Federated States of Micronesia
Executive Summary
The constitution states no law may be passed respecting the establishment of a state religion or impairing the free exercise of religion. Government assistance may be provided to religiously affiliated schools for nonreligious purposes. The Ahmadiyya Muslim community in Kosrae State continued to say it faced slow police responses to incidents of discrimination in receiving public services, and a Canadian imam was issued a visa limiting areas of travel.
Some Christians advocated amending the constitution to prohibit the presence of non-Christian religious groups. The Inter-Denominational Council in Pohnpei continued to address social problems and promote official cooperation among most Christian groups. Other groups, including members of The Church of Jesus Christ of Latter-day Saints (Mormons) and Jehovah’s Witnesses, stated the council’s charter was not inclusive. Ahmadi Muslims reported incidents of vandalism to their religious centers and homes.
The U.S. embassy discussed religious freedom and tolerance with national and state governments. In addition, the embassy promoted religious diversity through social media, civil society outreach programs, and meetings with faith-based nongovernmental organizations (NGOs).
Section I. Religious Demography
The U.S. government estimates the total population at 104,000 (July 2017 estimate). According to government statistics, approximately 99 percent of the population identify as Christian. Several Protestant denominations, as well as the Roman Catholic Church, are present in every state. According to government statistics, 55 percent of long-term residents are Roman Catholic and 42 percent are Protestant. The United Church of Christ is the main Protestant denomination. Other Christian groups include Baptists, Assemblies of God, the Pentecostal Church, the Apostolic Church, the Salvation Army, Mormons, Seventh-day Adventists, and Jehovah’s Witnesses. Other religious groups exist in small numbers, including approximately 20 Ahmadi Muslims, with a variable expatriate population of Bahais, Buddhists, Hindus, Jews, and other Muslims. According to a 2014 Pew Research Center report, 2.7 percent follow folk religions.
In Kosrae State, 90 percent of the population is Protestant, with the Congregational Church the most prominent. In Pohnpei State, the population is evenly divided between Protestants and Catholics – more Protestants live on the western side, while more Catholics live on the eastern side. In Chuuk State, an estimated 60 percent is Catholic and 40 percent is Protestant. In Yap State, an estimated 80 percent of the population is Catholic and the remainder is Protestant. Religious affiliation often follows clan lines.
The majority of foreign workers are Filipino Catholics, who number approximately 850.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution forbids the establishment of a state religion or governmental restrictions on freedom of religion, although the government may fund nonreligious activities in religiously affiliated schools. The constitution provides for the free exercise of religion. It also provides that the traditions of the country may be protected by statute and, if such statue is challenged as violating rights provided in the constitution, protection of the tradition “shall be considered a compelling social purpose warranting such governmental action.”
There are no registration requirements for religious groups.
There is no religious education in public schools, but religion is taught in private religious schools in addition to the curriculum established by the Department of Education.
The country is not a party to the International Covenant on Civil and Political Rights.
Government Practices
During the year, Ahmadi Muslims continued to experience denial of services, including refusal to provide postal access. After approximately two years of denial of access to water in Malem, Kosrae, the national government provided a grant to extend water service to Ahmadiyya Muslim families and the Islamic Center, using existing water connections. An Ahmadi imam reported there continued to be a slow police response to threats of physical assault and incidents of vandalizing graffiti, particularly in the predominantly Protestant Kosrae State.
The government issued a new imam, a Canadian citizen, a limited visa that allowed travel to only two of the four states.
The government continued to provide grants to private, church-affiliated schools. The government continued to make no distinction between public and private schools in its grants programs.
National and state government events routinely opened and closed with a prayer, invocation, or benediction from a Protestant or Catholic clergy member, and often one from each group.
Section III. Status of Societal Respect for Religious Freedom
Some Christians on social media advocated amending the constitution to prohibit the presence of non-Christian religious groups, and some pastors opposed allowing non-Christians to practice openly. Government leaders have neither publicly supported nor opposed these positions.
The Inter-Denominational Council (of Christian churches) in Pohnpei continued to convene monthly to address social problems and promote official cooperation among its member Christian groups. Examples of the council’s activities included a youth leadership program for secondary-level students and a Thanksgiving service to support Christian unity. Other groups, including Mormons and Jehovah’s Witnesses, said the council’s charter was not inclusive and that they would be forced to reject their own beliefs in order to join.
Ahmadi Muslims again reported incidents of vandalism, including graffiti and stone throwing, at their religious center in Kosrae and homes in Kosrae and Pohnpei. Anti-Muslim rhetoric – some advocating violence – continued to increase on social media.
Ahmadis said they continued outreach through youth after-school sports and homework programs, in addition to adult evening faith programs. In February Ahmadi Muslims held a “peace conference” in the State of Kosrae with approximately 30 attendees from various religions, including a former Ahmadi Muslim mayor of the municipality of Malem.
Section IV. U.S. Government Policy and Engagement
The U.S. embassy discussed religious freedom and held regular meetings with the Department of Foreign Affairs, senior cabinet officials, and state government officials. Embassy officials stressed the primacy of the constitution over local laws or practices that potentially privilege one religious group over others.
In Kosrae State, embassy officials regularly met with local religious leaders to discuss religious tolerance based on the constitution.
Embassy officials conducted direct educational outreach on religious diversity to students, women’s groups, and local leaders, and in meetings with faith-based NGOs.
The U.S. Ambassador and embassy personnel participated in an Ahmadiyya Muslim informational event in Pohnpei to demonstrate U.S. support of religious tolerance.
The embassy continued to promote religious tolerance through social media highlighting U.S. religious diversity.
Madagascar
Executive Summary
The constitution provides for freedom of religious thought and expression and prohibits religious discrimination in the workplace. Other laws protect individual religious freedom against abuses by government or private actors. In January the government promulgated a law amending the nationality code and allowing a Malagasy woman to transmit her nationality to a child regardless of her marital status. Muslims born in the country continued to report they were unable to obtain citizenship documentation based on nationality laws that fail to provide a mechanism for some stateless children born in Madagascar to naturalize. In April the minister of education threatened to close 16 Islamic schools he classified as “Quranic,” stating the schools were among 190 private schools identified as not complying with various administrative requirements.
Members of the Muslim community and adherents of some evangelical Protestant churches reported they were denied admission into private schools and sometimes had limited access to employment due to their religious affiliation, while members of a small Jewish community reported a general improvement of their interaction with society.
U.S. embassy officials regularly engaged with Ministry of Interior officials responsible for registration of religious groups and with Ministry of Justice officials on the nationality code. Embassy officials continued to engage with international community representatives to minimize the impact of the nationality code on stateless persons, including Muslims with long-standing ties to the country. The embassy regularly met with religious leaders throughout the year and organized an interfaith public forum to encourage solidarity among different religious faiths around a common concern.
Section I. Religious Demography
The U.S. government estimates the total population at 25 million (July 2017 estimate). According to the last national census in 1993, 52 percent adheres to indigenous beliefs, 41 percent is Christian, and 7 percent is Muslim. Muslim leaders and local scholars estimate Muslims currently constitute between 20 and 25 percent of the population. They state it is common to alternate between religious identities or to mix traditions, and many individuals hold a combination of indigenous and Christian or Muslim beliefs. Muslims predominate in the northwestern coastal areas and Christians predominate in the highlands. According to local Muslim religious leaders and secular academics, the majority of Muslims are Sunni. Citizens of ethnic Indian and Pakistani descent and Comorian immigrants represent the majority of Muslims, although there is a growing number of ethnic Malagasy converts.
Local religious groups state nearly half of the population is Christian. The four principal Christian groups are Roman Catholics, Lutherans, Anglicans, and the (Presbyterian) Church of Jesus Christ in Madagascar. Smaller Christian groups include The Church of Jesus Christ of Latter-day Saints (Mormons), Jehovah’s Witnesses, Seventh-day Adventists, and a growing number of local evangelical Protestant denominations.
There are small numbers of Hindus and approximately 360 Jews across the country.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution provides for freedom of religious thought and expression and prohibits religious discrimination in the workplace. Other laws protect individual religious freedom against abuses by government or private actors. The constitution states that such rights may be limited by the need to protect the rights of others or to preserve public order, national dignity, or state security. The labor code prohibits religious discrimination in labor unions and professional associations. Public schools do not offer religious education. There is no law prohibiting or limiting religious education in public or private schools.
The law requires religious groups to register with the Ministry of the Interior. By registering, a religious group receives the legal status necessary to receive direct bequests and other donations. Once registered, the group may apply for a tax exemption each time it receives a gift from abroad. Registered religious groups also have the right to acquire land from individuals to build places of worship; however, the law states landowners should first cede the land back to the state, and the state will then transfer it to the religious group. To qualify for registration, a group must have at least 100 members and an elected administrative council of no more than nine members, all of whom must be citizens.
Groups failing to meet registration requirements may instead register as “simple associations.” Simple associations may not receive donations or hold religious services, but the law allows them to conduct various types of community and social projects. Associations engaging in dangerous or destabilizing activities may be disbanded or have their registration withdrawn. Simple associations must apply for a tax exemption each time they receive a donation from abroad. If an association has foreign leadership and/or members, it may form an association “reputed to be foreign.” An association is reputed foreign only if the leader or members of the board include foreign nationals. Such foreign associations may receive only temporary authorizations, subject to periodic renewal and other conditions. The law does not prohibit national associations from having foreign nationals as members.
The government requires a permit for all public demonstrations, including religious events such as outdoor worship services.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
In January the government promulgated a law amending the nationality code, mainly to address inequality between the rights of men and women to transmit nationality to their children. The new law enables a Malagasy woman to transmit her nationality to a child regardless of her marital status. According to the law, however, children born of two stateless parents remain unable to obtain Malagasy citizenship, even after several generations of residence in the country. Children with unknown parentage are evaluated based on appearance, ethnicity, and other factors. Muslim leaders continued to state that the nationality code affected the Muslim community disproportionately, as many members are descendants of immigrants and have been unable to acquire Malagasy nationality, despite generations of residence in the country. Children of ethnic Indian, Pakistani, and Comorian descent often have had difficulty obtaining citizenship, leaving a disproportionate number of Muslims stateless. A 2014 study by the NGO Focus Development and the UN High Commissioner for Refugees (UNHCR) estimated that approximately 6 percent of individuals in the communities surveyed were stateless and of this number, more than 85 percent were born in the country. No statistics were available on the number of children born of Malagasy women able to profit retroactively from the amendment to the nationality code.
The Ministry of the Interior registered 17 new religious groups during the year, bringing the total to a reported 296 officially registered groups. Religious groups stated the government did not always enforce registration requirements and did not deny requests for registration.
