and liquidation of the group. The Directorate for Religious Affairs under the Council of Ministers provides expert opinions on registration matters upon the court’s request. Applicants must notify the Directorate for Religious Affairs within seven days of receiving a court decision on their registration. Applicants may appeal negative registration decisions to the Sofia Appellate Court and, subsequently, the Supreme Cassation Court. The law does not require the formal registration of local branches of registered groups, only that branches notify local authorities, and local authorities enter them in a register. Local branches are not required to obtain registration from the local court. The law prohibits registration of different groups with the same name in the same location. The Directorate for Religious Affairs and any prosecutor may request that a court revoke a religious group’s registration on the grounds of systematic violations of the law. There are 203 registered religious groups in addition to the BOC.
Registered religious groups must maintain a registry of their clergy and employees, provide the Directorate for Religious Affairs with access to the registry, and issue a certificate to each clerical member, who must carry it as proof of representing the group. Foreign members of registered religious groups may obtain long-term residency permits, but for the foreign member to be allowed to conduct religious services during his or her stay, the group must send advance notice to the Directorate for Religious Affairs.
The law requires the government to provide funding for all registered religious groups based on the number of self-identified followers in the latest census (2011), at a rate of 10 levs ($6) per capita to groups that comprise more than one percent of the population and varying amounts for the rest.
Registered groups have the right to perform religious services; maintain financial accounts; own property such as houses of worship and cemeteries; provide medical, social, and educational services; receive property tax and other exemptions; and participate in commercial ventures.
Unregistered religious groups may engage in religious practice, but they lack privileges granted to registered groups, such as access to government funding and the right to own property, establish financial accounts in their names, operate schools and hospitals, receive property tax exemptions, and sell religious merchandise.
The law restricts the wearing of face-covering garments in public places, imposing a fine of 200 levs ($130) for a first offense and 1,500 levs ($940) for repeat offenses.
The law allows registered groups to publish, import, and distribute religious media. The law does not restrict proselytizing by registered or unregistered groups. Dozens of municipalities, including the regional cities of Kyustendil, Shumen, Stara Zagora, and Sliven, have ordinances prohibiting door-to-door proselytizing and the distribution of religious literature without a permit. The ordinances in Stara Zagora and Kyustendil remained in effect despite a 2018 Supreme Administrative Court ruling that they were unconstitutional. Several municipalities, including Shumen, Kyustendil, and Sliven, prohibit unregistered religious groups from conducting any religious activities. Some municipalities prohibit religious activities inside cultural institutes, schools, and establishments for youth and children.
By law, public schools at all levels may, but are not required, to teach the historical, philosophical, and cultural aspects of religion and introduce students to the moral values of different religious groups as part of the core curriculum. A school may teach any registered religion in a special course as part of the elective curriculum upon request of at least 13 students, subject to the availability of books and teachers. The Ministry of Education and Science approves the content of and provides books for these special religion courses. If a public school is unable to pay for a religion teacher, it may accept financial sponsorship from a private donor or a teacher from a registered denomination. The law also allows registered religious groups to operate schools and universities, provided they meet government standards for secular education.
The Commission for Protection against Discrimination is an independent government body charged with preventing and protecting against discrimination, including religious discrimination, and ensuring equal opportunity. It functions as a civil litigation court adjudicating discrimination complaints and does not charge for its services. The commission’s decisions may be appealed to administrative courts. Upon accepting a case, the commission assigns it to a panel that then reviews it in open session. If the commission makes a finding of discrimination, it may impose a fine of 250 to 2,000 levs ($160-$1,300). The commission may double fines for repeat violations. Regional courts may also try civil cases involving religious discrimination.
The law establishes an independent ombudsman to serve as an advocate for citizens who believe public or municipal administrations or public service providers have violated their rights and freedoms, including those pertaining to religion, through their actions or inaction. The ombudsman may request information from authorities, act as an intermediary in resolving disputes, make proposals for terminating existing practices, refer information to the prosecution service, and request that the Constitutional Court abolish legal provisions as unconstitutional.
The penal code provides up to three years’ imprisonment for forming “a political organization on religious grounds” or using a church or religion to spread propaganda against the authority of the state or its activities.
The penal code prohibits the propagation or incitement of religious or other discrimination, violence, or hatred “by speech, press, or other media, by electronic information systems or in another manner,” as well as religiously motivated assault or property damage. Either offense is punishable by imprisonment for one to four years and a fine of 5,000 to 10,000 levs ($3,100-$6,300), as well as “public censure.” The propagation of “fascism or another antidemocratic ideology” is punishable by imprisonment for up to three years or a fine of up to 5,000 levs ($3,100). Courts have found that Nazism falls within the purview of “antidemocratic ideology.” Desecration of religious symbols or sites, including places of worship or graves, is punishable by up to three years’ imprisonment and a fine of 3,000 to 10,000 levs ($1,900-$6,300).
The law provides for restitution of real estate confiscated during the communist era; courts have also applied the law to Holocaust-related claims.
The law allows religious groups to delay until 2029 paying back outstanding revenue obligations incurred before December 31, 2018.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
On December 10, the Plovdiv Appellate Court began proceedings involving 14 Romani Muslims, 12 of whom appealed their lower-court convictions on charges of supporting ISIS, assisting foreign fighters, and propagating Salafi Islam, characterized by the government as an antidemocratic ideology, and incitement to war. The prosecution appealed the sentences of 13 defendants to seek more severe punishments. In 2019, the Pazardjik District Court sentenced the group’s leader, Islamic preacher Ahmed Mussa, to 8.5 years in prison, while the rest of the men received prison sentences ranging from 12 to 42 months. The only woman in the group received a two-year suspended sentence.
Some religious groups complained of unequal treatment by the authorities during a COVID-19 state of emergency in effect from March 13 to May 13 when all indoor public gatherings were prohibited. Catholic, Armenian Apostolic Orthodox, and most Protestant churches switched to online services, while Muslims and Jews closed mosques and synagogues. BOC churches remained open, without penalty. In October, authorities initiated prosecution against Church of God-Bulgaria pastor Nikolay Vasilev, accusing him of holding an Easter service in Samokov in breach of the ban on public gatherings. According to press reports, more than 100 of the participants at the outdoor event received administrative fines. In a public declaration in April, the Evangelical Alliance stated the authorities’ actions against the Samokov church interfered in the internal affairs of a Protestant church in an attempt to disrupt its services and persecute its clerics and worshippers. According to Vasilev as well as videos from the event posted online, the organizers observed all required health measures, including maintaining appropriate physical distance and wearing masks. At year’s end, the trial had not been scheduled. The maximum penalty for a conviction is five years’ imprisonment and a 15,000-lev ($9,400) fine.
In February, the European Court of Human Rights ordered interim measures to stop the expulsion of three Uyghur Muslims who had been denied asylum in 2017 and were facing deportation to China. The State Agency for National Security ordered their expulsion in 2018 on national security grounds. NGOs reported the Uyghurs had already fled Bulgaria in 2019 to another European country.
Jehovah’s Witnesses said the legal requirement for reporting to the government the names and contact information of all clerics violated the freedom of nondeclaration of religious affiliation guaranteed by the constitution. The Church of Jesus Christ said the legal requirement for providing the government full access to the records of its clerics and personnel was a violation of privacy. The Papal Nuncio also said the requirement imposed a burden on the local Catholic community, which did not have enough staff.
In February, the Shumen Administrative Court determined that the provision in a Shumen municipality ordinance restricting proselytizing violated the country’s constitution but stated the provisions prohibiting religious activities inside cultural institutes, schools, and establishments for youth and children were an “adequate and proportionate measure to protect children.”
Dean Stanchev, Member of Parliament from the United Patriots coalition and part of the governing coalition, posted on social media his “outrage” at the court’s decision, describing Jehovah’s Witnesses as a “dangerous sect” and stating that the Internal Macedonian Revolutionary Organization (VMRO) political party would continue to “fight against its [Jehovah’s Witnesses’] parasitic activities” in order to “clear them from public spaces and people’s homes.” At year’s end, both the municipality and Jehovah’s Witnesses had appealed the decision to the Supreme Administrative Court.
Contrary to previous years, Jehovah’s Witnesses did not report any acts against their members while engaged in proselytizing. They attributed the change to reduced proselytizing due to COVID-19 restrictions. In February, the mayor of Dobrich and the local chief of police met with representatives of Jehovah’s Witnesses to apologize for a December 2019 incident in the city center, when police brought two proselytizing Witnesses to the local precinct and accused them of violating public order. The mayor and the police chief said the officers had acted out of ignorance and inexperience and committed to providing police with the necessary information to avoid further incidents.
In May, June, August, and December, the government allocated 10.2 million levs ($6.4 million) in funding for repair and maintenance of BOC facilities in Sofia, Varna, Krustova Gora, Rila, Shipka, and Koprivets. In June, the Council of Ministers said it would provide an annual subsidy of one million levs ($627,000) to the three monasteries under the BOC Patriarch’s jurisdiction.
In July, the Supreme Administrative Court overturned a lower court’s decision and ruled the Catholic Church did not owe property tax from a 2009 claim by Sofia Municipality, which had not recognized the religious status of two Catholic monasteries located in the municipality.
The Office of the Grand Mufti and regional Muslim leaders said several municipalities, including Sofia, Stara Zagora, and Haskovo, continued to reject, on what they said were nontransparent grounds, their requests to build new, or rehabilitate existing, religious facilities. In October, Grand Mufti Mustafa Hadji raised the issue in a meeting with Sofia Mayor Yordanka Fandakova, but by year’s end, the mayor’s office had not provided any information on the city’s continued rejections of the construction applications.
According to Razgrad Mufti Mehmed Alya, local public perception about restoring the landmark Makbul Ibrahim Pasa Mosque in Razgrad, which had been closed for nearly 50 years, to a functioning mosque shifted from negative to positive due to efforts by Regional Governor Gunai Husmen in the previous three years. In October, local authorities used a 2.3-million-lev ($1.44-million) grant from the national government to start renovating the mosque, which was listed officially as a cultural monument and therefore owned by the national government. New Mayor Dencho Boyadjiev agreed that the mosque could reopen for religious services after restoration, while the Muslim community, in turn, agreed that the mosque would be available for tourist visits when not in religious use.
The Office of the Grand Mufti said it was continuing to search for ways to litigate its recognition as the successor to the pre-1949 Muslim religious communities for the purpose of reclaiming approximately 30 properties, including eight mosques, two schools, two baths, and a cemetery seized by the former communist government. Pending a decision on who was the rightful successor to the Muslim religious communities, the courts continued to suspend action on all restitution claims by the Office of the Grand Mufti.
The national public school elective curriculum continued to provide three sets of classes at various grade levels in religious studies: one for Christianity, one for Islam, and one for all religions as ethical systems. In July, the Ministry of Education approved official school textbooks for students from first to fifth grade in the three programs that schools began using in the academic year. The Office of the Grand Mufti stated that some regional education inspectors attempted to persuade principals of schools offering an Islamic studies program to select members of their faculty to be trained as teachers for the program in order to replace teachers who were alumni of the High Islamic Institute. In November, the High Islamic Institute and the Office of the Grand Mufti commenced a project to retrain members of the Muslim community in pedagogical education as teachers of Islam.
In February, the Supreme Administrative Court upheld Sofia Mayor Fandakova’s ban on an annual march of right-wing extremists from across Europe to honor Hristo Lukov, the 1940s leader of the anti-Semitic, pro-Nazi Union of Bulgarian National Legions. The mayor’s ban cited serious concerns that a torchlight march in downtown Sofia would disrupt public order and restricted the event to laying flowers at Lukov’s plaque in front of his house on February 22. In previous years, the Sofia Administrative Court had overturned the mayor’s banning of the march. The Ministry of Foreign Affairs, the Democratic Bulgarian alliance, the Bulgarian Socialist Party, NGOs, international organizations, and diplomatic missions had denounced the rally. On February 10, a Sofia prosecutor petitioned the Sofia City Court to deregister the rally organizer, Bulgarian National Union-Edelweiss, stating its activity violated individual rights; incited ethnic, racial, and religious hostility and homophobia; spread anti-Semitic propaganda; and undermined national integrity. At year’s end, the case continued in the Sofia City Court.
On January 17, the Bulgarian Academy of Sciences organized a roundtable cohosted by the Ministry of Defense to present a report, Jews’ Labor Obligation during World War 2: Rescue Plan or Repressive Measure?, which denied that authorities forced the male Jewish population into labor camps in the early 1940s and stated that instead the Army Labor Corps drafted Jews as part of a government plan to save them from the Nazis. The Ministries of Education and Culture, VMRO, and several NGOs, such as the Bulgarian-Jewish Research Institute and the Independent Historical Society, supported the roundtable. Shalom criticized the event as “an alarming revisionist attempt to distort the history of the Holocaust” at all institutional levels. In a speech on January 30, Foreign Minister Ekaterina Zaharieva stated that sending Jews to labor camps during World War II was part of the “anti-Semitic repressive machine” established with anti-Semitic legislation.
In July, the municipal council in Blagoevgrad, at the request of Sunni Muslim community leaders, rejected a 10,000-euro ($12,300) donation from the Ahmadi Muslim Community to the city for general emergency relief assistance “in order not to legitimize the organization and its activity in the region.”
The national budget allocated 33.34 million levs ($20.92 million) to registered religious groups for current expenses, such as remuneration for their employees and clerics, education activities, and cemetery maintenance, as well as capital investments, such as construction and maintenance of religious facilities and related expenses, compared with 31.27 million levs ($19.62 million) in 2019. Of the 33.34 million, 27.2 million levs ($17.06 million) went to the BOC; 5.77 million levs ($3.62 million) to the Muslim community; 160,000 levs ($100,000) to Protestant denominations; and 70,000 levs ($43,900) each to the Catholic Church, AAOC, and the Jewish community. No other registered religious groups received government funding. Evangelical Alliance representatives again said Protestants did not receive their fair share of government funding, possibly because they were not represented by a single organization, even though their numbers exceeded one percent of the population.
According to NGOs, souvenirs exhibiting Nazi insignias and imagery continued to be widely available in tourist areas around the country and local governments lacked political will to deal with the problem. The National Coordinator for Combating Anti-Semitism stated that when alerted to them, the national government took steps to close vendors selling Nazi souvenirs.
In May, during Ramadan, President Rumen Radev met with Grand Mufti Mustafa Hadji. Both stated that government and religious institutions must promote solidarity, charity, and mutual assistance among the people.
In August, Shalom expressed concern regarding a statement by Defense Minister Krasimir Karakachanov, who invoked the name of a Jewish-American financier, saying that NGOs linked to him “want to take the power in order to introduce gay marriage.” Shalom stated that, while such statements did not mention the financier’s Jewish heritage, they “have a strong anti-Semitic character and suggest that Jews interfere in the social and economic affairs of countries in the world.”
In March, the Supreme Cassation Court found Boris Yachev, Member of Parliament from the United Patriots coalition, guilty of slander and ordered him to pay 3,000 levs ($1,900) to Jehovah’s Witnesses for a series of statements about them on his party’s SKAT TV that the court ruled “incite religious hatred and threaten to hinder [the religious group’s] activity.” The court overturned two lower court rulings that had found Jehovah’s Witnesses were not eligible to receive compensation for damages resulting from the statements. In his statements, which he made in 2014, Yachev vowed to use his position in parliament to “restrict the unhindered invasion by [religious] emissaries of Bulgarian cities and villages,” describing Jehovah’s Witnesses as “one of the most dangerous and arrogant sects” that needed to be restricted by legal means.
Deputy Foreign Minister Georg Georgiev served as the national coordinator for combating anti-Semitism, publicly denouncing hate speech and anti-Semitism. On November 9, Georgiev commemorated the Kristallnacht anniversary, saying he is proud to be “part of a common cause for ensuring an environment free of any forms of hate speech” by remembering the lessons of history. On December 23, Georgiev denounced the defacement of Plovdiv Synagogue’s front gate with graffiti reading “Israel=Nazis,” calling it a “repulsive,” “undignified,” and “barbarian” act. He stated, “It is essential for every democracy to allow the free expression of political and civilian views, but not by vandalizing, insulting, and violating others’ rights.”
The country is a member of the International Holocaust Remembrance Alliance.
Section III. Status of Societal Respect for Religious Freedom
In August, Shalom received a threat via email of a bomb at the synagogue in Plovdiv. In November 2019, Shalom received an emailed death threat from Black Front, an organization Shalom described as white supremacist. Authorities were investigating both threats.
Anti-Semitic rhetoric continued to appear regularly on social networking sites, in online media articles, and in the mainstream press, and anti-Semitic graffiti, such as swastikas and offensive inscriptions such as “dirty kikes,” appeared regularly in public places. Jewish community leaders also expressed concern regarding what they said was an increasing trend of anti-Semitic and xenophobic propaganda and graffiti.
On December 16, Sofia University fired Mihail Mirchev, a part-time professor, after its ethics commission found his lectures included negative ethnic stereotypes. The firing came after Shalom and other NGOs protested that Mirchev’s lectures featured racist, xenophobic, and anti-Semitic content such as, “Is it possible that Bulgaria could turn into a Jewish country if they, being fewer than one percent, own the state, the capital, the media, and the art?” Mirchev said his words had been taken out of context. In November, prior to Mirchev’s dismissal, Shalom’s criticism of him generated numerous anti-Semitic commentaries such as, “Jews can only learn from a heavy hand and a bullet in the back of the head.”
In November, Shalom notified Sofia Municipality about anti-Semitic and racist posters put up all around Sofia by activists of the Nationalist Social Club 131. In June, Shalom stated organizations such as Revived Bulgaria-Bulgarian National Unity and Military Union-Bulgarian National Movement “Shipka” were spreading online propaganda stating Jews were involved with the COVID-19 pandemic in order to provide “a deadly pseudo-antidote” aimed at “mass extermination of people.” After authorities issued a summons to Revived Bulgaria-Bulgarian National Unity leader Lyudmila Kostadinova informing her that she would be held criminally liable if she continued, the messaging stopped.
According to Jewish community leaders, incidents of vandalism continued, including damaging Jewish graves and painting swastikas and offensive graffiti. For example, in January, vandals broke tombstones and damaged fences in the Jewish cemetery in Shumen. In June, vandals defaced a playground and the facades of adjacent houses in Sofia with 56 swastikas. At year’s end, authorities had not identified any suspects in either incident.
On February 26, Sofia University withdrew honorary degrees it had awarded to Hans Frank, Bernhard Rust, Ewald Robert Valentin von Massow, and Eduard Kohlrausch between 1933 and 1940, complying with a petition from the Bulgarian Association of Holocaust Survivors and Their Children indicating the recipients had been members of the German Nazi Party. According to a university statement, its honorary doctors should not be persons “connected with a hateful ideology or involved in crimes.”
In February, the Pew Research Center published findings on attitudes towards democratic principles, such as regular elections, free speech, and free civil society as well as religious freedom, in 34 countries, based on interviews it conducted in its Spring 2019 Global Attitudes Survey. According to the findings, 58 percent of Bulgarian respondents considered religious freedom to be “very important,” ranking it seventh of their priorities for democratic principles of the nine tested.
Jehovah’s Witnesses reported negative media characterizations of them again declined but that some local online media outlets, such as Konkurent, Blitz, and Utro, continued to misrepresent the group’s activities and beliefs. On April 21, local Ruse media Utro described Jehovah’s Witnesses as “the most dangerous sect in the world” and advised its readers to avoid any contact with the group. Unlike in previous years, Jehovah’s Witnesses reported no cases of hostility or harassment against their members by nongovernment officials, which they attributed to the COVID-19-related restrictions that forced them to switch to online gatherings.
In June, the Evangelical Alliance protested to health authorities that a number of media publications released personal information, such as names and addresses, about members of the Protestant community, including pastors, who tested positive for COVID-19. The alliance stated, “Such information has never been released regarding persons of the Orthodox, Muslim, Catholic, Judaic, Armenian, or any other faith,” and asked health authorities to check whether they had disclosed the information to media. Information as to who released the information was unavailable at year’s end.
Members of the Church of Jesus Christ reported three instances of harassment of missionaries in Varna and Sofia in the first 11 months of the year, a number comparable to the previous year. In 2018, there were 13 instances involving physical assault and harassment against members of the Church.
In June, BOC Metropolitan Ioanikiy called for the removal of a plaque from Sozopol’s main street commemorating the Sri Chinmoy Oneness-Home Peace Run. In a letter to the local government, the Metropolitan stated that many countries considered the Sri Chinmoy Center a “totalitarian religious community” that “degrades the family institution, attacks Christians, and undermines the prestige of the Holy Orthodox Church.” Municipal councilors from the ruling GERB political party in Sozopol expressed support for the Metropolitan’s call to remove the plaque. At year’s end, the plaque, inaugurated by the mayor and the chair of the municipal council, remained in place.
In May, the Supreme Cassation Court refused to review the appeal of the Sri Chinmoy Center against the lower-instance Sofia City Court’s decision dismissing the organization’s claim against Desislava Panayotova, Director of the Center for Religious Research and Consultations and Chief Editor of the webpage of the BOC’s Holy Synod, for discrimination. Panayotova described in a 2008 media article the Sri Chinmoy Center as a “dangerous sect” that operates illegally and spreads “unhealthy religious teachings.”
In January, Alpha Research published a survey of Orthodox Christians and nonbelievers/atheists on their attitudes toward religious minority groups which found 3.4 percent of respondents hated, and 5.6 percent feared, Muslims; two percent hated, and 0.4 percent feared, Jews; 1.5 percent hated, and 2.6 percent feared, Protestants; and 0.5 percent hated, and 0.6 percent feared, Catholics. The rates of mistrust of various groups – which the survey’s authors interpreted as reluctance to openly disclose hatred – were: of Muslims, 25.8 percent; Jews, 10.4 percent; Protestants, 10 percent; and Catholics, 7.6 percent. While the average rate of acceptance of a person of a different religion in one’s neighborhood or working environment was approximately 50 percent, only 3.2 percent of respondents would consider marrying a Muslim, 6.3 percent a Jew, 8 percent a Protestant, and 11.7 percent a Catholic.
On February 14, Regional Mufti of Plovdiv Taner Veli hosted the annual Tolerance Coffee, gathering representatives of the Muslim, Christian, and Jewish communities, local government officials, foreign diplomats, and representatives of civil society. According to the press release from the Mufti’s office, the event commemorated a 2014 attack on the local Cumaya Mosque and was intended to improve relations among religious groups and to prevent the future occurrence of such attacks.
The National Council of Religious Communities, whose members include representatives of Bulgarian Orthodox, Armenian Apostolic Orthodox, Muslim, evangelical Protestant, Catholic, and Jewish communities, continued to serve as a platform for the largest religious groups to organize joint events and defend a common position on religious issues, such as legislative proposals, political statements, and actions by others, and religiously motivated vandalism. In February, members of the council participated in working meetings of the Muslim Denomination and the Central Israelite Religious Council, in which the host groups presented their faiths and ongoing projects. On February 10, the council conducted an interfaith discussion in Sofia on each of its member group’s views on divine revelation. The council substantially curtailed activity soon thereafter due to the COVID-19 pandemic.
Section IV. U.S. Government Policy and Engagement
The U.S. Ambassador and other embassy officials continued discussions with representatives of the Directorate for Religious Affairs, Office of the Ombudsman, Commission for Protection against Discrimination, and local government administrations about cases of religious discrimination, harassment of religious minorities, and initiatives to support interfaith dialogue. In February, the Ambassador discussed religious tolerance during a visit to Vidin with Mayor Tsvetan Tsenkov.
Embassy officials continued to meet with representatives of the BOC, National Council of Religious Communities, Office of the Grand Mufti, Church of Jesus Christ, Jehovah’s Witnesses, and the Catholic, Protestant, Armenian Apostolic Orthodox, Muslim, and Jewish communities to discuss religious discrimination, restitution of religious properties, and legislative proposals restricting foreign funding. Embassy officials also met with human rights groups, such as the Bulgarian Helsinki Committee and Inforoma Center, to discuss these issues.
The Ambassador discussed religious tolerance, support for interfaith dialogue, and opposition to persecution with the Grand Mufti in January. In February, the Ambassador visited the mosque in Vidin, which was under renovation with U.S. funding, where she discussed interfaith dialogue and mutual support with Regional Mufti Necati Ali and Orthodox Metropolitan Daniil. In March, the Ambassador discussed with the Papal Nuncio the Catholic community’s concerns regarding the funding of religious groups and new administrative requirements under the law, such as providing the government with contact information on clerics and other staff.
Canada
Executive Summary
The constitution guarantees freedom of conscience, religion, thought, belief, opinion, expression, and the right to equal protection and benefit of the law without discrimination based on religion. The government does not require religious groups to register, but some registered groups may receive tax-exempt status. In November, the Quebec Court of Appeal reduced the sentence of a man to 25 years before eligibility for parole after he pled guilty in 2018 to six counts of first-degree murder for the 2017 killing of six worshippers at the Islamic Cultural Centre of Quebec. In November and December, a Quebec court concurrently heard challenges by four groups of plaintiffs, including the National Council of Canadian Muslims, Canadian Civil Liberties Association, the English Montreal School Board, a Quebec teachers union, and individuals to strike down as unconstitutional a provincial law prohibiting certain categories of government employees from wearing religious symbols while exercising their official functions. The law remained in force through year’s end. Provincial governments imposed societal restrictions on assembly, including for all faith groups, to limit the transmission of COVID-19, but some religious communities said provincial orders and additional measures were discriminatory. Quebec authorities imposed a temporary mandatory COVID-19 quarantine on a Hasidic Jewish community in a suburb of Montreal that some members said was discriminatory because it applied only to Jews, although the religious community had initiated the quarantine voluntarily. Some members of Hutterite colonies in Manitoba, Saskatchewan, and Alberta said they experienced societal discrimination outside their communities due to provincial governments publishing outbreaks of COVID-19 in Hutterite communities. In January, Quebec Education Minister Jean-Francois Roberge announced plans to abolish the province’s ethics and religious culture course, compulsory in all Quebec schools since 2008 and taught from grades 1 to 11, with the exception of Grade 9. In May, Public Schools of Saskatchewan filed an application with the Supreme Court to appeal a March ruling by the Saskatchewan Court of Appeal that the provincial government continue to fund non-Catholic students attending Catholic schools. The public school plaintiffs stated the case had national implications, including for publicly-funded Catholic schools in Alberta and Ontario, and that conflicting judgments from lower courts required clarity from the country’s top court. In August, the Alberta Human Rights Commission ruled again in favor of two Muslim students barred in 2011 from praying at their nondenominational private school after the Supreme Court returned the case to the commission for a new hearing. The school said it would appeal the second finding of discrimination
Reports continued of anti-Muslim and anti-Semitic incidents, including cases of violence, hate speech, harassment, discrimination, and vandalism. In December, Statistics Canada released hate crime statistics for 2019 showing the number of police-reported religiously motivated hate crimes was 608 incidents, approximately 7 percent lower than in 2018. The B’nai B’rith League Canada for Human Rights recorded 2,207 reports of anti-Semitic incidents in 2019, compared with 2,041 in 2018. On September 18, police charged a male suspect with first-degree murder in the September 12 killing of a congregant in the parking lot of the International Muslim Organization of Toronto mosque in Rexdale, a Toronto neighborhood. Media reports linked the male suspect to white supremacist postings online. Toronto Police Services continued its investigation through December and did not rule out bringing additional hate crime charges. Unidentified individuals damaged statues outside Buddhist temples in Montreal in a series of attacks in February and March, including lion statues symbolizing protection smashed on two different occasions with a sledgehammer at the Quan Am Temple. In January, an unidentified individual pelted the National Holocaust Monument in Ottawa with eggs days after the 75th anniversary of the liberation of Auschwitz-Birkenau.
Embassy, consulate, and other U.S. government officials raised respect for religious freedom and diversity with the government. Embassy officials discussed strategies to combat religious intolerance through engagement with religious leaders, nongovernmental organizations (NGOs), and minority religious groups. The embassy sponsored and participated in public programs and events encouraging interfaith dialogue and freedom of religion. It funded two grants to Liberation75, organizations formed to mark the 75th anniversary of the Holocaust, combat anti-Semitism, and promote education and remembrance. In January, the Consul General in Quebec City hosted an event with representatives of One World Strong, an NGO that offers peer-to-peer support to survivors of terrorism, and the survivors of the 2017 attack at a Quebec City mosque. On September 24, the Consul General hosted 11 Catholic, Anglican, Baptist, Muslim, Jewish, and indigenous animist faith leaders at an interfaith breakfast in which they discussed religious freedom and the impact of COVID-19 on their communities. The embassy and consulates amplified activities and policy content from senior Department of State officials in Washington through social media.
Section I. Religious Demography
The U.S. government estimates the total population at 37.7 million (midyear 2020 estimate). According to the 2011 census, which has the most recent data available on religion, approximately 67 percent of the population self-identifies as Christian. Roman Catholics constitute the largest Christian group (38 percent of the total population), followed by the United Church of Canada (6 percent), Anglicans (5 percent), Baptists (1.9 percent), and Christian Orthodox (1.7 percent). Presbyterian, Lutheran, and Pentecostal groups each constitute less than 2 percent of the population. The Church of Jesus Christ of Latter-day Saints estimates its membership at 199,000. The Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS Church) estimates its membership at 1,000. The Hutterites, or Hutterite Brethren, numbering approximately 35,000, are an Anabaptist ethnoreligious group living primarily in Alberta, Manitoba, and Saskatchewan Provinces. Approximately 3 percent of the population is Muslim, and 1 percent is Jewish. Buddhists, Hindus, Sikhs, Scientologists, Baha’is, and adherents of Shintoism, Taoism, and aboriginal spirituality together constitute less than 4 percent of the population. Approximately 24 percent of the population lists no religious affiliation.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution provides for freedom of conscience, religion, thought, belief, opinion, and expression. Every individual is equal under the law and has the right to equal protection and benefit of the law without discrimination based on religion. The law imposes “reasonable limits” on the exercise of these religious rights only where such restrictions can be “demonstrably justified in a free and democratic society.” The law permits individuals to sue the government for violations of religious freedom. Federal and provincial human rights laws prohibit discrimination on the grounds of religion. Civil remedies include compensation and/or changes to the policy or practice responsible for the discrimination.
The law does not require religious groups to register, but the government grants tax-exempt status to religious groups that register as nonprofit organizations with the Charities Directorate of the Canada Revenue Agency. Nonprofit status provides such organizations with federal and provincial sales tax reductions, rebates, and exemptions. To gain and retain tax-exempt status, a group must be nonpolitical and undergo periodic audits. Charitable status also grants members of the clergy various federal benefits, including a housing deduction under the tax code and expedited processing through the immigration system. The term “clergy” includes persons whose communities have licensed, ordained, or otherwise formally recognized them for their religious leadership and authority to perform spiritual duties and services within their religious organization. Individual citizens who donate to tax-exempt religious groups receive a federal tax receipt entitling them to federal income tax deductions.
The criminal code prohibits the practice of polygamy, which is an indictable offense subject to imprisonment of up to five years.
A Quebec government law passed and implemented in 2019 prohibits certain provincial government employees from wearing religious symbols while exercising their official functions. The law defines a religious symbol as “any object, including clothing, a symbol, jewelry, an adornment, an accessory, or headwear, that (1) is worn in connection with a religious conviction or belief; or (2) is reasonably considered as referring to a religious affiliation.” Among categories included in the law are president and vice presidents of the national assembly; administrative justices of the peace; certain municipal court employees; police, sheriffs, and deputy sheriffs; certain prosecutors and criminal lawyers; and certain principals, vice principals, and teachers, among others. The law also requires anyone seeking certain provincial government services to do so with “face uncovered.” The law invoked the “notwithstanding clause” of the federal constitution, which permits a province to override specific constitutional protections for a period of five years to prevent citizens from bringing challenges to the law based on the federal constitution. The religious symbols ban applies to public school teachers, government lawyers, judges, prison guards, and police officers, among others. It exempts provincial employees working prior to the implementation of the law, but they lose their right to wear religious symbols upon changing jobs or receiving a promotion.
Government policy and practices regarding education, including regulation of religious schools, fall under the purview of the provincial, rather than federal, governments. Six of the 10 provinces provide full or partial funding to some religious schools.
Catholic and Protestant schools in Ontario, Alberta, and Saskatchewan retain the federal constitutionally protected right to public funding they gained when those provinces joined the federation. Other provinces either had no legally recognized denominational schools that qualified for such protection at the time of federation or accession, or they subsequently secured a federal constitutional amendment to terminate religious education funding rights and introduce an exclusively secular publicly funded education system. Federal statutory protection for Catholic and Protestant publicly funded minority education exists in the Yukon, Nunavut, and Northwest Territories, which do not have provincial status. Constitutional or federal statutory protection for public funding of religious education does not extend to schools of other religious groups, although British Columbia, Alberta, Saskatchewan, Manitoba, and Quebec offer partial funding to religious schools of any faith that meet provincial scholastic criteria. The laws permits parents to homeschool their children or enroll them in private schools for religious reasons.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
In November, the Quebec Court of Appeal reduced the sentence of a Quebec man to 25 years before eligibility for parole from 40 years after he pled guilty in 2018 to six counts of first-degree murder for killing six worshippers at the Islamic Cultural Centre of Quebec in 2017. Twenty-five years without parole eligibility is both the minimum term for first-degree murder and the customary maximum. The court ruled the original 40-year term was “grossly disproportionate” and struck down the law permitting consecutive maximum 25-year life sentences without parole as unconstitutional. The court stated its decision pertained to the constitutionality of the law and the arbitrary nature of the sentencing judge’s calculation of the sentence, not to the gravity of the crime. The original sentencing judge had rejected the prosecution’s recommendation for consecutive sentences for the six victims for a total of 150 years as constituting cruel and unusual punishment under the Canadian Charter of Rights and Freedoms. Both the convicted man and the prosecution had appealed the 40-year sentence.
Provinces temporarily banned in-person religious gatherings or imposed restrictions limiting the number of persons permitted to gather to stem transmission of COVID-19 that varied by province. Restrictions fluctuated during the pandemic, based on local conditions. For example, in March, Ontario temporarily banned gatherings of more than five persons for any purpose, including for religious assembly, and then in May, the province loosened some rules, including allowing drive-in worship services, after religious leaders of multiple faiths signed a joint letter to the Premier of Ontario asking for changes for religious groups due to the impact of these limits on religious assembly. Ontario permitted spaces of worship to reopen in June, subject to a 30 percent cap of the capacity of their room or structure. Ontario then tightened regulations on gatherings for any purpose as of September 30 due to an increase in COVID cases in the province, limiting them to 50 persons or fewer in indoor licensed facilities or to 10 individuals or fewer in private facilities, but permitted spaces of worship to retain their ability to host up to a 30 percent cap of capacity indoors and a maximum of 100 persons outdoors. On December 21, Ontario announced additional restrictions on gatherings effective December 26, which included a limit of 10 persons at religious services, funerals, and weddings, whether they occurred indoors or outdoors. Other provinces, such as British Columbia and Alberta, allowed religious gatherings of up to 50 persons as long as physical distancing could be maintained; however, in November, British Columbia prohibited in-person religious services, except for time-sensitive events such as funerals, marriages, or baptisms, with a limit of 10 persons due to a rise in COVID-19 case numbers. Separately, in May, four Toronto-area Orthodox rabbis sent a letter to the Premier arguing the province’s cap on gatherings of five persons prevented Orthodox Jews from meeting their religious obligation for a quorum of 10 males to pray.
In September, Quebec reduced the number of persons who could gather in public places, including places of worship, to 25 to 250 persons in specific regions of the province calibrated to the number of cases of COVID-19 locally, although where settings involved little talking or singing the higher cap of 250 persons applied. In September, a group of Quebec leaders representing various faiths issued a public statement asking for all places of worship to be subject to the 250-person limit. Quebec faith leaders said the province did not consult with religious groups before imposing limits on assembly for religious observance and that the lower limits applied to religious compared to some nonreligious venues constituted discrimination. In November, the Quebec government proposed a “Christmas reprieve” allowing limited social gatherings for Christmas celebrations. Leaders of other faith groups said the decision discriminated against their faiths because the province had not lifted public health restrictions during the year for celebrations of their religious holidays. In December, the government reversed its decision, citing a surge in COVID-19 cases. Also in December, an Alberta judge dismissed an emergency application by two Southern Baptist churches and individuals for a temporary injunction to suspend provincial restrictions to allow for in-person religious and seasonal celebrations of Christmas pending a hearing of their suit, filed earlier the same month, to strike down the restrictions as undemocratic and as a violation of constitutional rights to religious freedom. The judge ruled the public interest outweighed the restrictions of rights and that the application did not meet evidentiary benchmarks to grant an injunction. The court did not hear the suit by year’s end.
In April, some members of the Kiryas Tosh Hasidic Jewish community in Broisbriand, a suburb of Montreal, said they faced police and societal discrimination after local police enforced a mandatory quarantine on the 4,000-member community in response to a significant outbreak of COVID-19 cases among its members. The Kiryas Tosh community had initiated a voluntary self-quarantine that the local municipality made mandatory in late March and applied to “the Jewish community” rather than a geographical area. The quarantine confined residents to their homes except to buy food at community stores or in case of medical emergency. Religious gatherings were initially cancelled per an order by the Quebec government that extended to all faith groups across the province. Some residents said public officials and police singled out Jews in applying the local quarantine order and that the lockdown was disproportionate, and they expressed concern that local authorities and media stigmatized and inaccurately portrayed the Jewish community as responsible for transmitting COVID-19. Local media reported incidents of community members disregarding public health regulations. Other Hasidic community members said police acted appropriately, that the quarantine was imposed in coordination with community leaders, and that the restrictions did not prompt widespread concerns within the Hasidic community.
In October, the federal Royal Canadian Mounted Police (RCMP) reversed a policy that had assigned its officers who wear religiously-mandated beards to desk duty during the COVID-19 pandemic. Representatives of the World Sikh Organization (WSO) in September said the RCMP had failed for six months to respond to its complaint that the police force discriminated against its officers who wear religiously mandated beards. RCMP policy required active duty officers to wear respirator masks during the pandemic, and the force stated that facial hair prevented the masks from forming an effective seal. The WSO said other police forces in the country had made an accommodation for religiously-mandated facial hair, but the RCMP stated that as a federal police force, it was uniquely subject to the federal labor code and federal health and safety regulations requiring a clean-shaven face for proper use of the masks. Opposition parties raised the issue in the federal parliament. Prime Minister Justin Trudeau and federal Minister of Public Safety Bill Blair said the RCMP mask policy was discriminatory and directed the RCMP to find an “appropriate accommodation” to allow officers to serve their communities while practicing their faith. The RCMP permitted bearded officers to respond to operational calls wearing the facemasks in cases where supervisors determined the risk of exposure to COVID-19 was low or where multiple responding officers were present. The RCMP said it continued to work to procure a facemask that met operational and health and safety requirements without discriminating against members.
In November and December, the Quebec Superior (general trial) Court concurrently heard separate challenges by four groups of plaintiffs, including the National Council of Canadian Muslims, Canadian Civil Liberties Association, the English Montreal School Board, a Quebec teachers union, and individuals, to strike down as unconstitutional a provincial Quebec law prohibiting certain categories of government employees from wearing religious symbols while exercising their official functions. The Supreme Court, the country’s highest court of appeal, previously had declined to hear a request for an injunction to suspend the law passed in 2019. The law remained in force through year’s end. The plaintiffs stated a subnational government could not infringe on the fundamental and federally guaranteed constitutional rights granted to all citizens. Although the law applied to the wearing of religious symbols of all faiths, according to press reports, the legislation primarily excluded religious minorities whose religion mandates the wearing of religious symbols or dress from positions of authority, including in education and law enforcement. The press also said the legislation unfairly targeted Muslim women in the province who wear hijabs or other head coverings.
The National Council of Canadian Muslims, Canadian Civil Liberties Association, and an individual plaintiff contested the constitutionality of the law, stating that only the federal government could limit rights to religious observance and that the same principle should apply to a law that attempted to regulate religious nonobservance. The plaintiffs said the law discriminated against faith communities by limiting their ability to access public institutions, and the law’s definition of “religious symbols” was so vague it could not be applied consistently and was therefore discriminatory. The plaintiffs also challenged portions of the law prohibiting individuals from receiving certain government services with their faces covered. The three other organizations that filed separate challenges to the law were a multifaith organization on behalf of three teachers – a Catholic and two Muslims – who wore religious symbols; the English Montreal School Board, the largest English language school board in Quebec; and a Quebec teachers union representing 45,000 teachers. The English Montreal School Board applied for, and was granted, funding for its case through a publicly-funded federal court challenges program. The program was administered independently from the federal government by the University of Ottawa, which selected recipients for program funding based on the human rights significance of their case, but the Premier of Quebec declared the use of federal money to sue the Quebec government an “insult” to Quebec. In February, the Montreal English School Board decided not to accept the funding but continued with its suit.
In September, a Quebec judge who declined to hear a Muslim woman in court in 2015 unless she removed her hijab provided a written apology to complainant Rania El-Alloul. The apology was the result of a negotiated settlement that also terminated related disciplinary proceedings against the judge.
According to media reports, in April, the city of Mississauga, Ontario granted an exemption to its noise bylaws to permit local mosques to broadcast daily calls to prayer outdoors during the month of Ramadan to facilitate religious observance for persons unable or unwilling to worship indoors due to COVID-19. A Facebook group called “Mississauga Call to Prayer on LoudSpeaker Unconstitutional,” which included some self-identified secular Muslims and had 10,445 members as of August, objected to the allowance of the prayer in public spaces. The group launched a crowdfunding drive for a constitutional challenge to the exemption, but did not file suit by the end of the year. Hindu Forum Canada, a Mississauga-based nonprofit advocacy group, opposed the exemption on the grounds that Canada is a multifaith society. The call to prayer was the first time the broadcast was permitted publicly in the country. Other Ontario cities, including Toronto, Brampton, Hamilton, Windsor, and Ottawa, as well as Calgary and Edmonton, Alberta, and Vancouver, British Columbia, issued similar noise bylaw exemptions for Ramadan. Hindu Forum Canada subsequently reversed its opposition and sought and received a similar exemption from the Mississauga City Council for Hindu temples. The city granted an exemption for Hindu temples to broadcast hymns during three major Hindu festivals every evening at 7:00 p.m. for five minutes between August 11 and September 1.
In August, the Alberta Human Rights Commission ruled for the second time in favor of two Muslim students barred from praying at their nondenominational private school. The school had accommodated the boys’ request for prayer space briefly after enrolment in 2011 but withdrew permission on the basis that it contravened the school’s secular character. When the boys continued to pray, the school expelled them. The Alberta Human Rights Commission ruled the school had discriminated on the basis of religion and ordered the school to pay a 26,000 Canadian dollar ($20,400) fine in 2015. The school appealed, and the Alberta Court of Appeal overturned the commission’s finding and ordered a new hearing before the Alberta Human Rights Commission. The commission appealed the order to the Supreme Court, which declined to hear the case, returning it to the commission, which renewed its original finding of discrimination. According to media reports, the school said it would appeal the second finding of discrimination, stating the decision set a “dangerous precedent” in contravening its right to welcome students of all faiths, or no faith, in a secular environment and ignored the human rights of other students. In news reports, Imam Syed Soharwady of the Islamic Supreme Council of Canada said the school was demonstrating “arrogance and ego” and doing the wrong thing by “dragging on” the case, and should apologize and accept the decision.
In January, Quebec Education Minister Jean-Francois Roberge announced plans to abolish the province’s ethics and religious culture course, compulsory in all Quebec schools since 2008 and taught from grades 1 to 11, with the exception of Grade 9. He said the government believed there was “too much” religion in schools and the revision was “part of the government’s desire to offer students a modern citizenship education course” focused on secular “21st century themes” such as democracy, citizen engagement, legal education, sexuality, and ethics. In February, the government held consultations to solicit public comment on content for the new course. The government planned to test the new curriculum in some schools during the 2021-2022 school year and implement it in all Quebec schools in September, 2022. Observers stated the change aligned with the government’s wider vision of a “secular” Quebec, and was consistent with its passage of legislation prohibiting the wearing of religious symbols by provincial public employees.
In May, Public Schools of Saskatchewan filed an application with the Supreme Court to appeal a March ruling by the Saskatchewan Court of Appeal that the provincial government continue to fund non-Catholic students attending Catholic schools. The application remained pending through year’s end. The provincial appeal court unanimously overturned a 2017 lower court ruling that public funding for non-Catholic students to attend Catholic schools discriminated against secular schools and those of other religious groups in favor of Catholic education. The provincial government and the Saskatchewan Catholic School Boards Association welcomed the court of appeal ruling, but the public school plaintiffs stated the case had national implications, including for separate schools in Alberta and Ontario, and the conflicting judgments required clarity from the country’s top court.