Religious leaders stated that inadequate government enforcement of labor laws resulted in some employers requiring their employees to work during religious services. A Catholic priest in Antananarivo who managed a social services center catering to factory workers stated some employers failed to respect the labor code provisions requiring a 24-hour break weekly, which affected factory workers’ ability to attend worship services.
Leadership of the Muslim Malagasy Association, which states it represents all Muslims in the country, reported that some Muslims continued to report difficulty obtaining official documents such as national identity cards and passports because of their Arabic-sounding names. Some Muslims reported religious discrimination when applying for civil service positions. For example, to apply to civil service positions, applicants must provide criminal records, which some Muslims found difficult to obtain from the government.
Members of the Muslim community reported that during the administration of baccalaureate exams, some test center managers required female Muslim students to remove their headscarves for admittance to the exam rooms, which they said caused feelings of trauma and humiliation in the students.
On April 21, Minister of Education Andrianiana Rabary threatened to close 16 Islamic schools he classified as “Quranic” because they provided more than the five weekly hours of religious classes permitted by the Ministry of Education for private religious schools. Representatives of the Muslim community denied the existence of such practices and called the minister’s warning “Islamophobic.” Others defended the schools, stating they were established specifically to teach the Quran and were not to be considered ordinary primary schools. The minister defended the decision on television, stating the 16 schools were among 190 private schools identified as not complying with various administrative requirements. The minister of education further recommended setting up a national directorate of all Islamic schools (similar to those that exist for several Christian groups) to facilitate their relationship with the government. While attending a ceremony marking the start of Ramadan, Prime Minister Olivier Solonandrasana underlined the right of Quranic schools to operate if they had the proper permits, but he stated they needed to comply with the same laws as all other religious schools. As of the end of the year, there were no reports of any further reactions.
Religious leaders, especially those from smaller or minority religious groups, stated that politicians sought to use religion to improve their political image. During the year, several ceremonies organized by the Catholic, Methodist, and Lutheran Churches saw the presence of at least one, if not both, the current president and former President Marc Ravalomanana. According to some religious leaders, donations to religious groups had become a way to pressure some church leaders to help promote politicians’ ambitions rather than to fulfill church tasks.
State-run Malagasy National Television continued to provide free broadcasting to the Seventh-day Adventist Church and to Roman Catholics, Lutherans, Anglicans, and Presbyterians on weekends, along with the Muslim community once a week. During Ramadan, the Muslim community was able to purchase additional airtime. The leader of a well-known local evangelical Christian church reported his church was rarely given access to the state-run television and radio, even if it agreed to pay for the broadcast time.
Section III. Status of Societal Respect for Religious Freedom
The leader of the Jewish community reported a clear improvement in attitudes toward the community since the previous year, crediting multiple public interactions with the leaders of other religious groups that served as examples for the public. She said that local communities were no longer critical of the Jewish style of dress and that local schools no longer refused admission of Jewish children.
Adherents of some evangelical Christian churches, especially those celebrating their Sabbath on Saturdays, stated they were denied employment due to their religious affiliation.
Section IV. U.S. Government Policy and Engagement
U.S. embassy officials regularly engaged with the Ministry of Interior to understand and monitor the status of various religious groups. Prior to the adoption of amendments to the nationality code, U.S. embassy officials met with Ministry of Justice representatives to discuss the importance of the measure, in line with recommendations made by UNHCR. Embassy officials continued to discuss the nationality code with members of the diplomatic community and local representatives of the United Nations focused on human rights in order to undertake joint approaches to encourage the government to amend the new code to allow for naturalization of certain categories of stateless persons.
In January the embassy hosted an interfaith public discussion with five panelists from different faiths, including one representing traditional beliefs. The event sought to capitalize on the diversity of the country’s religious landscape by encouraging more contact and dialogue among faith leaders and representatives. The UN human rights advisor for Madagascar and the U.S. Ambassador opened the event, which was broadcast live on Facebook. The audience was composed of students, representatives of different faiths, other diplomatic missions, civil society, government representatives, and the media. After the event, the participants and members of the audience exchanged contact details and discussed ideas for future collaboration.
Malawi
Executive Summary
The constitution prohibits discrimination based on religion and provides for freedom of conscience, religion, belief, and thought. An investigation by the Malawi Human Rights Commission regarding a 2016 case of religious discrimination against a Rastafarian student for wearing dreadlocks remained unresolved at the end of the year. Muslim leaders continued to express concern about the role of Christian religious education in state-funded schools and the impact of staggered school shifts on the ability of students to attend religious education after school hours.
Persons of all faiths continued to participate freely in business and civil society organizations together. Religious organizations and leaders regularly expressed their opinions on political issues, which received coverage in the media. In November the Public Affairs Committee, an umbrella organization for 25 Christian churches and 20 parachurch organizations, petitioned the speaker of parliament to accelerate action on long-awaited electoral reform bills.
U.S. embassy officials regularly sought input from leaders of religious groups on issues of religious freedom, such as the removal of a hijab for government identification photographs. The embassy hosted several events during the year to encourage intercommunal dialogue and to discuss community issues.
Section I. Religious Demography
The U.S. government estimates the total population at 19.2 million (July 2017 estimate). According to the 2016 Demographic and Health Survey, 86.9 percent of the population is Christian and 12.5 percent Muslim. Christian denominations include Roman Catholics at 18.1 percent, Central Africa Presbyterians at 17.4 percent, Seventh-day Adventist/Seventh-day Baptists (the survey groups the two into one category) at 6.9 percent and Anglicans at 2.6 percent. Another 41.9 percent fall under the “other Christians” category. Individuals stating no religious affiliation are 0.5 percent, and 0.1 percent represent other religious groups, including Hindus, Bahais, Rastafarians, Jews, and Sikhs.
The vast majority of Muslims are Sunni. Most Sunnis of African descent follow the Shafi’i school of Islamic legal thought, while the smaller community of mostly ethnic Asians mostly follows the Hanafi school. There is also a small number of Shia Muslims, mostly of Lebanese origin.
According to the 2008 census, there are two majority-Muslim districts, Mangochi (72 percent) and Machinga (64 percent). These neighboring districts at the southern end of Lake Malawi account for more than half of all Muslims in the country. Most other Muslims live near the shores of Lake Malawi. Christians are present throughout the country.
Traditional cultural practices with a spiritual dimension are sometimes practiced by Christians and Muslims. For example, the gule wamkulu spirit dancers remain of importance among Chewas, who are concentrated in the central region of the country.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution prohibits discrimination on the basis of religion and provides for freedom of conscience, religion, belief, and thought. These rights may be limited only when the president declares a state of emergency.
The law states that holders of broadcast licenses “shall not broadcast any material which is…offensive to the religious convictions of any section of the population.”
Religious groups, like nonprofit organizations, must register with the government to be recognized as legal entities. Registered groups, like other legal entities, may own property and open bank accounts in the group’s name. Groups must submit documentation detailing the structure and mission of their organization and pay a fee of 1,000 kwacha ($1). The government reviews the application for administrative compliance only. According to the government, registration does not constitute approval of religious beliefs, nor is it a prerequisite for religious activities, but allows a group to acquire land, rent property in its own name, and obtain utility services such as water and electricity. Religious groups may apply to the Ministry of Finance for tax exemptions regardless of registration status.
Detainees have a right to consult with a religious counselor of their choice.
Religious instruction is mandatory in public primary schools, with no opt-out provision, and is available as an elective in public secondary schools. According to the constitution, eliminating religious intolerance is a goal of education. In some schools, the religious curriculum is a Christian-oriented “Bible knowledge” course, while in others it is an interfaith “moral and religious education” course drawing from the Christian, Islamic, Hindu, and Bahai faiths. According to the law, local school management committees, elected at parent-teacher association meetings, decide on which religious curriculum to use. Private Christian and Islamic schools offer religious instruction in their respective faiths. Hybrid “grant-aided” schools are managed by private, usually religious, institutions, but their teaching staffs are paid by the government. In exchange for this financial support, the government chooses a significant portion of the students who attend. At grant-aided schools, a board appointed by the school’s operators decides whether the “Bible knowledge” or the “moral and religious education” curriculum will be used.
Foreign missionaries are required to have employment permits.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Several Muslim women reported that Department of Road Traffic and Safety Services (DRTSS) photographers required they remove their hijab to take their driving license picture. Alerted by the Muslim Association of Malawi (MAM), the DRTSS issued a statement in May reaffirming that Muslim women were free to wear a hijab when taking pictures for official documents as long as their faces and eyes were visible. However, MAM continued to receive reports every few months of DRTSS staff asking Muslim women to remove their hijab for identification photographs.
Representatives of the Rastafarian community reported children with dreadlocks continued to be prohibited from attending certain public schools. Children are usually required by school policy to shave their heads to attend. Most Rastafarian parents relented and shaved their children’s heads, but the children of several families continued to be denied access to public school, and at least one child dropped out of school because of her dreadlocks. In September a child who through a highly competitive process had been selected to attend Malindi Secondary School in Zomba was denied enrolment because of his hair. The Malawi Human Rights Commission continued to investigate the issue of Rastafarian children’s access to education. In January the solicitor general reaffirmed in writing Rastafarian children’s constitutional rights to education, but as of the end of the year, the Ministry of Education had taken no further measures to ensure access.
Some Muslim groups continued to request the education ministry to discontinue use of the “Bible knowledge” course and use only the broader-based “moral and religious education” curriculum in primary schools, particularly in predominantly Muslim areas. The issue arose most frequently in grant-aided, Catholic-operated schools.
Muslim organizations continued to express concern about the impact of operating schools in two shifts. Due to rapidly rising enrollment, certain schools in urban areas offered classes in two shifts – one in the morning and another in the afternoon, or staggered start and end times. Muslim groups stated the shifts complicated the delivery of religious education at madrassahs in the afternoon on government school premises.
Most government meetings and events began and ended with a prayer, usually Christian in nature. At larger events, government officials generally invited clergy of different faiths to participate.
During events marking the Catholic Church’s 51st Communications Sunday on August 2, Information Minister Nicholas Dausi praised the country’s Catholic media services for their evangelization work and expressed continued government encouragement of Catholic media organizations.
In November President Mutharika gave official comments at the opening of the annual Muslim gathering where Muslims shared experiences and challenges facing their religion. President Mutharika commended the Muslim community for its contributions to the development of the country and emphasized the freedom to worship and the peaceful co-existence of religions.
Section III. Status of Societal Respect for Religious Freedom
Christians, Muslims, and Hindus often participated in business or civil society organizations together, including in Rotary and Lions clubs. Religious organizations and leaders regularly expressed their opinions on political issues and their statements received coverage in the media. In March the General Assembly of the Church of Central Africa Presbyterian, the country’s largest denomination, engaged with the president on the issue of unabated corruption. In October the Evangelical Association of Malawi released a statement calling on the government to table and enact the political parties’ bill, which seeks to enhance transparency in party funding, in preparation for the 2019 elections. In November the Public Affairs Committee petitioned the speaker of parliament to accelerate consideration of long-awaited electoral reform bills.