In December, the Quebec Superior Court dismissed a request from a Jewish couple for a binding judgment that the province had failed to regulate schools and should provide a remedy to ensure children who attend private religious schools in the province receive an education compliant with the provincial curriculum. The court acknowledged past problems with the schools, but it ruled provincial education authorities acted in accordance with laws in place at the time. It stated the provincial government addressed challenges in 2017 by tightening regulations granting the province broader powers to close illegal schools or to intervene in cases where a child’s education was being neglected, and by allowing ultra-Orthodox children to register for home schooling with the secular curriculum to supplement their religious education. The provincial government further strengthened the regulations in 2019. The court stated the home schooling agreement for ultra-Orthodox Jewish communities was a success. The president of Quebec’s Jewish Association for Homeschooling said parents tried to balance the preservation of their faith with satisfying provincial educational requirements. A significant number of parents had signed home schooling agreements with the provincial education ministry since 2017 that included permitting their children to take provincial tests, and at least one religious school helped prepare its students for such exams.
According to the CanAm Hutterite Colony in southwest Manitoba, in July, provincial governments’ publication of COVID-19 outbreaks in Hutterite communal living settings led to cultural and religious profiling. Media reported that some Hutterites in Manitoba, Saskatchewan, and Alberta were denied service in commercial stores outside their colonies. The country’s chief public health officer and premiers of the three provinces stated publicly that surrounding communities should not stigmatize Hutterite colonies. The premiers and public health authorities said Hutterites were cooperating with testing, and were working with health officials to try to limit the spread of the virus. Some colonies adopted the wearing of masks and/or voluntarily restricted travel into and out of the colonies. In July, at the request of the CanAm Hutterite Colony and responding to the colony’s intention to file a human rights complaint, Manitoba ceased publicly identifying colonies where members had tested positive. Also in July, the Hutterian Safety Council wrote to the Saskatchewan government requesting the same discretion and questioning why Hutterite colonies were identified in case updates in press reports where the virus risk was contained, given that no other societal group was identified with specific outbreaks. Saskatchewan’s chief medical health officer said it was important to inform the public where new cases occurred. The province published updates on outbreaks by region, community name, known source of infection, and case status on its public COVID-19 dashboard, but not by societal or cultural group.
Eight lawsuits by religious and other organizations filed in 2018 that sought to reverse denial of their grant applications by the federal government under the Canada Summer Jobs Program remained pending before the Federal Court, with no hearing scheduled as of the end of the year. The federal government had denied their applications after the recipients would not sign an attestation the government imposed as a condition of receiving funding. The attestation required recipients to confirm that their core mandate and the summer jobs for which they planned to use the federal funds respected the Canadian Charter of Rights and Freedoms, as well as other rights and associated case law, including the right to abortion, reproductive and sexual health services, gender equality, sexual orientation, or gender identity or expression. The plaintiffs stated the attestation infringed on their rights to freedom of religion and of expression.
In February, a Quebec real estate broker asked the Quebec government to formally strike anti-Semitic clauses from archaic certificates of location and deeds of sale that prohibited sales of such property to “persons of Jewish origin.” The Supreme Court invalidated these covenants decades ago, but some remained on paper for older properties. A spokesperson for the Quebec Minister of Justice acknowledged the clauses were discriminatory and said the government “needs to do a more comprehensive legal analysis to assess what would be the best collective remedy.” The spokesperson advised owners who have the clause in their covenants to invalidate them in court or decline to apply them during the sale, but the real estate broker who brought the complaint said the responsibility lay with the government, not property owners. The broker said the government should enact legislation requiring notaries to strike the clauses from documents.
In November, Prime Minister Trudeau appointed the country’s first Special Envoy for Holocaust Remembrance and Combating Anti-Semitism. The Special Envoy was designated to lead the country’s delegation to the International Holocaust Remembrance Alliance (IHRA) and work domestically to promote Holocaust education, remembrance, and research. B’nai B’rith said it had advocated for the appointment of a Special Envoy as part of its “Eight-Point Plan to Tackle Anti-Semitism,” and it described the appointment as “a major step forward in the fight against anti-Semitism” in the country. On January 27, Prime Minister Trudeau issued a statement on International Holocaust Remembrance Day in which he said the country would continue to address a resurgence of anti-Semitism domestically and abroad. He said the government had adopted the IHRA definition of anti-Semitism in its anti-racism strategy; recommitted to the principles of the Declaration of the Stockholm International Forum on the Holocaust; and had supported the adoption of the 2020 IHRA ministerial declaration as part of these efforts. He also reaffirmed the country’s commitment to Holocaust remembrance and education. Also in January, the Governor General, the country’s vice-regal representative, attended the commemoration of the 75th anniversary of the liberation of Auschwitz-Birkenau in Poland, and the Fifth World Holocaust Forum, “Remembering the Holocaust: Fighting Anti-Semitism,” in Jerusalem.
The National Holocaust Remembrance Ceremony in Ottawa scheduled for April 21 was cancelled due to the COVID-19 pandemic. Prime Minister Trudeau issued a statement on Yom HaShoah, Holocaust Remembrance Day, in which he urged citizens to observe the day through virtual or other means and stated, “Sadly, acts of anti-Semitic violence are still frequent today, and it is our solemn duty to stand united and vigilant against all forms of anti-Semitism, hatred, and discrimination. We must be clear: attacks against the Jewish community are attacks against all of us. Today – and every day – we stand with Jewish communities here in Canada and around the world to vow, ‘Never Again’.”
In October, Ontario became the first province to adopt the IHRA definition of anti-Semitism, following its adoption by the federal government in 2019. Elsewhere, debate on the IHRA continued throughout the year. In January, Montreal Mayor Valerie Plante did not support a city council motion for the city to adopt the IHRA definition, stating to media that she was “absolutely not” rejecting the motion, but rather was suggesting Montreal formulate its own definition. Gail Adelson-Marcovitz and Reuben Pouplo, national President of the Centre for Israel and Jewish Affairs (CIJA) and cochair of CIJA-Quebec, respectively, issued a joint communique, stating, “We are deeply disappointed that Montreal Mayor Valerie Plante did not support the adoption of the most widely accepted definition of anti-Semitism. The mayor failed to seize the opportunity and show leadership on International Holocaust Remembrance Day to demonstrate that the City of Montreal is committed to combating anti-Semitism, which is rapidly increasing around the world.” Expressing support for the mayor’s position, members of the NGO Independent Jewish Voices (IJV) stated the IHRA definition was “designed to silence criticism of Israel and Zionism by equating this criticism with anti-Semitism and the wrong way to counter anti-Semitism.” In February, the Canadian Federation of Students endorsed IJV’s position on IHRA, stating the IHRA “infringes on both freedom of expression and academic freedom in post-secondary education campuses.” Other city councils, including the city council of Westmount, a Montreal suburb, and the city council of Vaughan in the Toronto area, endorsed the IHRA definition of anti-Semitism.
According to B’nai B’rith Canada, petitions sponsored by the organization prompted the city council of Ajax, Ontario in August to vote to rename a street in a new subdivision that commemorated the German battleship Admiral Graf Spee, and in November to vote to rename another street that commemorated the ship’s captain, Hans Langsdorff. The vessel and its crew fought for Germany in World War II. In July, B’nai B’rith Canada issued a joint call with the Canadian Polish Congress for the removal of monuments in Edmonton, Alberta and Oakville, Ontario, which the two organizations said honored Nazi collaborators.
Section III. Status of Societal Respect for Religious Freedom
There were reports of physical violence, vandalism, hate speech, and harassment directed at religious groups, in particular against Jews and Muslims. In December, Statistics Canada released hate crime statistics for 2019 that showed a 7 percent decline in the number of police-reported religiously motivated hate crimes, from 657 in 2018 to 608 in 2019.
In 2019, the most recent year for which there were statistics, the B’nai B’rith Canada League for Human Rights reported 14 cases of anti-Semitic violence, compared with 11 in 2018; there were 182 reports of vandalism, including the painting of swastikas and threatening messages on buildings, and 2,011 reports of harassment, compared with 221 and 1,809, respectively, in 2018. The league received 2,207 reports of anti-Semitic cases in 2019, compared with 2,041 reports of anti-Semitic cases in 2018, and 1,752 cases in 2017. More than 90 percent of the occurrences (2,011) involved harassment. Eighty-three percent of all incidents reported in 2019 occurred online or had an online component; the physical location and identities of those posting the online messages were unknown. Occurrences of in-person, compared to online harassment, nearly doubled between 2018 and 2019, rising from 8.6 percent to 16.8 percent, with 238 recorded incidents of bullying of Jewish students by their peers at primary and secondary schools. In 2019, while overall incidents increased across the country, there were significant reductions in all provinces except for Quebec and Ontario, which have the largest Jewish communities in the country. Ontario experienced the greatest increase (62.8 percent) in incidents between 2018 and 2019, from 481 in 2018 to 783 in 2019. Quebec had the largest total number of incidents for a second consecutive year, rising from 709 in 2018 to 796 (up 12.3 percent) in 2019.
According to media reports, on September 18, police charged a male suspect with first degree murder in the killing of a congregant in the parking lot of the International Muslim Organization of Toronto mosque in Rexdale, a Toronto neighborhood, on September 12. The mosque’s security video captured the attack. In the recording, an intruder approached and slashed the neck of the male victim, who was also the mosque’s volunteer caretaker, as he sat alone outside the entrance of the building controlling access to it to comply with pandemic health regulations. Paramedics pronounced the victim dead at the scene. Media reports linked the male suspect to white supremacist postings online. The chief executive of the National Coalition of Canadian Muslims (NCCM) called for police to file hate crime charges and to take stronger steps to dismantle white supremacist organizations, including the creation of a national strategy to counter extremism and hate. The accused remained in custody. Toronto Police Services said it continued the investigation as of December and did not rule out filing additional hate crime charges.
According to media reports, in October, the NCCM publicized violent messages sent by unidentified persons to a Toronto-area mosque, including a threat, “We have the guns to do a Christchurch all over again,” referring to attacks on two mosques in New Zealand in 2019 in which a gunman killed 52 persons. The NCCM declined to identify the mosque for safety purposes, but police confirmed they had opened an investigation of the messages that remained pending through year’s end. The Prime Minister said the threats were “unacceptable” and that Islamophobia and extremism had no place in the country, and separately tweeted that he was “deeply disturbed” by the messages.
According to media reports, a Quebec man pled guilty in June to one charge of inciting hatred in social media posts in 2019. The posts included hate speech against Muslims and Jews, and promoted Aryan supremacy. The court stayed a second charge of inciting hatred and one charge of advocating genocide, and released the man after five months in custody. The court ordered three years probation and prohibited him from using social media during that period.
In September, B’nai B’rith reported several anti-Semitic acts occurring over the Rosh Hashanah holiday, including in Ottawa, where a man spat at worshipers at an outdoor service and called them “dirty [expletive] Jews” as he drove by. On September 18, a man harassed a Jewish father and his son outside a synagogue in Thornhill, a community north of Toronto, yelling, “You’re a piece of [expletive], you’re Jewish, you run the [expletive] world.”
According to B’nai B’rith Canada, the Polish-language newspaper Glos Polski blamed the COVID-19 pandemic on a Jewish plot in an article published in March and republished in April. The article also said Jews created and controlled ISIS, described Israel as “the cause of all the world’s woes” and “an emanation of the Devil himself,” and stated Jews sought to take over Poland. B’nai Brith asked police to open a hate crime investigation. By year’s end, police had not opened an investigation.
According to B’nai B’rith Canada, police in June arrested the publisher of the Polish-language publication Goniec, based in Mississauga, Ontario, for disseminating articles with anti-Semitic content in 2019. The articles accused Jews and Zionists of having “terrorism in their blood,” stated Jews were spying on individuals through the WhatsApp cell phone application, said certain foreign governments were controlled by Jews, and urged readers “to stand up to the Jews.” Police released the man without charge, but cautioned him that they would file charges if he continued to promote hatred against Jews. The news outlet removed the content from its website.
In October, the Privy Council Office (PCO) that serves the Prime Minister confirmed it had opened an internal investigation into social media posts by an employee that allegedly contained anti-Semitic content. The posts reportedly disparaged the genetic heritage of Jews and claimed Jews participated in or enabled Nazi atrocities. The CIJA and the Friends of Simon Wiesenthal Centre brought the complaint. The posts were removed and the PCO issued a statement in which it expressed shock and disappointment with the content. The two organizations said they were gratified the PCO took the complaint seriously.
According to media reports, unknown individuals damaged statues outside Buddhist temples in Montreal in a series of incidents in February and March. Vandals smashed lion statues symbolizing protection with a sledgehammer at the Quan Am Temple on two separate occasions, and damaged statues at two other temples. Vandals also painted crosses on and defaced with graffiti lion statues at the gate of the Chinatown district. Police opened a hate crime investigation, but by year’s end made no arrests in the case.
According to media reports, police released security camera footage in January in an attempt to identify a male suspect in the defacement of the National Holocaust Monument in Ottawa. An unidentified individual pelted the monument with eggs days after the 75th anniversary of the liberation of Auschwitz-Birkenau. Police opened a hate crime investigation, but by year’s end, made no arrests in the case.
In March, according to media reports, an unidentified individual painted a yellow swastika on a garbage can outside the Chevra Mishnayes Synagogue in Winnipeg, Manitoba. The synagogue previously had been targeted with similar vandalism. Police opened an investigation, but by year’s end made no arrests in the case.
In May, police cautioned three teenagers, informed their parents, and counselled the teens after they dumped a metal suitcase painted with a swastika and containing a dead skunk at the side of a road in Innisfil, Ontario in February. The area is home to two synagogues. Police opened a hate crime investigation, but determined the incident constituted an “immature prank” and not an anti-Semitic incident.
In June, according to media reports, police charged a Barrie, Ontario man with nine counts of mischief for painting swastikas and pro-Nazi and Holocaust references at multiple locations in downtown Barrie, including on buildings and on children’s playground equipment in a park. The graffiti included the names of Hitler, Goebbels, and Anne Frank. The vandalism occurred hours before the Barrie City Council voted to create an antiracism task force.
According to B’nai B’rith Canada and the CIJA, in July, high school student protestors in Mississauga, Ontario led and responded to chants in Arabic of “Palestine is our country and the Jews are our dogs” at a rally organized by student organization Sauga for Palestine in opposition to proposed Israeli government annexation of territory in the West Bank. Spokespersons for Sauga for Palestine said the chanting occurred after the protest had concluded and that rally organizers intervened to stop it; the organization also published an apology on its Facebook page. Jewish witnesses said the rally organizers did not stop the chants. The mayor of Mississauga issued a statement that she stood with the Jewish community “in strongly condemning these hateful and disturbing anti-Semitic comments,” and said the right to peaceful protest excluded promotion of hatred against individuals or groups. B’nai B’rith filed a complaint to police to open a hate crime investigation. By year’s end, police had not opened an investigation.
In June, according to media reports, police closed a hate crime investigation and determined it was a case of vandalism after unidentified individuals in May drew a swastika and the words “all heil Hitler” in chalk on the exterior walls of a school in Toronto. The area has a sizeable Jewish population and some of the school’s staff and students are Jewish.
In February, the Pew Research Center published findings on attitudes towards democratic principles, such as regular elections, free speech, and free civil society, as well as religious freedom, in 34 countries, based on interviews it conducted during its Spring 2019 Global Attitudes Survey. According to the findings, 65 percent of Canadian respondents considered religious freedom to be “very important,” ranking it among the lowest of their priorities for democratic principles among the nine tested.
Section IV. U.S. Government Policy and Engagement
Embassy, consulate, and other U.S. government officials raised respect for religious freedom and diversity with the national and provincial governments. They also raised how we might better support individuals persecuted for their religion and counter rising threats to religious freedom. Embassy and other U.S. government officials met with representatives from Global Affairs Canada’s Office of Diversity and Inclusion to discuss issues of religious freedom in the country, including issues raised in this report.
Embassy and consulate officials conducted outreach to religious leaders, NGOs, and religious groups to discuss strategies for combating religious intolerance and promoting inclusion. The embassy funded two grants to Liberation75 to combat anti-Semitism and in support of a Liberation75 international event in May and June in Toronto to mark the 75th anniversary of liberation from the Holocaust. The latter event was postponed to 2021 due to the COVID-19 pandemic. On January 20, the Consul General in Quebec City hosted an event with representatives of One World Strong, an NGO that offers peer-to-peer support to survivors of terrorism, and the survivors of the attack at a Quebec City mosque in 2017. The discussion at the event included promotion of religious freedom.
In March, April, and July, the Consul General in Quebec City met with Catholic, Protestant, Muslim, and Jewish faith leaders to reiterate the U.S. government’s commitment to religious freedom. On September 24, the Consul General hosted 11 Catholic, Anglican, Baptist, Muslim, Jewish, and indigenous animist faith leaders at an interfaith breakfast in which they discussed religious freedom. They also discussed the impact of COVID-19 on their communities and restrictions on their ability to congregate for worship and religious expression, how to foster hope and resilience during the pandemic, and best practices to promote tolerance, diversity, and inclusion. On November 24, the consulate in Quebec City hosted a webinar with a panel of U.S. and Quebec speakers, including survivors of the Boston Marathon bombing, of the Quebec City mosque shooting in 2017, a former member of Al-Qaeda, and a former member of a right-wing extremist group. A survivor of a white supremacist attack described how his attacker targeted him because of his Islamic faith, and the panelists discussed the importance of promoting religious tolerance and interfaith dialogue.
Crimea
Read A Section: Crimea
Ukraine
Executive Summary
In February 2014, armed forces of the Russian Federation seized and occupied Crimea. In March 2014, Russia claimed that Crimea had become part of the Russian Federation. The UN General Assembly’s Resolution 68/262 of March 27, 2014, entitled “Territorial Integrity of Ukraine,” and Resolution 75/192 of December 28, 2020, entitled “Situation of Human Rights in the Autonomous Republic of Crimea and the City of Sevastopol (Ukraine),” declared continued international recognition of Crimea as part of Ukraine. The U.S. government recognizes Crimea is part of Ukraine; it does not and will not recognize the purported annexation of Crimea. Russian occupation authorities continue to impose the laws of the Russian Federation in the territory of Crimea.
According to the Kharkiv Human Rights Protection Group, one of the country’s oldest human rights groups, following Russia’s occupation of Crimea, many religious communities were essentially driven out of the peninsula through registration requirements under newly imposed Russian laws. Only the Ukrainian Orthodox Church-Moscow Patriarchate (UOC-MP) was exempt from these registration requirements. The Russian government reported there were 907 religious communities registered in Crimea, including in Sevastopol, compared with 891in 2019, representing a drop of more than 1,000 since the occupation began in 2014, the last year for which Ukrainian government figures were available. Religious activists, human rights groups, and media reports said Russian authorities in occupied Crimea continued to persecute and intimidate minority religious congregations, including Muslim Crimean Tatars, Jehovah’s Witnesses, and Orthodox Church of Ukraine (OCU) members and clergy. At year’s end, two Jehovah’s Witnesses were serving prison sentences for their faith. According to the NGO Crimea SOS, as of October, 69 Crimean residents remained in prison in connection with their alleged involvement with the Muslim political organization Hizb ut-Tahrir, which is banned in Russia but legal in Ukraine. Russian occupation authorities continued to subject Muslim Crimean Tatars to imprisonment and detention, especially if authorities suspected the individuals of involvement in Hizb ut-Tahrir. In September, Russia’s Southern Area Military Court sentenced seven Crimean Muslim Tatar prisoners arrested in 2017 and 2018 to a maximum-security penal colony. All were initially arrested for their suspected involvement with Hizb ut-Tahrir in Bakhchisarai. According to the international religious freedom NGO Forum 18, Russia continued to prosecute individuals for some types of worship, including imams leading prayers in their own mosques, as “illegal missionary activity.” Ukrainian Greek Catholic Church (UGCC) leaders said they continued to have difficulty staffing their parishes because of the policies of occupation authorities and that they continued to be required to operate under the umbrella of the Roman Catholic Church (RCC). Crimean Tatars reported police continued to be slow to investigate attacks on Islamic religious properties or refused to investigate them at all. The OCU reported continued seizures of its churches. According to the OCU, Russian occupation authorities continued to pressure the OCU Crimean diocese in an effort to force it to leave Crimea. Religious and human rights groups continued to report Russian media efforts to create suspicion and fear among certain religious groups, especially targeting Crimean Tatar Muslims, whom media repeatedly accused of having links to Islamist groups designated by Russia as terrorist groups, such as Hizb ut-Tahrir. Russian media also portrayed Jehovah’s Witnesses as “extremists.”
According to the Krym Realii news website, on the eve of the 76th anniversary of the Soviet authorities’ forced deportation of the Crimean Tatar people from Crimea, unidentified vandals destroyed several tombstones in an Islamic cemetery in Vladyslavivka Village, Nyzhnyohirsk Region. Local police reportedly refused to investigate the incident, attributing it to a family dispute. In April, on the eve of Ramadan, unidentified vandals threw rotten eggs at a mosque in Cheremyzivka Village.
The U.S. government condemned the continued intimidation of Christian and Muslim religious groups by Russian occupation authorities in Crimea and called international attention to religious abuses committed by Russian forces through public statements by the Secretary of State and other senior officials as well as messaging on social media. In a February press statement, the Secretary stated, “Russian occupation authorities continue their assault on human rights and fundamental freedoms. Russian occupation authorities severely limit religious freedom, target religious believers with bogus terrorism charges, and seized the Orthodox Church of Ukraine cathedral in Simferopol. The United States calls on Russia to free all Ukrainians it has wrongfully imprisoned in retaliation for their peaceful dissent and to end Russian abuses of fundamental freedoms in Crimea.” U.S. government officials remained unable to visit the peninsula following its occupation by the Russian Federation. Embassy officials, however, continued to meet in other parts of Ukraine with Crimean Muslim, Orthodox, and Protestant leaders to discuss their concerns over actions taken against their congregations by the occupation authorities and to demonstrate continued U.S. support for their right to practice their religious beliefs.
Section I. Religious Demography
The Crimean Peninsula consists of the Autonomous Republic of Crimea (ARC) and the city of Sevastopol. According to State Statistics Service of Ukraine 2014 estimates (the most recent), the total population of the peninsula is 2,353,000. There are no recent independent surveys with data on the religious affiliation of the population, but media outlets estimate the number of Crimean Tatars, who are overwhelmingly Muslim, is 300,000, or 13 percent of the population.
According to information provided by the Ukrainian Ministry of Culture in 2014 (the most recent year available), the UOC-MP remains the largest Christian denomination. Smaller Christian denominations include the OCU, the RCC, UGCC, and Jehovah’s Witnesses, along with Protestant groups, including Baptists, Seventh-day Adventists, and Lutherans. Adherents of the UOC-MP, Protestants, and Muslims are the largest religious groups in Sevastopol.
There are several Jewish congregations, mostly in Sevastopol and Simferopol. Jewish groups estimate between 10,000 and 15,000 Jewish residents lived in Crimea before the 2014 Russian occupation; no updates have been available since the occupation began. The 2001 census, the most recent, records 671 Karaites.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
Pursuant to international recognition of the continued inclusion of the ARC within Ukraine’s international borders, Crimea continues to be officially subject to the constitution and laws of Ukraine. In the aftermath of Russia’s occupation, however, Russian occupation authorities continue their implementation of the laws of the Russian Federation in the territory. The Muslim group Hizb ut-Tahrir is considered a terrorist organization under the law of the Russian Federation, but not under Ukrainian law. According to Jehovah’s Witnesses, Russian occupation authorities continued to ban Jehovah’s Witnesses in Crimea under a 2017 ruling by the Supreme Court of the Russian Federation.
According to occupation authorities, fines for individuals conducting illegal missionary activity range from 5,000 to 50,000 rubles ($67 to $670); the fine for legal entities is 100,000 to one million rubles ($1,300 to $13,400).
Government Practices
In December, the UN General Assembly adopted a resolution urging Russia to end its “temporary occupation” of Crimea. In his February speech at the UN General Assembly plenary meeting, then-Foreign Affairs Minister of Ukraine Vadym Prystaiko told the UN delegates of the continued large-scale abuses of human rights and fundamental freedoms by Russian occupiers, spotlighting discrimination against Ukrainians of various ethnic and religious minority groups, including Crimean Tatars, Muslims, and members of the Orthodox Church of Ukraine.
According to the Ukrainian human rights organization Crimean Human Rights Group (CHRG), which has offices in Kyiv, 109 individuals were unlawfully incarcerated or imprisoned due to politically or religiously motivated persecution in Crimea during the year, compared with 89 in 2019.
Human rights groups said occupation authorities continued to impede the rights of Crimean Tatars following the 2016 designation of the Mejlis, recognized under Ukrainian law as the democratically elected representative council of Crimean Tatars, as an “extremist organization.” Detentions and forced psychiatric examinations of Crimean Tatar Muslim prisoners continued throughout the year. According to Crimea SOS, as of October, 69 Crimean residents remained in prison in connection with their alleged involvement with Hizb ut-Tahrir. Occupation authorities placed three additional Crimean residents under supervision and two more under house arrest. Russian authorities often accused Muslims of involvement with Hizb ut-Tahrir. In June, OHCHR reported Russian occupation authorities had detained 63 citizens of Ukraine for alleged involvement in Hizb ut-Tahrir activities, 20 of whom had been convicted, including seven individuals who were sentenced in 2019 to prison terms ranging from seven to 19 years.
On September 21, Russian occupation authorities released Tatar blogger Nariman Memedeminov after he had served nearly one year of his sentence. Occupation authorities had detained Memedeminov on terrorist charges in 2018, citing his involvement with Hizb ut-Tahrir. Russia’s North Caucasus Military Court in Rostov-on-Don had sentenced him to two and a half years in prison in October 2019. Human rights activists linked the original verdict to his reporting on the human rights situation in Crimea.
In September, Russia’s Southern Area Military Court sentenced seven Crimean Muslim Tatar prisoners arrested in 2017 and 2018 to a maximum-security penal colony. Marlen Asanov received 19 years, Memet Belialov 18 years, Timur Ibragimov 17 years, Seyran Saliyev 16 years, Server Mustafayev 14 years, and Server Zakiryayev and Edem Smailov both 13 years. The judge found Ernes Ametov not guilty and released him. All were initially arrested for their suspected involvement with Hizb ut-Tahrir in Bakhchisarai.
According to the CHRG, in December, the “Supreme Court of the Republic of Crimea” extended into January 2021 the detention of Imam Bilyal Adilov, Erfan Osmanov, Seyran Murtaza, Server Gaziyev, Mejit Abdurakhmanov, Tofik Abdulgaziyev, Rustem Seitkhalilov, Akim Bekirov, Farkhat Bazarov, Seitveli Seitabdiyev, Shaban Umerov, Riza Izetov, Jemil Gafarov, Alim Karimov, Yashar Muyedinov, Izet Abdulayev, Asan Yanikov, Enver Ametov, Raim Aivazov, and Ruslan Suleimanov. Their cases were under judges’ consideration at year’s end. The group was arrested in March 2019 when armed representatives of the Russian Federal Security Service (FSB), Russian National Guard, and police searched 30 Crimean Tatar homes in Simferopol, Volodymyrivka, Strohanivka, Kamyanka, Bile, Akropolis, and Alkavan, detaining 23 individuals for their alleged links to Hizb ut-Tahrir. During the searches, law enforcement representatives reportedly planted and “found” Hizb ut-Tahrir materials. The detainees’ lawyers were not allowed to be present during the searches.
On December 8, the “Supreme Court of the Republic of Crimea” extended the detention period to January 14, 2021 for Krymska Solidarnist (Crimean Solidarity) activist Remzi Bekirov. On December 10, the “Supreme Court of the Republic of Crimea” extended the detention period to January 14, 2021 for his fellow activists Osman Arifmemetov and Vladlen Abdulkadyrov. The Kyivsky District Court in Simferopol had ordered the arrest of all three men in 2019 on charges related to “terrorism” for their suspected involvement in Hizb ut-Tahrir following searches of their homes. Law enforcement officers reportedly beat Abdulkadyrov while he was in detention.
According to the Jehovah’s Witnesses, Russian occupation authorities continued to ban Jehovah’s Witnesses in Crimea under a 2017 ruling by the Supreme Court of the Russian Federation. According to the OHCHR, all 22 congregations of Jehovah’s Witnesses registered in Crimea had lost their right to operate since the Russian Supreme Court’s 2017 ban on the religious group. As a result, Jehovah’s Witnesses who practice their faith risked retaliation by law enforcement. According to Forum 18, in 2019, a Russian court charged Jehovah’s Witnesses Sergei Filatov and Artyom Gerasimov with organizing an “extremist” organization following a raid by Russia’s FSB on eight homes of Jehovah’s Witnesses in Alupka and Yalta. The Russian FSB had arrested Filatov, a former head of the Jehovah’s Witnesses community in Dzhankoy, in 2018. On March 5, the Yalta City Court initially fined Gerasimov 400,00 rubles ($5400); the Dzhankoy District Court sentenced Filatov to six years imprisonment on extremism-related charges. On May 26, Filatov lost his appeal. On June 4, the “Supreme Court of the Republic of Crimea” revoked Gerasimov’s fine and sentenced him to six years in prison, matching Filatov’s sentence. Forum 18 stated authorities transferred Filatov and Gerasimov to a prison in Russia during the summer and, as of September 30, had not allowed them to receive letters.
Forum 18 reported authorities transferred Muslim prisoner of conscience Renat Suleimanov to Russia in January and did not allow him to receive letters written in his native Tatar language.
According to the Kharkiv Human Rights Protection Group, on May 26, armed FSB, Russian National Guard, and masked riot police raided four homes of Jehovah’s Witnesses in Kerch, arresting Artem Shabliy. Reportedly, Shabliy was accused of having “drawn others into the activities of an extremist organization” by discussing the Bible with them.
According to the Kharkiv Human Rights Protection Group, on October 1, armed searches on nine Jehovah’s Witness homes in Sevastopol led to the arrests of four men: Yevhen Zhukov, Volodymyr Maladyka, Volodymyr Sakada, and Ihor Schmidt. All four remained imprisoned at year’s end. According to Forum 18, in November, Svetlana Sakada, the wife of one of the four detained, said her husband was not guilty of extremism-related charges. Forum 18 reported the four faced up to 10 years in prison if convicted on “extremism”-related charges, and that another Jehovah’s Witness, Viktor Stashevsky, was on trial on the same charges.
OHCHR reports consistently found that a pattern of criminalization of affiliation with or sympathy toward Muslim groups banned in the Russian Federation that continued to disproportionately affect Crimean Tatars. According to the report, these cases raised concerns about the right to a fair trial, as the detainees’ hearings often banned cameras, media, and family members from the courtroom. OHCHR reported that Russian courts in Crimea cited the “need to ensure the safety of the participants in the proceedings,” but that the defendants’ lawyers and family members said Russian occupation authorities excluded the public from court hearings to limit public awareness of trials, restrict public scrutiny, and exert additional pressure on the defendants.
On April 1, “prosecutors” reportedly charged Imam Yusuf Ashirov with conducting “illegal missionary activity” for leading Friday prayers at the Yukhary-Jami Mosque in Alushta. Ashirov denied the charges, explaining to the “deputy prosecutor” that he preached only to other mosque members and that he had “no desire to break the law.” Ashirov stated he suspected the charges against him stemmed from authorities’ attempts to transfer the mosque to the “state.” Similarly, in March, a court in Simferopol reportedly fined Imam Rasim Dervishev for “illegal missionary activity” for leading services. Devishev’s lawyer stated, “It is absurd to require anyone to ask permission to conduct religious rituals,” and he argued that Dervishev had not spoken to anyone outside the mosque about his religious belief. Dervishev paid a fine of between 5,000 and 30,000 rubles ($67 and $400). Reportedly, in April, Imam Dilyaver Khalilov faced similar charges for leading services at a mosque in Zavetnoye. Occupation authorities withdrew charges against Khalilov after the COVID-19 pandemic struck. In August, authorities seized Khalilov’s mosque, stating it was not registered as a mosque but rather as a sports complex. The Muslim community had repaired the dilapidated building and registered it as a mosque with the Ukrainian authorities in 2000.
According to the CHRG, in September, occupation authorities charged members of four churches (Catholic, Baptist, and two evangelical) with “illegal missionary activity.”
Forum 18 reported that occupation authorities brought 20 cases against individuals and religious communities for failing to use the full legal name of a registered religious community on websites or meeting places, compared with 11 such cases the previous year. Sixteen of the cases involved fines of 30,000 rubles ($400, one month’s average local wage), while three defendants received a warning. The remaining case was under review at year’s end. On November 20, a member of one of the fined religious communities told Forum 18, “The prosecutor told us we would get a warning, but when the case came to court, it was a different prosecutor, who demanded that we be fined. We didn’t expect this turn of events.”
According to Krymska Solidarnist and Forum 18, local authorities continued a ban on the Tablighi Jamaat Muslim missionary movement in Crimea under a 2009 ruling by the Supreme Court of the Russian Federation. The movement is legal in Ukraine. A Russian labor camp relocated Tablighi Jamaat Muslim Renat Suleimanov from the camp’s punishment cell to its “strict section.” The camp administration stated he was being punished for a conflict with another prisoner, but Suleimanov’s lawyer stated the accusation was fabricated as an excuse to punish his client. In January 2019, a Simferopol court had jailed Suleimanov for four years on “extremism”-related charges for meeting openly in mosques with three friends to discuss their faith.
The Ministry of Justice of Russia said 907 religious organizations were registered in Crimea, including 108 in Sevastopol, as of year’s end, compared with 891 and 105, respectively, in 2019. The number of religious organizations had dropped by more than 1,000 since the occupation began in 2014, the last year for which Ukrainian government figures were available. Registered religious organizations included the two largest – the Christian Orthodox UOC-MP and the Spiritual Administration of Muslims of Crimea – as well as various Protestant, Jewish, Roman Catholic, and Greek Catholic communities, among other religious groups.
Human rights groups reported Russian occupation authorities continued to require imams at Crimean Tatar mosques to inform them each time they transferred from one mosque to another.
The RCC reported it continued to operate in the territory as a pastoral district directly under the authority of the Vatican. Polish and Ukrainian RCC priests were permitted to stay in the territory for only 90 days at a time and required to leave Crimea for 90 days before returning.
UGCC leaders said they continued to have difficulty staffing their parishes because of the policies of occupation authorities and continued to have to operate as a part of the pastoral district of the RCC.
According to the OCU, Russian occupation authorities continued to place pressure on the OCU Crimean diocese in an effort to force it to leave Crimea. Only six of the 15 churches, identifying as OCU but required to reregister after the Ukrainian Orthodox Church-Kyiv Patriarchate (UOC-KP) joined the unified OCU, were functioning in 2019-2020, compared with five in 2018 and eight in 2017. At year’s end, three of those were “on the verge of closure.” According to RFE/RL, Halya Coynash of the Kharkiv Human Rights Protection Group stated the OCU was one of the few remaining symbols in Crimea of “Ukrainian identity,” making it a target for the local Russia-installed leaders. Describing Russia’s treatment of believers in Crimea, OCU Metropolitan Epiphaniy told RFE/RL, “This is reminiscent of the Stalin era of the U.S.S.R., when churches were destroyed.”
In March, Ukraine’s Cabinet of Ministers placed the Saints Volodymyr and Olha Cathedral, the only OCU church building in Simferopol and the location of the OCU diocesan administration, under state ownership in an attempt to draw international organizations’ support to help defend it from the occupiers. On July 23, Russian occupation authorities ordered Archbishop Klyment, elevated to Metropolitan on August 9, to demolish the Church of the Exaltation of the Holy Cross in Yevpatoriya or face criminal prosecution. Klyment’s appeal of the order continued through year’s end.
According to Freedom House, the Russian FSB encouraged residents to inform on individuals who expressed opposition to the purported annexation, including support for Crimean Tatars, condemnation of the designation of Jehovah’s Witnesses and Hizb ut-Tahrir as extremist groups, or the oppression of the OCU.
Religious and human rights groups continued to report Russian media efforts to create suspicion and fear of certain religious groups, especially targeting Crimean Tatar Muslims, whom media repeatedly accused of having links to Islamist groups that were designated by Russia as terrorist groups, such as Hizb ut-Tahrir. Russian media also portrayed Jehovah’s Witnesses as “extremists.”
Section III. Status of Societal Respect for Religious Freedom
According to Krym Realii, on the eve of the 76th anniversary of the Soviet authorities’ forced deportation of the Crimean Tatar people from Crimea, unidentified vandals destroyed several tombstones in an Islamic cemetery in Vladyslavivka Village, Nyzhnyohirsk Region. Local police reportedly refused to investigate the incident, attributing it to a family dispute. According to the Advet.org news website, in April, on the eve of Ramadan, unidentified vandals threw rotten eggs at a mosque in Cheremysivka Village.
Section IV. U.S. Government Policy and Engagement
The U.S. government continued its efforts to focus international attention on the religious freedom-related abuses committed by Russia-led forces and occupation authorities in Crimea, especially on actions taken by those forces and authorities against Muslims and Christians, through public statements by the Secretary of State and other senior officials, as well as messaging on social media. In a statement on February 26, the Secretary said, “Russian occupation authorities continue their assault on human rights and fundamental freedoms. Occupation authorities severely limit religious freedom, target religious believers with bogus terrorism charges, and seized the Orthodox Church of Ukraine cathedral in Simferopol. The United States calls on Russia to free all Ukrainians it has wrongfully imprisoned in retaliation for their peaceful dissent and to end Russian abuses of fundamental freedoms in Crimea.” U.S. government and embassy officials condemned the continuing intimidation of Crimean citizens. The Acting Assistant Secretary for European and Eurasian Affairs participated in an Organization for Security and Cooperation in Europe side event on Crimea, stating, “Russian occupation authorities continue to harass, arrest, and prosecute activists, journalists, and members of civil society, simply for their expressing their opposition to the occupation or for being a member of an ethnic or religious minority group on the peninsula. They sustained a brutal campaign of repression against Crimean Tatars, ethnic Ukrainians, and members of other ethnic and religious minority groups in Crimea, raiding mosques, homes, and workplaces without justification or process and leaving these communities in a state of constant fear.”
Although embassy and other U.S. government officials remained unable to visit Crimea following the Russian occupation, embassy officials continued to meet in other parts of Ukraine with Muslim, Orthodox, and Protestant leaders from Crimea. The leaders discussed their concerns over actions taken against congregations by Russian occupation authorities and reassured the religious leaders of continued U.S. support for the right of all to practice their religious beliefs. In August, embassy officials met with Metropolitan Klyment and discussed pressures on his church in Crimea. Embassy officials told religious leaders the United States would continue to support religious freedom in Crimea and would press Russian occupation authorities to return confiscated property and release prisoners incarcerated for their religious or political beliefs.
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Ukraine
Croatia
Executive Summary
The constitution provides for freedom of religious thought and expression and prohibits incitement of religious hatred. All religious communities have the same religious protections under the law. The government has written agreements with the Roman Catholic Church that provide state financial support and specific tax and other benefits; 19 other registered religious communities have agreements with the state offering benefits not available to registered religious communities without such agreements or to unregistered religious groups. Serbian Orthodox Church (SOC) representatives said that although some property had been returned, the restitution of property seized by the Yugoslavia government remained an outstanding issue. This was echoed by representatives of the Catholic Church. The British newspaper The Guardian reported that some police officers spray-painted Christian crosses on the heads of presumably Muslim migrants attempting to illegally enter the country during Ramadan with the intent to “mark, humiliate, and traumatize” them. The Interior Ministry said The Guardian’s report was a “premeditated attack” against the government that incited religious intolerance without knowledge of the facts, as authorities maintained “excellent relations with the Islamic religious community.” Interior Ministry officials said they investigated all allegations and found no irregularities in the conduct of police in this case. In October, Minister of Culture and Media Nina Obuljen Korzinek attended the installation of the first of 20 Stolpersteine stones or “stumbling blocks” recognizing Jewish victims of the Holocaust in Zagreb and said the project would educate society regarding the Holocaust. Senior government officials, a representative from the Alliance of Anti-Fascists, and leaders of the Serbian, Roma, and Jewish communities jointly commemorated victims of the World War II concentration camp at Jasenovac for the first time since 2015. On January 23, the parliamentary Education, Science, and Culture Committee for the first time adopted a resolution encouraging state institutions and civil society organizations to promote the International Holocaust Remembrance Alliance’s (IHRA) definition of anti-Semitism.
SOC representatives anecdotally reported incidents targeting individuals of Serbian ethnicity increased compared with 2019, including physical and verbal attacks, especially in the city of Vukovar, a site of intense fighting during the war in the 1990s, although they said they did not have detailed records on the number of incidents. According to SOC representatives, it was unclear if these incidents were religiously or ethnically motivated. As in recent years, members of some Jewish groups reported hate speech, especially on the internet, and incidents such as graffiti on Jewish-owned buildings. Representatives of the Jewish community expressed concerns regarding the use of Ustasha (pro-Nazi World War II era government) insignia in society. On February 4-5, the country’s Islamic leaders and the Muslim World League, in cooperation with the Croatian Conference of Catholic Bishops, organized an international conference entitled “Human Fraternity as the Foundation of Peace and Security in the World,” focusing on world peace and coexistence.
U.S. embassy officials discussed the status and treatment of religious minorities, anti-Semitism, and Holocaust revisionism with cabinet ministers and other senior government officials. During the year, embassy officials attended major events that emphasized the importance of Holocaust remembrance and interreligious dialogue. Embassy officials continued to encourage the government to amend legislation covering Holocaust-era property restitution to allow for restitution and compensation claims with a revised deadline for new applications. Embassy officials discussed religious freedom issues, including freedom of expression and efforts to counter discrimination, with nongovernmental organizations (NGOs) and representatives from a broad spectrum of religious groups. In January, the embassy launched a monthly diversity and inclusion initiative in which embassy staff engaged representatives from different religious and secular groups to promote tolerance and discuss challenges and cooperation among different religious communities.
Section I. Religious Demography
The U.S. government estimates the total population at 4.2 million (midyear 2020 estimate). According to the 2011 census (the most recent), 86.3 percent of the population is Catholic, 4.4 percent Serbian Orthodox, and 1.5 percent Muslim. Nearly 4 percent identify as nonreligious or atheist. Other religious groups include Jews, Protestants, and other Christians. According to the World Jewish Congress, there are approximately 1,700 Jews.
Religious affiliation correlates closely with ethnicity. Ethnic Serbs are predominantly members of the SOC and live primarily in cities and areas bordering Serbia and Bosnia and Herzegovina. Most members of other minority religious groups reside in urban areas.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution provides for equality of rights regardless of religion, as well as freedom of conscience and religious expression. It prohibits incitement of religious hatred. According to the constitution, religious communities shall be equal under the law and separate from the state; they are free to conduct religious services publicly as well as open and manage schools and charitable organizations under the protection and with the assistance of the state.
The Roman Catholic Church receives state financial support and other benefits established by four concordats between the government and the Holy See. One of these agreements provides state financial support for some religious officials. Another agreement stipulates state funding for religious education in public schools.
The law defines the legal position of religious communities and determines eligibility for government funding and tax benefits. Registered religious communities are exempt from taxes on the purchase of real estate, the profit/capital gains tax, and taxes on donations. According to the law, a religious community previously active as a legal entity before enactment of the current law in 2002 (amended in 2013) need only submit its name, the location of its headquarters, information on the office of the person authorized to represent it, and the seal and stamp it uses to register. To register as a religious community, a religious group without prior legal status as a religious community must have at least 500 members and have been registered as an association, with at least three members, for at least five years. To register as a religious community, a group submits a list of its members and documentation outlining the group’s activities and bylaws and describing its mission to the Ministry of Justice and Public Administration. Nonregistered religious groups may operate freely but do not receive tax benefits. They may conduct financial transactions as legal entities. A contractual agreement with the state, which grants a registered religious community eligibility for further funding and benefits, defines the community’s role and activities and provides for collaboration with the government in areas of joint interest, such as education, health, and culture.
There are 55 registered religious communities, including the Roman Catholic Church, SOC, Bulgarian Orthodox Church, Christian Adventist Church, Church of Christ, Church of God, Croatian Old Catholic Church, Catholic Old Church, Evangelical Church, Macedonian Orthodox Church, Pentecostal Church, Reformed Christian Church, Union of Baptist Churches, Seventh-day Adventist Reform Movement, The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), Union of Pentecostal Churches of Christ, Coordination Committee of Jewish Communities in Croatia (an umbrella group of nine distinct Jewish communities), Jewish Community of Virovitica, Bet Israel (a Jewish group), and the Islamic Community of Croatia. In addition to the Roman Catholic Church, 19 of the registered religious communities have formal agreements with the state that more clearly define activities and cooperation, such as in the areas of marriage and of religious education in public schools. These groups may access state funds for religious activities.
The state recognizes marriages conducted by registered religious communities that have concluded agreements with the state, eliminating the need for civil registration. Marriages conducted by registered communities that have not concluded agreements with the state, or by nonregistered religious groups, require civil registration.
Registered religious communities that have not concluded agreements with the state and nonregistered religious groups may not conduct religious education in public schools. Nonregistered religious groups have no access to state funds in support of religious activities, including charitable work, counseling, and building costs. Registered religious communities that have not concluded agreements with the state and nonregistered religious groups may engage in worship, proselytize, own property, and import religious literature. Only registered religious communities, with or without agreements with the state, may provide spiritual counsel in prisons, hospitals, and the military.
Public schools at both the primary and secondary levels must offer religious education, although students may opt out without providing specific grounds. The Catholic catechism is the predominant religious text used. Other religious communities that have agreements with the state may also offer religious education classes in schools if there are seven or more students of that faith. Eligible religious communities provide the instructors, and the state pays their salaries. Private religious schools are eligible for state assistance and follow a national curriculum. Registered religious communities may have their own schools. Unregistered religious groups may not have their own schools.
Education regarding the Holocaust is mandatory in the final year of elementary school (eighth grade) and during the final year of high school.
The law allows foreign citizens whose property was confiscated during and after the Holocaust era to seek compensation or restitution if the applicant’s country has a bilateral restitution treaty with the state; however, no such bilateral treaties currently exist. Two court cases have held that such treaties are not required; however, the law has not changed. The law does not allow new property claims because the deadline expired in 2003.
The ombudsperson is a commissioner appointed by parliament responsible for promoting and protecting human rights and freedoms, including religious freedom. The ombudsperson examines citizens’ complaints pertaining to the work of state bodies, local and regional self-governments, and legal persons vested with public authority. The ombudsperson may issue recommendations to government agencies regarding human rights and religious freedom practices but does not have authority to enforce compliance with his or her recommendations.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
In May, during Ramadan, an article with photographs in the British newspaper The Guardian stated local police officers spray-painted Christian crosses on the heads of (presumably Muslim) migrants attempting to enter the country illegally. According to the article, the police officers intended to “mark, humiliate, and traumatize” the migrants, since the migrant population is predominantly Muslim. In a press release responding to the allegations, the Interior Ministry said, “The publication of such an article during the month of Ramadan, which incites religious intolerance, is especially worrisome and warrants scathing denunciation. The fabrication that migrants are marked in the sign of the cross because of their faith demonstrates the author’s ignorance and a premeditated attack against Croatia without any knowledge of the basic facts. Croatian authorities have excellent relations with the Islamic religious community, which is greatly valued in the Croatian society and which the worldwide public recognizes as an exemplary cooperation between religious communities.” Interior Ministry officials said they investigated all allegations and found no irregularities in the conduct of police in this case.
SOC representatives said their community still had outstanding issues with the government, mainly regarding repossession of property and residential buildings that the government appropriated during the Yugoslav period. The government reported that since 1999 the state had returned in-kind or provided compensation for 323 properties, including businesses and agricultural and forest land, to the SOC. Representatives of the Eparchy of Slavonia (a territorial division of the SOC) said the government returned 383 hectares (946 acres) of forest during the year, which belonged to the SOC’s Pakra Monastery. Some SOC representatives reported problems with enforcement of legal decisions in their favor regarding return of their properties, which in some cases, such as for properties with tenants, led to delays in the SOC being able to physically take possession of the properties.
Catholic Church representatives also said there remained a significant number of outstanding claims for Catholic properties appropriated during the Yugoslav period.
In September, the ombudsperson for children said her office “sees a problem in religious content being practiced often in some schools even outside religious education classes, for example at school events and during the school lessons, which are intended for all pupils,” and said this was unacceptable. In response, media quoted Prime Minister (PM) Andrej Plenkovic, who said he “did not understand the criticism, noting that religion was part of the Croatian tradition and identity.” The ombudsperson also said some elementary students not enrolled in religious studies courses were required to attend those classes because due to COVID-19 restrictions, there were no alternative spaces within the schools while the religious studies classes were in session. She stated that religious education, like any other elective subject, should be held at the start or end of the day, with an alternative elective offered to elementary students who do not attend such classes, similar to the practice in secondary schools, which offer ethics as an alternative subject.
Atheist, Jewish, and Serbian Orthodox organizations continued to report that although the law allows students to opt out of religious education, in practice most public primary schools did not offer any alternatives to Catholic catechism.
Atheist groups continued to complain that Roman Catholic symbols remained prevalent in government buildings such as courtrooms, prisons, and public hospitals. They said they believed this practice was inconsistent with the constitution, which states religious communities shall be separate from the state.
On July 23, President Zoran Milanovic held talks with Porfirije Peric, Metropolitan of Zagreb and Ljubljana, on the activities and concerns of the Church and its relationship with the government, as part of the government’s regular engagement with leaders of the country’s major religious groups.
On June 3, the High Misdemeanor Court in Zagreb ruled the use of the slogan Za Dom Spremni (For the Homeland, Ready) by singer Marko “Thompson” Perkovic contained in one of his songs was not illegal. The slogan was used by the pro-Nazi World War II-era government of the Independent State of Croatia. According to a majority ruling, Perkovic’s use of the slogan did not violate the Law on Misdemeanors against Public Order and Peace because it was used in the context of a song. In its statement on June 3, the Zagreb-based chapter of NGO Human Rights House said the decision was contrary to the article of the constitution prohibiting incitement of national, racial, or religious hatred. In 2019, the court ruled in a separate case that the slogan “conveyed hatred towards people of different races, religions, and ethnicities” and fined a singer who performed Perkovic’s song.
On October 1, Minister of Culture and Media Nina Obuljen Korzinek attended the installation of the first of 20 Stolpersteine stones or “stumbling blocks” recognizing Jewish victims of the Holocaust in Zagreb. Obuljen Korzinek said the project would educate society regarding the Holocaust, and such education was a vital component to nurturing a modern, democratic society in the European Union. The Center for Promotion of Tolerance and Preservation of Holocaust Remembrance, the Bet Israel Jewish community, and the Spuren Foundation organized the installation.
On April 22, PM Plenkovic and President Milanovic attended the annual commemoration for the victims killed by the Ustasha regime at the Jasenovac World War II prison camp. The Jewish community, along with the Serb National Council, a representative of the Roma minority, and the Alliance of Antifascist Fighters joined the official commemoration for the first time since 2015. PM Plenkovic said his government had no tolerance for historical revisionism, while President Milanovic said the commemoration “sent a message with no speeches.” Head of the Jewish Community of Zagreb Ognjen Kraus said he attended to “extend the hand of friendship and goodwill” but still sought tangible results from the government in the fight against historical revisionism. Serbian Independent Democratic Party President and Member of Parliament Milorad Pupovac stated the participation of the victims’ groups, in spite of a March earthquake in Zagreb and the COVID-19 pandemic, represented a show of solidarity.
On February 5, PM Plenkovic opened a Holocaust exhibition in Zagreb entitled “If I forget you…The Holocaust in Croatia 1941-1945 – Final destination Auschwitz” near the site where Jews were transported to concentration camps in the country and across Europe. Plenkovic highlighted the Ustasha in his speech, noting, “We forget every time we fail to clearly speak about the Holocaust, notably about the consequences of the undemocratic, totalitarian, and racist Ustasha regime in Croatia.”
In January, in remarks at the commemoration of the 75th anniversary of the liberation of the Auschwitz-Birkenau concentration camp in Poland, Plenkovic said, “Awareness and education of young people about historical atrocities, particularly about the Holocaust, is key so that present and future generations can build a society in which there is no room for exclusion, intolerance, and violence.” He also stated, “The unspeakable pain of Auschwitz and many other Nazi camps commits us to strongly resist any such attempts and all forms of discrimination and hatred, and to advocate the values of peace, tolerance, and dialogue.”
PM Plenkovic and other officials laid wreaths in the Jewish section of the Mirogoj Cemetery in Zagreb on January 24 to commemorate International Holocaust Remembrance Day. Plenkovic said the country needed to work not only on a culture of remembrance, but also on protecting human rights and promoting tolerance in society.
In January, the Ministry of Foreign Affairs published a press statement saying the country, as a member of the IHRA, had been recognized as actively involved in Holocaust education, research, and commemoration. On January 19, together with ministers from other member countries, Minister of Foreign Affairs Gordan Grlic-Radman participated in an IHRA ministerial conference and said, “Croatia attaches great importance to educating the youth about the causes and consequences of the Holocaust. Holocaust education is a part of Croatia’s school curriculum. The IHRA’s recommendations on Holocaust education have been translated to Croatian and will be presented at the national conference on Holocaust education.”
On January 23, the parliamentary Education, Science, and Culture Committee for the first time adopted a resolution on the occasion of International Holocaust Remembrance Day and the 75th anniversary of the liberation of the Auschwitz-Birkenau concentration camp. The resolution encouraged state institutions and civil society organizations to promote the working definition of anti-Semitism adopted by the IHRA. The committee emphasized that education, particularly of children and young people, has an essential role in the prevention of intolerance and xenophobia, and highlighted the need for remembering the victims of the Holocaust in a dignified manner.
During the year, the government did not take action to adopt amendments to legislation providing for restitution of private property from the Holocaust era for foreign claimants or reopen the deadline for potential new claims.
On January 20, as part of an event hosted during the country’s EU presidency, PM Plenkovic met with European bishops who underscored the importance of the EU in promoting and protecting the right to religious freedom both within its borders as well as in relations with third countries.
According to the Office of the Commission for Relations with Religious Communities, the government budgeted 293.1 million kuna ($49.26 million) during the year for the Roman Catholic Church for salaries, pensions, and other purposes, compared with 299.5 million kuna ($50.34 million) in 2019. The government provided funding to other religious communities that had concluded agreements with the state, a portion of which was based on their size, in addition to funds provided to support religious education in public schools and the operation of private religious schools. The government budgeted 22.7 million kuna ($3.82 million) to these groups, compared with 22.0 million kuna ($3.7 million) in 2019. Atheist groups again criticized the government for allocating more to the Roman Catholic Church than to other groups.
Some minority religious and secular groups, including atheist groups, continued to say the Roman Catholic Church enjoyed a special status in relation to other religious communities, in part because of its concordats with the government, which provided the Church with significant financial support, and in part because of its far-reaching cultural, educational, and political influence as the majority religion.
The ombudsperson’s 2019 report released in April stated that as in previous years, there were not many complaints regarding discrimination on the grounds of religion. The complaints mostly referred to religious symbols and religious content in public institutions and the inability to use nonworking days for religious holidays. Amendments to the Law on Holidays, which entered into force in January following recommendations from the Ombudsperson’s Office, stipulated more precisely that Muslims who celebrated Eid al-Fitr and Eid al-Adha and Jews who celebrated Yom Kippur and Rosh Hashanah had the right not to work one day of their choice for each of these holidays with full salary compensation, while Orthodox Christians who celebrated Easter according to the Julian calendar had the right not to work on Easter Monday, also with the right to full salary. The Ombudsperson’s Office said it also received several complaints of potential discrimination against persons who did not belong to the majority Catholic Church because of the overt display of Catholic religious symbols in public spaces, primarily in schools and hospitals. The office received a complaint that one county official held an event on official premises during working hours that included a blessing offered by a priest.
Section III. Status of Societal Respect for Religious Freedom
Because religion and ethnicity are often closely linked, it was difficult to categorize many incidents as being solely based on religious identity.
SOC representatives anecdotally reported increased incidents targeting individuals of Serbian ethnicity compared with 2019, including physical and verbal attacks, especially in Vukovar, a site of intense fighting during the war in the 1990s. They said, however, it was unclear to what extent religious motivations played a part.
According to the Ombudsperson’s Office, the Croatian Bishops’ Conference complained of what it said were sensational or untrue media articles regarding the Catholic Church. As in recent years, members of some Jewish groups reported hate speech, especially on the internet, and incidents such as graffiti on Jewish-owned buildings. Representatives of the Jewish Community of Zagreb expressed concerns regarding the inappropriate use of Ustasha insignia in public.
On February 4-5, the country’s Islamic leaders and the Muslim World League, in cooperation with the Croatian Conference of Catholic Bishops, organized an international conference entitled “Human Fraternity as the Foundation of Peace and Security in the World,” focusing on world peace and coexistence. The conference was held under the auspices of the country’s EU presidency. At the event, the mufti of the Islamic community, Aziz Hasanovic, said that there was no alternative to religious dialogue, highlighting the value of systematic dialogue between the Islamic community and Catholic Church. Then-President Kolinda Grabar-Kitarovic said, “This valuable initiative was an opportunity for Croatia to present itself as a country that promotes the highest standards of religious rights and dialogue.”
Section IV. U.S. Government Policy and Engagement
The Ambassador and embassy staff regularly discussed religious freedom issues, including the status and treatment of religious minorities, anti-Semitism, and Holocaust revisionism, with representatives of the Ministries of Foreign Affairs, Justice and Public Administration, and Culture and Media; the ombudsperson; representatives of parliament; youth representing different religious groups; and other officials.
The Ambassador and embassy staff met with the Ministers of Justice and Administration, Education and Science, senior officials from the Ministry of Foreign Affairs, staff from the Ministry of Culture and Media, and leaders of Jewish organizations to discuss a wide range of issues, including restitution of private and communal properties from the Holocaust era, restitution of art, and Holocaust education and remembrance. U.S. officials continued to encourage the government to adopt amendments to legislation to provide for restitution of private property, including provisions that would unequivocally allow for foreign claims and reopen the deadline for potential new claims. Embassy engagement also focused on the restitution of Jewish communal properties, including resorts, land, cultural centers, synagogues, and cemeteries.
During the year, embassy officials attended major events that emphasized the importance of Holocaust remembrance and interreligious dialogue. On October 1 in Zagreb, embassy officials, along with city and national government officials, select other foreign diplomats, and Jewish group members, attended the installation of the first of 20 Stolpersteine stones recognizing Jewish victims of the Holocaust. During the event, embassy officials discussed with participants the importance of the Holocaust remembrance activities. On February 5, the Ambassador and embassy staff attended the opening of the Holocaust exhibition in Zagreb, during which embassy officials discussed challenges and priorities with the Jewish representatives and the importance of Holocaust remembrance with government officials. Also in February, embassy officials attended the international conference organized by the leadership of the Islamic community and the Muslim World League in cooperation with the Croatian Conference of Bishops. During the conference, embassy staff engaged with senior government officials and religious leaders on the importance of interfaith dialogue.
In January, the embassy inaugurated a diversity and inclusion program that brought representatives from different religious and secular groups each month to speak to the embassy community and share personal views and experiences. The program deepened embassy engagement on religious freedom issues with the invited groups, which included a Jewish group, the SOC, the Islamic community, an atheist group, the Roma community, and the Church of Jesus Christ.
Embassy officials discussed religious freedom issues, including freedom of expression and efforts to counter discrimination, with NGOs such as Human Rights House, Documenta, and Protagora, as well as with representatives from Catholic, Serbian Orthodox, Baptist, Jewish, Muslim, and other religious groups. During the COVID-19 pandemic and March 22 earthquake in Zagreb that damaged or destroyed many religious buildings, embassy officials discussed with religious community representatives their challenges and new opportunities for utilizing social media (rather than meeting in person) to support their members and the most vulnerable within their respective communities. Embassy representatives provided grants to local NGOs for the advancement of education on Holocaust issues in the country. The embassy used social media platforms to highlight a range of religious freedom issues, including support for Holocaust commemorations, and a pluralistic view of faith and religion, particularly among youth in the country.
Cuba
Executive Summary
The country’s constitution contains written provisions for religious freedom and prohibitions against discrimination based on religious grounds. According to the religious freedom advocacy organization Christian Solidarity Worldwide (CSW) and religious leaders, the Cuban Communist Party (CCP), through its Office of Religious Affairs (ORA) and the Ministry of Justice (MOJ), continued to control most aspects of religious life. CSW’s annual report concluded the government “violated freedom of religion or belief routinely and systematically” through arbitrary detentions, false charges, threats, and harassment of religious leaders and religious freedom defenders. The report also noted that during the COVID-19 pandemic, the government confiscated food that some religious groups intended to provide to those in need, blocked overseas humanitarian aid, and threatened and charged religious leaders for “spreading disease.” There were reports that authorities continued to subject leaders of Free Yorubas of Cuba to arbitrary detentions, threats, and verbal harassment. Media and religious freedom defenders reported the government continued to restrict the right of prisoners to practice religion freely, limit or block international and domestic travel, and harass and detain members of religious groups advocating for greater religious and political freedom, including Ladies in White leader Berta Soler Fernandez and Apostolic Church Pastor Alain Toledano. CSW reported 203 documented cases of freedom of religion violations, compared with 260 in 2019, attributing the decrease to the decision of the Ladies in White to halt their weekly attendance at Catholic Mass for seven months during the pandemic. On October 30, state security officers surrounded a church affiliated with Toledano in Santiago de Cuba and destroyed it; authorities arrested Toledano while he live streamed the destruction on Facebook. According to media, authorities temporarily detained Apostolic leader Yilber Durand Dominguez and Christian artist Jose Acebo Hidalgo when they resisted letting government officials into their homes during the COVID-19 quarantine. In March, authorities released homeschooling advocate Ayda Exposito after she served a sentence for “other acts against the normal development of a minor.” Her husband, Reverend Ramon Rigal, was released in July. Media reported authorities threatened to deny the couple custody of their children if they resumed homeschooling. According to religious groups, the ORA and MOJ continued to deny official registration to certain groups, including to several Apostolic churches, or did not respond to long-pending applications, such as those for the Jehovah’s Witnesses and The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ). In April, a female convert to Islam told media she stopped wearing a hijab after her government-run workplace forbade her from wearing it. In January, a member of the Jewish community in Nuevitas, Camaguey Municipality, said a local state prosecutor forced him to sign a document acknowledging that if his children came to school wearing kippahs, he and his wife would be arrested and charged with “acts against the normal development of a minor,” with a potential one-year prison sentence. According to CSW, many religious leaders continued to practice self-censorship because of government surveillance and infiltration of religious groups. A coalition of evangelical Protestant churches, Apostolic churches, and the Roman Catholic Church continued to press for legal changes, including easing registration of religious groups, ownership of church property, and new church construction.
Unlike in previous years, the Community of Sant’Egidio, recognized by the Catholic Church as a “Church public lay association,” was unable to hold an interfaith meeting due to COVID-19 restrictions. Some religious groups and organizations, such as the Catholic charity Caritas, however, continued to gather and distribute relief items, providing humanitarian assistance to individuals regardless of religious belief.
Due to lack of government responsiveness, U.S. embassy officials did not meet with or otherwise engage the ORA during the year. Embassy officials met regularly, both in person and virtually, with a range of religious groups, including Protestants, Jews, Jehovah’s Witnesses, Muslims, and Catholics, concerning the state of religious freedom and political activities related to religious groups’ beliefs. In public statements and on social media, U.S. government officials, including the Secretary of State, continued to call upon the government to respect the fundamental freedoms of its citizens, including the freedom of religion. On October 5, the Secretary stated, “Vast swathes of humanity live in countries where religious freedom is restricted, from places like…Cuba, and beyond.” Embassy officials remained in close contact with religious groups, including facilitating meetings between visiting civil society delegations and religious groups in the country.
On December 2, 2020, in accordance with the International Religious Freedom Act of 1998, as amended, the Secretary of State again placed Cuba on the Special Watch List for having engaged in or tolerated severe violations of religious freedom.
Section I. Religious Demography
The U.S. government estimates the total population at 11.1 million (midyear 2020 estimate). There is no independent, authoritative source on the overall size or composition of religious groups. The Catholic Church estimates 60 percent of the population identifies as Catholic. Membership in Protestant churches is estimated at 5 percent. According to some observers, Pentecostals and Baptists are likely the largest Protestant denominations. The Assemblies of God reports approximately 150,000 members; the four Baptist conventions estimate their combined membership at more than 100,000.
Jehovah’s Witnesses estimate their members at 96,000; Methodists 50,000; Seventh-day Adventists 36,000; Presbyterians 25,000; Anglicans 22,500; Episcopalians 10,000; Anabaptists 4,387 (mostly Iglesia de Los Hermanos en Cristo, the Brethren of Christ), Quakers 1,000; Moravians 750; and the Church of Jesus Christ 357 members. There are approximately 4,000 followers of 50 Apostolic churches (an unregistered loosely affiliated network of Protestant churches, also known as the Apostolic Movement) and a separate New Apostolic Church associated with the New Apostolic Church International. According to some Christian leaders, evangelical Protestant groups continue to grow in the country. The Jewish community estimates it has 1,200 members, of whom 1,000 reside in Havana. According to the local Islamic League, there are 2,000 to 3,000 Muslims, of whom an estimated 1,500 are native born. Immigrants and native born citizens practice several different Buddhist traditions, with estimates of 6,200 followers. The largest group of Buddhists is the Japanese Soka Gakkai; its estimated membership is 1,000. Other religious groups with small numbers of adherents include Greek Orthodox, Russian Orthodox, and Baha’is.
Many individuals, particularly Afro-Cubans, practice religions with roots in the Congo River Basin and West Africa, including Yoruba groups often referred to by outsiders as Santeria, but by adherents as the order of Lucumi or Orisha worship, or Bantu influenced groups referred to as Palo Monte. These religious practices are commonly intermingled with Catholicism and other forms of Christianity and some require Catholic baptism for full initiation, making it difficult to estimate accurately their total membership. Rastafarian adherents also have a presence on the island, although the size of the community is unknown.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
According to the constitution, “the state recognizes, respects, and guarantees religious liberty” and “distinct beliefs and religions enjoy equal consideration.” The constitution prohibits discrimination based on religious beliefs. It declares the country is a secular state and provides for the separation of religious institutions and the state.
The constitution also “recognizes, respects, and guarantees people’s freedom of thought, conscience, and expression.” It states, “Conscientious objection may not be invoked with the intention of evading compliance with the law or impeding another from the exercise of their rights.” It also provides for the “right to profess or not profess their religious beliefs, to change them, and to practice the religion of their choice…,” but only “with the required respect for other beliefs and in accordance with the law.”
The government is subordinate to the Communist Party; the party’s organ, the ORA, enlists the entire government, especially the MOJ and the security services, to control religious practice in the country. The ORA regulates religious institutions and the practice of religion. The Law of Associations requires all religious groups to apply to the MOJ for official registration. The MOJ registers religious denominations as associations on a basis similar to how it officially registers civil society organizations. The application process requires religious groups to identify the location of their activities, their proposed leadership, and their funding sources, among other requirements. Even if the MOJ grants official registration, the religious group must request permission from the ORA each time it wants to conduct activities other than regular services, such as holding meetings in approved locations, publishing major decisions from meetings, receiving foreign visitors, importing religious literature, purchasing and operating motor vehicles, and constructing, repairing, or purchasing places of worship. Groups failing to register face penalties ranging from fines to closure of their organizations and confiscation of their property.
The penal code states membership in or association with an unregistered group is a crime; penalties range from fines to three months’ imprisonment, and leaders of such groups may be sentenced to up to one year in prison.
The law regulates the registration of “house churches” (private residences used as places of worship). Two house churches of the same denomination may not exist within two kilometers (1.2 miles) of one another and detailed information – including the number of worshippers, dates and times of services, and the names and ages of all inhabitants of the house in which services are held – must be provided to authorities. The law states if authorization is granted, authorities will supervise the operation of meetings; they may suspend meetings in the house for a year or more if they find the requirements are not fulfilled. If an individual registers a complaint against a church, the house church may be closed permanently and members subject to imprisonment. Foreigners must obtain permission before attending services in a house church; foreigners may not attend house churches in some regions. Any violation will result in fines and closure of the house church.
The constitution states, “The rights of assembly, demonstration and association are exercised by workers, both manual and intellectual; peasants; women; students; and other sectors of the working people,” but it does not explicitly address religious association. The constitution prohibits discrimination based on religion.
A law in force since July 2019 curtails freedom of expression on the internet to protect against “disseminating information contrary to the common good, morals, decency, and integrity through public data transmission networks.” The penalty for violating the law is 3,000 Cuban pesos ($120) or two to four years in prison.
Military service is mandatory for all men, and there are no legal provisions exempting conscientious objectors from service.
Religious education is highly regulated, and homeschooling is illegal, with parents who homeschool their children subject to arrest.
The country signed the International Covenant on Civil and Political Rights in 2008 but did not ratify it. The government notes, “With respect to the scope and implementation of some of the provisions of this international instrument, Cuba will make such reservations or interpretative declarations as it may deem appropriate.”
Government Practices
CSW’s annual report concluded that the government “violated freedom of religion or belief… routinely and systematically” through arbitrary detentions, false charges, threats, and harassment of religious leaders and religious freedom defenders. It reported 203 documented cases of freedom of religion violations compared with 260 in 2019, attributing the decrease in numbers to the decision of the Ladies in White to halt their weekly attendance at Catholic Mass for seven months during the pandemic. CSW said approximately half of the cases involved threats and harassment, including arbitrary summons of religious leaders and pressure on congregation members to not worship at unregistered churches or else face losing their employment. The report also noted that during the COVID-19 pandemic, the government confiscated food some religious groups intended to provide to those in need, blocked overseas humanitarian aid, and threatened and charged religious leaders for “spreading disease.”
Many religious groups said notwithstanding the constitutional provisions providing for freedom of conscience and religion and prohibiting discrimination based on religion, the government continued to use threats, detentions, violence, and other coercive tactics to restrict the activities of some religious groups, leaders, and followers, including the right of prisoners to practice religion freely. Religious groups also said the government applied the law in an arbitrary and capricious manner. Some religious groups continued to state their concern that the new constitution, in effect since February 2019, significantly weakened protections for freedom of religion or belief, as well as diluting references to freedom of conscience and separating it from freedom of religion.
According to media, prison authorities continued to abuse Christian rights activist Mitzael Diaz Paseiro for his refusal to participate in ideological re-education programs while incarcerated. Diaz Paseiro, imprisoned since November 2017 and recognized by Amnesty International as a prisoner of conscience, was beaten, prohibited from receiving visits or phone calls, denied medical and religious care, confined to a “punishment” cell, and transferred from prison to prison. Diaz Paseiro was serving a three-year and five-month sentence for “pre-criminal dangerousness” for protesting municipal elections in 2017. He remained in prison through year’s end. Media reported police also used violence against individuals protesting Diaz Paseiro’s treatment. On September 30, police detained two Free Yorubas of Cuba leaders who were protesting Diaz Paseiro’s mistreatment, holding them overnight, beating them, and breaking the arm of one of them, Jennifer Castaneda.
In August, the U.S.-based Patmos Institute blogged a statement calling on the Cuban government to recognize religious minority groups, including the Free Yorubas of Cuba. According to the U.S.-based Global Liberty Alliance, authorities continued to subject Free Yorubas of Cuba leaders to arbitrary detentions, threats, and verbal harassment, in addition to the September detentions and beatings of the two Yoruba leaders protesting the mistreatment of Paseiro. In February, police detained a Free Yorubas couple, telling the couple, “There is only one god, Fidel Castro.” According to observers, although Yoruba and other African syncretic religious groups were given latitude to practice their beliefs as individuals, the government selectively recognized groups and leaders based on their favorable view of the government.
Media reported police continued their repeated physical assaults on and brief arrests of members of the Ladies in White; more than 20 women were arrested across the country on March 8, International Women’s Day. Reports indicated the group’s members typically attempted to attend Mass and gather afterwards to protest the government’s human rights abuses. Throughout the year, Ladies in White leader Berta Soler Fernandez reported repeated arrests and short detentions for Ladies in White members when they attempted to meet on Sundays. According to media, because of the government’s intensified pressure on the movement, it lost significant momentum. According to media and NGOs, Soler Fernandez and other Ladies in White members were frequently physically abused while in police custody, as shown in videos of their arrests. After being taken into custody, they were typically fined and released within 24 hours.
According to media, authorities detained Apostolic leader Yilber Durand Dominguez and Christian artist Jose Acebo Hidalgo when they resisted allowing government officials into their homes during the COVID-19 quarantine. Acebo and Durand were released shortly thereafter.
According to media, authorities harassed and threatened journalists reporting specifically on abuses of religious freedom. In September, authorities released journalist and lawyer Roberto Quinones, imprisoned in April 2019 while reporting on a trial involving religious expression. Reportedly, he left prison having lost a significant amount of weight due to insufficient food.
According to media, in March, authorities released homeschooling advocate Ayda Exposito after having served 11 months of an 18-month sentence for “other acts against the normal development of a minor.” Her husband, Reverend Ramon Rigal, was released in July. After the couple was released from prison, authorities threatened to deny them custody of their children if they resumed their prior activities (homeschooling their children). Patmos reported that on August 9, journalist Yoel Suarez Fernandez was detained and threatened for reporting on the Quinones and Rigal cases, and authorities confiscated his phone. In February, he had been prohibited from leaving the country.
According to media sources, Oscar Kendri Fial Echavarría was scheduled for trial in late December for refusing compulsory military service after declaring himself a conscientious objector because of his Christian faith. His trial was subsequently suspended. Echavarría had previously been detained by state security in October and early December.
According to CSW, many religious groups continued to state their lack of legal registration impeded their ability to practice their religion. Several religious groups, including the Jehovah’s Witnesses and the Church of Jesus Christ, continued to await a decision from the MOJ on pending applications for official registration, some dating as far back as 1994. Despite a 2019 letter from Cuban Ambassador to the United States Jose Cabanas to the First Presidency of the Church of Jesus Christ in Salt Lake City stating that the denomination was “welcome” in Cuba, the MOJ had not approved the Church’s registration by year’s end.
Representatives of several religious organizations that had unsuccessfully sought registration said the government continued to interpret the law on associations as a means for the ORA and the MOJ to deny registration of certain groups. They also said ineligibilities for registration sometimes included determinations by the MOJ that another group had identical or similar objectives, using this argument as a pretext to favor certain factions of a religious denomination or one religious group’s activities over others.
Due to COVID-19 shutdowns, the MOJ delayed requests for registration. EchoCuba, a U.S.-based international religious freedom advocacy group associated with Outreach Aid to the Americas, again reported that some Apostolic churches repeatedly had their attempts to register denied, forcing them to operate without legal status.
Members of Protestant denominations said some groups were still able to register only a small percentage of house churches in private homes, although some unregistered house churches could operate with little or no government interference. According to EchoCuba, however, several religious leaders, particularly those from smaller, independent house churches or Santeria communities, said the government was less tolerant of groups that relied on informal locations, including private residences and other private meeting spaces, to practice their beliefs. They said the government monitored them, and at times, prevented them from holding religious meetings in their spaces. CSW reported authorities continued to rely on two 2005 government resolutions to impose complicated and repressive restrictions on house churches.
According to EchoCuba, the ORA approved some registration applications, but it took up to two to three years from the date of the application to complete the process. At year’s end, Soka Gakkai remained the only Buddhist group registered with the government.
According to religious leaders and former inmates, authorities continued to deny prisoners, including political prisoners, pastoral visits and the ability to meet with other prisoners for worship, prayer, and study. Many prisoners also said authorities repeatedly confiscated Bibles, crucifixes, rosary beads, and other religious items, sometimes as punishment and other times for no apparent reason. According to recently released prisoner Roberto de Jesus Quinones, during his time in prison, officials repeatedly “lost” copies of his request for pastoral care and punished him for fasting on holy days by placing him in solitary confinement or suspending other privileges.
According to CSW, the government, through the Ministry of Interior, continued to systematically plant informants in all religious organizations, sometimes by persuading or intimidating members and leaders to act as informants, or by sending informants to infiltrate a church. The objective was to monitor and intimidate religious leaders and report on the content of sermons and on church attendees. As a result, CSW assessed, many leaders continued to practice self-censorship, avoiding stating anything that might possibly be construed as anti-Castro or counterrevolutionary in their sermons and teaching. Catholic and Protestant Church leaders, both in and outside the government-recognized Council of Cuban Churches (CCC), continued to report frequent visits from state security agents and CCP officials for the purpose of intimidating them and reminding them they were under close surveillance, as well as to influence internal decisions and structures within the groups.
Many house church leaders continued to report frequent visits from state security agents or CCP officials. Some reported warnings from the agents and officials that the education of their children, or their own employment, could be threatened if the house church leaders continued their activities.
CSW reported that on May 4, state security officers appeared at the home of a member of an unregistered Islamic group, who was studying the Quran with others. Members were summoned to appear the next day at the National Revolutionary Police, where authorities told them if they continued to hold unpermitted religious activities, they would be “punished for the crime of association to conspire and commit crimes.”
Authorities continued to harass Pastor Alain Toledano Valiente, a member of the Apostolic Movement and leader of the Emanuel Church in Santiago de Cuba. According to Toledano’s Facebook page, state security officials organized several “actos de repudio” (state-sanctioned crowds) to intimidate and socially isolate him. On May 1, local members of the Communist Party surrounded his home, as shown in a video posted to the pastor’s Facebook page. According to his Facebook page, several individuals also interrupted church services on July 26, National Revolutionary Day and a civic holiday. According to observers, in the eyes of the Communist party, church services held on a civic holiday were an affront to the spirit of the revolution.
On October 30, state security officers surrounded a church affiliated with Toledano in Santiago de Cuba and destroyed it with bulldozers and other heavy equipment while parishioners watched and sang hymns. Toledano was arrested while live streaming the destruction on Facebook. Authorities said they were destroying the church to construct a new railroad line to a local cement factory, but no other buildings or structures were razed. According to CSW, the church’s pastor, Palomo Cabrera, and Assemblies of God Regional Superintendent Jose Martinez were taken by state security officials and pressured to sign a document stating the demolition of the church was legal. Local sources also reported authorities attempted to bill Cabrera for usage of the machinery employed in the demolition. Toledano said authorities opposed the construction of a new church – authorities had demolished the previous Emanuel Church and detained hundreds of church members in 2016 – although he had the permits to build the new church. Following one summons, Toledano stated, “In Cuba, pastors are more at risk than criminals and bandits….I cannot carry out any religious activity; that is to say they want me to stop being a pastor.”
According to Pastor Andy Nelson Martinez Barrero, on March 17, authorities demolished the III Eden Baptist Church, allegedly for its being an illegal structure. When parishioners approached the site, police said they could not be in the area because they were considered to be a danger to a former member of the congregation who had been expelled for bad behavior. Members of the church said they believed the person was sent to join their church as an informant, a common government practice.
According to media, on September 8, authorities impeded celebrations of the country’s patron saint, the Virgen de la Caridad de Cobre, an unofficial but important holiday also known as Feast Day, and security officials arrested scores of activists. According to many observers, senior government leaders attempted to appropriate the religious holiday with political messaging. The Catholic Church received permission to televise a special Mass and published a statement describing the “opportunistic politicization” of the Feast Day by “the heirs [the current government] of those who once said they [Fidel and Raul Castro] wanted to erase every vestige of religion.” The statement also said, “Neither side has the right to politicize a celebration that precisely calls for harmony, peace, unity, and not hatred.”
According to CSW, although the majority of cases of what CSW defined as religious persecution were directed toward Christians, the country’s religious minorities were also likely to be victims of religious persecution. Patmos again stated that Rastafarians, whose spiritual leader remained imprisoned since 2012, were among the most stigmatized and repressed religious groups. The Patmos report said reggae music, the primary form of Rastafarian expression, was marginalized and its bands censored. According to Sandor Perez Pita, known in the Rastafarian world as Rassandino, reggae was not allowed on most state radio stations and concert venues, and Rastafarians were consistently targeted in government crackdowns on drugs, with the government incarcerating them for their supposed association with drugs without presenting evidence of actual possession or trafficking. Authorities also subjected Rastafarians to discrimination for their clothing and hairstyles, including through segregation of Rastafarian schoolchildren and employment discrimination against Rastafarian adults.
According to its representatives, the country’s small Muslim community was subject to discrimination. Samira Salas Quiala wrote on a Facebook group page for Cuban Muslim Women about her experience of discrimination while working at CIMEX, a company owned by the Cuban Armed Forces. She said that after three years working at a CIMEX store in Havana, her supervisor summoned her and the head of Human Resources and told her she could no longer wear a hijab. Salas Quiala said she stopped wearing a headscarf to avoid being fired.
According CSW, Christian leaders from all denominations said a scarcity of Bibles and other religious literature continued, primarily in rural areas. Some religious leaders continued to report government obstacles prevented them from importing religious materials and donated goods, including bureaucratic obstruction and arbitrary restrictions such as inconsistent rules on computers and electronic devices. In some cases, the government held up religious materials or blocked them altogether. According to Patmos, the Cuban Association for the Divulgation of Islam was unable to obtain a container of religious literature embargoed since 2014. Several other groups, however, said they continued to import large quantities of Bibles, books, clothing, and other donated goods.
The Catholic Church and several Protestant representatives said they continued to maintain small libraries, print periodicals and other information, and to operate their own websites with little or no formal censorship. The Catholic Church continued to publish periodicals and hold regular forums at the Varela Center that sometimes criticized official social and economic policies.
By year’s end, the government again did not grant the Conference of Catholic Bishops’ (CCB) requests to allow the Catholic Church to reopen religious schools and have open access to broadcasting on television and radio. According to Church representatives, the ORA expanded the CCB’s access to state-controlled media and allowed some members to deliver sermons on public networks as a concession to COVID-19 restrictions. Not all religious groups that also petitioned for media access were given similar access, although for the first time, state-selected evangelical Protestant pastors associated with the government-recognized CCC were given the opportunity to prerecord 15-minute broadcasts during Holy Week. No other churches had access to mass media, which remained entirely state-owned. Several religious leaders continued to express concern about the government’s restriction on broadcasting religious services over the radio or on television.
According to media, the government continued to prohibit the construction of new church buildings. All requests, including for minor building repairs, needed to be approved by the ORA, which awarded permits according to the inviting association’s perceived level of support for or cooperation with the government. The Berean Baptist Church, whose request for registration has been pending since 1997, continued to be prevented from repairing existing church buildings because as an unregistered group, it could not request necessary permits.
According to CSW, the government continued to use endless requirements for permits that could be arbitrarily cancelled at any time, plus other bureaucratic practices, to control and restrict freedom of religion or belief. Reportedly, the ORA’s processes meant many communities had no legal place to meet for church services, particularly in rural areas. Some denominations, especially Protestant denominations, reported similar problems, with the government prohibiting them from expanding their places of worship by threatening to dismantle or expropriate churches because they were holding “illegal” services.
According to CSW, several cases of authorities’ arbitrary confiscation of church property remained unresolved or under review, including a church in Artemisa that belonged to a registered religious group and that the government confiscated in March 2019, and the Nazarene Church of Manzanillo. The government had started a process to confiscate the Nazarene Church in April 2019 but took no further action during 2020.
According to media, between June and July, evangelical Protestant pastors Uberney Aguilar and Yalina Proenza received at least six visits and official summons from various government agents aimed at shutting down their congregation, Jehovah Shalom Church, in Holguin. The pastors said that starting in 2017, they met in a property owned by a member of their congregation. On July 9, Holguin Minister of Justice Nelson Flavio Plutin Santos and Ormani Rodriguez Tamayo, the head of the provincial Department of Associations, denied their request for government recognition, which they had submitted in 2019. Due to government public health restrictions, they continued to hold outdoor services.
Other land ownership issues remained unresolved, including that of the land owned by the Western Baptist Convention, which the government confiscated extralegally in 2012 and later transferred to two government companies. According to observers, the confiscation was in retaliation for the refusal of the Western Baptist Convention to agree to various ORA demands to restructure its internal governance and expel some pastors. The Methodist Church of Cuba said it continued its efforts to reclaim properties confiscated by the government more than 60 years ago, including a theater adjacent to the Methodist church in Marianao, Havana. The Methodist Church reportedly submitted all necessary ownership documentation, but government officials again took no action on the case during the year.
According to the Catholic News Agency, on August 29, the Bishop of Santiago de Cuba consecrated the San Benito Abad Church, located in San Bendito Crucero, Santiago de Cuba. Another small Catholic church was under construction in Havana at year’s end.
According to media, religious discrimination against students was a common practice in state schools, with multiple reports of teachers and Communist Party officials encouraging and participating in bullying. According to Olaine Tejada, a member of the Jewish community in Nuevitas, Camaguey Municipality, local state prosecutor Mary Vidal forced him on January 6 to sign a legal document acknowledging that if his sons came to school wearing kippahs, he and his wife Yeliney Lescaille would be arrested and charged with “acts against the normal development of a minor,” with a potential one-year jail sentence. In December 2019, local officials ruled against the Jewish family’s right to wear religious headgear to school. Tejada said the family would appeal to higher authorities to reinstate their rights.
In another incident, Yordanis Diaz Arteaga, President of the Christian Reformed Church of Cuba, told online magazine Evangelico Digital in January that his eight-year-old son had been harassed by his teacher in Havana because of his faith. On one occasion, the teacher humiliated his son in front of his peers for saying that he believed in God. On another day, the same teacher confiscated a bracelet the boy was wearing because it had Jesus’ name on it. Diaz said he reported the incident to the school but was not informed if the teacher was disciplined.
According to religious leaders, the government continued to selectively prevent some religious groups from establishing accredited schools but appeared to tolerate the efforts of other religious groups to operate seminaries, interfaith training centers, before- and after-school programs, eldercare programs, weekend retreats, workshops for primary and secondary students, and higher education programs. The Catholic Church continued to offer coursework, including entrepreneurial training leading to a bachelor’s and master’s degree through foreign partners. Several Protestant communities continued to offer university-level degrees in theology, the humanities, and related subjects via distance learning; however, the government did not recognize these degrees.
Jehovah’s Witnesses leaders continued to state they found the requirements for university admission and the courses of study incompatible with the group’s beliefs because their religion prohibited them from political involvement.
CSW continued to report the government used social media to harass and defame religious leaders, including Facebook posts of public figures targeting religious leaders or groups. In most instances, accounts posting attacks targeting religious leaders seemed to be linked to state security. According to CSW, during the year, the government increased pressure on leaders of the Cuban Evangelical Alliance, including through a state television broadcast of a purported investigation of the growth of “dangerous fundamentalism” on the island. The program included an interview with a religious leader considered close to the government who spoke of “extremist Christian fundamentalists” who received support and funding from the United States. The backdrop of the interview included footage of worshippers at religious services in churches affiliated with the Cuban Evangelical Alliance.
Although movement to, from, and within the country was highly restricted for most of the year due to the COVID-19 pandemic, religious travelers said they faced higher levels of scrutiny than others and were often denied freedom of movement, including traveling to religious gatherings outside the country. According to Patmos, immigration officers continued to target religious travelers and their goods and informed airport-based intelligence services of incoming and outgoing travel. On March 31, authorities in Las Tunas refused to renew Pastor Mario Jorge Traviezo’s passport, informing him he was under a travel ban and could not leave the country. According to several news accounts, on February 17, state security agents arrested journalist Ricardo Fernandez Izaguirre, a reporter on religious freedom issues, as he tried to leave his hometown of Camaguey to attend a religious celebration at the invitation of Pastor Alain Toledano. Authorities told him if he tried to leave his town again, he would be imprisoned for “disrespect.” Reportedly, Fernandez Izaguirre did not leave town during the year, partly due to the government order and because of COVID-19 restrictions.
According to CSW, unlike in previous years, there were no reported cases of the ORA and immigration officials targeting foreign visitors by denying them religious visas. CSW attributed the change to the government’s overall closure of borders to tourists as part of its efforts to limit the spread of COVID-19.
Reportedly because of restrictions on internal movement, government agencies continued to refuse to recognize a change in residence for pastors and other church leaders assigned to a new church or parish. These restrictions made it difficult or impossible for relocating pastors to obtain government services, including housing. Legal restrictions on travel within the country also limited itinerant ministry, a central component of some religious groups. According to EchoCuba, the application of the decree to religious groups was likely part of the general pattern of government efforts to control their activities. Some religious leaders said the decree was also used to block church leaders from traveling within the country to attend special events or meetings. Leaders associated with the Apostolic churches regularly reported they were prevented, sometimes through short-term detention, from traveling to attend church events or carry out ministry work.