Religious groups operated at least 18 radio and 10 television stations. Approximately 80 percent of radio stations are Christian affiliated, while 20 percent are Muslim affiliated.
Section IV. U.S. Government Policy and Engagement
The embassy regularly invited leaders of religious groups to embassy events, and embassy officials engaged them regularly on issues of religious freedom. In January the Ambassador hosted an interfaith luncheon with 30 representatives of various denominations to commemorate U.S. National Religious Freedom Day and encourage intercommunal dialogue. During Ramadan, the Ambassador held an iftar dinner engaging with local Muslim leaders in discussions on community issues. Embassy officials regularly engaged local religious leaders of diverse faith traditions and faith-based organizations as allies in program planning and implementation of health and humanitarian assistance needs. Embassy officials also often met with representatives of religious groups, including an October meeting with leadership of the Muslim Association of Malawi, the largest Islamic association in the country, to discuss their organizational plans and concerns, in particular regarding removal of the hijab for government identification photographs.
Malaysia
Executive Summary
The constitution states Islam is the “religion of the Federation; but other religions may be practiced in peace and harmony.” Federal and state governments have the power to mandate doctrine for Muslims and promote Sunni Islam above all other religious groups. Other forms of Islam are illegal and subject to action by religious authorities. The government maintains a parallel legal system, with certain civil matters for Muslims covered by sharia. The relationship between sharia and civil law remains unresolved in the legal system. In August the ruling government coalition permitted a bill drafted by the opposition Pan-Malaysian Islamic Party (PAS) to be introduced in parliament that would significantly raise current limits on sharia courts’ punishment powers, although lawmakers did not vote on the bill. Sedition laws criminalize speech that “promotes ill will, hostility, or hatred on the grounds of religion.” Despite closed circuit television footage of the kidnapping of a Christian pastor and eyewitness testimony, police reportedly made little progress investigating the incident. Authorities announced they would investigate reports the pastor was involved in proselytizing Muslims. The government arrested hundreds of persons practicing forms of Islam other than Sunni, including Shia Muslims celebrating Ashura, and individuals whom authorities said insulted religion or incited “religious disharmony.” The government continued to bar Muslims from converting to another religion and imposed fines, detentions, and canings on those classified under the law as Muslims who contravened sharia codes. Non-Muslims continued to face legal difficulty in using the word “Allah” to denote God. The government canceled a Christian prayer gathering to be held in Melaka State, saying it would upset the sensibilities of Muslims during Ramadan. A Muslim government-supported consumer group implied it could take violent measures against the Ahmadiyya Muslim community; police intervened to prevent the group from protesting outside the community’s headquarters. Non-Sunni religious groups continued to report difficulty in gaining registration as nonprofit charitable organizations or building houses of worship; religious converts had difficulty changing their religion on their national identification cards.
Local human rights organizations and religious leaders again stated that society continued to become increasingly intolerant of religious diversity. They continued to cite some Muslim groups’ public condemnation of events and activities they said were “un-Islamic,” as well as other statements targeting Muslim and non-Muslim groups. Citing 400 cases of Muslims appealing to sharia courts to convert to another religion, the chief executive officer of a government-linked human rights group called for a ban on the Christian evangelism movement, a move he implied was necessary for “national security.” Muslim women who did not dress in what others considered modest attire continued to report incidents of public shaming.
U.S. embassy officials regularly discussed with government officials and leaders at the Ministry of Home Affairs, Ministry of Foreign Affairs, and Prime Minister’s Department, among others, issues including constitutional guarantees of freedom of religion, proposed legislation affecting religious groups, and increasing religious intolerance. Embassy representatives also met with members of religious groups, including those not officially recognized by the government. The embassy’s continued engagement with the government and religious organizations included speaker programs and visitor exchanges to promote religious tolerance and freedom. The Ambassador led a “Harmony Walk” with faith leaders in Kuala Lumpur to promote religious tolerance; the embassy disseminated photos and video of the event to highlight the importance of interfaith dialogue and acceptance.
Section I. Religious Demography
The U.S. government estimates the total population at 31.4 million (July 2017 estimate). Census figures from the most recent census in 2010 indicate that 61.3 percent of the population practices Islam; 19.8 percent, Buddhism; 9.2 percent, Christianity; 6.3 percent, Hinduism; and 1.3 percent, Confucianism, Taoism, or other traditional Chinese philosophies and religions. Other religious groups include animists, Sikhs, and Bahais. Ethnic Malays, who are defined in the federal constitution as Muslims from birth, account for approximately 55 percent of the population. Rural areas – especially in the east coast of peninsular Malaysia – are predominantly Muslim, while the states of Sabah and Sarawak on the island of Borneo have relatively higher numbers of non-Muslims. Reports indicate that a growing number of converts to Christianity are ethnic Chinese middle-class individuals who were originally Buddhists or Confucianists.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The federal constitution states that “every person has the right to profess and practice his religion,” but gives federal and state governments the power to control or restrict proselytization to Muslims. The constitution names Islam as the “religion of the Federation,” and gives parliament powers to make provisions regulating Islamic religious affairs. Federal and state governments have the power to “control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.” The constitution identifies the traditional rulers, also known as sultans, as the “Heads of Islam” within their respective states. Sultans are present in nine of the country’s 13 states and are the highest Islamic authority; in the remaining four states and the Federal Territories, the highest Islamic authority is the king. Sultans oversee the sharia courts and appoint judges based on the recommendation of the respective state Islamic religious departments and councils who manage the operations of the courts. In states with no sultan and in the Federal Territories, the king assumes responsibility for this process. The law allows citizens and organizations to sue the government for constitutional violations of religious freedom. Federal law has constitutional precedence over state law, except in matters concerning Islamic law. A 1996 fatwa, supported by state laws, requires the country to follow only Sunni teachings of the Shafi’i school and prohibits Muslims from possessing, publishing, or distributing material contrary to those teachings.
Muslims who seek to convert to another religion must first obtain approval from a sharia court to declare themselves “apostates.” Sharia courts seldom grant such requests and can impose penalties on apostates, including enforced “rehabilitation.” In the states of Perak, Melaka, Sabah, and Pahang, apostasy is a criminal offense punishable by a fine or jail term. In Pahang, up to six strokes of the cane may also be imposed. The maximum penalty for apostasy in the states of Kelantan and Terengganu is death. These laws have never been enforced and their legal status remains untested. Nationally, civil courts generally cede authority to sharia courts in cases concerning conversion from Islam, and sharia courts remain unwilling to allow such conversions for those who are born Muslims and reluctant to allow conversion for those who had previously converted to Islam. In some states, sharia allows one parent to convert children to Islam without the consent of the second parent.
There are laws that restrict and punish speech seen as criticizing Sunni Islam.
Sedition laws regulate and punish, among other acts, speech considered hostile to ethnic groups, which includes speech insulting Islam. Convictions can result in prison sentences of three to seven years, or up to 20 years if there is physical harm or damage to property. The law also bars speech that “promotes ill will, hostility, or hatred on the grounds of religion.”
The federal Department of Islamic Development Malaysia (JAKIM) and state Islamic authorities prepare Friday sermons for congregations as well as oversee and approve the appointment of imams at mosques. JAKIM and state Islamic officials must formally approve all teachers of Islam before they may be allowed to preach or lecture on Islam in public.
There is no legal requirement for other religious groups to register, but in order to become approved nonprofit charitable organizations, all groups must register with the government’s registrar of societies (RoS) by submitting paperwork showing the organization’s leadership, purpose, and rules, and paying a small fee. Once registered, these organizations continue to be registered as long as they submit annual reports to the RoS as legally required.
Tax laws allow a tax exemption for registered religious groups for donations received and a tax deduction for the individual donors. Donors giving zakat (tithes) to Muslim religious organizations receive a tax rebate. Donors to government-approved charitable organizations (including some non-Muslim religious groups) may receive a tax deduction on the contribution rather than a tax rebate.
The law forbids proselytizing of Muslims by non-Muslims, with punishments varying from state to state, and including imprisonment and caning. The law allows and supports Muslims proselytizing others. The law does not restrict the rights of non-Muslims to change their religious beliefs and affiliation. A non-Muslim wishing to marry a Muslim must convert to Islam for the marriage to be officially recognized. A minor (under the age of 18, according to federal law) generally may not convert to another faith without the explicit permission of his or her guardian; however, some states’ laws allow conversion to Islam without permission after age 15.
All Islamic houses of worship – including mosques and surau (prayer rooms) – fall under the authority of JAKIM and corresponding state Islamic departments; officials at these departments must give permission for the construction of any mosque or surau.
Islamic religious instruction is compulsory for Muslim children in public schools; non-Muslim students are required to take nonreligious morals and ethics courses. Private schools may offer a non-Islamic religious curriculum as an option for non-Muslims.
Sharia courts have jurisdiction over Muslims in matters of family law and religious observances. A constitutional amendment provides that civil courts have no jurisdiction with respect to any matter within the jurisdiction of the sharia courts. Non-Muslims have no standing in sharia proceedings, leading to some cases where sharia court rulings have affected non-Muslims who have no ability to defend their position or appeal the court’s decision, most frequently in rulings affecting custody, divorce, inheritance, burial, and conversion in interfaith families. The relationship between sharia and civil law remains largely unresolved in the legal system. Two states, Kelantan and Terengganu, have symbolically enacted hudood (the Islamic penal law) for Muslims, although the federal government has never allowed the code to be implemented. The states cannot implement these laws without amendments to federal legislation and the agreement of the sultan.
The legal age of marriage is 16 for Muslim females and 18 for Muslim males, although they may marry before reaching those ages with the permission of their parents and the sharia courts. Non-Muslims must be 18 to marry.
National identity cards specify religious affiliation and are used by the government to determine which citizens are subject to sharia. The cards identify Muslims in print on the face of the card; for members of other recognized religions, religious affiliation is only encrypted in a smart chip within the identity card. Married Muslims must carry a special photo identification of themselves and their spouse as proof of marriage.
The country is not a party to the International Covenant on Civil and Political Rights.