According to EchoCuba, the government continued to give preference to some religious groups and to discriminate against others. EchoCuba continued to report the government applied its system of rewarding churches that were obedient and sympathetic to “revolutionary values and ideals” and penalized those that were not. Similarly, the government continued to reward cooperative religious leaders and threatened to revoke the rights of leaders deemed as noncooperative. According to EchoCuba, in exchange for their cooperation with the government, CCC members continued to receive benefits that other nonmember churches did not always receive, including building permits and international donations of clothing and medicine.
According to media reports, President Miguel Diaz-Canel met with visiting international religious leaders, such as Archbishop of New York Timothy Dolan, but he did not hold public meetings with any national religious leaders.
According to international media, in the face of increasing shortages of food and other essential items, authorities increased restrictions on many religious organizations’ ability to receive and distribute humanitarian assistance. While the government allowed Caritas to continue providing food and other goods to the needy, it did not allow many smaller religious groups and charities that were not part of the government-recognized CCC to provide aid. According to The Havana Times in August, Customs refused to hand over to non-CCC-affiliated church groups a shipment of five containers of food and other donations from Florida for needy families in Cuba, organized by dissident Rosa Paya of the human rights project Cuba Decide. A CCC religious leader said, “Cuba doesn’t need aid from those who serve a government which has wanted to create humanitarian crises with a political and economic agenda for 60 years.” Other religious leaders also said the government continued to restrict their ability to receive donations from overseas.
Some religious groups continued to report the government allowed them to engage in community service programs and to share their religious beliefs. Other religious groups reported government restrictions varied and were largely based on the government’s perceptions of the “political pliancy” of each religious group. Religious leaders continued to report government opposition to and interference in religious groups’ providing pastoral services.
According to media, government officials frequently instigated or did not investigate harassment of religious figures and institutions. For example, Pastor Daniel Gonzalez told online magazine evangelicodigital.com that for several years, police in his town of Florida, Camagüey Province, failed to investigate individuals throwing rocks at his church during services. The large rocks severely damaged the roof of the building. Members of the Missionary Church of Cuba in Victoria, Las Tunas, were pelted with stones on their way to worship several times a week, according to Pastor Yoel Demetrio, who said state security officials knew about the attacks and encouraged residents in their neighborhood to carry them out. Prior to the attacks, Demetrio received two summonses from the National Revolutionary Police, accusing him of “disturbing public order” because of his “illegal” use of audio equipment at his also “illegal” church.
During the year, the government increasingly used an internet law restricting freedom of expression against independent journalists, including those promoting freedom of religion or belief and other human rights. Authorities threatened to use the law to sanction Pastor Jose Yvan Rodríguez Yanez of the Apostolic Movement for making “subversive posts on social media.”
Section III. Status of Societal Respect for Religious Freedom
Unlike in previous years, the Community of Sant’Egidio, recognized by the Catholic Church as a “Church public lay association,” was unable to hold an interfaith meeting due to COVID-19 restrictions.
International faith-based charitable operations such as Caritas, Sant’Egidio, both Catholic, and the Salvation Army maintained local offices in Havana. Caritas continued to gather and distribute relief items, providing humanitarian assistance to all individuals regardless of religious belief.
Section IV. U.S. Government Policy and Engagement
Embassy officials did not meet with or otherwise engage with the ORA during the year due to lack of responsiveness from the government. In public statements and through social media postings, U.S. government officials, including the Secretary of State, continued to call upon the government to respect its citizens’ fundamental freedoms, including the freedom of religion and expression. On October 5, the Secretary stated, “Vast swathes of humanity live in countries where religious freedom is restricted, from places like…Cuba, and beyond.”
Embassy officials met with the head of the CCC and discussed obstacles unregistered churches faced to gain official status.
Embassy officials met in person and virtually with leaders of a range of registered and unregistered religious groups, including Protestants, Jews, Jehovah’s Witnesses, Muslims, and Catholics. They discussed the principal issues of religious freedom and tolerance affecting each group, including freedom of assembly, church expansion, access to state-owned media, and their inability to open private religious schools.
On December 2, 2020, in accordance with the International Religious Freedom Act of 1998, as amended, the Secretary of State again placed the country on the Special Watch List for having engaged in or tolerated severe violations of religious freedom.
Cyprus
Read A Section: Republic Of Cyprus
Area Administered by Turkish Cypriots
Since 1974, the southern part of Cyprus has been under the control of the government of the Republic of Cyprus. The northern part, administered by Turkish Cypriots, proclaimed itself the “Turkish Republic of Northern Cyprus” (“TRNC”) in 1983. The United States does not recognize the “TRNC,” nor does any country other than Turkey. A substantial number of Turkish troops remain on the island. A “green line,” or buffer zone (which is over 110 miles long and several miles wide in places) patrolled by the UN Peacekeeping Force in Cyprus (UNFICYP), separates the two parts. This report is divided into two parts: the Republic of Cyprus and the area administered by Turkish Cypriots. For areas in the north that have different Greek and Turkish names, both are listed (e.g., Kormakitis/Korucam).
Executive Summary
The constitution prohibits religious discrimination and protects the freedom to worship, teach, and practice one’s religion. It grants the Greek Orthodox Church of Cyprus the exclusive right to regulate and administer its internal affairs and recognizes the Vakf, an Islamic institution that manages sites of worship and property Muslims have donated, as a charitable endowment. Two of the eight functioning mosques under the guardianship of the Ministry of Interior continued to lack bathroom and ablution facilities. The Department of Antiquities continued to limit regular access to Hala Sultan Tekke Mosque to only two of the five daily prayers, although it routinely granted expanded access during Ramadan and at the request of the imam. The imam of Hala Sultan Tekke Mosque said Department of Antiquities’ security guards continued to allow some non-Muslim tourists to enter the mosque without observing the proper dress code. The imam said that the Larnaca Turkish cemetery was completely full and the Ministry of Interior denied his request for the construction of a new cemetery in nearby Vakf land. The Jewish community reported authorities continued to conduct autopsies for nonsuspicious deaths, against the community’s wishes. Authorities continued to deny permission to perform animal slaughter for food production according to Jewish law. In early April, the Council of Ministers submitted to the House of Representatives a bill allowing kosher and halal slaughter of animals. The government withdrew the bill on April 24 following strong reactions by animal rights activists. Authorities did not respond to a request pending since 2017 from the Chief Rabbinate of Cyprus to have the right to officiate marriage, death, and divorce certificates.
In May, unknown persons threw firecrackers into the premises of Koprulu Mosque in Limassol and sprayed anti-Muslim, antimigrant graffiti on the walls surrounding the mosque. Some religious minority groups continued to report societal pressure to engage in public Greek Orthodox religious ceremonies, such as weddings and christenings. Greek Orthodox Christians reported they sometimes faced ostracism from their community if they converted to another religion. Leaders of the main religious groups continued to meet under the framework of the Religious Track of the Cyprus Peace Process (RTCYPP) and advocate for greater religious freedom for faith communities across the island.
U.S. embassy representatives continued to meet with government officials to discuss various issues, including access to religious sites on either side of the “green line” dividing the country. The Ambassador met with religious leaders to discuss religious freedom restrictions, access to religious sites, and interfaith cooperation. Embassy staff met with nongovernmental organizations (NGOs) and religious leaders to discuss topics, including access to religious sites island-wide and discrimination against minority religious groups. Except for a few virtual engagements because of COVID-19 restrictions, most were in-person meetings. Embassy officials also visited places of religious significance on both sides of the “green line” and encouraged continued dialogue and cooperation among religious leaders.
Section I. Religious Demography
The U.S. government estimates the total population of the island at 1.3 million (midyear 2020 estimate). According to the 2011 census, the most recent, the population of the government-controlled area is 840,000. Of that total, 89.1 percent is Orthodox Christian and 2.9 percent is Roman Catholic, known locally as Latin. Other religious groups include Protestants (2 percent), Muslims (1.8 percent), Buddhists (1 percent), Maronite Catholics (0.5 percent), and Armenian Orthodox (0.3 percent), with small populations of Jews, Jehovah’s Witnesses, and Baha’is. The country’s chief rabbi estimates the number of Jews at 4,500, most of whom are foreign-born residents. A Jehovah’s Witnesses representative estimates the group has 2,600 members. Recent immigrants and migrant workers are predominantly Roman Catholic, Muslim, Hindu, and Buddhist.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution prohibits religious discrimination and protects the right of individuals to profess their faith and to worship, teach, and practice or observe their religion, individually or collectively, in private or in public, subject to limitations due to considerations of national security or public health, safety, order, and morals or the protection of civil liberties. The constitution specifies all religions whose doctrines or rites are not secret are free and equal before the law. It protects the right to change one’s religion and prohibits the use of physical or moral compulsion to make a person change, or prevent a person from changing, his or her religion.
The constitution grants the Autocephalous Greek Orthodox Church of Cyprus (Church of Cyprus) the exclusive right to regulate and administer the Church’s internal affairs and property in accordance with its canons and charter. By law, the Church of Cyprus pays taxes only on commercial activities.
The constitution sets guidelines for the Islamic Vakf, which is tax exempt and has the exclusive right to regulate and administer its internal affairs and property in accordance with its laws and principles. According to the constitution, no legislative, executive, or other act may contravene or interfere with the Church of Cyprus or the Vakf. The Vakf, which acts as caretaker of religious properties in the Turkish Cypriot community, operates only in the area administered by Turkish Cypriots. The government administers and provides financial support for the physical maintenance of mosques in government-controlled areas.
In addition to the Church of Cyprus and Islam, the constitution recognizes three other religious groups: Maronite Catholics, Armenian Orthodox, and Latins (Roman Catholics). Their institutions are tax exempt and eligible for government subsidies for cultural and educational matters, including to cover costs to operate their own schools, for school fees of group members attending private schools, and for activities to preserve their cultural identity.
Religious groups not recognized in the constitution must register with the government as nonprofit organizations in order to engage in financial transactions and maintain bank accounts. To register, a religious group must submit through an attorney an application to the Registrar of Companies under the Ministry of Energy, Commerce, and Industry stating its purpose and providing the names of its directors. Religious groups registered as nonprofit organizations are treated the same as other nonprofit organizations; they are tax exempt, must provide annual reports to the government, and are not eligible for government subsidies.
The government has formal processes by which religious groups may apply to use restored religious heritage sites for religious purposes.
According to a public school regulation, students are not permitted to cover their heads in school. The regulation explicitly states, however, that it should be implemented without discriminating against a student’s religion, race, color, gender, or any political or other convictions of the student or the parents.
The law requires animals to be stunned before slaughter; no religious exemptions are granted.
The government requires Greek Orthodox religious instruction and attendance at religious services before major Greek Orthodox religious holidays in public primary and secondary schools. The Ministry of Education (MOE) may excuse primary school students of other religious groups from attending religious services and instruction at the request of their guardians, but Greek Orthodox children in primary school may not opt out. The MOE may excuse secondary school students from religious instruction on grounds of religion or conscience and may excuse them from attending religious services on any grounds at the request of their guardians or at their own request if over the age of 16.
The Office of the Commissioner for Administration and Protection of Human Rights (Ombudsman) is an independent state institution responsible for protecting citizens’ rights and human rights in general. The Ombudsman may investigate complaints made against any public service agency or official for actions that violate human rights, including freedom of religion, or contravene the laws or rules of proper administration. The Ombudsman makes recommendations to correct wrongdoings but cannot enforce them.
Conscientious objectors on religious grounds are exempt from active military duty and from reservist service in the National Guard but must complete alternative service. The two options available for conscientious objectors are unarmed military service, which is a maximum of four months longer than the normal 14-month service, or social service, which is a maximum of eight months longer than normal service but requires fewer hours of work per day. The penalty for refusing military or alternative service is up to three years’ imprisonment, a fine of up to 6,000 euros ($7,400), or both. Those who refuse both military and alternative service, even if objecting on religious grounds, are considered to have committed an offense involving dishonesty or moral turpitude and are disqualified from holding elected public office and ineligible for permits to provide private security services.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Although requests for access to religious sites declined due to government-imposed COVID-19 mitigation measures, religious leaders on both sides of the island said this issue remained a top priority. As of year’s end, the Ministry of Interior (MOI) had not responded to a letter from Imam Shakir Alemdar, representative of the Mufti, regarding the Department of Antiquities’ August 2019 closure of the Limassol Great Mosque for restoration. The Department of Antiquities took the action without previously informing the Muslim community of the nature of, or timeline for, the restoration.
Muslim community leaders stated the government continued to allow the community access for religious services to only six of the 19 mosques located on cultural heritage sites as well as to two other mosques not located on such sites. Of the eight functioning mosques, seven were available for all five daily prayers and six had the necessary facilities for ablutions. The government again failed to respond to the Muslim community’s longstanding request for permission to make improvements at the functioning mosques, and there was no change from previous years in either the number of open mosques or the number of ablution and bathroom facilities available at those mosques. The Bayraktar and Dhali Mosques had no ablution facilities and no bathrooms. Imam Shakir reported that the functioning mosque in Paphos was too small for the size of the Muslim population, holding approximately 100 worshippers, compared with an estimated Muslim population of approximately 5,000 in the area. He said the Department of Antiquities did not approve his request to allow the use of the recently restored Grand Mosque of Paphos. In 2019, the MOI said that installing facilities at Dhali Mosque was difficult due to limited space near the mosque but that it planned to identify a suitable location and develop new plans. MOI officials had not provided an update as of year’s end.
The Department of Antiquities and Imam Shakir agreed on plans for the installation of bathrooms and ablution facilities at the Bayraktar Mosque. Shakir reported the Department of Antiquities informed him that the plans had been submitted in October to the MOI to initiate the project. Construction, however, had not begun by year’s end.
Hala Sultan Tekke Mosque, the most important Islamic religious site in the country, continued to be the only one of the eight functioning mosques not regularly open for all five daily prayers. The Department of Antiquities classified the mosque as an “ancient monument” and continued to keep it open only for standard museum hours, limiting access to the mosque to two of the five daily prayer times during most of the year. The imam reported the mosque remained open 24 hours daily only during Ramadan. Due to COVID-19 restrictions, only a few persons attended. Ramadan services were recorded and uploaded on YouTube. According to the Department of Antiquities and the mosque’s imam, the imam still had to ask permission from the MOI and Department of Antiquities to keep the mosque open after 5 p.m. in the autumn and winter months and after 7:30 p.m. in the spring and summer months. The imam said the authorities routinely granted permission.
In October, the imam of Hala Sultan Tekke Mosque reported that security guards stationed at the complex by the Department of Antiquities sometimes did not require visitors to wear appropriate clothing when entering the mosque.
In previous years, the government waived visa requirements for the movement of non-Turkish Cypriot pilgrims crossing the “green line” into the south to visit Hala Sultan Tekke Mosque to conduct prayers and services on special occasions. The United Nations Peacekeeping Force in Cyprus (UNFICYP) facilitated these movements. No such requests were submitted during the year due to the COVID-19 pandemic.
Representatives of the Jewish community continued to report that authorities performed autopsies on deceased members of the community for deaths that were not suspicious, a practice they said violated Jewish religious beliefs and practice. They stated that despite their continuing efforts to raise the issue with government authorities during the year, it remained unresolved.
Jewish representatives again reported that Department of Veterinary Services’ officials denied exemptions from the requirement to stun animals before slaughter following a 2019 department decision to no longer grant exemptions for religious slaughter. The Jewish community reported it was able to import kosher meat from other European Union (EU) countries at a significantly higher cost than if it were locally available. In early April, the Council of Ministers submitted to the House of Representatives a bill allowing kosher and halal slaughter of animals, i.e., without stunning. The government withdrew the bill on April 24 following strong reactions by animal rights activists. Jewish community leadership reported sending letters on the issue to all members of the House of Representatives, the President of the Agriculture Committee, and the President of the Chamber of Commerce. On December 17, the EU Court of Justice ruled that EU member states may impose a requirement to stun animals prior to slaughter and that such a requirement does not infringe on the rights of religious groups.
Jewish representatives again said the government continued not to respond to their longstanding request to grant the Chief Rabbinate of Cyprus the right to sign official documents as an authorized party, including marriage, death, and divorce certificates.
A Jehovah’s Witnesses representative said that Jehovah’s Witnesses were still not allowed to bury their adherents in some municipal cemeteries – which were often managed by local Greek Orthodox churches – despite asking the MOI for assistance with the municipalities in 2019.
Representative of the Mufti of Cyprus Imam Alemdar said the Larnaca Turkish cemetery was completely full and that new land for Islamic burials was required. In February, he sent a letter to the MOI requesting that a Vakf property near Hala Sultan Tekke Mosque be made available as a cemetery. According to the representative of the Mufti, an MOI official denied the request in February, saying there was space for burials in the existing cemetery.
The military continued to require recruits to take part in a common prayer led by Church of Cyprus clergy during swearing-in ceremonies. Recruits of other faiths, atheists, and those who did not wish to take the oath for reasons of conscience could refrain from raising their hand during the ceremony. They instead recited a pledge of allegiance at a separate gathering.
Section III. Status of Societal Respect for Religious Freedom
Because religion and ethnicity are often closely linked, it was difficult to categorize many incidents as being solely based on religious identity.
On May 31, unknown individuals threw firecrackers into the premises of Koprulu Mosque in Limassol and sprayed anti-Muslim, antimigrant graffiti on the wall surrounding the mosque. President Nicos Anastasiades, mayor of Limassol Nicos Nicolaides, and all principal political parties condemned the attack. A police investigation did not identify the perpetrators of the attack. Police increased patrols around the three mosques in Limassol, and the municipality of Limassol installed closed-circuit television at Koprulu Mosque. Authorities repaired the damage caused, which they described as slight, and cleaned the graffiti from the walls. On June 1, leaders of the five constitutionally recognized religious groups jointly condemned the attack and the vandalism.
Unlike in previous years, representatives of the Jewish community reported there were no instances of anti-Semitic verbal harassment in public places.
The NGO Caritas reported that discrimination against Muslim children in schools declined compared with previous years and stated that increased diversity awareness and language training during the year generally improved behavior towards non-native Muslim students.
NGOs Caritas and KISA said women wearing hijabs often faced difficulties finding employment. According to Caritas, in October 2019, a Somali woman filed a complaint with the Ombudsman based on a hotel’s refusal to employ her in August 2019 because she was wearing a hijab. Her case remained under review at year’s end.
Members of minority religious groups continued to report societal pressures to participate in public religious ceremonies of majority groups. For example, children of various religious minorities said they faced social pressure to attend Greek Orthodox religious ceremonies at school. An Armenian Orthodox representative continued to say that community members who married Greek Orthodox individuals received pressure from their spouse’s family members to have a Greek Orthodox wedding and follow Greek Orthodox rituals. Similarly, Armenian Orthodox army recruits reportedly continued to feel peer pressure to take the oath administered by a Greek Orthodox priest.
Some Greek Orthodox adherents who converted to other faiths reportedly continued to hide their conversion from family and friends due to fear of social ostracism.
In September, the Technical Committee on Cultural Heritage (TCCH), one of the Greek Cypriot and Turkish Cypriot technical committees established as part of the UN-facilitated settlement negotiations process, completed a project to stabilize the Saint James and Saint George Churches in the buffer zone in Nicosia. The TCCH said the churches could not be fully restored because they were in an area controlled by the Turkish military. In October, the TCCH launched projects for restoring four mosques in the villages of Kalo Chorio, Maroni, Lefkara, and Ayios Theodoros in Larnaca District.
The leaders of the main religious groups on the island continued to meet regularly, in-person and online, within the framework of the RTCYPP. On February 14, Greek Orthodox, Muslim, Armenian, Maronite, and Roman Catholic leaders met to mark the 10th anniversary of the RTCYPP and issued a joint statement calling on all Cypriots and political leaders to join them in their effort to advance religious freedom. They met again on June 16 at the Home for Cooperation, a nonprofit community center in the buffer zone in Nicosia, and were joined virtually by Foreign Minister Ann Linde of Sweden in another ceremony to mark the 10th anniversary of the RTCYPP, which began as an initiative of the Swedish embassy.
On May 6, leaders of the five constitutionally recognized religious groups issued a joint message on the occasion of Easter and Ramadan to extend their prayers to those suffering the consequences of the COVID-19 pandemic, to thank those on the front lines, and to call on the faithful to abide by authorities’ instructions to mitigate the spread of COVID-19. On March 20, the five religious leaders issued a joint message uniting their voices and their prayers against the pandemic.
In May, Christian religious leaders under the framework of the RTCYPP issued a joint greeting to the Mufti of Cyprus and all Muslim faithful wishing them a blessed Eid al-Fitr.
A joint project of religious leaders through the RTCYPP offering Greek and Turkish-language classes for members of the Greek Orthodox, Muslim, Armenian Orthodox, Maronite, and Roman Catholic communities continued for priests, imams, nuns, and laypersons who worked for faith-based organizations. Classes continued online when in-person gatherings were not possible due to COVID-19-related restrictions.
Section IV. U.S. Government Policy and Engagement
Embassy representatives met with government officials from the Ministries of Interior, Foreign Affairs, and Justice to discuss religious freedom issues, including encouraging greater access to religious sites on either side of the “green line” and discrimination against minority religious communities.
The Ambassador discussed restrictions on access to religious sites and interfaith cooperation with numerous religious leaders, including the Archbishop of the Maronite Church of Cyprus and several Orthodox Church of Cyprus metropolitan bishops. She visited the Jewish Community Center in Larnaca and discussed religious freedom and religious-based discrimination with the Chief Rabbi of Cyprus. The Ambassador discussed with the Swedish ambassador ways to promote religious freedom on the island and to support the efforts of the RTCYPP to encourage cooperation among religious leaders.
Embassy staff continued to discuss religious freedom issues, including religious-based discrimination, with Caritas, the Cyprus Refugee Council, and KISA. They used social media to promote religious freedom and engaged representatives of the Armenian Orthodox, Greek Orthodox, Jehovah’s Witness, Jewish, Maronite, Muslim, and Roman Catholic communities to hear their concerns about access to, and the condition of, religious sites and cemeteries, incidents of religious-based harassment and discrimination, societal attitudes toward minority religious groups, and obstacles to religious freedom. Embassy staff visited Hala Sultan Tekke Mosque and discussed the mosque’s limited hours of operation and the condition of the Larnaca Turkish Cemetery with the resident imam. Embassy officials supported religious leaders’ continuing dialogue within the RTCYPP and encouraged continuing reciprocal visits of religious leaders to places of worship on both sides of the “green line.”
Read a Section
Area Administered by Turkish Cypriots
Czech Republic
Executive Summary
The Charter of Fundamental Rights and Freedoms, a supplement to the constitution, guarantees freedom of religious conviction and states everyone has the right to change, abstain from, and freely practice religion. The Ministry of Culture (MOC) registered one religious group, rejected two, and left one pending at year’s end. In a retrial, the Zlin Regional Court convicted in absentia Jaroslav Dobes, the leader of the Path of Guru Jara (PGJ), and another PGJ member of rape in six cases and acquitted them in one case. The Ministry of Interior (MOI) granted permanent residence to two of 70 Chinese Christians whose applications for asylum it rejected in 2018. The ministry was reviewing 16 other applications from the group and said it would review the applications of the other 52 asylum seekers as well. The government did not deport any of the applicants. The government concluded processing restitution claims filed by religious groups in 2012-13 for properties confiscated by the communist regime. The opposition Freedom and Direct Democracy (SPD) Party continued to publicly criticize Islam and Muslim migrants.
In IUSTITIA, a local nongovernmental organization (NGO), said it received reports of seven religiously motivated incidents in the first half of the year – four against Muslims, two against Jews, and one against Christians – compared with 14 (12 against Muslims and two against Jews) in all of 2019. The government reported 23 anti-Semitic and 11 anti-Muslim incidents in 2019, compared with 15 and eight incidents, respectively, in the previous year. The Federation of Jewish Communities (FJC) reported 694 anti-Semitic incidents in 2019 – 95 percent of which were internet hate speech, which the federation actively monitored – twice as many as in the previous year. The MOI reported nine “white power” concerts in which participants expressed anti-Semitic views.
U.S. embassy representatives discussed religious freedom issues, including property restitution for religious groups and religious tolerance, with MOC officials and the envoy for Holocaust issues at the Ministry of Foreign Affairs. Embassy officials met with Jewish, Roman Catholic, and Protestant religious leaders to reaffirm U.S. government support for religious freedom and tolerance.
Section I. Religious Demography
The U.S. government estimates the total population at 10.7 million (midyear 2020 estimate). According to the 2011 census, of the 56 percent of citizens who responded to the question about their religious beliefs, approximately 62 percent held none, 18 percent were Roman Catholic, 12 percent listed no specific religion, and 7 percent identified with a variety of religious faiths, including the Evangelical Church of Czech Brethren, the Czechoslovak Hussite Church, other Christian churches, Judaism, Islam, and Buddhism. Academics estimate there are 10,000 Jews, while the FJC estimates there are 15,000 to 20,000. Leaders of the Muslim community estimate there are 10,000 Muslims, most of whom are immigrants. According to a 2017 Pew Research Survey, 72 percent of adults in the country do not identify with a religious group, and 25 percent identify as atheists.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution does not explicitly address religious freedom, but the Charter of Fundamental Rights and Freedoms, a supplementary constitutional document, provides for freedom of religious conviction and the fundamental rights of all, regardless of their faith or religion. It states every individual has the right to change religion or faith; to abstain from religious belief; and to freely practice religion, alone or in community, in private or public, “through worship, teaching, practice, or observance.” The charter defines religious societies, recognizing their freedom to profess their faith publicly or privately and to govern their own affairs, independent of the state. It stipulates conscientious objectors may not be compelled to perform military service and that conditions for religious instruction at state schools shall be set by law. The charter states religious freedom may be limited by law in the event of threats to “public safety and order, health and morals, or the rights and freedoms of others.”
The law states the MOC’s Department of Churches is responsible for religious affairs. Religious groups are not required by law to register with the government and are free to perform religious activities without registering. The law establishes a two-tiered system for religious groups which choose to register with the ministry. The ministry reviews applications for first- and second-tier registration with input from other government bodies such as the Office for Protection of Private Data and outside experts on religious affairs. The law does not establish a deadline for the ministry to decide on a registration application. Applicants denied registration may appeal to the MOC to reconsider its decision and, if denied again, to the courts.
To qualify for the first (lower) tier, a religious group must present at least 300 signatures of adult members permanently residing in the country, a founding document listing the basic tenets of the faith, and a clearly defined structure of fiduciary responsibilities to the Department of Churches. First-tier registration confers limited tax benefits, including exemptions from taxes on interest earned on current account deposits, donations, and members’ contributions. It also establishes annual reporting requirements on activities, balance sheets, and the use of funds.
For second (higher) tier registration, a group must have been registered with the Department of Churches for 10 years, have published annual financial reports throughout the time of its registration, and have membership equal to at least 0.1 percent of the population, or approximately 10,700 persons. The group must provide this number of signatures as proof. Second-tier registration entitles religious groups to government subsidies as well as the tax benefits granted to first-tier groups. The law phases out direct state subsidies to second-tier religious groups over a 17-year period ending in 2029. Additionally, only clergy of registered second-tier religious groups may perform legally recognized marriage ceremonies and serve as chaplains in the military and at prisons. Prisoners who belong to unregistered religious groups or groups with first-tier status may receive visits from their own clergy.
Religious groups registered prior to 2002 received automatic second-tier status without having to fulfill the requirements for second-tier registration. These groups, like other registered groups, must publish financial reports annually.
There are 42 state-registered religious groups, 18 first- and 24 second-tier.
Unregistered religious groups are free to assemble and worship but may not legally own property. Unregistered groups may form civic associations to own and manage their property.
The law authorizes the government to return land or other property that was confiscated during the communist era and is still in the government’s possession to 17 religious groups (the largest of which are the Roman Catholic Church, FJC, Evangelical Church of Czech Brethren, and Hussite Church). The government estimates the total value of property in its possession eligible to be returned at 75 billion crowns ($3.61 billion). The law also sets aside 59 billion crowns ($2.84 billion) in compensation for property – mostly in possession of private persons or entities or local or regional governments – that cannot be returned, payable over a 30-year period ending in 2043. Based on an agreement among the affected religious groups, the law allocates approximately 79 percent of these funds to the Catholic Church and 21 percent to the other 16 groups. The law prescribed a one-year deadline ending in 2013 for religious groups to file restitution claims for confiscated property. The government agency in possession of a property for which a group has filed a restitution claim adjudicates that claim. If the government agency rejects a property claim, the claimant may appeal the decision in court.
The law permits second-tier religious groups to apply through the MOC to teach religion in state schools if there is a demand for such classes. Eleven of the 23 second-tier groups, all of them Christian, have permission to teach religion classes. The teachers are supplied by the religious groups and paid by the state. If a state school does not have enough funds to pay for its religious education teachers, religious groups pay for them. Student attendance at religious classes is optional. According to law, if seven or more students register for a particular religious class at the beginning of the school year, a school must offer that class to those who registered.
The government does not regulate religious instruction in private schools.
The law prohibits speech that incites hatred based on religion. It also limits the denial of communist-era crimes and the Holocaust. Violators may be sentenced to up to three years in prison.
Religious workers who are not from European Economic Area countries or Switzerland must obtain long-term residence and work permits to remain in the country for more than 90 days. There is no special visa category for religious workers. Foreign missionaries and clergy are required to meet the conditions for a standard work permit.
The law designates January 27 as Holocaust Remembrance Day.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
In May, the MOC upheld its 2019 denial of an application from Ecclesia Risorum (Church of Laughter) for first-tier status, first submitted in March 2018. The MOC rejected the application on the grounds the group failed to meet the legal definition of a first-tier religious group. The group appealed to court. In June, the MOC registered the Association of Buddhism in the Czech Republic, which had applied for registration in 2019. Also in June, the Religious Society of Slavs applied for registration; the application was pending at year’s end. In August, the ministry stated it rejected a registration application from the Holy Dyad because the group failed to provide required information by an administrative deadline. The group has the option to reapply. A 2017 appeal by the Lions of the Round Table – Order of the Lands of the Czech Crown of an MOC registration rejection remained pending with the Prague Municipal Court. There was no information available on the status of the application.
In March, the Zlin Regional Court found PGJ leader Jaroslav Dobes and member Barbora Plaskova guilty of the rape of six women and acquitted them of a charge of rape of a seventh woman. The pair appealed the verdict, and the case was pending at year’s end. Dobes and Plaskova continued to seek asylum in the Philippines, where they were in immigration detention, and international arrest warrants by Czech authorities for the pair remained outstanding. According to PGJ officials, the group submitted two separate complaints to the European Court of Human Rights in March, regarding the cases against Dobes and Plaskova. The court rejected further examination of Plaskova’s case and was still reviewing Dobes’ at the end of the year.
The PGJ’s 2017 lawsuit against the government’s Office for Personal Data Protection alleging abusive investigation of the group’s registration application and against the MOC’s rejection of its registration application remained pending in the Prague Municipal Court at year’s end. There was no further information available on the case.
According to Human Rights Without Frontiers (HRWF), on February 24, the Zlin Regional Court ruled against restituting 190,000 euros ($233,000) to the Poetrie esoteric yoga school, which was tied to the PGJ. The court seized the funds in 2010 as part of the prosecution against Jaroslav Dobes and Barbara Plaskova. In its most recent ruling, the court stated it dismissed the restitution claim because the funds continued to be important to the criminal proceedings. According to HRWF, PGJ attorney Vit Brozek stated the court’s ruling contravened the criminal code, which requires the return of seized items that are “no longer necessary for further proceedings.” Brozek filed a complaint with the High Court in Olomouc, asking it to annul the lower court’s decision and release the frozen funds to the Poetrie school. In his complaint, Brozek stated the Zlin Regional Court’s conduct “threatens confidence in independent, impartial, professional, and fair decisions of the courts.”
The MOI granted permanent residence to two of 70 Chinese Christians whose applications for asylum on the grounds of religious persecution in China it had denied in 2018. The MOI indicated it would accept similar applications for permanent residence from other Chinese Christians whose asylum applications it had denied. The decision followed the 2019 ruling of the Supreme Administrative Court, which considered five appeals of the MOI’s 2018 denial of the asylum applications and returned them to the MOI for review. The Supreme Administrative Court based its remand of the cases to the MOI on insufficient reasoning by the ministry in evaluating and addressing the applicants’ stated fears of persecution. At year’s end, the MOI was reviewing the remaining 16 applications the courts had remanded to it for further review and said it would review the applications of the other 52 asylum seekers as well. The government had not deported any of the 70 asylum applicants.
The government concluded processing restitution claims religious groups made between 2012 and 2013 for confiscated land and other real and personal property.
In June, the Constitutional Court upheld a 2019 ruling by the Supreme Court and a 2017 ruling by the South Moravian Regional Court in Brno that the Ministry of Labor and Social Affairs and not the Brno Jewish Community was the legal owner of a building in Brno. The community filed a restitution claim in 2013, and the ministry rejected the claim in 2014.
The government provided 17 second-tier religious groups with approximately 3.3 billion crowns ($159 million): 1.1 billion crowns ($53 million) in government subsidies and 2.2 billion crowns ($106 million) as compensation for communal property in private and state hands that would not be returned. Five of the 22 second-tier groups declined all state funding. While accepting the state subsidy, the Baptist Union opted not to accept compensation for unreturned property. In addition, the MOC provided 2.4 million crowns ($116,000) in grants for religiously oriented cultural activities in response to applications from various religious groups.
The government paid the annual allotment of 20 million crowns ($964,000) of the total of 100 million crowns ($4.82 million) earmarked for 2019-2023 as contribution to the Endowment Fund for Holocaust Victims for projects focused on Holocaust remembrance and education, welfare for Holocaust victims, and care for Jewish monuments.
In November, the Kolel Damesek Eliezer Foundation, a U.S. charity, the FJC, and the Hanacky Jerusalem Association met with the municipal council of Prostejov to continue discussions on the plan to restore a former Jewish cemetery in that city that the MOC designated a cultural monument. In 2019, the three parties signed a memorandum on restoration of the cemetery, which was destroyed by the Nazis and later converted into a park.
In January, the municipal council in Prague approved a building permit for the Association for the Renewal of the Marian Column. The group completed construction of the column, with a statue of the Virgin Mary, in the city’s Old Town Square in June. Roman Catholic Cardinal Dominik Duka, Archbishop of Prague, consecrated the statue in August. The original, Baroque-era column was torn down in 1918 shortly after Czechoslovak independence. Critics of the project said the statue was a symbol of Habsburg Empire-enforced Catholicism on the country.
The SPD and its leader, Tomio Okamura, continued to criticize Islam and Muslim migrants. In December, Okamura posted on his party’s website, in reaction to the killing of a teacher in France, that “the horrors of Islam are fully laid bare. SPD promotes a full ban on promotion of hateful Islamic ideology and rejects immigration from Muslim countries.” Also in December, Okamura complained on his Facebook site that his proposed legislation “banning propagation or hateful ideologies, and by that I mean Islam” had been pending in the Chamber of Deputies for two years. In February, Okamura stated in an interview for a prominent magazine that his party “stopped Islam,” asking the journalists to look out the window and tell him if they see “any Islam” or “any Arabs on camels.” In October, Okamura aired video on his YouTube channel of an earlier statement he made on television that “it is fully confirmed that Islam is not compatible with freedom and democracy. There will be either freedom or democracy, or Islam. There is nothing in between.”
In July, the government approved the 2019 Report on Extremism and Hate Crime and the annual Strategy to Combat Extremism for 2020 that outlined specific tasks for various ministries, such as the MOI, Ministry of Justice, Ministry of Education, MOC, and Ministry of Finance, in fighting extremism and hate crimes, including hate crimes against religious groups. Steps the document outlined to reduce incidents included raising public awareness about extremist activities, campaigns to reduce hate speech on the internet, education and prevention programs at schools, specialized training for law enforcement, and assistance to victims.
In January, Foreign Minister Tomas Petricek called for stricter measures against anti-Semitism, particularly on the internet, at the opening of an exhibition honoring victims of the Holocaust. Organized by the Ministry of Foreign Affairs; the exhibition opened in conjunction with International Holocaust Remembrance Day.
On January 27, the Senate, in cooperation with the FJC, again organized a ceremony to honor victims of the Holocaust as part of Holocaust Remembrance Day. Speaker of the Chamber of Deputies Radek Vondracek and Deputy Speaker of the Senate Jiri Oberfalzer delivered remarks and called for religious tolerance.
In April, organizers cancelled the annual march and Culture against Anti-Semitism Festival due to the COVID-19 pandemic. Instead the organizers initiated a public campaign entitled, “We All Are People” and an online event in which Speaker of the Senate Milos Vystrcil, director of the Jewish Museum Oto Pavlat, Member of Parliament Jan Bartosek, member of the Ecumenical Council of Churches Daniel Fajfr, Prague municipal representative Jan Wolf, and others spoke out against hatred and violence based on ethnic and religious grounds. Vystrcil highlighted the importance of societies coming together to face challenges, comparing the fight against coronavirus to the fight against anti-Semitism. Bartosek stated that adverse circumstances, such as coronavirus and the “horrors of World War II and mass deaths in gas chambers” bring people together regardless of religion, race, and political persuasions. Other speakers urged the viewers to remember victims of Nazism and communism and highlighted the importance of remembering the Holocaust. The online event also included the personal testimony of a woman who described friends and family who perished in the Holocaust.
The government provided grants for religiously oriented cultural activities, including the annual Night of Churches held in several cities; the annual National Pilgrimage of St. Wenceslaus (consisting of a march through Prague and masses celebrated in that city and Brandys nad Labem); the annual Concert in Memory of Holocaust Victims; the celebration of the 100th anniversary of the Hussite Church; and Litomysl Days of Baroque Tradition (a festival consisting of liturgical music, masses, and readings). Some of the events, including KRISTFEST (a festival of seminars, workshops, and musical performances on religious themes) and the Archaion Kallos festival of Orthodox music for which the government approved grants were postponed or cancelled due to COVID-19.
According to the FJC, the MOI continued to provide security to the Jewish community and Jewish sites based on a memorandum of cooperation signed in 2016. Police provide enhanced protection of Jewish sites in the country after terrorist attacks in Vienna, Austria, in November.
The country is a member of the International Holocaust Remembrance Alliance.
Section III. Status of Societal Respect for Religious Freedom
In IUSTITIA stated it received reports of seven religiously motivated hate crimes during the first half of the year: four against Muslims, two against Jews, and one against Christians, compared to 14 such cases – 12 against Muslims and two against Jews – in all of 2019. In IUSTITIA did not provide details of the incidents.
In 2019, the most recent year data were available, the MOI reported 23 criminal offenses with anti-Semitic motives and 11 with anti-Muslim motives, compared with 15 and eight offenses, respectively, in 2018. The MOI reported only incidents that it investigated.
The FJC, which actively monitored the internet for instances of anti-Semitism, reported 694 anti-Semitic incidents in 2019, compared with 347 in 2018, including nine directed against specific persons or institutions – three cases of property damage, and six cases of harassment. In one incident, a taxi driver threatened a Jewish passenger with death, and in another, on public transportation, a woman shouted at a passenger, “You dirty Jews should die out!” In a third incident, a woman at Jewish sites in Prague shouted insults in English, such as “You [expletive] Jews, Holocaust was good, you deserve to be gassed.” The other 685 incidents included graffiti, videos, articles, and online comments. For example, vandals damaged the walls of the Old Jewish Cemetery in Prague, writing, “Palestine Libre.” According to the FJC, the largest increase was in anti-Semitic hate speech on the internet, which accounted for 95 percent of the incidents. It stated 80 percent of incidents involved stereotypical statements and conspiracy theories about Jews, such as allegations Jews controlled the economy and government. In 14 percent of the cases, the writers attacked Israel and supported the Boycott, Divestment, and Sanctions movement, while 2 percent denied the Holocaust. The FJC stated the sharp increase in the number of anti-Semitic hate speech incidents found on the internet might be the result of more effective FJC monitoring and not an indicator of increased anti-Semitic sentiment in the country.
In February, the Pew Research Center published findings on attitudes towards democratic principles, such as a regular elections, free speech, and free civil society as well as religious freedom in 34 countries based on interviews it conducted in its Spring 2019 Global Attitudes Survey. According to the findings, 47 percent of Czech respondents considered religious freedom to be “very important,” ranking it among the lowest of their priorities for democratic principles of the nine tested.
In February, the FJC filed a criminal complaint against the company Guidemedia for publishing an anti-Semitic children’s book, Poisonous Mushroom, first published in Germany in 1938 as part of anti-Semitic Nazi propaganda. In May, the FJC filed a criminal complaint against the Nase vojsko company for publishing a 2021 calendar featuring Nazi figures. Police investigations in both cases were ongoing at year’s end.
The MOI reported nine private “white power” concerts were held during the year in which participants expressed anti-Semitic and neo-Nazi views, compared with 11 such concerts in 2019. The ministry estimated approximately 50 to 100 persons attended each concert.
In January, unknown perpetrators sprayed graffiti on a mosque in Brno that read, “Don’t Spread Islam in the Czech Republic! Otherwise, we’ll kill you.” Prime Minister Andrej Babis and Cardinal Duka condemned the attack. Police suspended their investigation after failing to identify any suspects.
According to a report on hate crimes in the country in 2019 from the Organization for Economic Cooperation and Development’s (OECD) Office for Democratic Institutions and Human Rights, citing the FJC as the source, a public official received a letter containing death threats, anti-Semitic insults, and statements expressing approval of the Holocaust. The OECD also cited the FJC as the source of two reports of vandalism against Jewish cemeteries in 2019 and In IUSTITIA as reporting anti-Semitic threats against a Jewish shop owner, whose shop was located near Jewish schools.
The OECD report also included 2019 incidents against Muslims, citing In IUSTITIA as the source. In one, an Egyptian man, his wife, her friend, and three children were subjected to threats while on a tram, and the harassers then chased the man and knocked him to the ground. In other incidents, a group on the street directed anti-Muslim threats at a woman wearing a headscarf, and an individual directed anti-Muslim threats at two girls, one of whom was wearing a headscarf.
In October, the Prague Higher Court upheld a three-year suspended sentence for Jakub Weingartner for posting online comments expressing approval of the deadly attacks on two mosques in New Zealand in 2019. The lower Prague Municipal Court convicted and sentenced Weingartner in July. Also in July, in a separate case, the Prague Municipal Court issued a two-year suspended sentence to Milan Jaros for publicly approving of the attacks. Jaros apologized and donated money to Red Cross aid for orphans in Syria.
In October, the Ostrava Regional Court sentenced Roman Mariancik, who in March pretended to be a Muslim terrorist and threatened to bomb a shop in Ostrava, to three-and-a-half years in prison. The verdict was final.
In February, the Czech Railroads Administration financed the restoration of the Valediction Memorial to Jewish children who escaped the Holocaust. Vandals damaged the memorial in 2019. Police investigated the case but did not identify the perpetrators.
According to PGJ members, in May, a PGJ representative asked Radio Wave, a listener-funded public radio station, to correct what he called misinformation against the group’s leader and practices presented in an October 19 program broadcast by the station. Radio Wave agreed to publish a rebuttal to the show by the PGJ but rejected the submission after reviewing it as not meeting publication standards.
The PGJ reported that its members feared harassment, including losing their jobs, position at a university, and child custody disputes if their affiliation with the group became known. One member reported undergoing a “two-month intensive examination of moral qualities” while trying to complete an international certification in gestalt psychotherapy from an institute in Prague because of the individual’s public connection with the PGJ.
The Jewish community reported receiving several shipments of gravestone fragments during the year, pursuant to the 2019 agreement with the Prague mayor’s office on the return of Jewish gravestones the communist government had taken from a 19th century Jewish cemetery in the 1980s and cut into cobblestones it laid down in various areas of the capital, notably in Wenceslas Square and Na Prikope Street. Community leaders planned to reinstall the stones in the cemetery as a memorial to be designed by a leading Czech sculptor.
The government-funded Endowment Fund for Holocaust Victims, established by the FJC, contributed four million crowns ($193,000) to 14 institutions providing health and social care to approximately 450 Holocaust survivors.