Government Practices
Summary Paragraph: Police made little progress investigating a Christian pastor’s kidnapping by armed individuals that was caught on closed circuit television. The government continued to forbid any non-Sunni practice of Islam, arresting at least 25 Shia and detaining others for celebrating Ashura. It barred Muslims from converting to another religion, and imposed fines, detentions, and canings on those classified under the law as Muslim who contravened sharia codes. In August the ruling government coalition permitted a bill to be introduced in parliament that significantly raised current limits on sharia courts’ punishment powers, although lawmakers did not vote on the bill. It also limited proselytization by non-Muslim religious groups and restricted the distribution of religious texts. Restrictions remained on the use of the word “Allah” by non-Muslims. The government canceled a Christian prayer gathering to be held in Melaka State, saying it would upset the sensibilities of Muslims during Ramadan. Police intervened to prevent a Muslim government-supported consumer group from protesting outside the Ahmadiyya Muslim community’s headquarters. The consumer group had implied it could take violent measures against Ahmadiyya Muslims. The government prosecuted some individuals deemed to have “insulted Islam.” Since Islam, Malay ethnic identity, and the ruling United Malays National Organization (UMNO) political party were closely linked, it was difficult to categorize many incidents as being solely based on religious identity.
In February a group of armed individuals abducted Raymond Koh, a Christian pastor, from his vehicle on a suburban Kuala Lumpur highway. Despite closed circuit television footage of the kidnapping and eyewitness testimony, police made little progress investigating the incident, leading to widespread speculation among the public that government officials were involved in an attempt to intimidate the Christian community, a charge the police denied. The inspector general of police later announced that police would investigate reports that Koh was involved in proselytizing Muslims, adding, “It would not be fair if we only investigated Raymond’s disappearance.” Police reportedly made little progress in investigating the separate disappearances in 2016 of another Christian pastor, Joshua Hilmy, and his wife Ruth, in addition to Amri Che Mat, a Muslim activist said to be linked to Shia teachings. In May the UN High Commissioner for Human Rights’ Regional Office for South-East Asia said in a statement, “Enforced disappearances are rare in Malaysia and it is deeply concerning that little progress has been made in these cases.” In October the Malaysian Human Rights Commission initiated a public inquiry into the disappearances; the public inquiry remained in progress at year’s end.
The government continued to monitor Shia Muslims and take action against those engaged in practicing their religious rituals, which the government continued to consider “deviant” activity. In September the Selangor State Islamic Department (JAIS) temporarily detained 200 Shia Iraqi nationals participating in an event marking the Ashura holiday. Separately, religious authorities arrested 21 Shia men in Johor State and four Shia men in Kedah State for observing Ashura. The 200 Shia Iraqi nationals were quickly released, reportedly following pressure from Iraqi authorities. Under sharia law, which differs by state, individuals convicted of “deviant” religious activity face up to three years in prison or a 5,000 ringgit (RM) ($1,200) fine for “insulting Islam.”
In September immigration authorities temporarily detained Mustafa Akyol, a Turkish journalist and visiting fellow at a U.S. university, as he attempted to board a flight departing the country. Akyol and Ahmad Farouk Musa of the Islamic Renaissance Front had previously been summoned by the Kuala Lumpur Islamic Affairs Department in relation to a speech Akyol delivered at a private club on apostasy in Islam. The Islamic Renaissance Front also canceled a speech Akyol was scheduled to give later in Kuala Lumpur on the advice of the Islamic Affairs Department. Authorities said Akyol was in violation of a law prohibiting individuals from teaching “any matter relating to the religion of Islam” without authorization. The government also banned Akyol’s book Islam Without Extremes: A Muslim Case for Liberty and its Bahasa Malaysia translation, arguing it was “prejudicial to public order” and likely to “alarm the public.” In November another prominent private club in Kuala Lumpur announced it was cancelling a lecture by a visiting U.S. academic and would reject any future requests to host religion-related events on its grounds to avoid breaking government restrictions on religious forums.
JAKIM continued to implement established federal guidelines concerning what constituted deviant Islamic behavior or belief. According to the government, authorities identified 17 “deviant teachings” in the country during the year and arrested a total of 246 individuals for their involvement in practicing such beliefs. There are 56 groups that JAKIM has deemed “deviant.” State religious authorities generally followed these guidelines. Those differing from the official interpretation of Islam continued to face adverse government action, including mandatory “rehabilitation” in centers that teach and enforce government-approved Islamic practices. The government forbade individuals to leave such centers until they completed the program, which varied in length, but often lasted approximately six months. These counseling programs continued to be designed to ensure the detainee adopted the government’s official interpretation of Islam.
In March a civil appeals court ruled in the case of the nongovernmental organization (NGO) Sisters in Islam (SIS) against Selangor State Islamic Council (MAIS) authorities that the case should be heard again by the lower court, but with a different judge. In July the Federal Court allowed MAIS’ appeal of the March decision; the case remained ongoing at year’s end. The case stemmed from a 2014 fatwa with the force of state religious law labeling the NGO a “religiously deviant organization for subscribing to liberalism and pluralism.” In 2016 a lower civil court ruled that only the sharia court had the authority to decide on the validity of the fatwa.
State Islamic religious enforcement officers continued to have the authority to accompany police on raids of private premises and public establishments, and to enforce sharia, including for violations such as indecent dress, distribution of banned publications, alcohol consumption, or khalwat (close proximity to a nonfamily member of the opposite sex). In January the Federal Territories Islamic Religious Department (JAWI) arrested a married couple for close proximity despite proof of their marriage. The couple subsequently sued JAWI, accusing the agency of violently detaining them and causing injuries. The case remained pending at the end of the year. In September state religious authorities required a Muslim man to attend a “counseling session” after he was stopped for wearing shorts in public. According to some state laws, Muslims could be fined RM 1,000 ($250) if they did not attend “counseling” after being found guilty of wearing what the authorities deem to be immodest clothing.
Civil society activists said the government selectively prosecuted speech allegedly denigrating Islam and largely ignored criticisms of other faiths. In November the government stated atheism was unconstitutional and threatened to use sedition laws against anyone spreading its tenets. The government did not take any action against those issuing violent threats against nonbelievers.
In October Zamihan Mat Zin, a preacher and former JAKIM official, criticized the hygiene practices of Chinese Malaysians in a speech defending a controversial Muslim-only launderette. Police arrested him under sedition laws for criticizing the Sultan of Johor, who had ordered the launderette to reverse its policy. The preacher was not charged by year’s end.
Officials at the federal and state levels oversaw Islamic religious activities, distributed all sermon texts for mosques to follow, used mosques to convey political messages, and limited public expression of religion deemed contrary to Sunni Islam.
The government maintained restrictions on religious assembly and provisions which denied certain religious groups the ability to register as charitable organizations. Many churches and NGOs continued to find registration difficult, with the RoS denying or delaying many applications without explanation or for highly technical reasons. Representatives of religious groups continued to say the registrar had no consistent policy or transparent criteria for determining whether to register religious groups. In cases in which the government refused to register a religious group, the group could pursue registration as a company. Religious groups reported that registering as a company was generally relatively quick and provided a legal basis for conducting business, did not limit the group’s religious activities, and allowed the organization certain activities such as holding a bank account and owning property, but did not give the organization tax-exempt status or government funding. Examples of groups that continued to be registered as companies included Jehovah’s Witnesses and The Church of Jesus Christ of Latter-day Saints (Mormons).
In June the government canceled the “Jerusalem Jubilee,” a Christian prayer gathering to be held in Melaka State, saying it would upset the sensibilities of Muslims during Ramadan. In response to the Jerusalem Jubilee event, a PAS member of parliament said Muslims must “rise up to defend the community and country from the savagery of Christian evangelists.”
The government launched an investigation into a meeting of atheists after a photo of an “Atheist Republic” event in Kuala Lumpur spread on social media in early August. A government minister was quoted in local media calling on authorities to “track them down and identify each one of them,” referring to those who appeared in the photo. In response to the incident, the Mufti of Negeri Sembilan State told the media that Islam prescribes death for Muslims who become atheists, although he added that Malaysian sharia courts could not implement such punishments.
The federal and state governments continued to forbid religious assembly and worship for groups considered to be deviant Islamic groups such as Shia, Ahmadiyya, and Al-Arqam. While Ahmadi Muslims in the country reported generally being able to maintain a worship center, government religious authorities did not allow them to hold Friday prayers as these could only be performed in an officially registered mosque. In October the Muslim Consumer Association of Malaysia (PPIM), a government-supported group, held a press conference denouncing the Ahmadiyya Muslim community and implied PPIM could take violent measures against its members. Police intervened to prevent a PPIM protest outside the Ahmadiyya Muslim community’s headquarters outside Kuala Lumpur, although PPIM remained vocal in its call for the government to close down the organization and its mosque. Local authorities have permitted billboards proclaiming “Ahmadis are not Muslims” to be placed in front of the group’s headquarters for the past several years.
Restrictions remained on the use of the word “Allah” by non-Muslims. An appeal by the Sidang Injil Borneo, an evangelical church based in Sabah and Sarawak, for the right of the church and its Malay language-speaking congregation to use the word “Allah” in Bibles and other religious publications remained ongoing. A lawyer in the attorney general’s department said in June the Home Ministry would file an expert opinion in a separate case in support of the government’s position that the word “Allah” is for the exclusive use of Muslims.
The government continued to ban books for promoting Shia beliefs, mysticism, and other beliefs the government determined “clearly deviated from the true teachings of Islam.”
State governments had exclusive authority over allocation of land for, and the construction of, all places of worship, as well as land allocation for all cemeteries. Non-Muslim groups continued to report regular difficulties in obtaining permission from local authorities to build new places of worship, leading many groups to use buildings zoned for residential or commercial use for their religious services. Observers said that this practice remained largely tolerated, but also left the religious groups vulnerable. In April the state government of Selangor stated it would suspend clauses in state guidelines and planning standards that placed restrictions on non-Muslim places of worship. The standards included the recommendation that non-Muslim places of worship not be built within 50 meters (165 feet) of a Muslim home, new places of worship be lower in height than the nearest mosque, and non-Muslim places of worship in multiracial communities would require the consent of residents within a 200-meter (650-foot) radius. According to a state government official, the guidelines were enacted in 2007, removed in 2010, and reinstated early in 2017. The same official said Johor, Melaka, and Negeri Sembilan states had similar provisions.
In March the state government of Penang announced that 32 plots of state land would be made available to non-Muslim religious groups to build churches and temples. The government said the land was made available after groups complained about the lack of suitable places to construct houses of worship.
Some government bodies, including the federal Department of National Unity and Integration, were tasked with encouraging religious harmony and protecting the rights of minority religious groups. Many faith-based organizations, however, continued to state they believed that none had the power and influence of those that regulated Islamic affairs, citing the large footprint and budget for JAKIM, compared to the more limited funding for the Department of National Unity and Integration. In the 2018 budget, the Department of National Unity and Integration was allocated approximately RM 275 million ($68 million), while RM 1 billion ($247 million) was marked for the development of Islam, including RM 811 million ($201 million) for JAKIM.
During the year, JAKIM funded a wide variety of Islamic education and mosque-related projects. There were no specifically allocated funds in the government budget for non-Muslim religious groups, although some religious groups reported continuing to receive sporadic funding for temple and church buildings and other activities.