Section IV. U.S. Government Policy and Engagement
Embassy representatives continued to engage government officials from the Department of Churches on issues including property restitution to religious groups, religious tolerance, and the Prostejov Jewish cemetery. Embassy officials also met with the Ministry of Foreign Affairs’s special envoy for Holocaust issues, Robert Rehak, regarding property restitution. Embassy officials participated in the Holocaust commemoration ceremony in Prostejov and engaged with the local mayor to support the efforts to restore the Jewish cemetery.
The Ambassador and other embassy officials continued to meet with representatives from the Catholic, Protestant, and Jewish communities to reaffirm U.S. commitment to religious freedom and tolerance and to hear their views on interfaith relations.
Denmark
Executive Summary
The constitution guarantees the right of individuals to worship according to their beliefs. It establishes the Evangelical Lutheran Church (ELC) as the national church, which has privileges not available to other religious groups. Other religious groups must register with the government to receive tax and other benefits. Muslim and Jewish leaders expressed concerns over the reintroduction of a resolution, with significant public and political support, to ban ritual circumcision of boys. Prime Minister Mette Frederiksen and the leader of the largest opposition party both opposed the resolution, which was scheduled for a parliamentary debate and vote in early 2021. Residents in select communities throughout the country filed discrimination lawsuits after they faced evictions under the government’s “ghetto” law regulations, which critics said targeted Muslim-majority areas. The same regulations required parents in the “ghettos” to send their young children to government day care and receive instruction in “Danish values,” including in Easter and Christmas traditions, in order to be eligible to receive social welfare payments. Parliament was considering a bill, reportedly with widespread support, that would require religious sermons to be translated into Danish to prevent the development of “parallel societies.” At year’s end, there were 14 foreign preachers on a government lists banning them from entering the country. The Pew Research Center categorized the country as having “high government restrictions on religion,” a ranking the Pew Center attributed in part to the government’s ban on face coverings.
Police reported 180 religiously motivated crimes in 2019, the most recent year for which data were available, 61 percent more than in 2018. There were 109 crimes against Muslims, 51 against Jews, eight against Christians, and 12 against members of other religions or belief groups. Most incidents involved harassment, hate speech, and vandalism, including desecration of cemeteries. In separate incidents, anti-Muslim protestors set a Quran on fire in a predominantly Muslim neighborhood, a man repeatedly kicked and punched a teenaged Muslim girl and tried to remove her headscarf, another man forcibly removed a Muslim woman’s face covering, and a Jehovah’s Witness was slapped while he was proselytizing. In January, unidentified persons vandalized a mosque in Copenhagen, and in September, on Yom Kippur, members of the Nordic Resistance Movement put up posters in 16 cities accusing the Jewish community of pedophilia in connection with circumcision.
The U.S. Ambassador and other embassy officials met with government representatives, including members of parliament and the Ministry of Foreign Affairs’ Office of the Special Representative for Freedom of Religion of Belief, to discuss the importance of religious freedom. Embassy officials engaged with religious leaders from the Muslim, Jewish, and Christian communities throughout the year to discuss issues, including the debate on the proposed circumcision ban, the ban on ritual slaughter, the proposed bill requiring the translation of sermons into Danish, and the effects of the COVID-19 pandemic on their faith practices. They also met with media to discuss the proposed circumcision ban. In their discussions, embassy officials stressed the importance of religious freedom and tolerance.
Section I. Religious Demography
The U.S. government estimates the total population at 5.9 million (midyear 2020 estimate). According to an October estimate by the government’s Statistics Denmark, 74.1 percent of all residents are ELC members. The Danish government does not collect data on religious affiliation outside of the ELC, but estimates that there are between 280,000 and 310,000 Muslims living in the country, accounting for 4.7 to 5.3 percent of the population. According to a January estimate by the University of Copenhagen’s Department of Cross-Cultural and Regional Studies, there are 320,000 Muslims. Muslims are concentrated in the largest cities, particularly Copenhagen, Odense, and Aarhus. The Ministry of Foreign Affairs estimates other religious groups, each constituting less than 1 percent of the population, include, in descending order of size, Roman Catholics, Jehovah’s Witnesses, Serbian Orthodox Christians, Jews, Baptists, Buddhists, members of The Church of Jesus Christ of Latter-day Saints, Pentecostals, members of the Baha’i Faith, and nondenominational Christians. According to a survey released in October by the Ministry of Immigration and Integration, approximately 11 percent of the population does not identify as belonging to a religious group or identifies as atheist. Although estimates vary, the Jewish Community in Denmark states there are approximately 7,000 Jews in the country, most of whom live in the Copenhagen metropolitan area.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution declares the ELC as the country’s established church, which shall receive state support and to which the reigning monarch must belong. The constitution also states individuals shall be free to form congregations to worship according to their beliefs, providing nothing “at variance with good morals or public order shall be taught or done.” It specifies that “rules for religious bodies dissenting from the established Church shall be laid down by statute.” The constitution stipulates no person may be deprived of access to the full enjoyment of civil and political rights because of religious beliefs and that these beliefs shall not be used to evade compliance with civic duty. It prohibits requiring individuals to make personal financial contributions to religious denominations to which they do not adhere.
The law prohibits hate speech, including religious hate speech, and specifies as penalties a fine (amount unspecified) or a maximum of one year’s imprisonment. If a religious leader disseminates the hate speech, the penalties increase to a fine or a maximum of three years’ imprisonment.
The ELC is the only religious group that receives funding through state grants and voluntary, tax-deductible contributions paid through payroll deduction by its members. Voluntary taxes account for an estimated 86 percent of the ELC’s operating budget; the remaining 14 percent is provided through a combination of voluntary donations by congregants and government grants. Members of other recognized religious communities cannot contribute via payroll deduction but may donate to their own community voluntarily and receive a tax deduction. The ELC and other state-recognized religious communities carry out registration of civil unions, births, and deaths for their members.
The Ministry of Ecclesiastical Affairs is responsible for granting official status to religious groups other than the ELC through recognition by royal decree (for groups recognized prior to 1970) or through official registration. The law requires individual congregations within a religious community to formally register with the government to receive tax benefits. Religious communities must comply with annual reporting requirements in order to maintain their government recognition. According to the Ministry of Ecclesiastical Affairs, there are 448 religious groups and congregations the government officially recognizes or that are affiliated with recognized groups: 338 Christian groups, 66 Muslim (including the Alevi community, which the government does not categorize as Muslim), 16 Buddhist, seven Hindu, three Jewish, and 18 other groups and congregations, including the Baha’i Faith and followers of the indigenous Norse belief system Forn Sidr.
Recognized religious groups have the right to perform legal marriage ceremonies, name and baptize children with legal effect, issue legal death certificates, obtain residence permits for foreign clergy, establish cemeteries, and receive various value added tax exemptions. The law allows only religious communities recognized before 1970 to issue birth, baptismal, and marriage certificates. This privilege will expire for all religious communities except the ELC in 2023. Members of other religious communities or individuals unaffiliated with a recognized religious group may have birth and death certificates issued only by the health authority.
Groups not recognized by either royal decree or the government registration process, such as the Church of Scientology, are entitled to engage in religious practices without any kind of public registration. Members of those groups, however, must marry in a civil ceremony in addition to any religious ceremony. Unrecognized religious groups are not granted full tax-exempt status, but members may deduct contributions to these groups from their taxes.
The law codifies the registration process for religious communities other than the ELC and treats equally those recognized by royal decree and those approved through registration. A religious community must have at least 150 adult members, while a congregation, which the Ministry of Ecclesiastical Affairs considers a group within one of the major world religions (Christianity, Judaism, Hinduism, Buddhism, and Islam), must have at least 50 adult members to be eligible for approval. For congregations located in sparsely populated regions, such as Greenland, the government applies a lower population threshold, which varies according to the total population of the region.
Religious groups seeking registration must submit to the Faith Registry in the Ministry of Ecclesiastical Affairs a document on the group’s central traditions; a description of its most important rituals; a copy of its rules, regulations, and organizational structure; an audited financial statement (which it must submit annually); information about the group’s leadership; and a statement on the number of adult members permanently residing in the country. Groups also must have formal procedures for membership and make their teachings available to all members. The Ministry of Justice makes the final decision on registration applications after receiving recommendations from a group consisting of a lawyer, religious historian, sociologist of religion, and nonordained theologian. Religious groups that do not submit the annual financial statement or other required information may lose their registration status.
The law prohibits masks and face coverings, including burqas and niqabs, in public spaces. Violators face fines ranging from 1,000 to 10,000 Danish kroner ($160-$1,600). Fines are 1,000 kroner ($160) for the first offense, 2,000 kroner ($330) for the second, 5,000 kroner ($820) for the third, and 10,000 kroner ($1,600) for the fourth and subsequent offenses.
The law bans judges from wearing religious symbols such as headscarves, turbans, skullcaps, and large crucifixes while in court proceedings.
The law requires persons to shake hands during their naturalization ceremonies to obtain Danish citizenship.
All public and private schools, including religious schools, receive government financial support. The Ministry of Education has oversight authority of private schools, which includes supervision of teaching standards, regulatory compliance, and financial screening. The Board of Education and Quality conducts systematic monitoring and has authority to issue directives to individual institutions, withhold grants, and terminate financial support. Public schools must teach ELC theology. The instructors are public school teachers rather than persons provided by the ELC. Religion classes are compulsory in grades 1-9, although students may be exempted if a parent presents a request in writing. No alternative classes are offered. The ELC course curriculum in grades 1-6 focuses on life philosophies and ethics, biblical stories, and the history of Christianity. In grades 7-9, the curriculum adds a module on world religions. The course is optional in grade 10. If the student is 15 or older, the student and parent must jointly request the student’s exemption. Private schools are also required to teach religion classes in grades 1-9, including world religions in grades 7-9. The religion classes taught in grades 1-9 need not include ELC theology. Collective prayer in schools is allowed, but each school must regulate prayer in a neutral, nondiscriminatory manner, and students must be allowed to opt out of participating.
Military service, typically for four months, is mandatory for all physically fit men older than 18. There is an exemption for conscientious objectors, including on religious grounds, allowing for alternative civilian service. An individual wishing to perform alternative service as a conscientious objector must apply within eight weeks of receiving notice of military service. The application is adjudicated by the Conscientious Objector Administration and must demonstrate that military service of any kind is incompatible with the individual’s conscience. Alternative service may take place in various social and cultural institutions, peace movements, organizations related to the United Nations, churches and ecumenical organizations, and environmental organizations.
The law prohibits ritual slaughter of animals, including kosher and halal slaughter, without prior stunning and limits ritual slaughter with prior stunning to cattle, sheep, goats, and chickens. All slaughter must take place at a slaughterhouse. Slaughterhouses practicing ritual slaughter are obliged to register with the Veterinary and Food Administration. Violations of this law are punishable by a fine or up to four months in prison. Halal and kosher meat may be imported.
The law requires clergy members with legal authorization to officiate marriages to have an adequate mastery of the Danish language and to complete a two-day course on family law and civil rights administered by the Ministry of Ecclesiastical Affairs. The law also requires that religious workers “must not behave or act in a way that makes them unworthy to exercise public authority.” Religious workers the government perceives as not complying with these provisions may be stripped of their right to perform marriages.
By law, the Ministry of Immigration and Integration may prevent foreign religious figures who do not already have a residence permit from entering the country if it determines their presence poses a threat to public order. In such cases, the ministry places the individuals on a national sanctions list and bars them from entry into the country for two years, a period which it may extend.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
In September, 11 members of parliament (MPs) representing 11 minority political parties generally regarded as both left and right of center, and including a member from the ruling Social Democratic Party, reintroduced, for the third year in a row, a citizen proposal to ban ritual circumcision of boys under the age of 18. Parliamentarian Simon Emil Ammitzboll-Bille introduced a second proposal to ban circumcision of minors, with a substantively identical text. If adopted, the resolutions, which call for a criminal penalty of up to six years in prison for violators, would require the government to introduce legislation banning circumcision of minors. The Danish Society of Anesthesiology and Intensive Care Medicine presented its case to parliament in support of the ban. According to an opinion poll conducted by Danish research consultancy Megafon, approximately 86 percent of the public supported the ban.
Prime Minister Frederiksen of the Social Democratic Party opposed the circumcision ban in a press conference on September 11. She stated that, while she personally disagreed with ritual male circumcision, the country should not limit the religious rites of the Jewish community and that the circumcision debate could not be separated from Europe’s history of Jewish persecution. Following the Prime Minister’s statement, Jakob Ellemann-Jensen, the leader of the Liberal Party, the largest opposition party, publicly supported the Prime Minister’s statement, agreeing that Denmark should not be the first European country to ban the practice. Following Frederiksen’s and Ellemann-Jensen’s statements, national daily Kristeligt Dagblad reported that a parliamentary majority opposed the ban and that the legislation would likely fail.
Henri Goldstein, the chairman of the Jewish Community in Denmark and a physician, said in an interview with the Jerusalem Post that the Jewish Community continued to see the proposed ban as “the worst threat since World War II.” Naveed Baig, an imam and theologian, expressed shock at the wide public support for the ban in an interview with Kristeligt Dagblad. Other national dailies, including Politiken and Jyllands–Posten, reported on the absence of the Muslim community in the public responses to the legislation. Muslim leaders said that many Muslims remained intentionally quiet, as they felt their voices would hurt the case for ritual circumcision due to strong anti-Muslim sentiments in society. Jarun Demirtas, a nurse who supported the proposed ban and an opinion writer for newspaper Jyllands-Posten, told the paper, “If it was only the Muslims [who were affected], we would have a majority for a ban on circumcision in one day.” Representatives from the Muslim and Jewish communities said that even if the proposed ban failed again due to the Prime Minister’s intervention, they remained concerned about the proposal and its annual reemergence in parliamentary debates. The proposed legislation was scheduled for a parliamentary debate and vote in early 2021.
Representatives of the Muslim and Jewish communities continued to express frustration at the country’s limitation on religious slaughter of livestock but stated that halal and kosher meat could be imported from within the EU.
In April, the independent, state-funded Danish Institute for Human Rights (DIHR) published a report by senior researcher Eva Maria Lassen, Limitations to Freedom of Religion or Belief in Denmark, that cited an upward trend of legislative constraints on religious expression. According to Lassen’s research, recent legislation, such as the handshake requirement for new citizens, had limited non-Christian religious practices, particularly those of Muslim and Jewish minorities. In addition to the bans on ritual slaughter and face coverings, Lassen cited five acts passed in 2016 and 2017 targeting “religious preachers who seek to undermine Danish Law and Values” as examples of increasing governmental limitations on religious freedom. One such act introduced a mandatory course in Danish family law, freedom, and democracy for non-EU religious preachers. Lassen stated that these legislative amendments disproportionately targeted religious preachers, and not “other leaders with comparable authority.”
In November, the Pew Research Center categorized the country as having “high government restrictions on religion,” the middle level in the report’s three-tiered system (low, high, and very high government restrictions). According to Pew, the country owed its ranking in part to the government’s ban on facial coverings.
The government fined two women for violating the ban on face coverings. In one case, in January, a local court fined a woman 1,000 kroner ($160) for wearing a niqab in a shopping center in Odense in October 2019. In response to the coronavirus pandemic, the Ministry of Justice issued guidance stating the law did not apply to face coverings that served specific health purposes, such as masks worn to prevent the spread of coronavirus.
Leaders of the opposition Danish People’s Party (DPP), generally described as right of center, called repeatedly for a ban on the Islamic call to prayer throughout the country. A 2019 parliamentary bill to ban the call to prayer lapsed without a vote. Martin Henriksen, a DPP board member, wrote in an opinion article for the newspaper Dit Overblik that Islamic calls to prayer should lead to deportation. ELC priest Niels Hviid defended Muslims’ right to religious expression; journalist Paula Larrain stated that if the Islamic prayer call was “noise,” then so was the sound of church bells.
The Ministry of Transport, Building, and Housing continued to implement the government’s parallel society program, which included the elimination by 2030 of “ghettos” (a term referring to neighborhoods of majority non-Western immigrants, which media widely interpreted to mean Muslim-majority communities). Authorities withheld quarterly benefits of up to 4,557 kroner ($750) from parents in “ghetto” communities who refused to send toddlers over the age of one to government-funded day care to be taught “Danish values,” including Christmas and Easter traditions.
Asif Mehmood, a Muslim immigrant from Pakistan, and 11 of his neighbors filed a lawsuit challenging the parallel societies program with support from the Open Society Justice initiative. The government declared Mehmood’s four-block Copenhagen housing complex, Mjolnerparken, a “ghetto.” According to reports by U.S. broadcaster National Public Radio (NPR) and UK newspaper The Guardian, the government wanted to sell Mjolnerparken to developers and told residents they would be offered equivalent housing nearby. NPR reported Mehmood and some political opposition parties, however, were skeptical of the offer, given the relatively low cost of their rent-controlled housing compared with market prices in surrounding areas. According to The Guardian, residents who refused to leave could be evicted.
Samiah Qasim, a social worker and Muslim resident of Mjolnerparken, told al-Jazeera television in January that she had received “a letter saying that since I’m from a ‘ghetto’ area, I have to sign up to send my child to this institution for 25 hours a week to learn ‘Danish values’.… If we refuse, we don’t get any benefits or child support.” Samiah added, “This has nothing to do with me as a mother. It is based simply on my address. If I moved over to the other side of the road, I would not be having any of these problems.” Al-Jazeera cited another Mjolnerparken resident as stating, “I felt Danish until recently. Now I feel I’m not a part of this society. The politicians created their ‘parallel society’ with the bad reputation they’ve given Mjolnerparken so that ethnic Danes don’t want to live here.”
Residents of a public housing complex in Helsingor accused housing authorities of illegal discrimination after they told 96 families they had to relocate from the majority-Muslim neighborhood due to building renovations. The residents challenged their removal in court, but in November, the Helsingor City Court ruled that no discrimination had taken place and those evicted must vacate the property by April 2021. In October, the UN Office of the Human Rights Commissioner issued a statement urging the country to stop the sale of residences classified as “ghettos” until the government determined whether the subsequent evictions violated citizens’ human rights. A similar case occurred in Vollsmose, a suburban town on the island of Fyn, where 118 residents of a majority-Muslim residential community were also contesting eviction notices.
In October, the ruling Social Democratic Party announced plans to introduce a bill, with strong parliamentary support, in 2021 that would require the translation of all religious sermons into Danish. The government stated that this legislation would stop the development of parallel societies. Minority religious leaders from the Muslim, Jewish, and Catholic faiths said the legislation would create challenges for their large immigrant communities, who often preferred to worship in their native languages. ELC bishops for the dioceses of Copenhagen, Ribe, and Haderslev publicly opposed the proposal. The legislation would also affect ELC services given in the Greenlandic or Faroese languages.
In February, authorities denied a man citizenship after he refused to shake hands with the government representative during his naturalization ceremony. Badar Shah, the government representative and a politician in the Alternative Party, said that, while the refusal to shake hands was not connected to gender, it was “a silent protest” against the handshake requirement, which religious leaders said unfairly targeted Islamic religious practices. Some municipalities, including Syddjurs and Hedensted in Jutland, subsequently staged the ceremony with both a male and female government representative present so that new citizens could choose to shake hands with an official of the same gender. In April, the government suspended the handshake requirement due to the COVID-19 pandemic.
In July, the Islamic Faith Community sent an official complaint to parliament’s Standing Orders Committee in connection with remarks made by MPs Morten Messerschmidt and Pernille Vermund during legislative debate on public Islamic calls to prayer. Vermund described Islam as a “weed,” and Messerschmidt stated that increased Muslim populations in the country had “worsened problems.”
The immigration service listed 14 persons, including four U.S. citizens, on the national sanctions list of religious preachers barred from entering the country. The Ministry of Immigration and Integration stated the individuals threatened the nation’s public order but did not provide additional details. Entry bans remain in force for two years from the date of issuance and may be extended. Foreign nationals holding a residence permit, along with European Union (EU) nationals and residents, could not be placed on the sanctions list.
Throughout the COVID-19 pandemic, some politicians and media commented on outbreaks among Muslim communities. In an August opinion article for online news site Altinget, Johanne Thorup Dalgaard wrote that the country was scapegoating Muslims for virus transmission when most Danes, including the author herself, were guilty of attending graduation parties and flouting social distancing guidelines throughout the summer months. Members of the Muslim community said politicians had “weaponized” cases of COVID-19 among Muslims early in the year to suggest that Muslims did not follow or respect public health guidelines. After reports of high infection rates among majority Muslim communities in the spring, New Right MP Pernille Vermund wrote on Facebook, “They should not destroy our freedom,” referring to an outbreak in the Aarhus Muslim community following a funeral attended by 300 to 400 persons and the potential for additional COVID-19 restrictions. MP and former Immigration Minister Inger Stojberg criticized the Muslim community’s participation in the funeral, and her supporters agreed, writing on Facebook, “Use water cannons against [Muslims],” and “shoot them [with water cannons].”
The government continued to provide armed security, consisting of police and military personnel, for Jewish sites it considered to be at high risk of terrorist attack, including Copenhagen’s synagogue, community center, and schools, along with the Israeli embassy and ambassador’s residence.
Section III. Status of Societal Respect for Religious Freedom
According to police statistics in a report released in late October, there were 180 religiously motivated crimes in 2019, the most recent year for which statistics were available, a 61 percent increase over the 112 crimes reported in 2018. Police officials stated that, while they could not be sure of the causes of the sharp increase in hate crimes, it might be tied to the terrorist attacks at mosques in New Zealand, as well as to increased reporting resulting from the “Stop Hate” campaign by police. National Police Chief Thorkild Fogde described the increase in hate crimes (among which religiously motivated crimes increased the most) as “remarkable, and something we must take very seriously.”
Of the 180 religiously motivated crimes, 109 were against Muslims (63 in 2018), 51 against Jews (26), 8 against Christians (14) and 12 against other religions (nine). Police did not provide a precise breakdown of religiously motivated crimes by type of incident. According to an official in the police National Prevention Center, religiously motivated crimes in 2019 increased in November on and around the anniversary of Kristallnacht (Night of Broken Glass) in Nazi Germany. There were at least two reports in that year of Muslim women who were physically assaulted, as well as verbally harassed. In one case, a man repeatedly kicked and punched a teenage girl while he yelled anti-Muslim insults and tried to remove her headscarf. Police opened an investigation into the case but did not publish further information on its outcome. In another case, a man pulled off a woman’s face covering and directed anti-Muslim insults at her. According to police reports, anti-Muslim protestors set a Quran on fire in a predominately Muslim neighborhood. In other incidents, a male Jehovah’s Witness was slapped and had a car door slammed on him while “engaging in religious activities in the street,” according to the police report, which added, without more details, that the perpetrator was sentenced for committing a hate crime. In another case, an individual vandalized more than 80 gravestones in a church cemetery with anti-Christian graffiti. The perpetrator had previously been convicted of a similar offense. Other examples of religiously motivated hate crimes in 2019 highlighted in the police report included vandalism against Jewish cemeteries and the posting of Stars of David on mailboxes and houses.
Representatives of Copenhagen’s Jewish Society said they received 37 reports of anti-Semitic incidents in 2019, 8 percent fewer than in 2018 (45). The Jewish Society noted that while there were fewer cases reported to them, the number of cases reported to police increased. The incidents, in descending order of frequency, included anti-Semitic speech, vandalism, threats, and discrimination. Two incidents were related to the topic of circumcision. Seven cases occurred on the anniversary of Kristallnacht and included the placement of Stars of David and the word “Jew” on Jewish families’ and Jewish-affiliated organizations’ mailboxes or houses throughout the country. In one case, a Jewish family in the greater Copenhagen area found papers outside their house and in their mailbox that included a drawing of Hitler’s face, swastikas, and derogatory statements such as “stingy pigs.” In another case, three sixth-grade students in northern Jutland repeatedly harassed a Jewish girl in their class by, for example, etching swastikas into the girl’s desk and chair, drawing swastikas on the classroom blackboard, and posting “Out with the Jewish girl” in a group WhatsApp chat. The girl’s parents reported the case to the school, which suspended the perpetrators.
Rasmus Paludan, a lawyer and founder of the Stram Kurs (Hard Line) political party, which was not represented in parliament and cited in its platform “the unacceptable behavior exhibited by Muslims” and what it described as the need to deport all non-Western residents, continued to hold anti-Muslim rallies, though fewer than in 2019, in Muslim-majority immigrant neighborhoods across the country. At one demonstration in Aarhus in June in which press reports estimated 50 to 100 persons participated, demonstrators threw stones and fireworks at police, which was followed by further violence. One man broke down a police barrier and threatened police with a knife. Also in June, a court found Paludan guilty of 14 counts of racism, defamation, and reckless driving. The court disbarred Paludan for three years, suspended his driver’s license, and sentenced him to one month in prison. Paludan was appealing the verdict at year’s end.
On September 28, Yom Kippur, members of the Nordic Resistance Movement (NRM) put up posters in 16 cities, including Copenhagen, accusing the Jewish community of pedophilia in connection with circumcision. Affected municipalities removed the posters.
In August, the public transportation company DSB received complaints after it ran a political advertisement for the DPP that read, “No to Islam.” The advertisement appeared in the company’s magazine Ud & Se, which was available on public trains. DSB removed the ad after receiving a complaint from a train customer.
In January, unknown persons vandalized the exterior of the Rovsingsgade Mosque in northwest Copenhagen, spray-painting anti-Islamic epithets such as, “Islam = cancer,” and “[a derogatory slur for Muslim immigrants] are garbage.” A spokesperson for the mosque, Somaia Hamdi, said the vandalism sparked fear in the Muslim community.
On October 16, the Randers City Court convicted two men connected with the NRM of a religiously motivated hate crime for desecrating a Jewish graveyard in Randers in 2019, on the anniversary of Kristallnacht, covering more than 80 tombstones in green paint, turning over six tombstones, and painting “Jew” on one grave. The court sentenced one man to one year in prison. At year’s end, the second man still awaited sentencing, pending a psychological evaluation. In 2019, police had arrested the men and charged them with vandalism and, preliminarily, a hate crime under the “racism clause” for “abusing a certain population group based on their religion.”
Following the killing of a teacher in France in October after he showed his class cartoons of the prophet Muhammad, a Danish primary school teacher expressed solidarity with the French teacher on social media, stating she would use cartoons of the Prophet Muhammad in her classroom to teach about freedom of speech and encouraged other teachers to do the same. The post sparked a renewal of the debate about whether the cartoons should form a part of the national curriculum, and the author received multiple threats of violence. MPs from across the political spectrum, including the Social Democratic, Liberal, Danish People’s, and New Right Parties, generally described, respectively, as left-of-center, right-of-center, right-wing, and right-wing, supported the idea of using the cartoons in classes, while Claus Hjortdal, the head of the school principals’ union, cited safety concerns and warned against showing the cartoons in school. In an opinion piece in the newspaper Information, graduate student Negin Mohammadzadeh al Majidi wrote, “As a normal Muslim Dane, I get upset every time I see the Muhammad cartoons.” He added that “society misses the nuance” when it debates the issue, alienating average Muslims and not just radicalized ones.
Section IV. U.S. Government Policy and Engagement
The U.S. Ambassador and other embassy officials met with MPs and the Ministry of Foreign Affairs’ Office of the Special Representative for Freedom of Religion of Belief to emphasize the importance the United States places on religious freedom and to discuss the ongoing debate on the proposed circumcision ban.
Embassy officials engaged with religious leaders from the Muslim, Jewish, and Christian communities throughout the year to discuss the communities’ efforts to address religious freedom and the effects of the COVID-19 pandemic on their faith practices. Embassy officials met with representatives from the Muslim World League to discuss challenges for Muslim residents, including anti-Muslim sentiment. Representatives of the Jewish Community discussed concerns about increasing anti-Semitism and the perspectives of community members on religious freedom. The embassy discussed with both groups their concerns over the proposed circumcision ban. Embassy officials also met with Christian groups, including representatives from the ELC and Roman Catholic Church. In addition, embassy officials met with media, including the Danish Broadcasting Corporation, TV2, and newspapers Berlingske and Kristeligt Dagblad, to discuss issues of religious freedom, including the proposed ban on circumcision. The embassy engaged with interfaith organizations, including the nongovernmental organizations Religion and Society and DIHR, to discuss local efforts to increase interfaith dialogue and understanding.
On October 19, the Charge d’Affaires hosted an interfaith event with religious leaders from the Christian, Muslim, and Jewish faith traditions to discuss issues pertaining to religious freedom and the groups’ concerns, including the ban on ritual slaughter, the proposed circumcision ban, and the proposed bill requiring the translation of sermons into Danish.
Estonia
Executive Summary
The constitution declares there is no state church and protects the freedom of individuals to practice their religion. It prohibits the incitement of religious hatred, violence, or discrimination. The law establishes registration of religious associations and religious societies and regulates their activities. Unregistered religious associations are free to conduct religious activities but are not eligible for tax benefits. The government continued to provide funds to the Council of Churches for ecumenical activities. On January 27, the government held an annual memorial event on Holocaust Remembrance Day at the Rahumae Jewish Cemetery in Tallinn. In April, the government pledged two million euros ($2.45 million) for support of religious associations struggling as a result of the COVID-19 pandemic, both to the members of the Council of Churches and to other independent congregations, including the Estonian Jewish Congregation and the Jewish Community of Estonia.
According to government statistics, in 2019 (the most recent data available), police registered eight cases of physical abuse, breach of public order, or threats (as defined by law) that included hatred against persons from religious or other minorities, compared with no cases in 2018. According to government sources, most of the cases were tied to the victim’s race or national origin. On October 25, at the height of the renewal of conflict in Nagorno-Karabakh, Azerbaijan, pigs’ heads were found in front of the Estonian Islamic Center and the embassies of Turkey and Azerbaijan. The perpetrator was charged for littering and fined 20 euros ($25).
U.S. embassy staff continued to support dialogue on religious freedom, anti-Semitism, and Holocaust education in meetings with government officials, religious leaders, civil society, and nongovernmental organizations (NGOs). The embassy used social media to promote religious freedom, including a Facebook post celebrating International Religious Freedom Day.
Section I. Religious Demography
The U.S. government estimates the total population at 1.2 million (midyear 2020 estimate). According to the 2011 census (the most recent data available), 29 percent of the population is religiously affiliated, 54 percent do not identify with any religion, and 17 percent do not state an affiliation. According to the Estonian Council of Churches data from December 2019, 13.8 percent of the population belong to the Estonian Evangelical Lutheran Church, while 13.1 percent belong to the Estonian Orthodox Church of Moscow Patriarchate (EOCMP), and 2.3 percent belong to the Estonian Apostolic Orthodox Church. The Union of Free Evangelical and Baptist Churches of Estonia and the Roman Catholic Church in Estonia together comprise 1 percent of the population. Other Christian groups, including Jehovah’s Witnesses, Pentecostals, Methodists, Seventh-day Adventists, and Russian Old Believers, collectively constitute 1.1 percent of the population. According to the 2011 census, there are small Jewish and Muslim communities of 2,500 members and 1,500 members, respectively. Most religious adherents among the Russian-speaking population belong to the EOCMP and reside mainly in the capital or the northeastern part of the country. According to 2011 census data, most of the country’s community of Russian Old Believers lives along the west bank of Lake Peipsi in the eastern part of the country.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution declares there is no state church and stipulates freedom for individuals to belong to any religious group and practice any religion, both alone and in community with others, in public or in private, unless doing so is “detrimental to public order, health, or morals.” The constitution also prohibits incitement of religious hatred, violence, or discrimination. According to the penal code, an act inciting hatred is a crime if it results in danger to the life, health, or property of a person. The law also states that violations are punishable by fines or up to three years in prison. The constitution recognizes the right to refuse military service for religious reasons but requires conscientious objectors to perform alternative service for the same amount of time required for military service as provided by law.
The law criminalizes activities that publicly incite hatred, violence, or discrimination on the basis of religion or other minority status if it results in danger to the life, health, or property of a person. Violators are subject to a fine or detention. The law prohibits any activity that knowingly interferes, without legal grounds, with the acknowledgement or declaration of religious beliefs or the absence thereof or exercise of religion or religious rites. Violators are subject to a fine or up to one year’s imprisonment.
The registration office of the Tartu County Court registers all religious associations and religious societies. To register, a religious association must have at least 12 members, and its management board must submit a notarized or digitally signed application, the minutes of its constitutive meeting, and a copy of its statutes. The law treats registered religious associations as nonprofit entities entitled to some tax benefits if they apply for them, such as a value-added tax exemption. There are more than 550 religious associations registered with the government.
The law does not prohibit activities by unregistered religious associations. Unregistered religious associations, however, may not act as legal persons. Unlike registered religious associations, unregistered associations are not eligible for tax benefits.
Religious societies are registered according to the law governing nonprofit associations and are entitled to the same tax benefits as religious associations. To register as an NGO, a religious society must have a founding contract and statutes approved by its founders, who may be physical or legal persons. The minimum number of founders is two. The society must submit its registration application either electronically or on paper to the Tartu County Court registry office.
The law requires the commanding officer of each military unit to provide its members the opportunity to practice their religion. Prison directors must also provide the opportunity for inmates to practice their religious beliefs. The state funds police and border guard, military, and prison chaplains, who may belong to any registered religious denomination, and must guarantee religious services for individuals of all faiths.
Optional basic religious instruction is available in public and private schools and is funded by the state. All schools must provide religious studies at the primary and secondary levels if students request these studies. The courses offer a general introduction to different faiths. Religious studies instructors may be lay teachers. There are also private religious schools. All students, regardless of their religious affiliation or nonaffiliation, may attend religious schools. Attendance at religious services in religious schools is voluntary.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
According to the government’s NGO register, two religious associations – one Protestant and one Buddhist – were registered during the year.
The government allocated 646,000 euros ($793,000) to the Estonian Council of Churches. The council, which comprises 10 Christian churches – including the Lutheran Church and both Orthodox Churches – continued to serve as an organization joining the country’s largest Christian communities. The government continued to fund ecumenical activities, including ecclesiastical programs broadcast by the Estonian Broadcasting Company, youth work by churches, activities promoting interreligious dialogue, and religious publishing.
In April, the government pledged two million euros ($2.45 million) for support of religious associations struggling as a result of the COVID-19 pandemic, both to the members of the Council of Churches and to other independent congregations, including the Estonian Jewish Congregation and the Jewish Community of Estonia.
During the year, project coordinators completed plans for the restoration and renovation of Alexander’s Cathedral of the Estonian Evangelical Lutheran Church in Narva. The project was being carried out using 844,000 euros ($1.04 million) in government funds pledged in 2019.
On January 27, the government held its annual memorial event for Holocaust Remembrance Day at the Rahumae Jewish Cemetery in Tallinn. Schools again participated in commemorative activities throughout the country. The Education and Research Ministry, in cooperation with the Jewish Community of Estonia, the International Holocaust Remembrance Alliance (IHRA), the Estonian Memory Institute, and the Museum of Occupation, organized an essay-writing competition for children on topics related to the Holocaust again this year.
The government is a member of IHRA.
Section III. Status of Societal Respect for Religious Freedom
On October 25, at the height of the renewal of conflict in Nagorno-Karabakh, Azerbaijan, pigs’ heads were found in front of the Estonian Islamic Center and the embassies of Turkey and Azerbaijan. Police identified the perpetrator and initiated misdemeanor proceedings pursuant to article regulating incitement to hatred. The perpetrator was ultimately charged for littering and fined 20 euros ($25).
According to government statistics, in 2019, the most recent year for which data was available, police registered eight cases of physical abuse, breach of public order, or threats (as defined by law) that included hatred against persons from religious or other minorities, compared with no cases in 2018. According to government sources, most of these cases were tied to the victim’s race or national origin.
According to many religious and other civil society leaders, there was societal support for religious freedom and tolerance.
Section IV. U.S. Government Policy and Engagement
Embassy officials raised the importance of combating anti-Semitism, promoting religious tolerance, and promoting Holocaust education in meetings with government officials from the Ministries of Interior and Foreign Affairs.
Embassy officials met with members of the Jewish community, leaders of religious associations, representatives of the Council of Churches, civil society groups, and NGOs to discuss religious tolerance and the state of religious freedom in the country. The embassy used social media to promote religious freedom, including a Facebook post celebrating International Religious Freedom Day.
Finland
Executive Summary
The constitution prohibits religious discrimination “without an acceptable reason” and provides for the right to profess and practice a religion and to decline to be a member of a religious community. The law prohibits breaching the sanctity of religion, which includes blasphemy, offending that which a religious community holds sacred, and disturbing worship or funeral ceremonies. In September, the Supreme Court affirmed the ban on the Nordic Resistance Movement (NRM), the largest neo-Nazi group in the country. Authorities continued to investigate NRM members for engaging in banned activities as part of the successor group Towards Freedom, including public demonstrations. According to representatives of their respective groups, immigration authorities denied most asylum applications from Jehovah’s Witnesses from Russia and Ahmadi Muslims from Pakistan. More than 50 cases of Jehovah’s Witness asylum applicants were pending before the Supreme Administrative Court at year’s end. In July, a court upheld an ethnic agitation fine for a Finns Party Member of Parliament (MP), while parliament declined to remove the immunity from prosecution of another Finns Party MP who was being investigated for ethnic agitation concerning comments he made during a parliamentary session that equated Muslim asylum seekers with invasive species. In August, police completed their investigation into anti-Semitic comments made by an MP from the Social Democratic Party (SDP). In August, the Ministry of Interior created a working group dedicated to improving security at religious sites, including synagogues and mosques. In January, a municipal councilor in Polvijarvi from the SDP resigned after posting comments to Facebook questioning whether the Holocaust occurred. In February, the Oulu District Court fined an Oulu city councilor for two counts of ethnic agitation for posting videos online depicting Muslims and other immigrants as being inferior to other human beings.
Police reported 133 hate crimes involving members of religious groups in 2019, the most recent statistics available, compared with 155 such incidents in 2018, but did not specify how many were motivated solely by religion. The nondiscrimination ombudsman’s office received 37 complaints of religious discrimination in 2019, compared with 35 in 2018. The NRM continued to post anti-Muslim and anti-Semitic statements online and acted to circumvent the ban of the organization by continuing activities as part of Towards Freedom. There were several demonstrations by neo-Nazi or nativist groups. Towards Freedom burned an Israeli flag during a rally in Tampere on January 27, which coincided with International Holocaust Remembrance Day. Also in late January, vandals targeted the Israeli embassy and Jewish property, including the Helsinki and Turku synagogues. Nongovernmental organizations (NGOs) working with migrants, including the Finnish Refugee Advice Centre, continued to raise concerns about the ability of religious minorities housed in migrant reception centers to worship without harassment from other migrants housed within the same center. Muslim groups reported a shortage of funds needed to establish houses of worship to match their growing population.
U.S. embassy staff engaged with government ministries to discuss government support for religious freedom and interfaith dialogue, the government’s response to anti-Semitic incidents, and the treatment of Jehovah’s Witnesses and Ahmadis seeking asylum. Embassy staff met with the Jewish and Muslim communities to discuss their shared concerns about the impact of government guidelines discouraging male circumcision, and addressed religiously motivated crimes and continuing problems involved in establishing a sufficient number of mosques for the Muslim population. Embassy staff also discussed the state of religious freedom with these communities, other religious minority groups, and interfaith networks.
Section I. Religious Demography
The U.S. government estimates the total population at 5.6 million (midyear 2020 estimate). According to Finnish government statistics from December 2019, which count only registered members of registered congregations, 68.7 percent of the population belongs to the Evangelical Lutheran Church of Finland (ELC) and 1.1 percent to the Finnish Orthodox Church, while 0.3 percent (approximately 17,000 individuals) have official membership in Islamic congregations, and 28.5 percent do not identify as belonging to any religious group. The census combines other minority religious communities, including Jehovah’s Witnesses, Roman Catholics, Pentecostals, Seventh-day Adventists, members of The Church of Jesus Christ of Latter-day Saints, Jews, and members of the Free Church of Finland, which together account for 1.4 percent of the population.
Multiple sources indicate the Muslim population has grown rapidly in recent years because of a significant inflow of immigrants. Muslim religious leaders estimate the number of Muslims rose to 100,000 in 2018 (most recent data available), of which approximately 80 percent is Sunni and 20 percent Shia. In 2017, the Pew Research Center estimated 2.7 percent of the population, or approximately 150,000 persons, were Muslim. According to a survey by the Ministry of Education and Culture (MEC), the Muslim population numbered approximately 65,000 in 2016. According to the Islamic Society of Finland, discrepancies among these sources and between them and official government statistics may occur because only a minority of Muslims register with registered Islamic societies. Apart from Tatars, who emigrated in the late 19th and early 20th centuries as well as during the Soviet Union period, most Muslims are immigrants or descendants of immigrants who arrived in recent decades from Somalia, North Africa, Iraq, Afghanistan, the Balkans, Syria, Turkey, and Iran.
In a report released in October, the Institute of Jewish Policy Research estimated the Jewish population at 1,300.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution bars discrimination based on religion “without an acceptable reason.” It stipulates freedom of religion and conscience, including the right to profess and practice a religion, to express one’s convictions, and to be a member or decline to be a member of a religious community. It states no one is under the obligation to participate in the practice of a religion. The law criminalizes the “breach of the sanctity of religion,” which includes “blaspheming against God,” publicly defaming or desecrating to offend something a religious community holds sacred, and disturbing worship or funeral ceremonies. Violators are subject to fines or imprisonment of up to six months. Authorities have occasionally applied the law, most recently in 2019. The constitution cites the ELC, the only religious group it mentions, stating that “provisions on the organization and administration [of the ELC] are laid down in the Church Act.”
The law prohibits religious discrimination and establishes the position of a nondiscrimination ombudsman responsible for supervising compliance with the law, investigating individual cases of discrimination, and having the power to issue fines in noncriminal cases. The ombudsman advocates on behalf of victims, offers counseling, promotes conciliation, and lobbies for legislation, among other duties and authorities. The ombudsman may also refer cases to the National Non-Discrimination and Equality Tribunal (NDET), which also enforces fines issued by the ombudsman and assists plaintiffs seeking compensation in court. Individuals alleging discrimination may alternatively pursue legal action through the NDET, which may issue binding decisions that may be appealed to the courts or through the district court system. Litigants may appeal the decisions of the NDET and the district courts to the higher Administrative Court. Neither the ombudsman nor the NDET has the authority to investigate individual cases of religious discrimination involving employment. Such cases fall under the purview of the Occupational Safety and Health Authority.
Individuals and groups may exist, associate, and practice their religion without registering with the government. To be eligible to apply for government funds, however, religious groups must register with the Patent and Registration Office as a religious community. To register as a religious community, a group must have at least 20 members, the public practice of religion as its purpose, and a set of rules to guide its activities. A registered religious community is a legal entity that may employ persons, purchase property, and make legal claims. A religious group may also acquire legal status by registering as an association with a nonprofit purpose that is not contrary to law or proper behavior. Registered religious groups and nonprofit associations are generally exempt from taxes. According to the MEC, as of 2019 there were approximately 142 registered religious communities, most of which had multiple congregations. Persons may belong to more than one religious community.
All citizens who belong to either the ELC or Finnish Orthodox Church pay a church tax, collected together with their income tax payments. Congregations collectively decide the church tax amount, currently set at between 1 to 2 percent of a member’s income. Those who do not want to pay the tax must terminate their ELC or Orthodox congregation membership. Members may terminate their membership by contacting the official congregation or the local government registration office, either electronically or in person. Local parishes have fiscal autonomy to decide how to use funding received from taxes levied on their members.
Registered religious communities other than the ELC and Finnish Orthodox Church are eligible to apply for state funds in lieu of the church tax. In addition to receiving the church tax, the ELC and Finnish Orthodox Church may also apply for state funds. The law states registered religious communities that meet the statutory requirements, including ELC and Orthodox congregations, may apply to receive an annual subsidy from the government budget in proportion to the religious community’s percentage of the population.
The law requires the ELC to maintain public cemeteries using its general allocation from state funds and church taxes and to account for monies used for this purpose. Other religious communities and nonreligious foundations may maintain their own cemeteries. All registered religious communities may own and manage property and hire staff, including appointing clergy. The law authorizes the ELC and Finnish Orthodox Church to register births, marriages, and deaths for their members in collaboration with the government Digital and Population Data Services Agency. State registrars do this for other persons.
Parents may determine their child’s religious affiliation if the child is younger than 12. The religious affiliation of children between the ages of 12 and 17 may only be changed by a joint decision of the child and his or her parents or guardian, and the family must pursue specific administrative procedures with their religious community and the local population registration officials to change or terminate the religious affiliation.