At public schools at the primary and secondary level, student assemblies frequently commenced with recitation of an Islamic prayer by a teacher or school leader. Particularly in the peninsula of the country, community leaders and civil liberties groups said that religion teachers in public schools pressured Muslim girls to wear the tudong (Islamic head covering) at school. Some private schools required Muslim girls to wear veils covering their faces, except for their eyes. In a public school in Selangor State, the government launched an investigation after photos spread on social media of separated drinking cups for Muslims and non-Muslims. Homeschooling remained legal, but some families reported difficulty in obtaining approval from the Ministry of Education.
Lawyers, civil liberty groups, and non-Muslim religious leaders said that when civil and sharia jurisdictions intersected, civil courts continued largely to give deference to sharia courts, creating situations where non-Muslims were affected by sharia judgments. The media and lawyers continued to report that sharia courts often decided child custody cases where one parent converted to Islam while the other did not – and have historically favored the Muslim parent. When facing competing orders by civil and sharia courts regarding custody, they stated the police generally sided with the sharia decisions.
In October, in a rare public statement, the country’s Council of Rulers expressed concerns about the actions of Muslims whose views on religious practices have “gone beyond all acceptable standards of decency, putting at risk the harmony that currently exists within our multireligious and multi-ethnic society.” The statement was in response to reports of Muslim-only launderettes in two states. The owner of one launderette said he was protecting Muslims from “impurities” that could be present on non-Muslims’ clothing, such as dog fur or pork, an argument Johor’s mufti publicly supported.
In April the Mufti of Perlis published a poem that some individuals said they considered offensive to Hinduism. Authorities did not take any action against him.
The family of a Hindu man in the state of Negeri Sembilan initiated court proceedings in September against officials from the state Islamic affairs department after authorities reportedly took the body of the man, Mahat Sulaiman, from a local hospital and buried him in an Islamic cemetery against the deceased’s wishes. Religious authorities reportedly acted unilaterally because the man’s name appeared to be Muslim.
Court proceedings continued in the case of Prasana Diksa, who was abducted in 2009 by her father after he converted from Hinduism to Islam, and a federal court was expected to rule on the case in early 2018. The case involved the issues of civil court review of sharia courts’ decisions as well as whether the consent of both parents was required for the conversion of a minor child. In 2010, a civil court awarded Prasana’s mother, Indira Gandhi, custody of her daughter; however, police did not execute the civil court’s order to arrest Prasana’s father for contempt of court, nor did the police take action to locate Prasana.
After opposition from some Muslim leaders, in August the government withdrew a bill from parliament that would have prevented one parent from converting his or her child to another faith without the consent of the second parent. A government minister said the bill was withdrawn “to preserve the harmony between the races and faiths” and asked that “no party politicize” the decision.
The government continued not to recognize marriages between Muslims and non-Muslims and considered children born of such unions illegitimate. In July the Court of Appeal ruled that the National Registration Division was not bound by edicts issued by the National Fatwa Committee, a religious body, regarding when a child conceived out of wedlock could take his or her father’s name; however, the government appealed the case and successfully applied for a stay in implementing the decision. A 2003 edict by the committee declared children to be illegitimate, and therefore unable to take their father’s name if they were born fewer than six months after the marriage of their parents.
In August the ruling government coalition permitted a bill drafted by the opposition PAS to be introduced in parliament that would significantly raise existing limits on sharia courts’ punishment powers; limited proselytization by non-Muslim religious groups; and restricted the distribution of religious texts. Proceedings were suspended before lawmakers could vote on it, however. Under existing law, states must limit sharia court punishments to three years in prison; RM 5,000 ($1,200) fines; and six strokes of the cane. The most recent version of the PAS bill proposed to raise those limits to 30 years in prison; RM 100,000 ($24,700) fines; and 100 strokes of the cane. The bill generated substantial public discussion, with some Muslim groups and some official state Islamic authorities supporting the effort. Some Muslim and non-Muslim groups opposed the legislation, which they stated infringed on the country’s civil laws and represented a first step toward the eventual enforcement of hudood. Some government officials argued that non-Muslims did not have the right to criticize the legislation because it would only apply to Muslims.
In December PAS President Hadi Awang supported a Muslim-only cabinet, which he said could accept non-Muslims playing a role in professional and management positions other than in policymaking. The PAS vice president later denied that the president supported a Muslim-only cabinet.
It remained difficult for those registered as Muslims to have their religious identification changed by the authorities. In February the Federal Court agreed to hear the appeal of three converts to Islam who later said they had left Islam and wanted their identification information changed accordingly, although the court did not set a date for the hearing by the end of the year. In 2016 the Court of Appeal in Sarawak State ruled against the three converts.
In September the city of Kuala Lumpur denied an application to hold a “Better Beer Festival,” despite approving the festival in previous years, after some religious leaders and PAS complained that such an event would “lead to extremist activities” and could lead the nation’s capital to be “known to the world as Asia’s biggest vice center.” Police later said the event was canceled because of security concerns and said they had arrested three militants who planned to attack the festival.
Section III. Status of Societal Respect for Religious Freedom
In response to the PAS president’s Muslim-only cabinet statement in December, the country’s main nongovernmental interreligious body – The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism, and Taoism – said “The race and religion card has been overplayed. This must end immediately. The energy of all Malaysians especially politicians should be channeled towards further developing a society filled with mutual understanding and respect.”
Local human rights organizations and religious leaders again stated that society continued to become increasingly intolerant of religious diversity. They cited some Muslim groups’ continuing public condemnation of events and activities they said were “un-Islamic,” as well as heavily publicized statements targeting non-Sunni Muslims and non-Muslim groups.
In response to a ban on non-Muslims at a launderette in the state of Johor, the NGO Sisters in Islam said in a statement, “It is becoming very alarming that week upon week we witness a growing number of incidences where there is discrimination premised on the Islamic faith…This type of simplistic interpretation of ‘what Islam requires of its Ummah’ is a danger to the racial diversity that we as Malaysians (including Malaysian Muslims) have always cherished. This is causing such great disunity in our beautiful nation.”
Religious converts, particularly those converting from Islam, sometimes faced severe stigmatization. Citing 400 conversion cases pending before sharia courts, the CEO of a government-linked human rights group called for a ban on Christian evangelism, a move he implied was necessary for “national security.” In many cases, converts reportedly concealed newly adopted beliefs and practices from their former coreligionists, including friends and relatives.
Religious identities continued to affect secular aspects of life. Muslim women who did not wear the head scarf or conform to religious notions of modesty were often subject to shaming on social media. In February a beauty pageant was forced to cancel a component of the event featuring contestants in swimwear, none of whom were Muslims, after Islamist groups protested.
Section IV. U.S. Government Policy and Engagement
U.S. embassy officials engaged with a wide variety of federal and state government officials at the Ministry of Home Affairs, Ministry of Foreign Affairs, and Prime Minister’s Department, among others, on religious freedom issues throughout the year. The Ambassador raised concerns about the disappearance of Pastor Raymond Koh and three other individuals and urged government officials to speak out against religious intolerance, particularly in the wake of high profile incidents such as the “Muslim-only” launderettes in two states.
Embassy officials held meetings with members of Shia and Ahmadiyya Muslim groups; the groups detailed the heavy government restrictions on their religious activities. Embassy officials also met with a variety of non-Muslim groups who reported continued difficulties registering churches and building houses of worship, and facing societal discrimination. The embassy engaged with groups of Sunni Muslims whose activities were limited by the government, such as SIS, G25, Islamic Renaissance Front, and Komuniti Muslim Universal.
The embassy broadcast messages related to religious freedom on its social media platforms on International Religious Freedom Day and throughout the year.
In March the embassy organized a visit by a leader of a U.S. Muslim community network to several states to engage with youth and promote civic consciousness, volunteerism, and religious tolerance.
In October the embassy hosted the U.S.-based director of a large religious NGO for meetings with local religious leaders and students on how interfaith groups can mitigate conflict and build community resilience.
In conjunction with the United Nations’ International Day for Tolerance, the Ambassador led a “Harmony Walk” with faith leaders to several houses of worship in Kuala Lumpur. The embassy disseminated a video of the event, which had been viewed at least 74,000 times in addition to being featured in the nation’s largest newspapers. The event emphasized the centrality of freedom of religion and interfaith dialogue in reducing intolerance, discrimination, and persecution and underscored the U.S. commitment to ensuring all individuals be able to exercise their human rights, including freedom of belief or nonbelief.
Maldives
Executive Summary
The constitution designates Islam as the state religion, requires citizens to be Muslim, and requires public office holders, including the president, to be followers of Sunni Islam. The constitution provides for limitations on rights and freedoms “to protect and maintain the tenets of Islam.” The law states both the government and the people must protect religious unity. Propagation of any religion other than Islam is a criminal offense. The law criminalizes speech breaking Islamic tenets, breaching social norms, or threatening national security. Antiterror legislation bans the promotion of “unlawful” religious ideologies. The penal code permits the administration of certain sharia punishments, such as stoning and amputation of hands. In February President Abdulla Yameen stated publicly that he did not want any religion other than Islam in the country. In April, following the killing of secular blogger Yameen Rasheed, the president said his government would not allow anyone to post content that “mocks” Islam on social or mainstream media and that “hate speech” could cause “certain elements” within society to “do anything to these people.” Observers expressed concern his statements increased the risk of attacks on liberal and moderate voices who had been labeled “secularists” or “apostates” on social media and would have a chilling effect on civil and political discourse in the country. In a July statement, the ruling Progressive Party of Maldives (PPM) called on former foreign minister and current UN Special Rapporteur on Freedom of Religion or Belief Ahmed Shaheed to “repent” for encouraging anti-Islamic practices, leading several PPM supporters to call for Shaheed’s death in online posts. In May the Ministry of Islamic Affairs (MIA) declared a former member of the Judicial Service Commission living in the Netherlands an apostate, and the police launched an investigation. Police also investigated bloggers living abroad for unspecified offenses; the bloggers stated they feared authorities were targeting them for promoting secularism on their blogs. The Ministry of Education dismissed two schoolteachers for refusing to take off their niqabs in compliance with civil service dress code guidelines. The MIA continued to maintain control over all matters related to religious affairs, including requiring imams to use government-approved sermons in Friday prayers. The government continued to prohibit resident foreigners and foreign tourists from practicing any religion other than Islam in public. The president launched a nationwide awareness program to increase religious unity, and the MIA organized a conference of religious scholars, who released an action plan aimed at protecting religious unity.