All public schools provide religious teaching in accordance with students’ religion. All students must take courses either in religious studies or ethics, with the choice left up to the student. Schools must provide religious instruction in religions other than the Lutheran faith if there is a minimum of three pupils representing that faith in the municipal region, the religious community in question is registered, and the students’ families belong to the religious community. Municipalities may arrange for students from different schools to take a combined course to meet this requirement. Students who do not belong to a religious group or belong to a religious group for which special instruction is not available may study ethics. Students aged 18 or older may choose to study either the religious courses pertaining to their religion or the ethics courses. If a student belongs to more than one religious community, the parents decide in which religious education course the student participates. The national and municipal governments fund private, including religiously based, schools. Despite the name, private schools are in fact completely financially dependent on government funding, in order to ensure equitable education nationwide. With the exception of international and foreign-language schools, by law private schools may not charge tuition. They do not practice selective admission based on students’ religion.
Religious education focuses on familiarizing students with their own religion, other religions, and on general instruction in ethics. Teachers of religion must have state-mandated training for religious instruction. The state appoints them, and they are not required to belong to any religious community. The National Board of Education provides a series of textbooks about Orthodox and Lutheran Christianity, Catholicism, Judaism, and Islam, as well as a textbook on secular ethics.
By law, conscientious objectors, including those who object on religious grounds, may choose alternative civilian service instead of compulsory military service. Conscientious objectors who refuse both military and alternative civilian service may be sentenced to prison terms of up to 173 days, one-half of the 347 days of alternative civilian service. Regular military service ranges between 165 and 347 days.
The law requires that animals be stunned prior to slaughter or be stunned and killed simultaneously if done pursuant to religious practice. On December 17, the European Union Court of Justice ruled EU member states may impose a requirement that animals be stunned prior to slaughter and that such a requirement does not infringe on the rights of religious groups.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
On September 22, the Supreme Court upheld a ban on the neo-Nazi Nordic Resistance Movement (NRM). The organization was originally banned in 2017 by the Pirkenmaa District Court, but the Supreme Court, while keeping the ban in place, granted the organization the right to appeal the decision in 2019. According to the September ruling, NRM’s activities violated or sought to violate fundamental and human rights protected by the constitution and international human rights treaties. In addition, the Supreme Court found that some of the group’s activities violated the criminal code. Police continued to implement the 2017 ban of the NRM, but the organization continued to demonstrate in public and maintain a website, despite the Supreme Court’s order that it refrain from all activities. The National Bureau of Investigation concluded an investigation in April that found that nine members of the NRM continued to operate the group under the name Towards Freedom. On its website, Towards Freedom publicized events it held in multiple cities. At these events, individuals gave out flyers and stickers advertising the organization, and recruited new members.
As of December, parliament had not voted on an amendment to the Church Act, which governs the practices of the ELC. Parliament took up the bill in 2018 after the General Synod of the ELC approved it but did not enact the bill that year. The amended Church Act has the stated intent of clarifying and facilitating administration, enhancing church autonomy, and facilitating internal decision-making in the ELC. The amended act would clarify the ELC’s decision-making procedures. The Constitutional Law Committee argued that these details should not be addressed in the Church Act but rather in the Church Order, which is enacted by the ELC alone without parliament’s approval.
According to a representative of the National Forum for Cooperation of Religions (CORE Forum), an interfaith group, the Ministry of Interior created a working group in August dedicated to improving security at religious sites. According to the ministry’s website, the goal of the working group was to gather information on security threats directed at religious communities, especially Jewish synagogues and Muslim prayer rooms or mosques, and to propose suggestions for how safety could be enhanced through training and other measures.
According to the Secretary General of the Finnish Association of Museums, Kimmo Leva, the COVID-19 pandemic disrupted plans to prepare a formal study of the state of research on the provenance of Holocaust-era art in museum collections, as recommended by the MEC in June, 2019. According to the MEC, the study was intended to address the lack of such research in order to better meet the requirements for the implementation of the Terezin Declaration on restitution of assets seized during the Holocaust. Leva said a national project to research all insufficient provenance information would be too large scale to conduct under restrictions caused by the coronavirus pandemic. He suggested the Finnish Association of Museums might crowdsource the research, following the example of the Finnish National Gallery, which, prior to the pandemic, had published a list online of all its art lacking sufficient provenance from the period 1933-1945. Leva said the MEC supported the strategy.
According to Yle News, in July, the Ministry of the Interior postponed due to the COVID-19 pandemic an investigation into whether religious symbols, including headscarves, could be worn as part of police uniforms. The ministry was considering how the regulation on police uniforms could be amended. Minister of the Interior Maria Ohisalo said she would consider the results of the investigation when completed, then decide whether to launch a legislative reform proposal. The nondiscrimination ombudsman said current police uniform regulations ran counter to religious freedom and equality. According to the Yle News article, police were reluctant to alter the uniform. Ohisalo said the Ministry of Interior considered permitting religious symbols on police uniforms to be a means of integrating immigrants into society and giving them an equal chance to become police officers.
Ministry of Social Affairs and Health (MSAH) guidelines discouraged circumcision of males and continued to withhold public healthcare funding for such procedures. In its guidelines, which were recommendations rather than requirements per prior Supreme Court rulings, the ministry stated only licensed physicians should perform nonmedical circumcision of boys, a child’s guardians should be informed of the risks and irreversibility of the procedure, and it should not be carried out on boys old enough to understand the procedure without their consent. Members of the Muslim and Jewish communities continued to express disagreement with the guidelines. The ombudsman for children in the Ministry of Justice did not renew her 2018 request to the MSAH asking it to establish legally binding regulations on nonmedical circumcision.
Members of the opposition National Coalition Party (NCP) serving on parliament’s Legal Affairs Committee called on the government to enact laws regarding nonmedical male circumcision. Parliamentarian Pihla Keto-Huovinen said that the nonmedical circumcision of boys could be problematic in terms of other existing domestic laws and international agreements, including the International Convention on the Rights of the Child, and that the fundamental rights of a child must not be violated by invoking the freedom of religion and conscience of another person. The call to revisit the legal status of nonmedical male circumcision was prompted by a separate citizen’s initiative in 2019 calling for legislation banning female genital mutilation, though the citizen’s initiative did not include the nonmedical circumcision of boys.
According to representatives from the Jehovah’s Witnesses, the number of Russian-origin members of Jehovah’s Witnesses applying for asylum based on stated religious persecution declined significantly compared to previous years. The Finnish Immigration Service (FIS) rejected most of the claims by members of Jehovah’s Witnesses, and confirmed that asylum adjudicators did not consider membership in the Church alone to be sufficient basis for an asylum claim. More than 50 cases of Jehovah’s Witnesses asylum applicants were pending before the Supreme Administrative Court at year’s end. Authorities stated the government planned to deport applicants whose appeals were denied, and some Russian Jehovah’s Witnesses whose asylum claims were rejected returned to Russia voluntarily.
According to representatives of the Ahmadiyya Muslim Jamaat Finland, the FIS continued to deny most asylum applications for Ahmadi Muslims from Pakistan. The representatives said the FIS only considered “prominent persons” in the Ahmadi community to be in danger, while other Ahmadis should be able to move to safer areas of Pakistan instead of seeking asylum. The representatives said that when deportation orders were appealed, authorities requested proof that the individuals in question were in danger instead of considering the systematic persecution Ahmadis faced in Pakistan. The representatives said the group had requested to meet with the Ministry of Interior to discuss the challenges the community faced, but the ministry declined.
According to a senior military officer, the military continued to maintain a zero-tolerance policy regarding hate speech and hate crimes, including religiously motivated incidents. Unit commanders initiated investigations of reported incidents. If a commander judged the infraction to be minor, he or she administered a formal reprimand or other punishment. For more serious offenses, the commander reported the investigation up the chain of command, and military authorities might refer the case to civilian courts. The officer also said the military accommodated, per regulation, religious dietary needs and fasting requirements, and granted religious leave and prayer time to all personnel. The officer said that these procedures were maintained during the COVID-19 pandemic and that recruits still had access to military chaplains while pandemic protocols were in place.
According to the newspaper Helsingin Sanomat, in July, the Rovaniemi Court of Appeal upheld Finns Party MP Sebastian Tynkkynen’s fine for ethnic agitation in connection with his 2016 Facebook post on Islam and terrorism. In the post, Tynkkynen had said immigrants moved to the same areas where people were being radicalized. He blamed terrorist attacks in Europe on multiculturalism. He wrote, “The fewer Islamic envoys in Finland, the better. The fewer Muslims we have, the safer.” Tynkkynen denied having committed a crime and said his trial was politically motivated. The prosecutor in the case stated that Tynkkynen must have known his Facebook post was racist in nature and constituted defamatory hate speech directed at Muslims. In 2017, Tynkkynen was additionally convicted of ethnic agitation and the separate crime of breaching the sanctity of religion for other Facebook comments he posted in 2016. A third case for ethnic agitation was also pending at year’s end that involved anti-Muslim Facebook posts Tynkkynen wrote in 2017. Oulu police referred that case to the district prosecutor for consideration of charges.
According to the Helsinki Times, in July, 121 members of parliament voted in favor of and 54 members voted against lifting immunity from prosecution for Finns Party MP Juha Maenpaa. This was short of the five-sixths majority (167 votes) required to revoke immunity and thereby made it impossible for the prosecutor general to bring charges against Maenpaa for ethnic agitation or disturbance of religious peace. During a June 2019 session of parliament, Maenpaa had equated asylum seekers from Muslim majority countries with alien or invasive species. Prosecutor Raija Toiviainen said she was disappointed with the result. “It gives the impression that a minority voted to express its acceptance of racist hate speech.” Centre Party MP Mikko Karna, who voted against lifting Maenpaa’s immunity, wrote on Twitter, “Maenpaa used reprehensible and repulsive language in the Chamber, but in democracy, MPs cannot be brought to justice for speeches in the Chamber. The reprimands of the Speakers’ Council must suffice.”
According to Yle News, in February, the Oulu District Court fined Oulu city councilor Junes Lokka for two counts of ethnic agitation. The court found that Lokka had posted online videos in 2016 depicting Muslims and other immigrants as being inferior to other human beings. According to the prosecutor, the speaker in one of the videos called immigrants and Muslims “worthless” and “sick” and stated that they should not even exist. One video showed a demonstration in Helsinki featuring anti-immigrant and anti-Muslim speech. The court ruled the videos violated laws on human dignity and religious freedom.
According to Yle News, in August, Helsinki police completed their investigation of SDP MP Hussein al-Taee for alleged anti-Semitic Facebook posts from 2011-2012, before he was elected to parliament, and referred the case to the prosecutor. The investigation began in August 2019, when existence of the posts was reported in media and police determined the prosecutor’s ability to act had not expired because the posts were still in circulation. At a press conference in September, 2019, al-Taee apologized to Jewish and Sunni Muslim communities for the posts and did not contest the police findings that his posts promoted ethnic agitation. Al-Taee had also in 2014, and possibly as late as 2016, made anti-Semitic comments online, including comparing Israel to ISIS. During that time, he was a private citizen. By the end of 2020, neither the Social Democratic Party nor parliament had taken any disciplinary action against al-Taee in light of the police findings.
According to the newspaper Iltalehti, in January, Pauliina Kuhlmann (SDP), a municipal councilor of Polvijarvi in North Karelia, questioned in a Facebook post whether the Holocaust had occurred. Kuhlmann posted that the estimate of six million deaths was “about 25 times the upper limit” of actual deaths, and referred to the Auschwitz-Birkenau concentration camp website as “false propaganda” and Israel’s Yad Vashem Holocaust Museum as a “propaganda museum.” Other members of the municipal council denounced Kuhlmann’s post and in January she was expelled from the council. Kuhlmann resigned from the SDP in January and formally tendered her resignation from the council on January 31, which was accepted at the council’s next meeting on June 15. As of year’s end, there was no pending police investigation.
On February 20, the Helsinki Times reported Helsinki police questioned Christian Democrat MP Paivi Rasenen, a former Minister of Interior, for possible incitement to hatred on the basis of sexuality in connection with a booklet she published in 2004. According to the Helsinki Times article, the booklet, titled “Male and Female He Created Them – Homosexual Relationships Challenge the Christian Concept of Humanity,” argued that LGBTI relationships were incompatible with the Christian faith. Incitement to hatred on the basis of sexuality was outlawed in 1995. In June, 2019, Rasenen responded to news that the ELC was partnering with the Helsinki Pride Festival by posting a Bible passage coupled with the caption, “How can the church’s doctrinal foundation, the Bible, be compatible with the lifting up of shame and sin as a subject of pride?” At year’s end, the prosecutor was considering whether to bring charges in both cases.
The government allocated 115.6 million euros ($141.84 million) to the ELC, compared with 114 million euros ($139.88 million) in 2019, and 2.58 million euros ($3.17 million) to the Finnish Orthodox Church, compared with 2.54 million euros ($3.12 million) in 2019. The MEC allotted a total of 824,000 euros ($1.01 million) to all other registered religious organizations, an increase of 300,000 euros ($368,000) over 2019. The entire increase went to the Helsinki Jewish Congregation to continue its investments in security at facilities and events following anti-Semitic incidents. This was the second consecutive year the government provided this level of funding to this congregation for improving security; similar funding levels were included in the government’s fiscal plan for the next three years. According to the parliament’s Finance Committee, “The threats have not diminished, but increased anti-Semitism in many countries is also affecting the Finnish Jewish community.” In June, the government allocated an additional 4.5 million euros ($5.52 million) to the ELC and the Finnish Orthodox Church to support their work in helping local communities during the pandemic.
The MEC awarded a total of 110,000 euros ($135,000) to promote interfaith dialogue, an increase of 30,000 euros ($36,800) over 2019. Three organizations split the funding: the CORE Forum, composed of representatives from the largest religious denominations; Fokus, an interfaith and intercultural organization; and Ad Astra, an organization promoting dialogue, interfaith projects, and inclusivity for children in schools, preschools, and daycare facilities.
The government is a member of the International Holocaust Remembrance Alliance.
Section III. Status of Societal Respect for Religious Freedom
Despite the ban against it, the self-described neo-Nazi NRM continued to operate a website, made statements promoting discrimination or violence against Jews and Muslims, and participated in demonstrations, according to press reports. According to authorities, members of the NRM began operating as part of the Towards Freedom group, considered to be the NRM’s successor by the National Bureau of Investigation.
Media reported Towards Freedom burned an Israeli flag during a rally in Tampere on January 27, meant to coincide with International Holocaust Remembrance Day, and said on its website that it carried out the burning. Officers of the Central Finland Police Department were present at the rally and spoke to those burning the flag, but they made no arrests. A spokesperson for the department said only the burning of the national flag (and not another nation’s flag) is a criminal offense. Police subsequently announced they were investigating the flag burning as a case of illegal ethnic agitation. Media reported that on the same day, the front door, steps, and walls of Turku Synagogue were defaced with red paint. Police were investigating the incident as a property damage case but had made no arrests as of year’s end. President Sauli Niinisto and other government officials denounced both incidents in official statements.
According to the newspaper Ilta Sanomat, on January 31, vandals defaced the building housing the Embassy of Israel with NRM stickers. The same night, unknown individuals placed similar stickers on Helsinki Synagogue. Israeli Ambassador Dov Segev-Steinberg told media that similar incidents had occurred numerous times in the last two years and that stickers were just one example of the vandalism and intimidation the embassy and Jews living in the country faced. Following the two incidents of vandalism, representatives of the Jewish community reported feeling threatened and specifically targeted due to their beliefs.
According to Yle News, in April, unknown individuals vandalized a Jewish cemetery in Hamina by knocking over a tombstone and painting a white swastika on another. The more than 200-year-old cemetery was no longer in use. The mayor of Hamina, Hannu Muhonen, denounced the vandalism, and the Helsinki Jewish Congregation filed a criminal report concerning the incident. The police confirmed the matter was under investigation but said no perpetrators had been identified. Yaron Nadbornik, head of the Central Council of Jewish Communities in Finland, stated vandalism of Jewish cemeteries was uncommon, but said neo-Nazi leaflets had been distributed to mailboxes of nearby Hamina residents at the time of the incident. A pastor of the Hamina Orthodox Parish also reported seeing a leaflet advertising the neo-Nazi group Towards Freedom.
According to media reports, on August 16, the anti-immigrant National Alliance again organized a memorial march in Turku to commemorate the victims of a 2017 stabbing by a Moroccan asylum speaker. Approximately 300 persons joined the demonstration, holding banners that read, “White lives matter.” On the same day, the group Turku Without Nazis held a counterdemonstration. The website Freigner.fi showed a picture of one counter protester holding a sign reading, “No Nazis on our streets.”
NGOs working with migrants, including the Finnish Refugee Advice Centre, continued to raise concerns about the ability of religious minorities housed in migrant reception centers to worship without harassment from other migrants housed within the same center. A representative of the center said converts to Christianity in migrant reception facilities often experienced harassment, including social exclusion, threats, and blackmail.
A representative of the Core Forum said that in June or July, a mosque in Jarvenpaa was defaced with stickers promoting the NRM.
A representative of the Core Forum said that Muslim groups, including the Islamic Congregation of Finland, continued to seek adequate houses of worship that could accommodate their growing population, but that they were hindered by insufficient funds from purchasing property, given that most Muslims did not belong to congregations registered with the government and did not choose to register. Except for a handful of purpose-built mosques, most mosques were located in converted commercial spaces. A representative of the Core Forum said on September 15 that this problem was driven by many Muslim congregations being too small to be able to raise the resources necessary to fund property purchases or construction.
Representatives of the Ahmadiyya Muslim Jamaat Finland said other Muslim congregations continued to block the group’s formal membership in interfaith organizations. A representative of the Core Forum said this was possibly because many Muslim groups did not consider Ahmadis to be “true Muslims.” Representatives of the Ahmadiyya Muslim Jamaat Finland said the group planned to create a mosque and cultural center in the future and that although the mosque would be built solely with funds from the Ahmadi community, it would be open to all religious and nonreligious individuals.
The nondiscrimination ombudsman’s office reported receiving 37 complaints of religious discrimination in 2019 – 4 percent of total discrimination complaints – compared with 35 complaints in 2018. In one example the report cited, a swimming hall prevented women and girls dressed in burkinis from swimming. The ombudsman recommended that swimming halls allow the wearing of burkinis.
Research by theologian Esko Kahkonen published in January by the Diakonia University of Applied Sciences indicated most religiously motivated hate crimes targeting Muslims were committed by Muslims from groups he said were more extreme. Individuals he termed “liberal Muslims,” or Muslims from minority schools of Islam, were the most common victims, as well as individuals who had converted from Islam to Christianity. According to Kahkonen’s research, which covered the period 2015-2016, only 8 percent of cases during that time were incidents in which non-Muslims targeted Muslims. Jenita Rauta, a researcher from the National Police Academy, said that the 2015-2016 data included many instances of hate crimes between Sunni and Shia Muslims and that an increase in the number of asylum seekers who were placed in reception centers without extensive background checks – intended to identify individuals with a history violent or illegal behavior – drove the phenomenon. Rauta said that more recent National Police Academy data from 2017-2018 showed a larger proportion of hate crimes targeting individuals who converted from Islam to Christianity.
The website Magneettimedia continued to post anti-Semitic content. In September, it published an article stating, “Harmful immigration to Europe is not the fault of the Islamic religion or Muslims, but is the fault of international Zionists and their global henchmen,” and, “Israel and the related Khazar-mafia have taken as their objective causing confrontation between the Christian world and the Islamic world.” Major companies and consumer brands continued to boycott the department store chain owned by the former owner of Magneettimedia, Juha Karkkainen, due to his anti-Semitic views.
Because of the COVID-19 pandemic, representatives of religious groups participated in virtual events hosted by other religious groups. Finn Church Aid (FCA), associated with the ELC, again hosted an interfaith iftar, bringing together virtually representatives from the major religious groups, the Ministry of Foreign Affairs, and municipal governments.
Section IV. U.S. Government Policy and Engagement
Throughout the year, embassy staff engaged with officials from the Ministries of Justice, Interior, and Foreign Affairs to discuss religious intolerance, the promotion of interfaith dialogue, and the treatment of Jehovah’s Witnesses in asylum adjudications. The embassy engaged with the police following several anti-Semitic incidents in January and encouraged the government to identify and prosecute those responsible. The Ambassador met with the Israeli Ambassador on several occasions to discuss these incidents and raised the concerns of the Israeli embassy with government officials and in media. The Ambassador also hosted a virtual board meeting of the Core Forum on November 17 to discuss the government’s response to COVID-19 and the ongoing parliamentary debate on nonmedical male circumcision.
Embassy staff engaged with Christian, Jewish, and Muslim clergy, lay activists from these communities, the Finnish Ecumenical Council, Jehovah’s Witnesses, and other minority religious groups to discuss the state of religious freedom in the country. Embassy staff and members of the Jewish and Muslim communities discussed these communities’ shared concerns about the impact of the government guidelines discouraging male circumcision, religiously motivated crimes, and problems establishing a sufficient number of mosques for the Muslim population. Embassy staff also discussed anti-Muslim discrimination with representatives from different Muslim congregations and met regularly with NGOs such as the Core Forum and FCA. Embassy staff continued to engage with representatives of Jehovah’s Witnesses concerning the high rate of application denials for Jehovah’s Witnesses from Russia seeking asylum on grounds of religious persecution. Embassy staff met with representatives of the Ahmadi Muslim community, who expressed concerns over the high rate of denials of asylum applications for Ahmadis from Pakistan. Embassy staff also engaged with the Uyghur Muslim community.
A senior embassy official hosted the administrative head of the Jewish Community of Helsinki at an event intended to introduce the head to senior representatives from other foreign missions in the country to amplify the challenges of anti-Semitism in Finland.
France
Executive Summary
The constitution and the law protect the right of individuals to choose, change, and practice religion. On October 2, President Emmanuel Macron unveiled a broad set of policies to combat “Islamist separatism,” which he described as a “methodical organization” to create a “countersociety” in which Islamists impose their own rules and laws on isolated communities, and defend state secularism against radical Islam. Among the measures in a draft law to be taken up by parliament, which Macron said were directed against radical Islamists that undermined French values rather than at Muslims broadly, were ending foreign financing of imams and abolishing unaccredited schools. On November 2, Interior Minister Gerald Darmanin announced the government had closed 43 mosques for extremism since May 2017. Catholic Church officials criticized government COVID-19 restrictions that, they said, inordinately affected religious groups. In May, the country’s highest administrative court ordered an end to the ban on religious gatherings, calling freedom of worship a fundamental right. In November, the same court denied an appeal by Catholic bishops to overturn a new government prohibition on masses after a new wave of COVID infections. In June, the Constitutional Council invalidated core provisions of a law against online hate speech that parliament had enacted in May as part of the government’s plan to combat racism and anti-Semitism. In June, the European Court of Human Rights ruled the government had violated the free speech rights of Palestinian activists advocating for the Boycott, Divestment, and Sanctions (BDS) movement against Israel. In January, demonstrators in Paris protested a 2019 court ruling that the killer of a Jewish woman, Sarah Halimi, in 2017 was not criminally responsible. Jewish groups protested the Paris prosecutor’s decision not to charge a man with anti-Semitism after he painted swastikas on a landmark Paris street. President Macron and other government officials condemned anti-Semitic, anti-Muslim, and anti-Christian acts, and the government continued to deploy security forces to protect religious and other sensitive sites.
There were instances of religiously motivated crimes and other abuses, including killings, attempted killings, assaults, threats, hate speech, discrimination, and vandalism. On October 29, a Tunisian man killed three Christian worshippers in a church in Nice. In October, a teenage Chechen Muslim refugee beheaded teacher Samuel Paty after he showed his class cartoons of the Prophet Muhammad in a discussion on freedom of expression. In September, a Pakistani man stabbed two persons outside the former offices of the Charlie Hebdo magazine, shortly after the magazine had republished cartoons of the Prophet Muhammad. Although 2020 statistics on anti-Christian incidents were not yet available, most incidents involved vandalism or arson of churches and cemeteries. The French Council of the Muslim Faith (CFCM) reported 235 incidents targeting Muslims, compared with 154 in 2019. The Jewish Community Protection Service (SPCJ) reported 339 anti-Semitic incidents – a decrease of 50 percent compared with the 687 in 2019 – including a violent assault on a Jewish man and desecration of Jewish cemeteries. In October, authorities charged two women with assault and racist slurs for stabbing two women wearing Islamic headscarves. A January survey for the American Jewish Committee (AJC) found 70 percent of Jewish respondents said they had been the targets of at least one anti-Semitic incident in their lifetimes. In the same survey, 47 percent of Jewish and non-Jewish respondents (and two-thirds of Jews) said the level of anti-Semitism in the country was high.
The U.S. embassy, consulates general, and American presence posts (APPs) discussed religious tolerance, anti-Semitic and anti-Muslim acts, the role of religious freedom in combating violent extremism, and cooperation on these issues with officials at the Ministries of Interior and Foreign Affairs and the Interministerial Delegation to Fight Against Racism, Anti-Semitism and Anti-LGBT Hate (DILCRAH). The Ambassador designated combating anti-Semitism as one of four key “pillars” of enhanced embassy outreach. The Ambassador and embassy, consulate, and APP officials met regularly with religious communities and their leaders throughout the country to discuss religious freedom concerns and encourage interfaith cooperation and tolerance. The embassy sponsored projects and events to combat religious discrimination and religiously motivated hate crimes, such as projects bringing together youth of different faiths and roundtable events with religious leaders, and regularly used social media to convey messages highlighting issues pertaining to religious freedom.
Section I. Religious Demography
The U.S. government estimates the total population at 67.8 million (midyear 2020 estimate).
Because the government does not collect religious or ethnic data on the population, there is no official count of the numbers of persons belonging to different religious groups. A report released in January by the Observatory for Secularism, a government-appointed commission, based on a poll conducted in cooperation with polling company Viavoice, presented estimated figures of persons who identify as part of a religion or feel tied to a religion. According to the report, whose figures are consistent with other estimates, 47 percent of respondents identify as Catholic, 3 percent Muslim, 3 percent Protestant, 2 percent Buddhist, 1 percent Jewish, 1 percent Christian Orthodox, and 1 percent other religious groups; 34 percent said they have no religious affiliation and 8 percent preferred not to respond. The observatory’s 2019 report estimated there are 140-150 thousand Jehovah’s Witnesses and 150-300 thousand Hindus. In a separate question about religious belief, 35 percent said they are believers, 29 percent nonbelievers or atheist, 17 percent agnostic, and 12 percent indifferent. Most observers, including the observatory in its 2019 report, estimate the number of Muslims in the country at three to five million.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution defines the country as a secular republic and states it “shall ensure the equality of all citizens before the law,” regardless of religion, and shall respect all beliefs. The law provides for the separation of religion and state and guarantees the free exercise of religious worship except to maintain public order.
The law, as well as international and European covenants to which the country adheres, protects the freedom of individuals to choose, change, and practice their religion. Interference with freedom of religion is subject to criminal penalties, including a fine of 1,500 euros ($1,800) and imprisonment for one month. Individuals who are defendants in a trial may challenge the constitutionality of any law they say impedes their freedom of religion.
Laws increase the penalties for acts of violence or defamation when they are committed because of the victim’s actual or perceived membership or nonmembership in a given religious group. Additional penalties beyond those for the underlying crime for acts of violence that courts determine are religiously motivated are three to five years’ imprisonment and fines of 45,000 to 75,000 euros ($55,200-$92,000), depending on the severity of the victims’ injuries. For religiously motivated acts of public defamation, defined as an allegation of fact that affects the honor of a person or body, the penalties are one year’s imprisonment and/or a fine of 45,000 euros ($55,200). The government may expel noncitizens for inciting discrimination, hatred, or violence against a specific person or group of persons based on religion.
Although the law does not require it, religious groups may apply for official recognition and tax-exempt status. Religious groups may register under two categories: associations of worship, which are exempt from taxes; and cultural associations, which normally are not exempt. Associations in either category are subject to fiscal oversight by the state. An association of worship may organize only religious activities. Although not tax-exempt, a cultural association may engage in for-profit as well as nonprofit activity and receive government subsidies for its cultural and educational operations. Religious groups normally register under both categories. For example, Catholics perform religious activities through their associations of worship and operate schools through their cultural associations.
Religious groups must apply at the local prefecture (the administrative body representing the central government in each department) for recognition as an association of worship and tax-exempt status. In order to qualify as an association of worship, the group’s sole purpose must be the practice of religion, which may include liturgical services and practices, religious training, and the construction of buildings serving the religious group. The association must also engage in public worship and respect public order. Among excluded activities are those that are purely cultural, social, or humanitarian in nature. To apply for tax-exempt status, the association must provide to the prefecture its estimated budget for the year, annual accounts for the previous three years or since the association’s creation, whichever is shorter, a written justification of eligibility for the status, and the number of members of the association. In Paris, the association must have a minimum of 25 members. Once granted, the association may use the tax-exempt status nationwide. The government does not tax associations of worship on donations they receive. If the prefecture determines an association is not in conformity with its tax-exempt status, however, the government may change that status and require the association to pay taxes at a rate of 60 percent on past, as well as future, donations until it regains tax-exempt status. According to the Ministry of Interior, 109 Protestant, 100 Catholic, 50 Jehovah’s Witness, 30 Muslim, and 15 Jewish associations have tax-exempt status. The number of cultural associations, many of which are not associated with religious groups, is in the thousands and changes frequently. Cultural associations may be declared using an online form through the government’s public administration website. Cultural associations, even if associated with religious groups, may operate without applying for government recognition. Under the law, the Church of Scientology has the status of a secular and not a religious association. Parliamentary reports (most recently in 1996) have labelled Scientology as a “cult,” and multiple Scientology officials have been convicted of crimes in the country.
The law states, “Detained persons have the right to freedom of opinion, conscience, and religion. They may practice the religion of their choice…without other limits than those imposed by the security needs and good order of the institution.”
Counterterrorism legislation grants prefects in each department the authority to close a place of worship for a maximum of six months if they find that comments, writings, or activities in the place of worship “provoke violence, hatred or discrimination or the commission of acts of terrorism or praise such acts of terrorism.” The management of the place of worship has 48 hours to appeal the closure decision to an administrative court. A place of worship that has been closed may remain closed beyond the six-month maximum if it does not replace its chief cleric and/or management. Noncompliance with a closure decision carries a six-month prison sentence and a fine of 7,500 euros ($9,200). On December 17, parliament voted for the extension of the legislation until the end of July 2021.
The law prohibits covering one’s face in public places, including public transportation, government buildings, and other public spaces, such as restaurants and movie theaters. If police encounter a person in a public space wearing a face covering such as a mask or burqa, they are legally required to ask the individual to remove it to verify the individual’s identity. According to the law, police officials may not remove it themselves. If an individual refuses to remove the garment, police may take the person to the local police station to verify his or her identity. Police may not question or hold an individual for more than four hours. Refusing a police instruction to remove a face-covering garment carries a maximum fine of 150 euros ($180) or attendance at a citizenship course. Individuals who coerce another person to cover his or her face on account of gender by threat, violence, force, or abuse of power or authority are subject to a fine of up to 30,000 euros ($36,800) and may receive a sentence of up to one year in prison. The fine and sentence are doubled if the person coerced is a minor.
The law prohibits agents of the administration, public services, and companies or associations carrying out public services from demonstrating their religion through visible signs of religious affiliation, such as the Islamic headscarf, Jewish skullcap, Sikh turban, or Christian cross. The prohibition applies during working hours and at the place of employment.
By law, the government may not directly finance religious groups to build new places of worship. The government may, however, provide loan guarantees or lease property to groups at advantageous rates. The law also exempts places of worship from property taxes. The state owns and is responsible for the upkeep of most places of worship, primarily Catholic, built before 1905. The government may fund cultural associations with a religious connection.
The law separating religion and state does not apply in three classes of territories. Because Alsace-Lorraine (currently comprising the departments of Haut-Rhin, Bas-Rhin, and la Moselle and known as Alsace-Moselle) was part of Germany when the law was enacted, Catholics, Lutherans, Calvinists, and Jews there may choose to allocate a portion of their income tax to their religious group. Pastors, priests, and rabbis of these four recognized faiths in Alsace-Moselle receive a salary from the Interior Ministry, and the country’s President, with the agreement of the Holy See, appoints the Catholic bishops of Metz and Strasbourg. The Prime Minister appoints the Chief Rabbi and the presidents of the Jewish and Protestant consistories (the administrative governance bodies of these groups) in Alsace-Moselle, and the Interior Minister appoints ministers of the three Christian churches (Catholic, Lutheran, and Protestant Reformed Church of Alsace and Lorraine) in the region. Local governments in the region may also provide financial support for constructing religious buildings. The Overseas Department of French Guiana, which is governed under 19th century colonial laws, may provide subsidies to the Catholic Church. Other overseas departments and overseas territories, which include island territories in the Caribbean and the Atlantic, Pacific, and Indian Oceans, and several sub-Antarctic islands, may also provide funding for religious groups. This provision also applies to the portion of Antarctica the government claims as an overseas territory.
Public schools are secular. The law prohibits public school employees from wearing visible signs of religious affiliation and students from wearing “conspicuous religious symbols,” including the Islamic headscarf, Jewish skullcap, Sikh turban, and large Christian crosses. Public schools do not provide religious instruction except in Alsace-Moselle and overseas departments and territories. In Alsace-Moselle, religious education regarding one of the four recognized faiths (Catholicism, Lutheranism, Protestant Reformed Church of Alsace and Lorraine, and Judaism) is compulsory in public primary and secondary schools, although students may opt for a secular equivalent with a written request from their parents. Religious education classes are taught by laypersons who are trained and nominated by the respective religious groups but are paid by the state. Elsewhere in the country, public schools teach information about religious groups as part of the history curriculum. Parents who wish their children to wear conspicuous religious symbols or to receive religious instruction may homeschool or send their children to a private school. Homeschooling and private schools must conform to the educational standards established for public schools.
By law, the government subsidizes private schools, including those affiliated with religious organizations. In 98 percent of private schools, in accordance with the law, the government pays the teachers’ salaries, provided the school accepts all children regardless of their religious affiliation. The law does not address the issue of religious instruction in government-subsidized private schools. According to the education code, religious instruction is allowed but optional in government-subsidized private schools. Students are not required to attend religion classes, and other activities are available for students who opt out.
Missionaries from countries not exempt from entry visa requirements must obtain a three-month tourist visa before traveling to the country. All missionaries from nonexempt countries wishing to remain longer than 90 days must obtain long-duration visas before entering the country. Upon arrival, missionaries must provide a letter from their sponsoring religious group to apply to the local prefecture for a temporary residence card.
The law criminalizes the BDS movement against Israel, treating it as “a provocation to discrimination or hatred or violence towards a person or a group of persons because of their origin or belonging to an ethnic group, a nation, a race, or a determined religion.”
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
During his October 29 emergency visit to Nice, shortly after a Tunisian national entered the Basilica of Notre Dame and stabbed three Catholic worshippers to death, President Macron offered his condolences to the country’s Catholics and urged people of all religions to unite and not “give in to the spirit of division.” In a November 7 national memorial, Prime Minister Jean Castex paid tribute to the three victims. Castex said, “We know the enemy. Not only is he identified, but he has a name: It is radical Islamism, a political ideology that disfigures the Muslim religion by distorting its texts, its dogma, and its commands.” He concluded, “We will not allow the France that we love to be disfigured.”
On October 19, Interior Minister Darmanin ordered a six-month closure of the mosque in Pantin, a suburb of Paris, following the October 16 beheading of teacher Samuel Paty, who had shown his class cartoons of the Prophet Muhammad as part of a lesson on freedom of expression. The mosque’s imam had posted on social media calls to retaliate against Paty for showing the cartoons. The mosque appealed the Minister’s decision before the Montreuil administrative court, which on October 27, validated the government’s decision to close the mosque. The court ruled authorities had committed no “serious and manifestly illegal violation of fundamental freedoms” in temporarily closing the mosque “for the sole purpose of preventing acts of terrorism.”
On August 30, Junior Minister for Citizenship Marlene Schiappa reported that since February 2018, when it launched a nationwide program to counter “Islamism and communitarianism,” the Ministry of Interior had closed 210 restaurants and cafes (mostly kebab restaurants), 15 places of worship, 12 cultural establishments, and four schools. According to Schiappa, those establishments, which the government did not specifically identify, “were gathering places to organize Islamist separatism.” Independent online investigative website Mediapart requested the list of closed sites through the Administrative Documents Access Commission (Commission d’acces aux documents administratifs, CADA), an independent government agency providing administrative documents and public records. In December, CADA upheld the Ministry of Interior’s decision not to make public specific names of institutions.
On November 2, Interior Minister Darmanin announced at the National Assembly that the government had closed 43 mosques since May 2017. The Ministry of the Interior reported that, as of December 29, it was in the process of investigating for closure 76 mosques, including 16 in the Paris region, because of suspected separatism. The al-Kawthar Mosque in Grenoble reopened in August 2019 after the legal maximum closure period of six months.
On February 18, President Macron, together with his Ministers of Interior, Housing, Youth, and Sports, visited the eastern city of Mulhouse to introduce a plan, which would require parliamentary approval, to fight “Islamist separatism.” Macron said “political Islam” had no place in the country and stressed national unity. He proposed specific measures, including an end to the practice of foreign-financed imams, referring to the 300 imams whom foreign governments had sent to the country, adding they would be replaced by French-trained imams. According to Macron, the strategy aimed to reduce Islamist influence in sensitive neighborhoods and to abolish structures, such as unaccredited schools that paralleled or replaced government structures and undermined state secularism. In public schools, Macron proposed abolishing foreign language and culture programs taught by individuals appointed and/or funded by foreign governments. Macron also announced the reinforcement of oversight of foreign-funded religious sites.
Further to his February announcement, on October 2, President Macron introduced the outlines of a draft law that he said aimed to counter “Islamist separatism.” The government introduced the full draft law in December, and parliament was scheduled to consider it in 2021. Macron reaffirmed state secularism, calling it “the cement of a united France,” and said, “What we must attack is Islamist separatism.” Macron stated that all religious practice must comport with the law. He said, “Islam is a religion … that is being infected by radical impulses,” adding, “External influences … have pushed these most radical forms,” citing their effect on Wahabism, Salfafism, and the Muslim Brotherhood. Macron described Islamic separatism as a project “…serving as a pretext for teaching principles which are not in accordance with the Republic’s laws,” in which Islamists impose their own rules and laws on isolated communities and negate national “principles, gender equality, and human dignity.” Macron stated his campaign targeted radical Islamists and not Islam or Muslims and that he offered an “inclusive message” to millions of Muslims who were integrated “full citizens.” He added, “Our challenge today is to fight against this abuse that some perpetrate in the name of religion, by ensuring that those who want to believe in Islam are not targeted.”
Prior to this speech, President Macron, Prime Minister Castex, and Interior Minister Darmanin held consultations with the CFCM on September 16, 25, and 26 to present the government’s plan. The CFCM stated it was in agreement with the President’s measures.
Jehovah’s Witness officials reported one case in which authorities interfered with proselytizing during the year. On February 8, municipal police in Erstein, Bas-Rhin Department, citing a municipal decree, prohibited Jehovah’s Witnesses from engaging in door-to-door activity. Jehovah’s Witnesses sent a letter to the mayor, referencing the laws recognizing their right to proselytize, but did not indicate they received a response.
Between March 16 and May 11, the government implemented a nationwide lockdown because of the COVID-19 pandemic that included a ban on religious gatherings and worship and door-to-door proselytizing. While the government lifted restrictions on freedom of movement on May 11, it extended the ban on gatherings in places of worship – except for funerals which it limited to 20 persons – and gatherings with more than 10 persons until June 2. The Catholic Church was the most vocal in expressing opposition to these measures.
On April 28, after then-Prime Minister Edouard Philippe told the National Assembly religious services would not resume before June 2 (although churches remained open for individual prayer), the Bishop’s Council of the Catholic Church responded that the continuing measures did not incorporate its proposal to resume religious services with social distancing measures in place. On April 30, then-Interior Minister Christophe Castaner met with Archbishop Eric de Moulins Beaufort, president of the Conference of Bishops of France, to discuss Catholic concern. Bishop of Nanterre Matthieu Rouge publicly criticized the government’s restrictions, which he said fell disproportionately on religious groups, stating that many shops and some museums were allowed to reopen on May 11. He called the delay for churches a sign of “anti-clericalism” or “anti-Catholic orientation” in the presidency. While expressing disappointment with the restrictions, Archbishop de Moulins Beaufort said Catholic officials would “adapt.”
In a May 18 ruling, the Council of State – the country’s highest administrative court – ordered the government to lift within eight days the ban on religious meetings, calling it a “disproportionate measure.” The council, responding to a lawsuit brought by NGOs and individuals, said such a ban on freedom of worship caused “serious and manifestly illegal damage.” The council highlighted that the government had previously authorized public gatherings of up to 10 persons in other settings and that a complete and total ban on worship was “disproportionate to the objective of preserving public health.” The ruling stipulated freedom of worship was a fundamental right that “includes among its essential components the right to participate collectively in ceremonies, in particular in places of worship,” and that the government’s decree “constitutes a serious and manifestly unlawful interference with it.” On May 23, the government issued a decree allowing services to resume.
On April 21, President Macron held a virtual meeting with religious leaders to thank them for implementing COVID-19 safety measures and celebrating religious holidays, including Easter, Passover, and Ramadan, “without gatherings” and to express the need to continue the collaboration.
On April 19, armed police interrupted a Mass at Saint-Andre de l’Europe, a Catholic church in Paris, to enforce social distancing. The police did not fine the priest or others involved with having the Mass go forward. The Mass had been scheduled to be broadcast later that weekend. Paris Archbishop Michel Aupetit said police entered the church armed, an act he described as generally not permissible unless there was a threat to public order. He compared the COVID-19 climate to the World War II occupation of France.
Police fined the priest of Saint-Nicolas-du-Chardonnet, a church under the authority of the Society of St. Pius X, 135 euros ($170) for conducting an Easter Vigil Mass with approximately 40 attendees.
On October 30, authorities reintroduced measures restricting freedom of movement, religion, and worship to combat a second wave of COVID-19 infections. Places of worship remained open for individual prayer during the second nationwide lockdown, but authorities did not permit worship services, only authorizing funeral services attended by a maximum of 30 persons and weddings attended by a maximum of six persons. Five bishops announced on November 2 they had lodged appeals with the Council of State to demand the ban on masses be lifted, stating that the most recent COVID-19 restrictions violated freedom of worship and were disproportionate in relation to other COVID-19 lockdown measures. On November 7, the Council of State rejected the bishops’ appeal. The ruling judge stated churches remained open, despite not being able to hold services, and that Catholics could go to a church near their homes, provided they carried the necessary paperwork. Priests were also allowed to visit persons in their homes, and chaplains to visit hospitals. The judge also stated current rules would be the subject of review by the government by November 16 to evaluate their pertinence and proportionality. On November 26, Prime Minister Castex announced only 30 persons at a time would be allowed at prayer services inside places of worship and with stringent sanitary measures.
In October, members of the Church of Scientology reported that the Court of Montreuil overturned the 2019 municipal decree by the mayor’s office in Saint-Denis, just outside Paris, refusing a permit allowing the Church to renovate a building it had purchased in the municipality for the purpose of converting it into its headquarters and a training center. According to the Scientologists, the court found that “the mayor had exercised his powers for a purpose other than the preservation of the safety and accessibility of the premises.” The court ordered the government to pay the Church of Scientology damages (amount as-yet unspecified). The municipality of Saint-Denis announced its intention to appeal the decision, and the case was pending at year’s end.
A May 10 article in The Washington Post reported that “many Muslims, religious freedom advocates, and scholars see a great deal of irony” that the French ban on face coverings such as burqas remained in effect despite the country’s adoption of mask requirements due to the COVID-19 pandemic. During the year, there were no reports of police enforcing the face covering ban or of protests or public comment concerning the ban by Muslim groups. French media rejected the premise of the article. Newspaper Le Figaro, for example, called it “a misunderstanding and a mistake,” adding that the “antiburqa” ban did include exceptions for health, professional, or legislative requirements and that COVID-19 mask requirements were compatible with the law.
In a December 3 interview, Interior Minister Darmanin said the country had deported 66 radicalized foreign Islamists since the end of September. The 66 were part of a list of 231 foreigners on the FSPRT (fichier des signalements pour la prevention de la radicalisation a caractere terroriste) – a list of individuals suspected of radicalization – under orders of deportation. Darmanin also traveled in early November to Morocco, Italy, Tunisia, Malta, and Algeria to meet counterparts and discuss means to reinforce cooperation to fight terrorism and the return of their suspected radicalized nationals. According to the Ministry of Interior, approximately 300 imams, or 70 percent of all imams in the country, were trained in foreign countries such as Turkey, Morocco, and Algeria.