In April attackers killed blogger Yameen Rasheed, a critic of religious fundamentalism and violent extremism. Earlier on a Facebook page, attackers had labeled Rasheed an “apostate” who had defamed Islam. Police charged seven suspects with murder in Rasheed’s killing. At year’s end, their trial was in progress. Nongovernmental organizations (NGOs) stated that religiously motivated violent extremists continued to target other individuals on social media, including employees of human rights organizations, and label them “secularists.” Local NGOs reported continued community pressure on women to wear a veil; some women who did not reportedly were harassed. NGOs also stated they continued to see a rise in what they termed Islamic radicalism and fundamentalism among the populace, and asserted that the government actively encouraged this trend.
There is no permanent U.S. diplomatic presence in the country, but the U.S. Ambassador to Sri Lanka is accredited to Maldives, as are many of the embassy’s staff, and they serve as the U.S. government’s diplomatic representatives to Maldives. In meetings with Maldivian officials in Colombo and during visits to Maldives, embassy officers regularly encouraged the government to be more tolerant of religious traditions other than Sunni Islam and to ease restrictions preventing non-Sunnis from practicing freely. In the wake of the Rasheed killing and increased rhetoric on social media calling for religiously motivated violence, the embassy raised concerns regarding government statements and actions creating an environment conducive to the growth of societal intolerance.
Section I. Religious Demography
The U.S. government estimates the total population at 393,000 (July 2017 estimate). The Maldives government estimates there are an additional 134,000 documented and 15,000 to 20,000 undocumented foreign workers in the country, mostly from Bangladesh, Sri Lanka, India, and Pakistan. While observers state the vast majority of citizens appear to follow Sunni practices, there are no reliable estimates of actual religious affiliations. Foreign workers are predominantly Muslims, Buddhists, Hindus, and Christians.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution states the country is a republic based on the principles of Islam and designates the state religion as Islam, which it defines in terms of Sunni teachings. It states citizens have a “duty” to preserve and protect Islam. According to the constitution, non-Muslims may not obtain citizenship.
The constitution states citizens are free to engage in activities “not expressly prohibited” by sharia, but it stipulates the Majlis (the country’s legislative body) may pass laws limiting rights and freedoms “to protect and maintain the tenets of Islam.” In making a decision about whether a limitation on a right or freedom is constitutional, the constitution states a court must take into account the extent to which the right or freedom “must be limited” to protect Islam.
The constitution makes no mention of the freedom of religion or belief. Although it contains a provision prohibiting discrimination “of any kind,” it does not list religion as a prohibited basis of discrimination. The constitution states individuals have a right to freedom of thought and expression, but only in a manner “not contrary to tenets of Islam.”
The law prohibits the conversion of a Muslim to another religion (i.e., apostasy) and specifies a violation may result in the loss of the convert’s citizenship, although a judge may impose a harsher punishment per sharia jurisprudence.
The Religious Unity Act states both the government and the people must protect “religious unity.” Any statement or action found to be contrary to this aim is subject to criminal penalty. Specific infractions include expressing religious beliefs other than Islam, working to disrupt religious unity, and having discussions or committing acts that promote religious differences. The list of infractions also includes delivering religious sermons in a way that infringes upon the independence and sovereignty of the country or limiting the rights of a specific section of society. According to the law, sentences for violators may include a fine of up to 20,000 rufiyaa (MVR) ($1,300), imprisonment for two to five years, or deportation for foreigners.
The law criminalizes speech breaking Islamic tenets, breaching social norms, or threatening national security. The law states freedom of expression is a basic right “as long as it is in line with the tenets of Islam.” It states the expression of thoughts and opinion in writing, in speech, or through another medium is protected, except in cases where such an expression “makes a mockery of Islam.” Additional exceptions include questioning the validity of Islam or one of its tenets, expressions that compromise the “religious homogeneity of Maldivians,” or acts that cause “disunity and religious polarization.” The law further states any religious preaching or efforts to teach Islam shall be in accordance with the standards set forth in the Religious Unity Act. It also states schools and universities shall carry out religious teaching in accordance with the Religious Unity Act and only with instructors authorized by the government to teach Islam.
The law authorizes the government to cut off live feeds and/or suspend a station’s license if it broadcasts content that contradicts a tenet of Islam. It states the penalty for an individual “breaking the tenets of Islam” shall be the same as those the existing penal code specifies for “criticizing Islam.” A person commits the offense of “criticizing Islam” by engaging in religious oration or criticism of Islam in public or in a public medium with the intent to cause disregard for Islam; producing, selling, or distributing material criticizing Islam; producing, selling, distributing, importing, disseminating, or possessing “idols of worship”; and/or attempting to disrupt the religious unity of the citizenry or conversing or acting in a manner likely to cause “religious segregation.” Individuals convicted of these offenses are subject to imprisonment for up to one year.
By law, no one may deliver sermons or explain religious principles in public without obtaining a license from the MIA. Imams may not prepare Friday sermons without government authorization. To obtain a license to preach, the law specifies an individual must be a Sunni Muslim, must have a degree in religious studies, and must not have been convicted of a crime in sharia court. The law also sets educational standards for imams to ensure they have theological qualifications the government considers adequate. Government regulations stipulate the requirements for preaching and contain general principles for the delivery of religious sermons. The regulations prohibit statements in sermons which may be interpreted as racial or gender discrimination; discourage access to education or health services in the name of Islam; or demean the character of, or create hatred toward, people of any other religion. The law provides for a punishment of two to five years in prison or house arrest for violations of these provisions. Anyone who assists in such a violation is subject to imprisonment or house arrest for two to four years and a fine between 5,000-20,000 MVR ($320-$1,300). The law requires foreign scholars to ensure their sermons conform to the country’s norms, traditions, culture, and social etiquette.
Propagation of any religion other than Islam is a criminal offense, punishable by two to five years in jail or house arrest. Proselytizing to change denominations within Islam is also illegal and carries the same penalty. If the offender is a foreigner, his or her license to preach in the country will be revoked, and he or she will be deported.
By law, mosques and prayer houses remain under the control of the MIA rather than the country’s island councils. The law prohibits the establishment of places of worship for non-Islamic religious groups.
The law states “non-Muslims living in or visiting the country are prohibited from openly expressing their religious beliefs, holding public congregations to conduct religious activities or involving Maldivians in such activities.” The law states those expressing religious beliefs other than Islam face imprisonment of up to five years or house arrest, fines ranging from 5,000 to 20,000 MVR ($320 to $1,300), and deportation.
By law, a Maldivian woman may not marry a non-Muslim foreigner unless he first converts to Islam. A Maldivian man may marry a non-Muslim foreigner if the foreigner is Christian or Jewish; other foreigners must convert to Islam prior to marriage.
The law prohibits importation of any items deemed contrary to Islam by the MIA, including religious literature, religious statues, alcohol, pork products, and pornographic materials. Penalties for contravention of the law range from three months to three years imprisonment. It is against the law to offer alcohol to a citizen, although government regulations permit the sale of alcoholic beverages on resort islands. Individuals may request permission to import restricted goods from the Ministry of Economic Development.
The constitution states education shall strive to “inculcate obedience to Islam” and “instill love for Islam.” In accordance with the law, the MIA regulates Islamic instruction in schools, while the Ministry of Education funds salaries of religious instructors in schools. By law, educators who teach Islamic Studies must have a degree from a university or teaching center accredited by the Maldives Qualification Authority or other religious qualification recognized by the government. By law, foreigners who wish to teach Islamic Studies may only receive authorization to do so if they subscribe to Sunni Islam. Islam is a compulsory subject for all primary and secondary school students. A curriculum introduced in 2015 incorporates Islam into all subject areas at all levels of education, specifying eight core competencies underpinned by Islamic values, principles, and practices.
The constitution states Islam forms one basis of the law, and “no law contrary to any tenet of Islam shall be enacted.” The constitution specifies judges must apply sharia in deciding matters not addressed by the constitution or by law.
The penal code prescribes flogging for a small number of crimes, including fornication. Other sharia penalties are not specified, but the code grants judges the discretion to impose sharia penalties for hudood (serious crimes) listed in the Quran and qisas (retaliatory) offenses – including murder, apostasy, assault, theft, homosexual acts, drinking alcohol, and property damage – if proven beyond all doubt. The penal code requires all appeal processes be exhausted prior to the administration of sharia punishments specific to hudoodand qisas offenses, including stoning, amputation of hands, and similar punishments.
The Supreme Council of Fatwa has the authority to issue fatwas, or legal opinions, on religious matters. The council functions under the MIA and comprises five members appointed to five-year terms. The president names three members directly and chooses a fourth from the faculty of either the Maldives National University or the Islamic University of Maldives. The minister of Islamic affairs recommends the fifth member, subject to approval by the president.
Antiterror legislation includes as a crime “unlawfully” promoting any religious, political, or other ideology.
The constitution stipulates the president, cabinet ministers, members of parliament, and judges must be Sunni Muslims.
The country is a party to the International Covenant on Civil and Political Rights (ICCPR), with a reservation stating the government’s application of the principles set out in ICCPR Article 18, which relates to religious freedom, shall be “without prejudice to the Constitution of the Republic of Maldives.”
Government Practices
Police reported they had investigated 15 cases of suspected “black magic” during the year. Although no law defined or addressed the practice of black magic, the police included it in warrants as a basis for making arrests. Police forwarded four such cases to the Prosecutor General’s Office (PGO), which subsequently filed charges in each case. One charge was criminal trespass (the subject had entered someone’s home), and the other three subjects were charged with smuggling and possession of items contrary to the tenets of Islam. Additionally, the PGO formally filed charges in court in three black magic cases that police had submitted for prosecution in 2016.
In May the MIA declared Aishath Velezinee, a former member of the Judicial Service Commission living in the Netherlands, an apostate, citing allegedly blasphemous remarks she made on her Facebook page. The police subsequently issued a summons for her to return to the country for questioning without specifying the grounds for the summons. Velezinee sought asylum in the Netherlands and had not returned at year’s end.
Also in May police issued a statement calling for three bloggers who were living abroad to respond to police questioning on unspecified charges. Police warned the bloggers they would face prosecution if they failed to return to the country within two weeks. The bloggers stated they feared police were targeting them for promoting secularism in their blogs and did not respond to the summons.
According to the MIA, foreign residents such as teachers and laborers and tourists remained free to worship as they wished in private, but congregating in public for non-Islamic prayer remained illegal, as was encouraging local citizens to participate in such activities. The government continued to permit foreigners, including non-Muslims, to attend local Sunni mosques if they wished.
Courts sentenced individuals to flogging for committing fornication but did not impose sharia penalties for hudood and qisas offenses despite having the legal authority to do so.
In January and August the Ministry of Education dismissed two schoolteachers for refusing to remove their niqabs in compliance with civil service dress code guidelines. The guidelines require civil servants to be dressed in a manner that makes them easily identifiable. In February religious NGO Jamiyyatul Salaf challenged the constitutionality of the ban on the niqab for civil servants in the High Court. At year’s end, the High Court had not issued a judgment.