The government maintained the deployment of security forces throughout the country to protect sensitive sites, including vulnerable Catholic, Jewish, and Islamic sites and other places of worship. Following the October 29 terrorist attack at the Notre Dame Basilica in Nice, President Macron announced an increase, from 3,000 to 7,000 troops across the country, in domestic counterterrorism patrols under the Ministry of Defense’s Operation Sentinel. On October 30, Defense Minister Florence Parly told the Defense Council the deployment would focus on protecting schools and places of worship.
On September 25, following a terrorist attack in which two persons were wounded in a stabbing near the former headquarters of satirical newspaper Charlie Hebdo, Interior Minister Darmanin announced the kosher supermarket that was targeted by a coordinated attack after the Charlie Hebdo massacre in January 2015 “will now be permanently guarded.” Darmanin also announced he had ordered extra protection of Jewish sites for Yom Kippur. On September 27, Darmanin visited a synagogue in Boulogne-Billancourt, a western suburb of Paris. During the visit, he said, “Jews remain the target of Islamist attacks,” adding that the government had mobilized more than 7,000 police and soldiers to protect Jewish places of worship on Yom Kippur.
On December 16, the Special Criminal Court delivered its verdict on the terrorism trial related to the January 2015 terrorist attacks, finding all 14 defendants guilty of providing support to the three deceased terrorists who carried out the attacks against Charlie Hebdo, police in Montrouge, and a kosher supermarket. They received sentences ranging from four years to life in prison. The court dropped terror qualifications for six of the defendants, convicting them instead of providing material support without knowledge of the terrorist intent. Three of the defendants, including Hayat Boumeddiene (the wife of one of the shooters, Amedy Coulibaly) were tried in absentia. At least one defendant expressed his intent to appeal the court’s decision.
On October 29, following investigative work by the Ministries of Culture and Foreign Affairs and the Louvre and d’Orsay Museums, the government restituted to the heirs of Marguerite Stern seven paintings stolen by the Nazis in Paris during World War II.
At year’s end, the Paris Appeals Court had not issued a ruling in the case of Lebanese-Canadian academic Hassan Diab, who was charged with bombing a synagogue in Paris during Sabbath prayers in 1980, killing four persons and injuring 40. In 2018, investigating magistrates dismissed the court case against Diab and ordered his release. Prosecutors appealed the case’s dismissal, and the Paris Appeals Court requested additional expert testimony before ruling. Upon his release, Diab returned to Canada, where he remained at year’s end.
On October 13, during a meeting with administrators of the guidelines in the country’s schools and colleges, Education Minister Jean-Michel Blanquer promised to support teachers, pupils, and parents who exposed breaches of the country’s law on secularism in schools, including wearing religious symbols. His comments came after the Ministry of Education reported 935 infringements of the secularism law between September 2019 and March 2020. Middle schools for 11- to 15-year-olds accounted for 45 percent of incidents, while primary schools accounted for 37 percent. More than 40 percent of violations were in the form of religiously motivated insults or other verbal aggression, while 15 percent involved the wearing of religious symbols, such as a crucifix, veil, or turban.
According to the Ministry of Justice, the penitentiary system employed Catholic, Protestant, Muslim, Jehovah’s Witness, Jewish, Orthodox Christian, and Buddhist chaplains. In detainee visiting areas, visitors could bring religious objects to an inmate or speak with the prisoner about religious issues but could not pray. Prisoners could pray in their cells individually, with a chaplain in designated prayer rooms, or, in some institutions, in special apartments where they could receive family for up to 48 hours.
The government continued to implement its 2018-20 national plan to combat racism and anti-Semitism, which had a strong focus on countering online hate content. The government said it would assess the results of the plan in 2021. On June 18, the Constitutional Council invalidated core provisions of a new law against online hate speech, adopted by parliament on May 13, that was part of the 2018-20 plan. The “Avia Law,” introduced at the direction of then-Prime Minister Philippe, required online platforms to remove, within 24 hours, material they determined to be hateful content based on race, gender, disability, sexual orientation, and religion; language trivializing genocide or crimes against humanity; and content deemed sexual harassment. Social media companies faced fines up to 1.25 million euros ($1.53 million) if they failed to remove the content within the required timeframes. The Constitutional Council ruled these provisions of the law infringed on freedom of speech and were “not appropriate, necessary, and proportionate.” Parliamentary committees were drafting replacement legislation at year’s end.
On June 10, the European Court of Human Rights ruled the country had violated Article 10 (freedom of expression) of the European Convention on Human Rights when it convicted a group of 12 pro-Palestinian activists for incitement to economic discrimination. The group had distributed leaflets calling for a boycott of Israeli products as part of the BDS movement in 2009 and 2010. While France’s highest court, the Court of Cassation, had upheld the conviction, the European court ruled the activists’ actions were forms of political expression, protected by the human rights convention. In a final judgment on September 11, the court ordered the government to pay a total of 101,000 euros ($124,000) in damages to the group. The government had three months to appeal the court’s decision or make the payment but did not do either. At year’s end, the fine remained unpaid.
On January 4, several thousand demonstrators gathered in Paris and a number of other cities to protest the December 2019 court ruling that deemed Kobili Traore “criminally not responsible” for Sarah Halimi’s killing in 2017 because he was under the influence of cannabis at the time of the attack. On January 23, during his visit to Israel, President Macron criticized the Paris Appeals Court ruling. In a January 27 statement, Chantal Arens, the senior judge of the Court of Cassation, and Prosecutor General Francois Molins responded to Macron, stating, “The independence of the justice system, of which the president of the Republic is the guarantor, is an essential factor in the functioning of a democracy.” At year’s end, Traore was held in a psychiatric hospital. The case was pending at the Court of Cassation.
On September 17, prosecutors opened an investigation into the song lyrics of Freeze Corleone, a rapper who was accused by several officials and organizations of promoting anti-Semitism. Paris prosecutor Remy Heitz said Corleone was being investigated for “inciting racial hatred” based on the content of his songs and videos posted online. Frederic Potier, the interministerial delegate (head) of DILCRAH, had earlier reported the rapper to the public prosecutor’s office after identifying what he characterized as nine illegal passages in his music. In his lyrics, Corleone declared that he “arrives determined like Adolf in the 1930s,” that he does not “give a damn about the Shoah,” and that “like Swiss bankers, it will be all for the family so my children can live like Jewish rentiers.”
On July 28, police arrested Alain Bonnet, also known as Alain Soral, on charges of incitement of hatred against Jews and actions that “endanger the fundamental interests of the Republic” after comments he made on his website, Equality and Reconciliation. At the end of September, the Paris Appeals Court sentenced Soral to pay 134,400 euros ($165,000) to the International League against Racism and Anti-Semitism (LICRA) as punishment for releasing Salvation Through The Jews, a work by Leon Bloy (died 1917) that the court found to be anti-Semitic. On October 6, the court sentenced Soral to a 5,400 euro ($6,600) fine for blaming Jews for the September 11, 2001 terrorist attacks in the United States. Soral was convicted four times in 2019, following previous violations for Holocaust denial, anti-Semitic insults, and publishing an anti-Semitic video.
The Paris prosecutor’s October 14 decision to prosecute a man for vandalism rather than anti-Semitism for spray-painting dozens of large red swastikas along Paris’s landmark Rue de Rivoli the weekend of October 10-11 sparked protests among members of the Jewish community. The prosecutor’s office stated there was no legal basis for charging the man with a crime aggravated by religious or racial hatred and that “the damage was committed without specifically targeting buildings identified as being linked to the Jewish community.” In a tweet, the Representative Council of Jewish Institutions in France (CRIF) expressed “total incomprehension,” asking, “How can you spray 20 swastikas without being prosecuted for anti-Semitism?” Dorothee Bissacia-Bernstein, the lawyer representing LICRA in the case, tweeted after the decision, “Major moment of indignation and anger yes. Stupefaction.” Leader of the far-left France Unbowed Party Jean-Luc Melenchon criticized the “lamentable” decision. The suspect, a man from the country of Georgia, remained in pretrial detention. His trial was rescheduled and remained pending at year’s end.
On January 27, on International Holocaust Remembrance Day and the 75th anniversary of the liberation of Auschwitz, Jean-Michel Blanquer, Minister of National Education and Youth, and Armin Laschet, German Plenipotentiary for Cultural Affairs under the Franco-German Cooperation Treaty, visited the Shoah Memorial in Paris. In public remarks, they stated the fight against racism and anti-Semitism was and would remain a priority of educational cooperation between the two countries.
On January 9, then-Interior Minister Castaner, then-Justice Minister Nicole Belloubet, and then-Junior Minister for the Interior Laurent Nunez attended a CRIF-organized memorial ceremony outside a Paris kosher supermarket, where five years earlier a gunman had killed four Jews and held 15 other persons hostage.
On July 10, Interior Minister Darmanin attended the Shabbat service at the Great Synagogue of Paris. “The Jews of France had to suffer many unspeakable acts. Attacking the Jews of France, is attacking the Republic,” he said at the end of the visit.
On July 19, Secretary of State for the Armed Forces Genevieve Darrieussecq held a ceremony in Paris honoring the victims of the 1942 Velodrome d’Hiver roundup in which 13,000 Jews, including 4,000 children, were deported to extermination camps. “There is no space for ambiguity, the Velodrome d’Hiver roundup is an issue belonging to France,” Darrieussecq said in her statements, adding, “Two dangers lie in wait for us and must constantly be fought: oblivion and hatred. It is because the Nation knows where it comes from, looks at its past without ambiguity, that it will be intractable in the face of racism, anti-Semitism, and discrimination.”
President Macron and government ministers condemned anti-Semitism and declared support for Holocaust education on several occasions, including a February 19 visit to the Shoah Memorial; the March 19 commemoration of the eighth anniversary of the killings of three Jewish children and their teacher by Mohammed Merah in Toulouse; the April 30 Holocaust Remembrance Day commemoration; and the June 1 Judaism Day observance. On April 26, as the country held private or virtual ceremonies (because of COVID-19 restrictions) for the thousands of persons deported to Nazi death camps during World War II, President Macron tweeted, “Seventy-five years on, we have not forgotten.” On the same day, Secretary of State for the Armed Forces Darrieussecq laid a wreath at the Shoah Memorial and the Memorial of the Martyrs of The Deportation in central Paris.
On July 26, Interior Minister Darmanin participated in a tribute for Father Jacques Hamel, the Catholic priest killed in an attack for which ISIS claimed responsibility at his church in Saint-Etienne-du-Rouvray in 2016. In his remarks, Darmanin said Father Hamel was “killed by the Islamist barbarism,” and “killing a priest is like trying to assassinate a part of the nation’s soul.”
On July 29, Interior Minister Darmanin visited Douaumont Cemetery at the Verdun battlefield to pay tribute to Muslim soldiers who died for the country during World War I. Speaking in front of the graves, he warned against “any deviation of the spirit … that evokes the purported incompatibility between the fact of [religious] belief and being a republican.” He added, “The [French] Republic does not prefer any religion, does not combat any religion.”
Due to the COVID-19 pandemic, the government postponed the visit of 30 Moroccan, 120 Algerian, and 151 Turkish imams whom it has regularly hosted to promote religious tolerance and combat violent extremism within Muslim communities.
The country is a member of the International Holocaust Remembrance Alliance.
Section III. Status of Societal Respect for Religious Freedom
The CFCM reported 235 registered incidents targeting Muslims, compared with 154 in 2019. The Jewish Community Protection Service (SPCJ) reported a total of 339 anti-Semitic incidents, of which 295 were threats and 44 violent acts, compared with 687 total incidents in the previous year. Statistics on anti-Christian incidents were not yet available; most of these incidents involved vandalism of churches and cemeteries.
On October 29, a man entered the Basilica of Notre Dame in the southern city of Nice and killed three Catholic worshippers with a knife. Local press reported one of the two women killed was “practically decapitated.” Municipal police intervened, shooting and seriously injuring the attacker. The attacker, according to local press reports, said, “Allahu Akbar (God is great),” repeatedly as he was being arrested and taken to the hospital. The man was identified as Brahim Aouissaoui, an asylum seeker from Tunisia who entered France in early October. The national counterterrorism prosecutor’s office was treating the attack as a terrorist incident. The investigation was ongoing at year’s end.
On October 16, an 18-year-old Muslim Russian refugee of Chechen ethnicity, Abdoullakh Anzorov, beheaded a French middle-school teacher, Samuel Paty, in the Paris suburb of Conflans-Sainte-Honorine. Paty had shown his students Charlie Hebdo’s 2012 cartoons depicting the Prophet Muhammad as part of a lesson on freedom of expression; Paty advised students they could turn away if they did not want to see the images. Police shot and killed Anzorov soon after Paty’s killing and charged 10 other persons, including an imam, with assisting him. President Macron visited the school where Paty had worked, calling the incident “a typical Islamist terrorist attack” and stating that “our compatriot was killed for teaching children freedom of speech.”
On October 18, media reported two women stabbed two other women wearing Islamic headscarves and tried to rip off their veils near the Eiffel Tower in 2019. The women were charged with assault and racist slurs. The main suspect was placed in pretrial detention while the second was released on bail, legal sources reported.
On August 6, two men shouted anti-Semitic insults and assaulted a Jewish man, stole his watch, and beat him unconscious in the hallway of his parents’ apartment building in Paris. Justice Minister Eric Dupond-Moretti tweeted, “I know the immense emotion that besets the entire Jewish community. It is the emotion of the whole nation and of course mine.” Authorities charged the two men with violent theft motivated by religious reasons and placed them in pretrial detention on August 28. At year’s end, a trial had not been scheduled, and the two men remained in detention.
In January, a 16-year-old student in the Lyon region received death threats and withdrew from school due to security concerns after she posted a vulgar anti-Islam video that led to national controversy. The student appeared on television and defended her right to blaspheme, saying her comments came in response to a vulgar online attack on her sexual orientation by a Muslim. The government provided her police protection, and President Macron defended her, telling newspaper Le Dauphine Libere that children needed to be “better protected” against “new forms of hatred and harassment online,” adding, “The law is clear: we have the right to blaspheme, to criticize, to caricature religions.” In the ensuing public debate, however, public personalities and officials made a range of statements criticizing the girl for hate speech or defending her right to free speech and French secularism. Abdallah Zekri, general delegate of the CFCM, told Sud Radio that he was against the death threats, but that “who sows the wind, shall reap the whirlwind.” CFCM president Mohammed Moussaoui, in the CFCM’s official response, said, “Nothing can justify” death threats.” Then-Justice Minister Belloubet, in comments she later acknowledged as “maladroit,” called the death threats unacceptable but characterized the video as “an attack on freedom of conscience.”
On May 14, the Paris prosecutor indicted the two suspects in the 2018 killing of Holocaust survivor Mireille Knoll on charges including intentional homicide and targeting the victim based on religion. On July 10, investigative judges affirmed the prosecution of the suspects on charges of murder “of a vulnerable person, committed because of the victim’s religion.” The two individuals remained in pretrial detention and a trial date had not been set at year’s end.
Authorities charged a man with “extortion on account of religion” with aggravated circumstances following an August 26 incident in Strasbourg in which an individual assaulted a young artist hired by the city to decorate a public building for wearing a t-shirt with “Israel” printed on it. After ordering the artist to leave the site, the assailant stole a spray-paint can and wrote on the pavement, “Interdit aux juifs et aux salopes” (“Jews and sluts forbidden”). Both the victim and a local Jewish association filed a complaint. On November 30, the Strasbourg Criminal Court sentenced the assailant to six-months’ imprisonment and ordered him to pay 500 euros ($610) in compensation to the victim and 1,000 euros ($1,200) to antiracist groups that had also filed a lawsuit.
On May 26, Agence France Presse and other media reported security forces arrested a man, identified only as Aurelien C., in the central city of Limoges. The security forces said they suspected the man, a former member of both the military and the Yellow Vest protest movement, was planning an attack against the Jewish community. On social media, Aurelien C. had posted white supremacist conspiracy theories and both anti-Semitic and anti-Islamic comments, while glorifying terrorists such as the 2019 Christchurch and 2011 Oslo attackers. On May 12, the Antiterrorism National Prosecutor’s Office reportedly began investigating him for “association of criminal terrorist wrongdoers.” In his home, investigators reportedly found incendiary tools that could be used as mortars. He had researched when Jewish religious sites would reopen in his town. Aurelien C. had previously been arrested in December 2018 and convicted of illegal arms possession.
In September, two men carried out an armed robbery against a man wearing a Star of David in a suburb of Paris and called him a “dirty Jew.” The victim was reportedly an Arab convert to Judaism. One of the robbers, identified only as Mohammed, received a one-year jail sentence.
Also in September, a court in Brest sentenced a man to two months in prison for calling a woman at an office where the man collected his welfare check a “dirty Jewess” and performing a Nazi salute in December 2019.
Jehovah’s Witnesses officials reported six incidents during the year. In one case, they reported a man punched a Jehovah’s Witness in the face while he was evangelizing in Le Petit Quevilly, a suburb of Rouen, on March 1. Jehovah’s Witnesses filed a complaint with police. At year’s end, authorities had not filed charges.
The Jewish Agency for Israel reported in June approximately 2,000 persons began the process of emigrating to Israel in the previous month, compared with 200 in May 2019.
On January 20, the AJC released a poll conducted by the French Institute of Public Opinion (IFOP) in partnership with the Fondapol think tank. The survey, which polled 505 French Jews between October 14 and November 19, 2019, found that 70 percent said they had been the target of at least one anti-Semitic incident in their lifetime, 64 percent had experienced anti-Semitic verbal abuse at least once, and 23 percent had suffered physical abuse on at least one occasion; 10 percent said they had been attacked several times. The poll found 37 percent refrained from using visible Jewish symbols, 25 percent avoided revealing their Jewish identity in the workplace, and 52 percent had considered leaving the country permanently. Overall, 44 percent said the situation for French Jews was worse than a year earlier, 11 percent said it was better, and 42 percent said it was unchanged. Among respondents aged 18-24, 84 percent had been the target of at least one anti-Semitic act, 79 percent had experienced verbal abuse, and 39 percent had suffered physical aggression. Jews self-identifying as “religious” felt the most vulnerable; 74 percent said they had been a target of at least one act of verbal abuse. Anti-Semitic incidents occurred most frequently on the street and in schools. Fifty-five percent said they had been insulted or threatened, and 59 percent said they had been physically abused on the street. In schools, 26 percent said they had suffered physical abuse and 54 percent had experienced verbal abuse. In the workplace, 46 percent said they had experienced anti-Semitic verbal abuse.
The poll also questioned 522 non-Jewish citizens. Of this total sample of 1,027 Jewish and non-Jewish persons, 73 percent (and 72 percent of Jewish respondents) considered anti-Semitism a problem that affected all of society; 47 percent (and 67 percent of Jews) reported the level of anti-Semitism in the country was high, while 27 percent (and 22 percent of Jews) said it was low. Fifty-three percent of non-Jews, but 77 percent of Jewish respondents, said they had the feeling that anti-Semitism in the country was increasing.
A poll of youths conducted by IFOP, carried out on September 4-9 and released on September 13, showed 87 percent of respondents had heard about the Holocaust and 95 percent had heard about the gas chambers; 80 percent reported learning these facts at school. One in 10 students said it was impossible to teach about the Holocaust in their class (among the reasons cited was a refusal by some students to listen to the lesson), and 21 percent cited criticisms from other students during lessons about the subject. The survey also revealed the influence of Holocaust denial on online video platforms and social media networks; nearly one in three (29 percent) respondents said they had already read or viewed content questioning the existence of the Holocaust. Of these, 57 percent had encountered denial theories on YouTube and 40 percent on Facebook.
In February, the Pew Research Center published findings on attitudes towards democratic principles, such as regular elections, free speech, and free civil society, as well as religious freedom, in 34 countries, based on interviews it conducted in its Spring 2019 Global Attitudes Survey. According to the findings, 52 percent of French respondents considered religious freedom to be “very important” but ranked it the lowest of their priorities for democratic principles among the nine tested.
The annual report of the National Consultative Commission on Human Rights, an advisory body to the Prime Minister, released on June 18, included the results of an Ipsos poll conducted in November 2019 and involving face-to-face interviews with a representative sample of 1,323 residents over the age of 18. The results were almost identical to a poll Ipsos conducted a year earlier. According to the more recent poll, 34.2 percent (1.8 percent fewer than in 2018) of respondents believed Jews “have a particular relationship with money,” and 18.6 percent (1.4 percent fewer than the previous year) thought Jews had too much power in the country. The poll found 35.5 percent (29 percent in 2018) of respondents had a negative image of Islam, and 44.7 percent (44 percent in the previous year) considered it a threat to national identity. The commission’s report again cited what it said was persistent societal rejection of Islamic religious practices, such as women wearing a veil (45.5 percent).
In June, during an antiracism protest in Paris attended by 15-20,000 persons, a video of at least one man repeatedly shouting “Dirty Jews” at a counterprotesting white identity group went viral. Israeli newspaper Haaretz cited CRIF as stating that anti-Semites had infiltrated the protest, “using a noble cause, the fight against racism, to spread hatred against Jews and Israel.” According to the report, CRIF President Francis Kalifat asked, “How can this type of incitement be shouted again and again without people reacting and demanding that those people leave?”
According to press reports, April Benayoum, runner-up in the 2021 Miss France competition, became the subject of “a torrent” of anti-Semitic comments on social media after revealing that her father was Israeli during the televised competition on December 19. One message read, “Hitler forgot about this one.” On December 20, Interior Minister Darmanin tweeted that he was “deeply shocked” and promised law enforcement would investigate the incidents. Others, including the International League Against Racism and Anti-Semitism, the Israeli embassy in Paris, and the Representative Council of Jewish Institutions, also denounced the comments. The Paris Prosecutor’ Office opened an investigation on December 21.
Facebook confirmed on August 3 it had banned French comedian Dieudonne M’Bala from its platforms for repeatedly violating its policies by posting anti-Semitic comments and for his “organized hatred.” In June, YouTube also banned Dieudonne, who had more than one million followers on Facebook and 36,000 on Instagram. Elisabeth Moreno, the Minister in Charge of Gender Equality, Diversity, and Equality of Opportunities welcomed the bans, tweeting, “All forms of speech inciting hatred and racism must be banned on social media.” Dieudonne was convicted multiple times for hate speech, including anti-Semitism. In October, in contravention of COVID-19 confinement orders, Dieudonne held an unauthorized gathering near Strasbourg attended by approximately 300 supporters, where he repeated the same anti-Semitic comments and spread disinformation relating to Jews about the pandemic.
The Jewish Telegraphic Agency cited other instances of disinformation blaming Jews for COVID-19. For example, in March, a caricature of a Jewish former Health Minister, Agnes Buzyn, showing her poisoning a well, was shared tens of thousands of times on social media. Alain Soral posted on YouTube that the virus was being used by “the luminary community, which we are forbidden to name … to weaken French people by the sheer weight of the death toll.” According to the agency, Soral’s post was viewed 406,000 times. The same report cited Marc Knobel, a historian with CRIF, as stating, “…the coronavirus pandemic is a reminder that Jews will be blamed whenever there’s an epidemic, be it today or 1347.”
On January 5, vandals damaged several headstones, burial vaults, and a memorial to a young child deported to Auschwitz at the oldest Jewish cemetery in the country, located in Bayonne. The cemetery contained Jewish burial sites dating to the late 17th century. The president of the Bayonne/Biarritz Jewish community condemned the desecrations, stating, “When it comes to attacking the dead, I don’t think there is anything more cowardly.”
On August 7, unknown persons set fire to the Omar Mosque in Bron, a suburb of Lyon. President of the regional CFCM Kamel Kabtane denounced the act. He had said previously the country trivialized anti-Muslim speech and acts. Regional and religious leaders, such as Interior Minister Darmanin and Mohammed Moussaoui, President of the Union of Mosques of France, expressed solidarity against the suspected arson and stated the country was experiencing a “rise of hatred.” They called for the creation of a parliamentary commission to investigate and address these issues.
A fire broke out at the Essalam Mosque in the city of Lyon on August 12, only days after the suspected arson at the Omar Mosque in Bron. The mayor of Lyon’s 2nd Arrondissement, Pierre Oliver, condemned the burning of the mosque, which a preliminary investigation suggested was also the result of arson. Hackers also changed the website link to the Essalam Mosque on the Google Maps site to a pest control site.
On April 15, the president of the Turkish Cultural Association (ACTS) of Saint-Etienne discovered a death threat written on the association door that he called “clearly Islamophobic.” Saint-Etienne Mayor Gael Perdriau expressed support for all ACTS members. The mayor highlighted the group’s societal contributions, including a recent donation of masks to nursing staff at the local teaching hospital.
On January 19, unknown individuals in Bordeaux and Talence defaced eight churches and two Catholic schools with graffiti. Several of the “tags” referred to pedophilia. Archbishop of Bordeaux Jean Paul James expressed his “profound sadness in the face of such acts,” condemned “this form of violence against Christians,” and offered to support “those who felt injured by these … obscene insults.” A police investigation was ongoing.
On April 22, members of the far-right group Generation Identitaire projected pictures denouncing calls to prayer onto the facade of the Grand Mosque of Lyon. The text read, “Lyon, Strasbourg, Marseille, Germany, Spain. Stop! The song of the muezzin will not resonate in Europe. Generation Identitaire.” The group claimed responsibility on Twitter. Marine Le Pen, president of the National Rally Party, had also publicly complained to the Interior Ministry about the Grand Mosque of Lyon’s daily broadcasts of the calls to prayer.
The hashtag #sijetaitunjuif (If I were a Jew) trended on Twitter France on May 18 before the company took it down, following condemnation by officials and Jewish and antihate organizations. The hashtag originated with six coordinated individual users and was amplified by other users and groups who deployed it with anti-Semitic smears and references to the Holocaust. The author of one of the original tweets, a 16-year-old boy, told media outlet BFM he had posted the material “to see if people would defend Jews.” Twitter France told BFM it took the hashtag off its list of trending topics for violating the company’s hate speech rules.
On June 23, anti-Semitic graffiti and drawings were found on campaign posters for Lyon Metropolis President David Kimelfeld. Also on June 23, anti-Muslim stickers were found on campaign posters of Nordine Gasmi, the Vaudais Independent Party mayoral candidate, in nearby Vaulx-en-Velin. Kimelfeld denounced the graffiti, and local Member of Parliament Thomas Rudigoz called the anti-Semitic tags “despicable,” saying they recalled dark times in the country’s history.
In the early hours of July 26, a mosque in the southwestern French city of Agen was vandalized with graffiti that included a swastika and obscene messages. Interior Minister Darmanin tweeted supported for Agen’s Muslim community and condemned “hateful actions that are contrary to the values of the Republic.” Agen Mayor Jean Dionis du Sejour denounced the vandalism as “absolutely unacceptable … insulting [and] senseless.”
Anti-Islam graffiti was discovered on September 2 on the walls of a mosque in the southwestern city of Tarbes, according to media reports. The incident occurred on the opening day of the trial for the 2015 Paris terror attacks. Interior Minister Darmanin tweeted, “These acts have no place in our Republic.” Regional officials, including the president of the Occitanie Region and the prefect of the Hautes-Pyrenees Department, also publicly condemned the act. Mayor of Tarbes Gerard Tremege visited the site and said he was “outraged by these heinous acts of desecration.” The CFCM also expressed “firm condemnation” and “full solidarity and total support to the faithful and officials of the mosque.”
On October 2, the Association of Jewish Students tweeted a video of a kosher restaurant in the 19th Arrondissement of Paris that had been vandalized with many swastikas and the words “Hitler was right” spray-painted on furniture and walls.
The Nour El Mohamadi Mosque in central Bordeaux was vandalized on October 14 and October 20. Unknown individuals broke exterior windows and defaced it with graffiti that included Celtic crosses and the phrase “Mahomet = Lache” (Mohammed = Coward). Interior Minister Darmanin asked local authorities to put the mosque under police protection, stating on Twitter, “Such actions are unacceptable on the soil of the Republic.” A police investigation was ongoing at year’s end. Mosque Vice President Abdelaziz Manaa noted a recent increase in anti-Muslim hostility: “There are people who insult us from the street … but now, we feel that it is getting worse. We’ve never had insults against the Prophet.”
On January 10, Jehovah’s Witnesses filed a complaint with police after they found a graffito, “God kills,” on the door of a Kingdom Hall in Paris on January 10. At year’s end, law enforcement had not identified any suspects.
On April 17, the Angouleme criminal court found an 18-year-old man guilty of, but not responsible for, desecrating numerous graves in a Christian cemetery in Cognac in 2019. A psychiatric evaluation of the man before his trial concluded his judgment was impaired at the time of the incident. The court ordered his emergency hospitalization in a specialized center following the verdict.
Authorities closed the case against Claude Sinke, who died on February 26, before the case could go to trial. Sinke was arrested and charged with attempted murder after he allegedly shot and injured two Muslim men and set fire to the door of a mosque in Bayonne in 2019.
At year’s end, there was no information available on the status of a case involving four men arrested in 2019, who were part of a larger group of approximately 10 men alleged to have beaten and robbed a Jewish driver for a ride-sharing company. At the time, authorities said they considered the anti-Semitic nature of the attack to be an aggravating circumstance.
Authorities were still investigating a case from 2019 in which they charged a man with attempted murder and degrading a place of worship after he crashed his car into a mosque in Colmar. According to some press reports, the man was diagnosed with schizophrenia, which might lead to dismissal of the case.
On September 9, the G9, a Lyon-based interfaith group, founded following terrorist attacks in 2015 with the aim of promoting understanding among religious groups and fighting against violent extremism, wrote an open letter with calling for fraternity after multiple acts of vandalism at places of worship. In the letter, entitled “More than ever determined to work for the Common Good,” the G9 challenged citizens and authorities to be vigilant and create strong connections wherever possible.
The Council of Christian Churches in France, composed of 10 representatives from the Protestant, Catholic, Orthodox, and Armenian Apostolic Churches, continued to meet four times a year, twice in plenary session and twice at the working level.
Section IV. U.S. Government Policy and Engagement
The Ambassador designated combating anti-Semitism as one of four key “pillars” of enhanced embassy outreach. Coupled with the embassy’s broad campaign supporting religious freedom, the Ambassador and other staff from the embassy, consulates general, and APPs actively pursued opportunities to engage on fighting anti-Semitism and bolstering religious freedom and tolerance with relevant government officials, including at the religious affairs offices of the Ministries of the Interior and Foreign Affairs and DILCRAH. Topics discussed included religious tolerance, anti-Semitic and anti-Muslim acts, the role of religious freedom in lessening violent extremism, the BDS movement, Holocaust-related compensation, and bilateral cooperation on these issues.
Staff from the embassy, consulates general, and APPs met regularly in person and virtually with religious community leaders, activists, and private citizens throughout the country to discuss issues of discrimination and to advocate tolerance for diversity. Embassy officials discussed religious freedom, anti-Semitism, anti-Muslim sentiment, and interfaith dialogue and tolerance with senior Christian, Muslim, and Jewish representatives and NGOs such as Coexister and AJC Europe. They also hosted meetings with representatives from CRIF, the Israelite Central Consistory of France (the main Jewish administrative governance body), the CFCM, and the Paris Great Mosque, Catholic priests, and Protestant representatives working on interfaith dialogue.
The Ambassador and embassy personnel engaged regularly with senior Israeli embassy representatives on efforts and best practices to counter anti-Semitism in the country. Embassy officials closely monitored the official government position on the BDS movement and anti-Semitic incidents. In February, senior embassy officials visited the Quatzenheim Jewish cemetery in Alsace, where vandals had desecrated 90 Jewish graves with anti-Semitic images and slogans in 2019. The local newspaper covered the visit to the cemetery with local leaders, and the embassy amplified the event on its social media platforms to bring visibility to the issue and to publicly express U.S. support for the fight against anti-Semitism.
While much of the embassy’s planned outreach was curtailed or significantly affected by the COVID-19 pandemic, the embassy, APPs, and consulates general continued to reach out to religious communities, especially through virtual programs.
The embassy continued to support Coexister, a local association promoting interfaith dialogue and social cohesion, with funding assistance for the association’s Interfaith World Tour. Four young interfaith representatives concluded an eight-month world tour in 2019-20 to meet with interfaith leaders in 18 countries, including the United States. The team was producing a documentary film about the tour to be used for presentations at French public schools and conferences with the aim of deepening awareness of, and interest in, international initiatives on interfaith dialogue.
A new embassy-supported program against extremism and anti-Semitism with local NGO Insitut Hozes (founded by a past participant in an embassy-sponsored exchange program in the United States) began on December 28 to support interfaith “boot camps” to create shared experiences for Jewish and Muslim teenagers in the Paris suburbs, groups that rarely have opportunities to interact. The aim is for the groups to then work together to organize community service activities and act as a force of positive change in their communities.
In May, an embassy-sponsored webinar engaged civil society leaders, including those representing religious minorities, on combating religiously and ethnically motivated terrorism, as well as discrimination and violence targeting religious and ethnic minorities.
In July, the embassy organized a virtual encounter between representatives of the U.S. Holocaust Memorial Museum and Holocaust memorials and museums around France to share best practices in engaging young people on the lessons of the Holocaust.
The consulate general in Strasbourg hosted a meeting in February with senior embassy officers for local government, law enforcement, religious, and civil society leaders to discuss collaboration opportunities to fight growing anti-Semitism across the region. Breakfast was followed by a visit of one of the embassy officers with local community leaders to the Quatzenheim Jewish cemetery, where vandals had desecrated and painted swastikas on gravestones in 2019.
In the early stages of the COVID-19 pandemic (March-April), the consulate general in Strasbourg consulted with the Jewish Consistory to assess growing disinformation among extremist groups that the Jewish population had caused the pandemic. In September, the consulate general hosted an interfaith lunch with key local government, civil society, and religious authorities to discuss the continued rise in anti-Semitic acts in the eastern part of the country, as well as issues of radicalization and violent extremism among the Muslim community.
In September, the APP in Lyon invited five religious leaders of the G9 group to discuss their collective editorial in national newspaper Le Parisien after two mosques and one Christian library in the region were vandalized that same month. During the meeting, the APP representative discussed the concerns of local Muslim, Jewish, and Christian leaders over President Macron’s proposed antiseparatism measures, particularly related to the issue of foreign trained imams.
The made-for-television film “RAMDAM,” supported by APP Bordeaux and written with an imam and a past embassy-sponsored visitor to the United States, aired on French television in May. The fictional film, showcasing the daily stories, struggles, and triumphs of a local imam, blended humor, compassion, and current topics aimed at presenting a more nuanced view of Muslim communities.
In April, the Consul General in Marseille attended an online commemoration ceremony in memory of the persons deported from the Camp des Milles internment camp during WWII. In August, the new Consul General visited the Camp des Milles, where she laid a wreath and spent the day touring the site with its director, meeting with survivors and local residents.
In September, the APP in Rennes hosted a meeting with regional representatives of the Jewish and Muslim communities, as well other civil society representatives. The Principal Officer facilitated an exchange of ideas and perspectives on the impact of current issues, including the COVID-19 epidemic, on different communities. Jewish and Muslim representatives reiterated their commitments to maintaining their positive existing relationships and ongoing dialogue on areas of shared interest.
The embassy regularly amplified messages from the Secretary of State and Department of State on religious freedom via embassy social media platforms in French and in English. The embassy also complemented information supplied by the Department of State with original content in French, for example by marking the International Day of Religious Freedom and condemning antireligious, mostly anti-Semitic acts, such as the killing of Samuel Paty. Embassy social media outreach highlighted the importance of religious freedom as a core American value and demonstrated how France and the United States worked together on the issue.
Georgia
Executive Summary
The constitution recognizes equality for all regardless of religion, subject to considerations of public safety or health or the rights of others, and it stipulates the independence of the Georgian Orthodox Church (GOC) from the state. The constitution recognizes the “outstanding role” of the GOC in the history of the country. It prohibits persecution based on religion. Laws and policies continue to grant the GOC unique privileges. The nongovernmental organization (NGO) Tolerance and Diversity Institute (Tolerance Institute) stated that prosecutors continued to fail to indict individuals for religiously motivated crimes. NGOs criticized the government during the COVID-19 state of emergency between March 22 and May 22 for allowing the GOC exceptions from restrictions on in-person religious services while not responding to minority religious groups’ requests for clarification on applying restrictions. The government did not approve the registration application of any new religious group. It rejected the application of the Christian Church for All Nations for the second year in a row. Parliament again failed to pass legislation to comply with a court order to amend the law under which the GOC received exclusive tax and property privileges. Some religious groups advocated legislation that would address a broader range of religious issues, while others expressed concerns about the potential impact of such a law on smaller groups. Religious leaders criticized parliament for passing amendments in May that grant only the GOC ownership rights to state forests located near or adjacent to churches and monasteries. Some Muslim community leaders said the government continued to influence and favor the state-funded religious group All Muslims of All Georgia (AMAG). Following the December 2019 election of Mufti Adam Shantadze as the new AMAG leader, AMAG education department head Rezo Mikeladze, AMAG press center head Otar Nadiradze, and two other leaders within the organization resigned, and Mikeladze made a televised statement saying Shantadze was the candidate of the State Security Service and his appointment would not benefit the interests of Muslims. Mikeladze and Nadiradze subsequently rejoined AMAG. The Armenian Apostolic, Evangelical Lutheran, and Roman Catholic Churches and some Muslim groups reported continued difficulties in obtaining government recognition of their ownership claims of religious properties. Muslim community members continued to state there was a lack of transparency in government decisions on mosques and their construction. NGOs continued to state there was bias in public schools favoring Georgian Orthodox religious teachings, although the government took some steps to involve human rights groups in the textbook selection process. NGOs and some religious groups continued to criticize legislation that excluded some religious groups, including the Evangelical Lutheran Church, from receiving compensation for damages suffered during the Soviet era.
According to religious leaders, de facto authorities in the Russia-occupied Georgian regions of Abkhazia and South Ossetia, which remained outside the administrative control of the central government, continued to restrict or prohibit the activities of some religious groups. De facto authorities in both areas continued to ban Jehovah’s Witnesses. According to anecdotal reports, however, Jehovah’s Witnesses could continue to rent space for Kingdom Halls in Abkhazia. Both the GOC and the Russian Orthodox Church formally recognized Orthodox churches in Abkhazia and South Ossetia as belonging to the GOC, but GOC representatives said de facto authorities in South Ossetia pressured Orthodox churches to merge with the Russian Orthodox Church. Sources stated that the Russian Orthodox Church tacitly and unofficially supported breakaway churches that did not have official autocephaly from the GOC. De facto South Ossetian authorities permitted GOC religious services but said they were illegal. De facto Abkhaz authorities prohibited Georgian Orthodox clergy from entering the occupied territory. Some religious figures in Abkhazia reportedly continued to advocate the establishment of an autocephalous Orthodox Church in the territory or a merger with the Russian Orthodox Church.
According to NGOs and minority religious groups, religiously motivated crimes declined compared to 2019 due to COVID-19 pandemic restrictions on public activity. During the year, the Ministry of Internal Affairs (MOIA) investigated 22 cases involving crimes reported as religiously motivated, compared with 44 cases in 2019. The Public Defender’s Office received seven complaints of religiously based crimes or discrimination during the year, compared with 19 complaints in 2019. Two of these complaints involved violence. The Prosecutor General’s Office (PGO) obtained convictions for two individuals for crimes against Jehovah’s Witnesses motivated by religious intolerance, and a case against a third was pending at year’s end. Jehovah’s Witnesses said attacks against members declined because the group, in response to COVID-19 pandemic restrictions, shifted to online activities and ceased conducting public outreach or door-to-door evangelism. Jehovah’s Witnesses reported eight incidents against the group, its members, or Kingdom Halls, including one involving violence, compared with 20 in 2019. According to the Public Defender’s Office, the PGO made improvements compared to prior years in classifying crimes targeting Jehovah’s Witnesses as motivated by religious intolerance. The Public Defender’s Office and religious minorities continued to state there was widespread societal perception that religious minorities posed a threat to the GOC and the country’s values. The NGO Media Development Foundation documented 20 instances of religiously intolerant remarks in national media by media figures, political parties, clergy, public organizations, and others, compared with 55 in 2019. In May, Georgian Orthodox clergyman Basil Mkalavishvili said the prayers of the Roman Catholic Church “have no merit.” In April, Sandro Bregadze, leader of the nativist movement Georgian March, told a news outlet that Jehovah’s Witnesses were the main source of COVID-19 in the city of Zugdidi. In December, the Tolerance Institute condemned as anti-Semitic a sermon by Georgian Orthodox Metropolitan Ioane Gamrekeli in which he referred to nonbelievers as “a lineage of infidels.” The Georgian ambassador to Israel said Gamrekeli’s words had been misinterpreted, and the GOC subsequently issued a statement condemning anti-Semitism.
U.S. embassy officials continued to meet regularly with senior government officials, including the leadership of the State Agency for Religious Affairs (SARI), the public defender, the Prime Minister’s adviser on human rights, and officials at various ministries to encourage dialogue and tolerance between the government and minority religious groups. The Ambassador met with Georgian Orthodox Patriarch Ilia II and other senior Church leaders to stress the importance of the GOC in promoting religious diversity and tolerance. The Ambassador and other embassy officials met with minority religious groups throughout the country, and the embassy and its regional information offices sponsored events in Tbilisi and elsewhere in the country to encourage religious tolerance and interfaith dialogue. In November, the Secretary of State met with Georgian Orthodox Patriarch Ilia II in Tbilisi to discuss the promotion and protection of religious freedom. The embassy continued to support long-term programming to protect the rights of religious and ethnic minorities and promote greater integration.
Section I. Religious Demography
The U.S. government estimates the total population at 4.9 million (midyear 2020 estimate). According to the 2014 census, GOC members constitute 83.4 percent of the population, followed by Muslims at 10.7 percent and members of the Armenian Apostolic Church at 2.9 percent. The remaining 3 percent includes Roman Catholics, Yezidis, Greek Orthodox, Jews, growing numbers of “nontraditional” religious groups, such as Baptists, Jehovah’s Witnesses, Pentecostals, the International Society of Krishna Consciousness, and individuals who profess no religious preference.
Ethnicity, religious affiliation, and region of residence are strongly connected. Most ethnic Georgians affiliate with the GOC. A small number of mostly ethnic Russians are members of several Orthodox groups not affiliated with the GOC, including the Russian Orthodox Church, Molokani, Staroveriy (Old Believers), and Dukhoboriy (Spirit Wrestlers). Ethnic Azeris are predominantly Shia Muslims and form the majority of the population in the southeastern region of Kvemo-Kartli. Other Muslim groups include ethnic Georgian Muslims in Adjara and Chechen Kists in the northeast; both groups are predominantly Sunni. Ethnic Georgian Sunni Muslims are also present in the south-central region of Samtskhe-Javakheti. Ethnic Armenians belong primarily to the Armenian Apostolic Church and constitute the majority of the population in Samtskhe-Javakheti.
Reliable information from the Russia-occupied regions in Georgia continued to be difficult to obtain. According to a census conducted in 2016 by the de facto Abkhaz authorities, there were 243,000 residents of Russia-occupied Abkhazia. A survey conducted in 2003 by the de facto government listed 60 percent of respondents as Christian, 16 percent as Muslim, 8 percent as atheists or nonbelievers, 8 percent as followers of the pre-Christian Abkhazian religion, and 1 percent as Jehovah’s Witnesses, Jews, or adherents of other religions. The remaining 7 percent listed no preference.
According to a 2015 census conducted by de facto South Ossetian authorities, there were 53,000 residents of Russia-occupied South Ossetia. The majority of the population practices Orthodox Christianity; other minority groups include Muslims and the Right Faith, a revival of the pre-Christian ethnic Ossetian religion.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution provides for freedom of belief and religion, subject to considerations of public safety and the health and rights of others, and equality for all regardless of religion. It prohibits persecution based on religion and prohibits compelling anyone to express his or her opinion about religion. It also prohibits political parties that incite religious strife. The law provides for freedom of religious belief, denomination, and conscience, including the right to choose and change religious affiliation.
The constitution recognizes the GOC’s special role in the country’s history but stipulates the Church shall be independent from the state and that relations between the GOC and the state shall be governed by a constitutional agreement (concordat). The concordat grants rights not given to other religious groups, including legal immunity for the Georgian Orthodox patriarch, exemption of Church clergy from military service (although by law, clergy from all religious groups are exempted), and a consultative role in government, especially in state education policies. The concordat states that some of its provisions require additional legislation before they may be implemented, including the GOC’s right to a consultative role in state education policies. There is currently no implementing legislation for the concordat.
A religious group may register with the National Agency of the Public Registry (NAPR) as a legal entity of public law (legal entity) or as a nonprofit organization, both of which offer benefits, including legal recognition, tax exemptions for donations and other “religious activities” (a term not clearly defined by law), and the right to own property and open bank accounts. The civil code defines the activities and rights of denominations registered for legal entity status. Unregistered religious groups may conduct religious activities but do not receive the legal status or benefits conferred on registered groups.
To register as a legal entity, the law specifies a religious group must have a historic link with the country or be recognized as a religion “by the legislation of the member states of the Council of Europe.” A religious group must also submit to the NAPR information regarding its objectives and procedures and a list of its founders and members of its governing body. Groups registering as nonprofit religious organizations do not have to demonstrate historic ties to the country or recognition by Council of Europe members but must submit to the NAPR similar information on their objectives, governing procedures, and names of founders and members of their governing body.
The law grants the GOC exceptions from several requirements applicable to other religious groups, including payment of taxes on the construction, restoration, and maintenance of religious buildings and the payment of taxes on property. It exempts the Georgian Orthodox Patriarchate, but not other religious groups, from taxes on “profit from the sale of crosses, candles, icons, books, and calendars used…for religious purposes.” In addition, the law states only the GOC may acquire nonagricultural state property through a direct sale by the government. Should other religious groups wish to acquire this type of property, they must participate in public tenders. Only the GOC has the right to acquire agricultural state property free of charge; all others must pay a fee. On May 22, parliament passed amendments to the forest code granting the Church ownership over state forests located near or adjacent to churches and monasteries.
The criminal code prohibits interference with worship services, persecution of a person based on religious faith or belief, and interference with the establishment of a religious organization; the code does not define “establishment.” Interference with the establishment of a religious organization is punishable by a fine, correctional work (community service) for up to one year, or imprisonment for up to two years. Violations committed by public officials are considered abuses of power and are punishable by larger fines or longer terms of imprisonment if committed by force of arms or by insulting the dignity of a victim, although the law does not define “insult” and does not specify an amount or time limit for punishment under those circumstances. In cases of religious persecution, the perpetrator may face imprisonment for up to three years, depending on the use or threat of violence, his or her official position, and the damages caused. In cases of unlawful interference with the right to perform religious rituals involving the use or threat of violence, offenders may face imprisonment for up to two years; in cases where the offender holds an official position, the offender may face up to five years in prison.
According to a 2010 Ministry of Justice decree, accused and convicted individuals may meet only with spiritual representatives of the GOC and registered religious organizations. Prison regulations state prisoners have the right to possess and use religious literature and objects of worship.
Although the law states that public schools may not be used for religious indoctrination, proselytizing, or forcible assimilation, the concordat accords the GOC the right to teach religious studies in public educational institutions, pending additional legislation, and authorizes the state to pay for Georgian Orthodox religious schools. The law states that students may pursue religious study and practice religious rituals on school grounds “of their own accord,” but only after school hours. Outside instructors, including clergy of any denomination, may only attend or direct students’ religious education or activities if students invite them to do so; school administration and teachers may not be involved in this process. The law includes no specific regulations for private religious schools. Private schools must follow the national curriculum, although they are free to add subjects, including religious studies, if they wish.
The MOIA’s Department of Human Rights is responsible for assessing whether crimes are motivated by religious hatred and for monitoring the quality of investigations into hate crimes.
By law, the PGO, which is separate from the MOIA, prosecutes human rights violations involving religious intolerance, while the Public Defender’s Office serves as the country’s human rights ombudsman and monitors complaints of restrictions on religious freedom. The Public Defender’s Office’s Tolerance Center carries out educational activities and monitors and analyzes cases of religious and ethnic discrimination. It also coordinates the Public Defender’s Office-affiliated Council of Religions and Council of Ethnic Minorities. The Council of Religions has a mandate to protect religious freedom; facilitate a constructive multilateral dialogue among various religious groups; promote a tolerant, fair, and peaceful environment for religious groups; and engage religious minorities in the process of civic integration. It produces an annual report on the status of religious freedom in the country that includes policy recommendations.
The State Inspector Service, a separate investigative body from the PGO, investigates crimes such as torture, degrading treatment, and abuse of power and abuse of office perpetrated by representatives of law enforcement and public officials if they are committed by use of force or violate the personal dignity of a person and involve discriminatory elements or features, including religious motives. Following the investigation, the service refers these cases to the PGO for prosecution. Since its creation in May 2019, the service has not received any information on a religiously motivated crime.
SARI’s mandate is to promote and ensure peaceful coexistence based on principles of equality and tolerance. Its stated responsibilities include researching the existing religious situation and reporting to the government, preparing recommendations and draft legal acts for government consideration, and serving as a consultative body and intermediary for the government in disputes arising between religious associations. SARI may issue nonbinding recommendations to relevant state institutions regarding approval of applications for the construction of religious buildings, determination of their locations, and transfer of such properties to religious organizations. SARI distributes government compensation to the GOC and to Islamic, Jewish, Roman Catholic, and Armenian Apostolic religious organizations registered as legal entities for “the material and moral damages inflicted upon them during the Soviet period.”
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The Tolerance Institute again stated that the MOIA generally correctly applied the appropriate articles of the criminal code in most cases and the quality of investigations of crimes motivated by religious hatred continued to improve. The institute stated, however, that the PGO continued to fail to determine whether an individual was a “victim” of a crime under law (i.e., a person who has incurred moral, physical, or material damage as a result of a crime) and to indict individuals for religiously motivated crimes.
During the COVID-19 pandemic, the government declared a state of emergency from March 21 through May 22. According to religious organizations and NGOs, due to the public’s and religious groups’ adherence to government-imposed restrictions, public religious activity declined. NGOs said SARI was unresponsive to minority religious groups’ requests for clarification on restrictions relating to in-person religious services, while it granted the GOC exceptions to or not did not enforce restrictions, thereby enabling the Church to continue hosting in-person religious services, including Orthodox Easter services on April 19.
The NAPR did not register any new religious organization as a legal entity during the year. It rejected the registration application of the Christian Church for All Nations for the second year in a row. The NAPR found the group’s legal documentation was insufficient and requested additional documentation. As of year’s end, the group’s registration process remained suspended pending presentation of additional materials.
Most prisons continued to have Georgian Orthodox chapels and areas for prayer. Muslims were allowed to pray in their cells or prayer areas and to possess Qurans and prayer rugs. According to SARI and Catholic, Armenian Apostolic, Baptist, Muslim, and Jewish groups, prisoners had access to counseling and services for their religion upon request. The government provided accommodation for the dietary restrictions of Muslim and Jewish prisoners. During religious holidays, prisoners were exempt from fulfilling their regular duties.
According to NGOs and minority religious groups, many religious issues, such as tax exemptions and restitution issues, continued to lack a clear legislative framework. SARI and some religious groups’ representatives, including members of the Jewish community and the Armenian Apostolic Church, said they remained in favor of drafting a new, broader “law on religion” to define which groups would be eligible for these and other benefits and to address issues pertaining to the registration and legal status of religious groups and the teaching of religion in public schools. Many civil society representatives and members of other religious groups, including some individuals from the Muslim community, the Catholic Church, and the Evangelical Baptist Church, however, remained opposed, arguing such legislation would allow the government to discriminate against smaller religious communities and increase its leverage over them. They advocated instead making benefits available to all religious groups or to none.
Parliament failed to take action during the year to amend the law granting the GOC tax and property privileges not available to other religious groups, despite a 2018 Constitutional Court ruling that the law was unconstitutional and mandating parliament make legislative changes to either abolish the privileges or grant them to all religious organizations no later than December 31, 2018.
On May 13, the Constitutional Court announced its decision that the case brought by nine religious organizations claiming the GOC’s exclusive property tax exemption on land used for noneconomic purpose violated the constitutional provision guaranteeing equality before the law had merit and would be admitted for substantive consideration. The court had not started this review at year’s end.
On February 20, the Constitutional Court heard arguments on whether to accept for substantive consideration a case brought by nine religious organizations challenging restrictions on the rights of religious organizations other than the GOC to purchase or exchange state-owned property. As of year’s end, the court had not reached a decision.
The Tolerance Institute and other NGOs criticized as unconstitutional and discriminatory amendments passed in May to the Forest Code that granted only the GOC ownership over state forests located near or adjacent to churches and monasteries.
NGOs and some Muslim community leaders stated the government continued to favor and influence the state-funded AMAG, including by influencing the selection of AMAG’s religious leader and selectively transferring land to AMAG. The groups said AMAG was a “Soviet-style” organization that served as a tool of the state to monitor and control religious groups. A number of Muslim groups remained critical of AMAG for insisting it represented all Muslim communities in the country within one organization. Following the December 25, 2019, election of Mufti Shantadze as the new AMAG leader, head of the AMAG education department Mikeladze resigned and made a televised statement saying Shantadze was the candidate of the state security service and his appointment would not benefit the interests of Muslims. Three other leaders – press center head Nadiradze, advisor to the mufti Temur Gorgadze, and publishing house head Gela Gogitidza – also resigned. During the year, Mikeladze and Nadiradze returned to AMAG, and Mikeladze continued to hold senior offices in the education department. Mikeladze and Nadiradze made no statements addressing their departure or return.
At year’s end, the Tbilisi City Court had not ruled on the Armenia Apostolic Church’s January 2018 appeal of the NAPR’s decision to register as the GOC’s property a church that the Armenian Apolstolic Church claimed to own since the collapse of the Soviet Union. The Armenian Apostolic Church continued to petition SARI for restitution of five churches in Tbilisi and one in Akhaltsikhe, all of which the GOC also claimed and authorities registered as state property. As of year’s end, SARI had not officially responded to any of the Armenian Church’s 57 petitions, 20 of which it filed in 2015 and 37 in 2018, for ownership or right-of-usage status. The Armenian Apostolic Church said the only communication from SARI during the year was SARI chairman Zaza Vashakmadze telling the group the issue was “under consideration.” The Church reported it operated all 57 churches in the country but did not own any of them. The Church also stated it had not petitioned NAPR during the year to register them as Church-owned property. SARI said the Armenian Apostolic Church had not provided sufficient evidence of ownership but that it was in communication with the Church and expressed willingness to cooperate in the future.
Muslim community members continued to state there was a lack of transparency in government decisions regarding construction of mosques. The Muslim community continued to dispute the government’s ownership of mosques in Kvemo Kartli, Adigeni, and Adjara. The government owned the land as a legacy from the Soviet period and, in some cases, said the existing mosques were former Georgian Orthodox houses of worship that had been converted during the Ottoman and Persian empires or were constructed during those periods on land where Georgian Orthodox houses of worship had once stood. AMAG reported that when the government transferred state-owned mosques, it only did so for AMAG to use for a 49-year or unlimited period; the government did not transfer full ownership of the property or land.
The Kutaisi Court of Appeal held hearings in February and July on the Batumi city government’s appeal connected to its 2017 decision to deny the local Muslim community a permit to build a mosque but did not reach a decision by year’s end. In 2019, the Batumi City Court ruled that the Batumi city government had discriminated against the New Mosque Construction Fund (an entity representing members of the Batumi Muslim community seeking to establish a new mosque) by denying the permits necessary to build a new mosque on land the fund owned. The lower court ordered the mayor’s office to reconsider its decision. The Batumi city government rescinded the 3,000 lari ($920) fine it had imposed in 2017 for the construction of a temporary wooden structure built on the fund’s land, pending the outcome of the appeal. The NGO Human Rights Education Monitoring Center (EMC) described the status of the case as “frozen.”
The government continued to pay subsidies for the restoration of religious properties it considered national cultural heritage sites. The National Agency for Cultural Heritage, housed within the Ministry of Education, Science, Culture, and Sport, allocated 1.91 million lari ($584,000) during the year for the restoration of religious monuments, compared with 2.3 million lari ($703,000) in 2019.
As of year’s end, the Supreme Court failed to act on a 2018 EMC appeal of a lower court ruling that the MOIA had not discriminated against Muslims when it failed to prevent vandalism against an Islamic boarding school that was under construction in Kobuleti, near Batumi, in 2014. The vandalism followed anti-Turkish and anti-Muslim protests concerning the school. As a result of the protests, the local municipality refused to connect sewage and water systems. In 2018, a lower court ruled the municipality had to connect the school to utility services, but the municipality took no action, and the boarding school remained incomplete as of year’s end, without water and sewage services.
Tolerance Institute representatives continued to state that religious education in public schools persisted, although the law provided for religious neutrality and nondiscrimination. The GOC did not offer any formal religious studies classes in public institutions. Although the GOC had the right to have direct involvement in public institutions, such as schools, under the concordat, the government did not define clear legal structures for it to do so. Prior to schools being closed in February due to COVID-19 restrictions, NGOs and non-Georgian Orthodox organizations, such as the EMC, reported Georgian Orthodox clergy often visited classes during the regular school day, sometimes at the initiative of teachers or school administrators, despite the law restricting such visits to after hours.
As a result of the COVID-19 pandemic, the government shifted the majority of schools to online instruction, and there were no reports of religious discrimination in schools during the year. The Tolerance Institute stated that students were also hesitant to report cases of religious discrimination in schools for fear of reprisal from fellow students, teachers, or school officials. The institute also reported the process for selecting textbooks became more inclusive, with the Ministry of Education inviting human rights experts to review the content for discriminatory or biased language that favored the GOC.
During the year, the Tolerance Institute represented two Seventh-day Adventist university applicants who, due to their religious beliefs, could not take entrance examinations on Saturday and were denied a date change by the government. The institute filed suit with the Tbilisi City Court, and the court ruled that the government was obligated to reschedule the examination to accommodate the applicants’ religious beliefs. The court stressed the importance of freedom of religion and respecting the needs of religious minorities in the context of the right to equality. The Equality Department of the Public Defender’s Office issued a general proposal to the Ministry of Education, based on information provided by the Tolerance Institute, recommending the ministry take into account the needs of religious minorities. Although the applicants successfully passed the examinations and enrolled in university, the case remained pending at year’s end, as the Tolerance Institute asked the court to find that the ministry had discriminated against the applicants because of their religion and to award “symbolic compensation” of one lari (22 cents) for “moral damage.”
During the year, the government through SARI allocated 25 million lari ($7.65 million) to the GOC and 3.5 million lari ($1.07 million) to approved non-Georgian Orthodox religious communities to provide partial compensation for damage caused during the totalitarian Soviet regime. The 3.5 million lari ($1.07 million) was distributed as follows: 2.20 million lari ($673,000) to the Muslim community, represented by AMAG; 400,000 lari ($122,000) to the Roman Catholic Church; 600,000 lari ($183,000) to the Armenian Apostolic Church; and 300,000 lari ($91,700) to the Jewish community. SARI said the remaining one million lari ($306,000) would be distributed among the religious communities “later.” This was a decrease from the 2019 amounts: 25 million lari ($7.65 million) to the GOC; 2.75 million lari ($841,000) to the Muslim community, represented by AMAG; 550,000 lari ($168,000) to the Roman Catholic Church; 800,000 lari ($245,000) to the Armenian Apostolic Church; and 400,000 lari ($122,000) to the Jewish community. SARI’s position was that the payments were of “partial and of symbolic character,” and that the government continued to take into account levels of damage and “present day negative conditions” of religious groups in determining compensation. NGOs and religious groups continued to criticize the exclusion of other religious groups, including the Evangelical Lutheran Church, from the legislation designating the five groups eligible to receive compensation, and they questioned the criteria the government used to select which groups received compensation.
The MOIA Department of Human Rights conducted eight training sessions during the year – five total in Tbilisi and Batumi and three online. At these events, it trained 139 MOIA employees on aspects of religious discrimination and hate crimes. Fifteen employees completed the ministry’s remote learning course on hate crimes investigation.
In October, the Public Defender’s Office-affiliated Council of Religions produced its annual report on the status of religious freedom in the country. The report identified areas needing improvement and made specific recommendations in the following categories: legislative regulation of freedom of religion; crimes motivated by intolerance; state policy on freedom of religion; property issues; border crossing by religious groups; the import of religious literature; police conduct in areas with ethnic and religious minorities; education; reflecting diversity; confronting hate speech and anti-Western propaganda; and the role of the media. During the October conference to discuss the report’s recommendations, many NGO and religious leaders said they were disappointed that the council’s recommendations were similar or identical to those it had made in past years, with no improvement or progress on the issues identified.
The Georgian regions of Abkhazia and South Ossetia remained occupied by Russia and outside the administrative control of the central government. Reliable information from those regions continued to be difficult to obtain. According to the “constitution” adopted in Abkhazia, all persons in the region are equal before the law regardless of religious beliefs and everyone has the right to freedom of religion, conscience, and belief. It forbids the formation of associations or parties or activities that incite religious discord. The “constitution” of South Ossetia guarantees freedom of conscience and faith but states, “Orthodox Christianity and traditional South Ossetian beliefs represent one of the foundations of the national self-awareness of the Ossetian people.”
The Russian Orthodox Church and the GOC both formally recognized the Orthodox churches in Abkhazia as well as in South Ossetia as belonging to the GOC, but GOC representatives said de facto authorities in South Ossetia pressured Orthodox churches to merge with the Russian Orthodox Church. Sources stated that the Russian Orthodox Church tacitly and unofficially supported breakaway churches that did not have official autocephaly from the GOC. De facto authorities continued to restrict Georgian Orthodox clergy’s accessing these areas. According to media reports from online news outlets, such as Netgazeti and Resonance Daily, as well as experts on the region, some religious figures in Abkhazia continued to support turning the region’s Orthodox churches into an autocephalous Abkhaz Orthodox Church, while others wished to subordinate them to the Russian Orthodox Church, and still others wished to subordinate them to the Ecumenical Patriarchate of Constantinople.
De facto authorities in both Abkhazia and South Ossetia continued to ban Jehovah’s Witnesses. According to anecdotal reports, however, Jehovah’s Witnesses continued be able to rent space for kingdom halls in Abkhazia.
Representatives of the GOC remained unable to travel to or conduct services in Russia-occupied Abkhazia, including in the majority-ethnic Georgian Gali District. According to GOC representatives, the district’s ethnic Georgian population continued to have to travel to Tbilisi-administered territory to celebrate religious holidays.
The government and GOC continued to say the de facto authorities damaged historical Orthodox religious buildings in an attempt to erase Georgian cultural heritage, but they did not cite specific examples.
According to GOC representatives, de facto authorities allowed the GOC to conduct services in South Ossetia, although the de facto authorities said such services were illegal. There were Georgian Orthodox churches in the ethnic-Georgian-majority district of Akhalgori. SARI again reported it was not allowed to enter the occupied territory. It said it was unable to monitor houses of worship in South Ossetia and that the status of most properties in the territory was unknown. According to a report from Amnesty International released in 2019, residents in and outside of South Ossetia were impeded from visiting a number of churches and cemeteries within South Ossetia located near the administrative boundary line with the rest of Georgia because of the threat of detention by Russian guards. The report said residents were unable to visit the village cemetery in Kveshi and were impeded from visiting eight other cemeteries in South Ossetia near the administrative boundary line.
GOC representatives said de facto authorities in South Ossetia continued to pressure the Orthodox churches in the territory to merge with the Russian Orthodox Church.
Section III. Status of Societal Respect for Religious Freedom
According to religious organizations and NGOs, due to government-imposed COVID-19 pandemic restrictions on public activity, crimes committed against religious groups declined compared with 2019. The MOIA investigated 22 cases involving crimes reported as religiously motivated, compared to 44 cases in 2019. These included three cases of unlawful interference with the performance of religious rites (compared with 10 in 2019), four cases of persecution (compared with 10 in 2019), and five cases of damage or destruction of property (compared with eight in 2019).
The Public Defender’s Office reported it received seven complaints of discrimination or hate crimes based on religion during the year, compared with 19 in 2019. Two of the complaints involved violence; the office did not give further details on these cases. The office stated that cases from previous years remained largely unresolved, partly because of a lack of urgency and resources from the government.
The PGO reported it prosecuted three individuals for crimes against Jehovah’s Witnesses motivated by religious intolerance. Two of these individuals were convicted of domestic violence committed due to religious intolerance, and the third case remained pending at year’s end. The PGO reported that in one case, a man slapped his wife during an argument on March 8 because she refused to visit her son’s gravesite due to her beliefs as a Jehovah’s Witness. On April 23, the Samtredia District Court found the man guilty of domestic violence committed in the presence of a minor and due to religious intolerance, and sentenced him to an 18-month conditional prison sentence. On June 19, on appeal, the Kutaisi Appellate Court increased the man’s conditional prison sentence to two years. On March 1, a man threatened to shoot two Jehovah’s Witnesses who were proselytizing in his apartment building if they did not stop their religious activity and leave the building. The PGO charged the man with persecuting an individual for engaging in religious activity with the aggravated circumstance of threat of violence, and the case was pending trial at the Tbilisi City Court at year’s end.
Jehovah’s Witnesses said there were fewer attacks against members compared to prior years because the group, in response to COVID-19 restrictions, shifted to online activities and ceased conducting public outreach, including door-to-door evangelism. At year’s end, Jehovah’s Witnesses reported eight religiously motivated incidents to the government, compared with 20 in 2019. Of the reported incidents, one involved physical violence, four involved vandalism or other damage against Kingdom Halls, and three involved interference with religious services or damage of other property or literature. Jehovah’s Witnesses said police sent one of the cases to the PGO for prosecution. Police were still investigating the seven others at year’s end. According to the Public Defender’s Office, the PGO made improvements compared with prior years in classifying crimes as being motivated by religious intolerance, especially in cases involving Jehovah’s Witnesses.
As of year’s end, the Tbilisi City Court had not ruled on a 2019 case in which an individual verbally insulted, then physically attacked, a Jehovah’s Witness who had just left a religious service at a Kingdom Hall in Tbilisi. The victim required medical treatment for injuries to his eye and lip, and officials charged the attacker with “purposeful, less grave damage to health.”
Authorities reported no arrests or other progress in open investigations of incidents from past years against Jehovah’s Witnesses or their property.
Representatives of the Public Defender’s Office’s Tolerance Center and minority religious groups continued to report what they termed a widespread societal belief that minority religious groups posed a threat to the GOC and to the country’s cultural values.
Minority religious communities, including Muslims, Jehovah’s Witnesses, Catholics, and Protestants, continued to report resistance from local communities to their establishment of places of worship and religious schools.
The Media Development Foundation documented 30 instances during the year of religiously intolerant statements on television, online, and in printed media by media representatives, political parties, clergy, public organizations, and others, compared with 55 such incidents in 2019.
In May, Georgian Orthodox clergyman Basil Mkalavishvili told the news website Georgia and the World, “As soon as this terrible epidemic [of COVID-19] has spread to all continents, all countries should have started intensified praying, but unfortunately, the reverse has happened. The leaders of the Roman Catholic Church closed their churches, prohibited praying; although their prayers have no merit anyway, as in the 11th century they swerved from Orthodoxy and embarked on the road of sacrilege.”
There were instances, particularly in Western Georgia, of anti-Islamic rhetoric that took the form of anti-Turkish rhetoric and opposition to perceived “foreign influence.” On February 16, Alliance of Patriots party member Giorgi Kasradze criticized the perceived foreign influence of Turkish Muslims on the country, saying on TV Obiektivi, “They [Turkish Muslims] have tried many times to stage various provocations in this region, including building an Azizie Mosque in the center of Batumi, but 15,000 [Georgian] Muslims, altogether 70,000 people, of whom 15,000 were Muslims, resisted construction of a mosque by Turkish money.”
In April, Sandro Bregadze, leader of the nativist movement Georgian March, told the news outlet Sakinpormi, “In Zugdidi [City] the main source of coronavirus is the sect of Jehovah’s Witnesses. Have you noticed how they are concealing this information? Can you imagine the fuss if this disease were spread from the Church congregation? That is the problem – 90 percent of Georgian television networks are belligerent enemies of the Georgian nation, Orthodoxy, and the Georgian state! A national boycott to this offspring of Satan.”
On December 20, Georgian Orthodox Metropolitan Gamrekeli delivered a sermon that included a story about the fourth-century saint Ambrose of Milan. In the story, Saint Ambrose argued against punishing those responsible for a pogrom against the Jewish community on the grounds that Jews had not been held fully responsible for killing Christ, desecrating the Holy Land, or blasphemy. In the sermon, Gamrekeli referred to modern-day Jews as individuals who, under the guise of free speech, defamed the Church, and said, “This is not defined by ethnicity – this is a battle of the lineage of infidels against the Church.” On December 28, the Tolerance Institute issued a statement saying, “Despite the fact that the Bishop refers to the story of Ambrose of Mediolanum, in this context he repeats the narratives of the ‘generation/lineage of infidels’ and ‘fighters against the Church’ in reference to the Jewish people. We consider that citing this particular example and calling Jewish people these derogatory terms (even though attributing them to the life of the saint) reinforces anti-Semitic sentiments and stereotypes today.” In response to the Tolerance Institute’s statement, the Georgian ambassador to Israel defended the Metropolitan’s statement, saying his words had been misinterpreted, as the story was simply the retelling of a historical parable, and the Metropolitan said in the sermon the lessons from the parable should not apply to one ethnicity. The GOC subsequently issued a statement condemning anti-Semitism.
Section IV. U.S. Government Policy and Engagement
The Ambassador and other embassy officials met with officials from the government, including SARI, the Prime Minister’s adviser on human rights and gender equality, and the President’s adviser on national minorities, to encourage dialogue between the government and minority religious groups. They also continued to meet with the Public Defender’s Office and officials in its Tolerance Center to discuss discrimination against religious groups and stress the importance of interfaith dialogue.
Embassy staff continued to meet with NGOs involved with religious freedom issues, including the Center for Development and Democracy, the Human Rights Education and Monitoring Center, the Tolerance Institute, and the 21st Century Union, to discuss interfaith relations, the integration of religious minorities into society, and the promotion of religious freedom for all.
The Ambassador and other embassy officials visited the Samtskhe-Javakheti, Kvemo Kartli, and Adjara regions on several occasions to meet with local religious leaders, including from the Sunni and Shia Muslim and Armenian Apostolic Orthodox communities. In these meetings, embassy officials advocated interfaith understanding, dialogue, and the peaceful coexistence of all religions. The Ambassador met with Georgian Orthodox Patriarch Ilia II and other senior GOC members on multiple occasions. In her meetings, she stressed the importance of the Church’s role in promoting religious diversity and tolerance.
In November, the Secretary of State met with Patriarch Ilia II in Tbilisi and discussed promoting and protecting religious freedom.
The embassy conducted a virtual program for a multiethnic group of young professionals under an exchange program focusing on inclusion, diversity, and equality. The program highlighted, among other things, the importance of freedom of religion. The embassy supported a number of religious freedom projects, including a discussion on human dignity and the GOC that brought together clergy and staff of the Georgian Orthodox patriarchate and public figures, nongovernmental human rights organizations, and scholars studying theology and religion with the goal of increasing awareness of human rights within the Church community. Another project aimed to encourage religious leaders of all faiths to promote democracy and foster civic engagement in their communities. The embassy’s English language programs in Marneuli, Akhalkalaki, and Ninotsminda targeted 25 socially disadvantaged students from religious minority groups.
The embassy continued to support the Tolerance Center and the Council of Religions programs that brought together leaders from different faith communities to monitor and advocate for religious freedom and raise public awareness about discrimination faced by religious and ethnic minorities. The embassy supported the Human Rights Education and Monitoring Center’s “Improving Human Rights Conditions for Marginalized Groups through Strategic Litigation” project to protect the rights of minority religious groups through strategic litigation, field work, advocacy, and awareness-raising with regard to problems such as discrimination on religious and ethnic grounds in relations with state and private persons, unequal treatment in the recognition of property and construction rights, and hate crimes.
In September, the embassy announced a cultural preservation award to restore the Jvari Monastery, a Georgian Orthodox monastery near Mtskheta (the former capital of the Georgian Kingdom of Kartli-Iberia) and one of the country’s most iconic cultural sites.
The embassy regularly used social media to highlight meetings with government officials, religious groups, and civil society and events promoting religious tolerance.
Germany
Executive Summary
The constitution prohibits religious discrimination and provides for freedom of faith and conscience and the practice of one’s religion. The country’s 16 states exercise considerable autonomy on registration of religious groups and other matters. Unrecognized religious groups are ineligible for tax benefits. Federal and some state offices of the domestic intelligence service continued to monitor the activities of certain Muslim groups and mosques. Authorities also monitored the Church of Scientology (COS), which reported continued government discrimination against its members. Certain states continued to ban or restrict the use of religious clothing or symbols, including headscarves, for some state employees. Senior government leaders continued to condemn anti-Semitism and anti-Muslim sentiment and acts. In September, Chancellor Angela Merkel described anti-Semitism as an attack on the dignity of individuals that “must be fought decisively” – ideally with education, but with the full strength of the criminal law system when necessary. Government officials responded to revelations of right-wing, anti-Semitic chat groups within police and the military by demanding investigations and dismissing those involved. Two additional state governments appointed anti-Semitism commissioners for the first time, bringing the total number of states with such commissioners to 15 (out of 16), in addition to the federal Jewish life and anti-Semitism commissioner. In October, the government announced it would increase social welfare funding for Holocaust survivors by 30.5 million euros ($37.4 million) in 2021 and provide an additional 564 million euros ($692 million) over the next two years to help Holocaust survivors cope with the burdens of the COVID-19 pandemic.
During a Sukkot celebration for students at the Hohe Weide Synagogue in Hamburg on October 4, a man wearing a military-style uniform struck a Jewish student in the head with a shovel, leaving the victim with a serious head injury. Police arrested the attacker, and a criminal trial was pending. Authorities including Foreign Minister Heiko Maas, Minister of Justice Christine Lambrecht, and Hamburg Mayor Peter Tschentscher condemned the attack. There were numerous reports of anti-Semitic, anti-Muslim, and anti-Christian incidents. These included assaults, verbal harassment, threats, discrimination, and vandalism. Federal crime statistics for 2019 cited 2,032 anti-Semitic crimes during the year, an increase of 13 percent from 2018. Seventy-two of those crimes involved violence. Federal crime statistics attributed 93.4 percent of anti-Semitic crimes in 2019 to the far right. In November, Federal Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism Felix Klein stated anti-Semitism was emerging as a common theme among groups of widely differing political backgrounds that were gathering to protest pandemic lockdown measures. From mid-March to mid-June, the Research Center for Information on Anti-Semitism (RIAS), which is partially government-funded, registered anti-Semitic incidents at 123 separate demonstrations against restrictions to prevent the spread of COVID-19. The head of the Central Council of Jews said to the media in May that right-wing protesters were using anxieties stirred up by the pandemic to spread anti-Semitic conspiracy theories on the internet. Demonstrations also occurred expressing anti-Muslim sentiment.
The U.S. embassy and five consulates general assessed the government’s responses to incidents of religious intolerance; expressed concerns about anti-Semitic, anti-Muslim, and anti-Christian acts; and advocated for more law enforcement and other resources to prevent violent attacks on religious communities. A senior embassy official met with the federal commissioner for global freedom of religion at the Ministry for Economic Cooperation and Development in September. Consuls General met with state-level government representatives and anti-Semitism commissioners. The embassy and consulates general maintained a dialogue with a broad spectrum of religious communities and human rights nongovernmental organizations (NGOs) on their concerns about religious freedom and on ways to promote tolerance and communication among religious groups.
Section I. Religious Demography
The U.S. government estimates the total population at 80.2 million (midyear 2020 estimate). Unofficial estimates based on the census and figures provided by religious groups indicate approximately 27 percent of the population is Catholic and 25 percent belongs to the EKD – a confederation of Lutheran, Reformed (Calvinist), and United (Prussian Union) Protestant regional churches. Other Protestant denominations, including the New Apostolic Church, Baptist communities, and nondenominational Christians, account for approximately 2 percent of the population. Orthodox Christians represent 1.9 percent of the population.
According to the most recent government estimates, approximately 5.7 percent of the population is Muslim, of which 75 percent is Sunni, 13 percent Alevi, and 7 percent Shia; the remainder includes Alawites (70,000), Ahmadis (35,000), and Sufis (10,000). Intelligence officials estimate there are approximately 12,150 Salafi Muslims in the country. Estimates of the Jewish population vary widely; the Central Council of Jews estimates it at 94,771, while other estimates place the number at approximately 190,000 when including Jews who do not belong to a specific Jewish community. According to the secular NGO Religious Studies Media and Information Service (REMID), Buddhists (270,000); Jehovah’s Witnesses (167,000); Hindus (100,000); Yezidis (100,000); members of The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ) (40,000); Sikhs (10,000-15,000); and members of the COS (3,400) together constitute less than 1 percent of the population. All of REMID’s estimates are based on members who have registered with a religious group. According to the nonprofit Research Group Worldviews Germany, approximately 39 percent of the population either has no religious affiliation or belongs to religious groups not counted in government statistics.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution prohibits discrimination based on religious opinion and provides for freedom of faith and conscience, freedom to profess a religious or philosophical creed, and freedom to practice one’s religion. It also prohibits an official state church. It stipulates no one shall be required to disclose his or her religious convictions nor be compelled to participate in religious acts. The constitution states religious instruction shall be part of the curriculum in public schools, and parents have the right to decide whether their children receive religious instruction. It recognizes the right to establish private denominational schools. The constitution guarantees the freedom to form religious societies and permits groups to organize themselves for private religious purposes without constraint. It allows registered religious groups with Public Law Corporation (PLC) status to receive public subsidies from the states and to provide religious services in the military, hospitals, and prisons.
The General Act on Equal Treatment has been in force since August 2006. The purpose of the act is to prevent or stop discrimination on the grounds of race or ethnic origin, gender, religion or belief, disability, age, or sexual orientation.
The federal criminal code prohibits calling for violence, inciting hatred, or taking arbitrary measures against religious groups or their members. Violations are punishable by up to five years in prison. It also prohibits “assaulting the human dignity of religious groups or their members by insulting, maliciously maligning, or defaming them,” specifying a maximum penalty of five years in prison, although prison sentences are rare. The prohibition and penalties apply equally to online speech. The federal criminal code prohibits disturbing religious services or acts of worship, with violators subject to a fine or imprisonment for up to three years. The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred, specifying a penalty of up to five years’ imprisonment.
By law, social media companies with more than two million registered users in the country must implement procedures to review complaints and remove or block access to illegal speech within seven days of receiving a complaint and within 24 hours for cases considered “manifestly unlawful.” Noncompliance may result in fines of up to 50 million euros ($61.3 million). Unlawful content includes actions illegal under existing criminal code, such as defamation of religions and denial of historic atrocities.
The law permits the federal government to characterize “nontraditional” religious groups – such as the COS – as “sects,” “youth religions,” and “youth sects” and allows the government to provide “accurate information” or warnings about them to the public. The law does not permit the government to use terms such as “destructive,” “pseudo-religious,” or “manipulative” when referring to these groups. Several court decisions have ruled that the government must remain neutral toward a religion and may provide a warning to the public only if an “offer” by a religious group would endanger the basic rights of an individual or place the individual in a state of physical or financial dependence.
Religious groups wishing to qualify as nonprofit associations with tax-exempt status must register. State-level authorities review registration submissions and routinely grant tax-exempt status; if challenged, their decisions are subject to judicial review. Those applying for tax-exempt status must provide evidence they are a religious group through their statutes, history, and activities.
A special partnership exists between the states and religious groups with PLC status, as outlined in the constitution. Any religious group may request PLC status, which, if granted, entitles the group to levy tithes (8 percent of income tax in Bavaria and Baden-Wuerttemberg, 9 percent in the other states) on members, who must register their religious affiliation with federal tax authorities. Each state collects the tithes on behalf of the religious community through the state’s tax collection process, separately from and in addition to income taxes. PLCs pay fees to the government for the tithing service, but not all groups with PLC status utilize the service. PLC status also allows for benefits, including tax exemptions (larger than those given to groups with nonprofit status), representation on supervisory boards of public television and radio stations, and the right to special labor regulations. State governments subsidize institutions with PLC status that provide public services, such as religious schools and hospitals. In addition, due to historic “state-church contracts” dating back to pre-1919 Germany, all state governments except for Bremen and Hamburg subsidize the Catholic Church and the EKD with different yearly amounts.
According to the constitution, the decision to grant PLC status is made at the state level. Individual states base PLC status decisions on a number of varying qualifications, including an assurance of the group’s permanence, size, and respect for the constitutional order and fundamental rights of individuals. An estimated 180 religious groups have PLC status, including Catholics, the EKD, Baha’is, Baptists, Christian Scientists, Jehovah’s Witnesses, Jews, Mennonites, Methodists, the Church of Jesus Christ, the Salvation Army, and Seventh-day Adventists. Ahmadi Muslim groups have PLC status in the states of Hesse and Hamburg; no other Muslim communities have PLC status. The COS does not have PLC or nonprofit status in any state.
Federal animal protection laws prohibit the killing of animals without anesthesia, including as part of halal and kosher slaughter practices. Pursuant to a Federal Administrative Court decision, however, trained personnel may kill animals without anesthesia in a registered slaughterhouse under observation of the local veterinary inspection office if the meat is for consumption only by members of religious communities whose beliefs require slaughtering animals without anesthesia.
According to a 2015 ruling by the Federal Constitutional Court, general headscarf bans for teachers at public schools are a violation of religious freedom, but implementation is left to the states, which may determine if special circumstances apply. The states of Bavaria, North-Rhine Westphalia (NRW), and Saarland render decisions on a case-by-case basis. Schleswig-Holstein, Hamburg, Bremen, and Lower Saxony do not prohibit headscarves for teachers. Hesse permits teachers to wear headscarves as long as doing so does not impair “school peace” or threaten perceptions of state neutrality. Berlin’s Neutrality Law bans visible signs of religious affiliation for police, lawyers, judges, and law enforcement staff but, as of 2020, not for primary and secondary school teachers. In Lower Saxony, judges and prosecutors may not wear religious symbols or clothing in the courtroom. Other states have laws that restrict religious attire in certain circumstances.
Citing safety reasons and the need for traffic law enforcement, federal law prohibits the concealment of faces while driving, including by a niqab. Infractions are punishable by a 60-euro ($74) fine.
According to federal law, religious groups may appoint individuals with special training to carry out circumcision of males under the age of six months. After six months, the law states circumcisions must be performed in a “medically professional manner” and without unnecessary pain.
All states offer religious instruction and ethics courses in public schools. Religious communities with PLC status (or those without such status that have concluded a special agreement with the state granting them this right) appoint religion teachers and work with the states to ensure the curriculum is in line with the constitution; the states pay the teachers’ salaries. Most public schools offer the option of Protestant and Catholic religious instruction in cooperation with those Churches, as well as instruction in Judaism if enough students (usually 12, although regulations vary by state) express an interest. Bavaria, Baden-Wuerttemberg, Berlin, Hesse, Lower Saxony, NRW, Rhineland-Palatinate, Saarland, and Schleswig-Holstein also offer some religious instruction in Islam. In most federal states, Muslim communities or associations provide this instruction, while in Bavaria and Schleswig-Holstein, the state does. In Hamburg and Bremen, nondenominational religious instruction is offered for all students by the Protestant Church and the state, respectively.
Students who do not wish to participate in religious instruction may opt out; in some states, those who opt out may substitute ethics courses. State authorities generally permit religious groups to establish private schools as long as they meet basic curriculum requirements. Schooling is constitutionally mandated, and homeschooling, including for religious reasons, is prohibited in all states.
The government provides annual payments to Holocaust victims and their descendants, and regularly expands the scope of these programs to broaden the eligibility requirements.
Government Practices
In January and again in July, the Baden-Wuerttemberg Free Democratic Party (FDP) requested an examination of whether Jehovah’s Witnesses fulfilled the conditions for PLC status in that state. In both instances, the state education ministry affirmed there was no reason to revoke the status. In August, the FDP’s speaker for religious affairs once again urged the ministry to review the group’s eligibility for PLC status due to its prohibition of blood transfusions for children. Jehovah’s Witnesses have held PLC status in all states since 2017.
In March, the federal government established a cabinet committee to combat right-wing extremism and racism. The committee drew up a catalog of 89 concrete measures, many of which aim at combating anti-Semitism. The federal government stated it would provide more than one billion euros ($1.23 billion) for the projects between 2021 and 2024.
In June, Federal Family Minister Franziska Giffey launched a network to provide government resources and foster connections between educational institutions and research centers working to combat anti-Semitism. The federal government stated it would support a new anti-Semitism competence center with two million euros ($2.5 million) over the next four years.
In July, more than 60 scientists, academics, writers, and artists wrote to Chancellor Angela Merkel warning of an “inflationary, factually unjustified, and legally unfounded use of the term anti-Semitism.” They expressed concern about the suppression of “legitimate criticism of Israeli government policy” and castigated Federal Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism Felix Klein for distracting attention from “real anti-Semitic sentiments.”
In September, speaking at the 70th anniversary of the Central Council of Jews in Germany Chancellor Merkel spoke of her “grave concern” over the increasingly open expression of anti-Semitism in the country. She described anti-Semitism as an attack on the dignity of individuals that “must be fought decisively” – ideally with education, but with the full strength of the criminal law system when necessary.
In September, the NRW interior ministry suspended 29 police officers for participating in a right-wing extremist chat group, and some faced criminal investigation. The group shared extremist propaganda, including photographs of Adolf Hitler. The interior ministry also ordered an inspection of the affected police station, and it created a new position to specifically monitor right-wing extremism across the NRW police force.
In April, the NRW commissioner for anti-Semitism published the first NRW anti-Semitism report, which indicated 310 anti-Semitic crimes were registered in NRW in 2019, of which 291 were motivated by right-wing ideologies. The crimes ranged from verbal abuse to physical injury; all cases resulted in criminal investigations. In June, the NRW commissioner announced she was establishing an office to monitor and independently investigate anti-Semitic crimes that would allow victims to report anonymously in part in an effort to increase the reporting of cases.
During the year, Schleswig-Holstein and Hamburg established state-level anti-Semitism commissioner positions, leaving Bremen as the only state without one. The responsibilities and functions of the position vary by state but generally include developing contacts with the Jewish community, collecting statistics on anti-Semitic incidents, and designing education and prevention programs. In 2018, Federal Anti-Semitism Commissioner Klein urged all states to establish anti-Semitism commissioners because the distribution of powers in the country’s federal system provided the states with greater authority to combat anti-Semitism.
In February, the Frankfurt general prosecutor’s office established a commissioner for combating anti-Semitism. In addition to evaluating anti-Jewish aspects of crimes, the person will serve as point of contact for domestic and foreign authorities.
In January, Hesse inaugurated a new office for reporting anti-Semitic incidents as part of a 2019 state initiative to establish a more comprehensive approach to countering online hate speech and harassment.
In February, the Bremen Senate extended its cooperation with the Yad Vashem Holocaust Memorial to police officers trained at the College of Public Administration. Among other activities, Yad Vashem teaches a course to police trainees on the history of the Jewish community in Bremen. The course brings trainees to main historical Jewish community sites as well as to the Bergen-Belsen concentration camp. Yad Vashem also led trips to the Warsaw ghetto and to Israel; 18 trainees joined the trip to Israel.
More than 1,000 artists signed an open letter against the 2019 Bundestag decision to designate the Boycott, Divestment and Sanctions (BDS) movement as anti-Semitic, calling it a restriction of the right to boycott, a violation of democratic principles, and encouragement of a “climate of censorship.” They joined concerns by the heads of some German cultural institutions who argued the resolution might hinder their work. Numerous Bundestag members rejected the accusations, stating the resolution by no means banned dialogue or criticism. They also said that no tax funds should be used for BDS initiatives. State Minister for Culture Monika Gruetters said, “It is part of the Federal Republic of Germany’s raison d’etre to protect Israel’s right to exist. It follows that the federal government does not actively support organizations or projects that question Israel’s right to exist, even within the framework of cultural funding.”
In July, rap musician Farid Bang collaborated with Duesseldorf Mayor Thomas Geisel on a video promoting COVID-19 distancing measures. The state commissioner for anti-Semitism in NRW criticized the choice due to what he described as Bang’s frequently misogynistic, anti-Semitic, and violent lyrics, saying “This would be a wrong sign for Jewish life in thi