Customs authorities said the MIA continued to permit the importation of religious literature, such as Bibles, for personal use. The MIA also continued to allow some religious literature for scholarly research. The sale of religious items, such as Christmas cards, remained restricted by the ministry to resort islands patronized by foreign tourists. Customs officials reported 13 cases during the year involving importation of religious idols, statues, and Christian crosses, mostly by Maldivians. The authorities confiscated items in nine of these cases and issued letters of caution in the other four.
The Communications Authority of Maldives (CAM) continued to maintain an unpublished blacklist of websites containing material it deemed un-Islamic or anti-Islamic. The CAM stated it did not proactively monitor internet content, but instead relied on requests from ministries and other government agencies to block websites violating laws against criticism or defamation of Islam. The MIA controlled all matters relating to religion and religious belief and required imams to use government-approved sermons in Friday prayers. The government maintained its ownership and control of all mosques, including their maintenance and funding. The government continued to permit private donors to fund mosques as well.
During a February political rally held by the PPM, President Yameen stated, “No religion other than Islam will come within 10 miles of the Maldivian consciousness” and said strengthening Islamic education was necessary to solve social problems facing the country. During a speech in April shortly after the killing of blogger Yameen Rasheed, President Yameen stated his government would not allow anyone to post content that “mocks” Islam on social or mainstream media. In what observers said was a reference to Rasheed’s killing, Yameen said “hate speech” could cause “certain elements” within society to “do anything to these people.” Observers also stated that the president’s statements appeared to legitimize vigilantism, which they said could have a chilling effect on civil and political discourse and increase the risk of attacks against others labeled “secularists” or “apostates” on social media. In his Independence Day speech in July, Yameen said he was “waging war” against “the effort that is being made to provide space on our shores for religions other than Islam” and against “apostasy among youth.”
On December 20, President Yameen publicly stated that he would not allow any religion but Islam in the country. On December 21, Shahindha Ismail, executive director of the Maldivian Democracy Network (MDN), tweeted in response that “religions other than Islam exist in the world because Allah has made it possible.” On December 28, articles on Vaguthu, an online news site closely linked to the administration, denounced Ismail for “indirectly calling to allow other religions in the Maldives” and reported the police were investigating her “blasphemous” tweet. The same day the MIA issued a statement saying, “Allah does not accept any other religion but Islam. And he has said anyone who believes any other religion than Islam will be amongst the perishable on Judgment Day. So we remind you to reassert yourself in religion. Let’s strengthen the belief of citizens of our 100 percent Muslim country that Islam is Allah’s religion as written in the Quran. We caution and remind every Maldivian citizen to stop spreading unnecessary sayings in our society that imply giving space for any other faiths but Islam.” Ismail subsequently received death threats on social media. MDN expressed concern that the government chose to investigate Ismail’s tweet rather than the threats of violence made against her.
In a July statement, the PPM called on former foreign minister and current UN Special Rapporteur on Freedom of Religion or Belief Ahmed Shaheed to “repent” for retweeting an international news article about legalization of same-sex marriage and accused him of attempting to please foreign parties by encouraging anti-Islamic practices. Following the statement, PPM supporters on social media attacked Shaheed as an “apostate” with some calling for his killing. A religious scholar also published a Facebook post calling for the death of Muslims who support same-sex marriage. In October a regional managing director of a state-owned company posted on social media that Shaheed was an apostate who should be beheaded under sharia.
In March President Yameen launched “Tharika,” a nationwide awareness program to increase religious unity and patriotism, and created a high-level committee to oversee program activities, such as focus group discussions, essay-writing competitions, and multimedia presentations for students. The committee was composed of the ministers of education, Islamic affairs, home affairs, and defense and national security; the chief of the National Defense Force; the chancellor of the Islamic University; and the chairman and managing director of the state broadcaster Public Service Media (PSM).
In January the MIA organized a conference of local and religious scholars, who released an action plan aimed at protecting religious unity. The action plan called for scholars to work with media outlets to prevent the broadcast of content that violates Islam; for the MIA to lobby for new rules to prohibit un-Islamic practices in trade; for the creation of written rules on how tourists must conduct themselves to avoid violating Islamic culture or social norms; for increasing religious awareness among school students and the public at large; and for the MIA to hold workshops with relevant authorities to prevent “the spread of atheism.”
In May PSM signed memoranda of understanding with two religious NGOs, Jamiyyatul Salaf and Al Asr, agreeing to broadcast religious content they produced on state television. Observers criticized this agreement and said the NGOs promoted an “extremist” interpretation of Islam.
The MIA continued to conduct what it termed “awareness programs” through radio and television broadcasts in Male and on various islands to give citizens information on Islam, and it continued to provide assistance and counseling to foreigners seeking to convert to Islam. The ministry, in partnership with religious NGOs, continued to send imams to outer atolls to conduct workshops for students, youth, and other groups in schools and government buildings for the stated purpose of strengthening the islanders’ understanding and acceptance of Islam.
The National Institute of Education continued to implement a curriculum for public and private schools incorporating Islam into all subject areas. According to NGOs and other observers, passages in some of the textbooks portrayed democracy as being anti-Islam, encouraged anti-Semitism and xenophobia, glorified jihad, and demonized the West. The MIA continued to permit foreign nationals to opt out of Islamic instruction as a stand-alone subject. The MIA also stated that it continued to permit foreigners to raise their children to follow any religious teaching they wished, but only in private.
Section III. Status of Societal Respect for Religious Freedom
In April attackers killed blogger Yameen Rasheed, a critic of religious fundamentalism and violent extremism, in his apartment building stairwell. Earlier that month, a Facebook page had labeled Rasheed “an apostate” who disrespected Islam. Afterward, some websites publicly justified his killing on the grounds that Rasheed had committed apostasy. Police charged seven suspects of murder for Rasheed’s killing. At year’s end, their trial was ongoing. NGOs stated that religiously motivated violent extremists continued to target other individuals on social media, including employees of human rights organizations, labeling them “secularists.”
NGOs reported numerous instances of secular bloggers receiving death threats, being cyberbullied, and being followed on the street by individuals with records as criminal gang members. Victims stated they felt vulnerable because of a lack of police responsiveness to their complaints and because similar occurrences had preceded the 2014 disappearance of journalist Ahmed Rilwan. In September the Civil Court dismissed a lawsuit filed by Yameen Rasheed’s family against the Maldives Police Service for failure to take any action in response to several complaints filed by Rasheed reporting death threats he had received since 2010.
NGOs reported continued community pressure on women to wear a veil, and harassment of women who chose not to.
NGOs said they continued to see a rise in support for religiously motivated violent extremism among the populace, and that the government actively encouraged this trend.
Section IV. U.S. Government Policy and Engagement
There is no permanent U.S. diplomatic presence in the country, but the U.S. Ambassador to Sri Lanka is accredited to Maldives, as are many of the embassy’s staff. The U.S. embassy in Sri Lanka also maintained an American Center in Male in partnership with the National Library of Maldives. Staff of the embassy in Sri Lanka conducted all engagement with the government through travel to Maldives or interaction with Maldivian officials based in Colombo. In the wake of Yameen Rasheed’s killing and increased rhetoric on social media calling for religiously motivated violence, the embassy expressed concern to government officials about government statements and actions creating an environment conducive to the growth of societal intolerance. In addition, in meetings throughout the year, embassy officials continued to encourage the government to be more tolerant of religious traditions other than Sunni Islam, to ease restrictions preventing individuals other than Sunni Muslims from practicing their religions freely, and to cease the government’s derogatory statements about other religious traditions. Embassy officers also expressed concern regarding anti-Semitic and antidemocratic rhetoric in textbooks, and societal harassment and violent attacks on secular bloggers.
Mali
Executive Summary
The constitution prohibits religious discrimination and grants individuals freedom of religion in conformity with the law. The law criminalizes abuses against religious freedom. Terrorist groups used violence and launched attacks against civilians, security forces, peacekeepers, and others they reportedly perceived as not adhering to their interpretation of Islam. In the center of the country, Katiba Macina of the Jama’at Nasr al-Islam wal Muslimin (JNIM) attacked multiple towns in Mopti Region, threatening Christian, Muslim, and traditional religious communities reportedly for heresy. President Ibrahim Boubacar Keita made a public statement to congratulate Archbishop Jean Zerbo when Pope Francis elevated him to the rank of cardinal on June 28.
Muslim religious leaders continued to frequently condemn extremist interpretations of sharia, and non-Muslim religious leaders also condemned religious extremism. Religious leaders, including Muslims and Catholics, jointly called for peace among all faiths at a celebration marking Eid al-Fitr in June hosted by President Keita. The president of the High Islamic Council in Mali announced the necessity for all religious leaders to work toward national unity and social cohesion. An international conference on conflict management and religious tolerance, which gathered both Christian and Muslim religious leaders, called for tolerance and mutual understanding among religions.
U.S. embassy officials met with the president and vice president of the High Islamic Council in Mali and called upon their interlocutors to promote peace and tolerance among religions. The U.S. Ambassador spoke about religious tolerance at an embassy-sponsored training program on entrepreneurship, organized by a Muslim organization. The U.S. government sponsored an exchange program to support religious diversity and tolerance.
Section I. Religious Demography
The U.S. government estimates the total population at 17.9 million (July 2017 estimate). Muslims constitute an estimated 95 percent of the population. Nearly all Muslims are Sunni and most follow Sufism. Groups that together constitute less than 5 percent of the population include Christians, of whom approximately two-thirds are Roman Catholic and one-third Protestant, groups with indigenous religious beliefs, and those with no religious affiliation. Groups adhering to indigenous religious beliefs reside throughout the country but mostly in rural areas. Many Muslims and Christians also adhere to some aspects of indigenous beliefs. There are fewer than 1,000 individuals in Bamako and an unknown number outside of the capital associated with the Muslim group Dawa al-Tablig.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution defines the country as a secular state and provides for freedom of religion in conformity with the law.
According to the penal code, any act of discrimination based on religion or any act impeding the freedom of religious observance or worship is punishable with up to five years’ imprisonment or 10 years’ banishment (prohibition from residing in the country). The penal code also states any religiously motivated persecution of a group of persons constitutes a crime against humanity. There is no statute of limitations for such crimes.
The law requires registration of all public associations, including religious groups, except for groups practicing indigenous religious beliefs; however, registration confers no tax preferences or other legal benefits, and there is no penalty for failure to register. To register, applicants must submit copies of a declaration of intent to create an association, notarized copies of bylaws, copies of policies and regulations, notarized copies of a report of the first meeting of the association’s general assembly, and lists of the names of the leaders of the association with signature samples of three of the leaders. Upon review, the Ministry of Territorial Administration grants the certificate of registration.
The constitution prohibits public schools from offering religious instruction, but private schools may do so. Islamic religious schools, which are privately funded and known locally as medersas (a variant of madrassah), teach Islam but are required to adhere to the standard government curriculum. Non-Muslim students are not required to attend Islamic religious classes. Catholic schools teach the standard educational curriculum and do not require Muslim students to attend Catholic religious classes. Informal schools, known locally as Quranic schools, which some students attend in lieu of public schools, do not follow a government curriculum and offer exclusively religious instruction.
The law defines marriage as secular. Couples who seek legal recognition must have a civil ceremony, which they may follow with a religious ceremony. Under the law, a man may choose between a monogamous or polygamous marriage. The law states that the religious customs of the deceased determine inheritance rights. Civil courts consider these customs when they adjudicate such cases; however, many cases are settled informally.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
By year’s end, the Truth, Justice, and Reconciliation Commission, established in 2014, continued to make slow progress on its core functions and implementation of full-fledged operations on the ground. The commission stated it had established contact with victims of the country’s armed conflict and presented its mission and services to affected communities, including victims of religious persecution. A commission member reported that five antennes (mobile units for taking depositions) were established around the country, and victims made 6,263 depositions. The government provided compensation for commissionaires and equipment, and other donors provided additional support to the commission.
The minister of religious affairs and traditions was responsible for promoting religious tolerance and coordinating national religious activities such as pilgrimages and religious holidays for followers of all religions. The minister, a Muslim, spoke during a Catholic Mass at the national cathedral in the presence of Archbishop of Bamako Jean Zerbo in June.
On June 28, President Keita made a public statement to congratulate Archbishop Zerbo when Pope Francis elevated him to the rank of cardinal, the first Malian ever to hold the title. The president accompanied several ministers to meet Cardinal Zerbo at the Bamako international airport upon his return from Italy in a public show of congratulations.
Abuses by Foreign Forces and Nonstate Actors
Throughout the country, violent armed groups, including Ansar al-Dine and its affiliate Macina Liberation Front (MLF/Katiba Macina), AQIM, and al-Mourabitoun, sometimes united under the umbrella group Jama’at Nasr al-Islam wal Muslimin (JNIM), continued to carry out targeted attacks against security forces, UN peacekeepers, civilians, and others they reportedly perceived as not adhering to their interpretation of Islam.
The Malian Episcopal Conference reported multiple incidents of harassment. In September Katiba Macina members chased Christians from the town of Bodwal and threatened to kill them if they prayed in the town’s sole church. Likewise, since April 15, Katiba Macina had forbidden Christian services in the church and the raising of pigs in the village of Djidja. On August 15, unidentified armed men believed to be Katiba Macina threatened the local population and told them Christian music and prayers were banned in the town of Djanweli. In the village of Bodwal, armed men also believed to be Katiba Macina threatened Christians and forced them to remove their church bell. On September 19, armed men believed to be Katiba Macina vandalized the church in Dobara village. The men burned all property and material inside the church and threatened to kill anyone who prayed there. In the town of Douna on October 6, unidentified armed men believed to be Katiba Macina attacked and burned everything inside the church and threatened the Christian population with death if they prayed inside it. In the same incident, the armed men also threatened the Muslim population because of the manner in which they held their hands during prayer and ordered the striking and relocation of the Toguna – a traditional public tent where elderly persons gather in the Dogon tradition – because it was too close to the mosque.
The media reported armed men believed to be Katiba Macina threatened to kidnap the village chief of Kouakourou for refusing to hand over village youths who celebrated Eid al-Adha , a Muslim holiday, with firecrackers in August.
In May media reported a group linked to al-Qaida stoned an unmarried couple to death in public in Taghilt. The group accused the couple of violating Islamic law by living together without being married.
In February armed men kidnapped a Colombian nun from Karangasso, where she worked in a health center. In July JNIM kidnappers released a video of several hostages in their custody, including the nun. She remained in captivity at year’s end.
Section III. Status of Societal Respect for Religious Freedom
Muslim and non-Muslim religious leaders frequently and jointly condemned extremist interpretations of Islam.
On July 13, the Malian High Islamic Council published a document that regretted “some drifts observed in the preaching in some mosques, in public places, and in the media, including social networks.” The document further demanded “immediate cessation of violence in all its forms and in all spaces” across the country, and it urged Islamic preachers to “make respectful and gentle remarks and to prioritize themes aiming at reinforcing the rapprochement of the different religious sensibilities.”
In June Catholic and Muslim religious leaders called for peace among different faiths at an Eid al-Fitr ceremony hosted by President Keita. On September 10, the president of the High Islamic Council in Mali, Mahamoud Dicko, announced the necessity for all religious leaders to work toward national unity and social cohesion. Christian and Muslim religious leaders participating in an international conference on conflict management and religious tolerance in June called for tolerance and mutual understanding among religious groups.
Members of religious groups commonly attended the religious ceremonies of other religious groups, especially baptisms, weddings, and funerals.
Section IV. U.S. Government Policy and Engagement
Embassy officers spoke with a wide range of influential religious leaders and human rights organizations, including the president and vice president of the High Islamic Council in Mali. Embassy officials called on their interlocutors to advocate for tolerance and peace among religious groups, and organized a number of activities to emphasize the importance of religious tolerance and freedom. The embassy sponsored a training program on entrepreneurship organized by the Malian Young Muslim’s Association on September 25-29 for 100 men and women, at which the minister of religious affairs and traditions, the vice president of the High Islamic Council in Mali, the U.S. Ambassador, and other embassy officials spoke publicly about religious tolerance.
A number of prominent religious leaders associated with the country’s two chief Sufi and Salafist groups participated in a U.S. government exchange program focusing on themes related to religious diversity and tolerance. The embassy maintained regular contact with Christian missionaries during the year. Some expressed concern about the increased influence of organizations they characterized as violent and extremist in remote areas, which they believed could affect their ability to continue working in the long term.
Some of the embassy’s most widely shared social media postings during the year included messages from the Ambassador on the occasions of Ramadan, Easter, Eid al-Fitr, and especially Eid al-Adha. These messages highlighted the importance of tolerance and respect for diversity.
Malta
Executive Summary
The constitution provides for freedom of conscience and religious worship and prohibits religious discrimination. It establishes Roman Catholicism as the state religion, mandates Catholic religious education in state schools, but allows students to opt out of the classes. The government expanded its program to offer ethics classes as an alternative to Catholic instruction in public schools and initiated discussions with various denominations to introduce voluntary classes in Islam and possibly other minority religions in public schools.
After the Muslim community announced plans to close an Islamic secondary school, the Catholic archbishop offered to teach Islam as a subject in Catholic schools, an offer that led to protests by the self-styled nationalist group and political party, the Maltese Patriots. On another occasion, the Maltese Patriots tore down a poster featuring an altered version of the painting The Last Supper used as an advertisement for fast food. The University of Malta published a study in October that found negative views toward Muslim migrants and a tendency to confound ethnicity and religion.
In meetings with the president, prime minister, government officials in several ministries, civil society, and religious leaders, the U.S. Ambassador and other embassy officials discussed religious tolerance. During an iftar, the Ambassador stressed the importance of religious tolerance.
Section I. Religious Demography
The U.S. government estimates the population at 416,000 (July 2017 estimate). According to a March 2016 survey conducted by the newspaper Malta Today, 89 percent of respondents identified as Roman Catholic, 6 percent as members of other religious groups, and 4.5 percent as atheist or agnostic. The Islamic Call Society estimates approximately 6-7 percent of the population is Muslim, mostly consisting of foreigners. Most Muslims are Sunni or Shia, with smaller numbers of Ahmadis. Smaller religious groups include Copts, Greek Orthodox, Baptists, evangelical Protestants, Jehovah’s Witnesses, members of The Church of Jesus Christ of Latter-day Saints (Mormons), Seventh-day Adventists, members of the Family Federation for World Peace and Unification (Unification Church), Zen Buddhists, Bahais, and adherents of indigenous African religions. There are an estimated 120 Jews, according to Jewish community leaders.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution stipulates full freedom of conscience and religious worship, subject to restrictions in the interests of public safety, order, morality, or health, or protection of the rights and freedoms of others. It prohibits discriminatory treatment on the basis of creed. The constitution establishes Catholicism as the state religion and declares the Catholic Church has “the duty and the right to teach which principles are right and which are wrong.”
The government does not require religious groups to be registered. A religious group has the option to register as a voluntary organization with the Office of the Commissioner for Voluntary Organizations. To qualify for registration, the organization must be nonprofit, autonomous, and voluntary; provide a resolution letter signed by all its committee or board members requesting registration; provide its authenticated annual accounts and annual report; and pay a 40 euro ($48) registration fee. The law does not provide registered groups with tax reductions or exemptions, but allows them to make collections without obtaining any further authorization. It also allows them to receive grants, sponsorships, and financial aid from the government and the Voluntary Organizations Fund, an entity financed through the government and the European Union. The minister of education appoints the governing council of the fund, which comprises representatives from voluntary organizations and a government official and supports enrolled voluntary organizations.
Religious groups not registered as voluntary organizations with the Office of the Commissioner for Voluntary Organizations do not receive funding from the government or the Voluntary Organizations Fund and require approval from the Commissioner of Police to collect contributions from the public. Approval is not required for collections from members or congregants. Groups that do not register as voluntary organizations otherwise have the same legal rights as registered groups.
The criminal code prohibits individuals from wearing “masks or disguises” in public, unless explicitly allowed by law; there is no specific reference – or exception – to coverings worn for religious reasons. Violations are subject to a reprimand, fine, or jail sentence.
All religious groups may own property, including buildings. Groups using property for a particular purpose, including religious worship, must obtain a permit for that purpose from the Planning Authority. All religious groups may organize and run private religious schools, and their religious leaders may perform marriages and other functions.
The constitution and law make Catholic education compulsory in public schools, although non-Catholic teachers may teach the course. Students, with parental consent if the student is under the age of 16, may opt out of these classes and instead take an ethics course if one is available. If a school does not offer an ethics course, students may still opt out of the religion class.
Students may enroll in private religious schools. The law does not regulate religious education in private schools. The law does not allow homeschooling for religious or other reasons except for physical or mental infirmity.
The law allows criticism of religious groups but prohibits incitement of religious hatred; violators are subject to imprisonment for a term of six to 18 months.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The government continued its practice of not enforcing the legal ban on face coverings or disguises, including those worn for religious purposes.
During a congress in March of the European People’s Party (EPP) – a coalition of parties represented in the European Parliament – held in the town of St. Julian’s, members adopted a resolution that included a call for a ban on face veils, such as burqas and niqabs, in public places. Simon Busuttil, then-leader of the opposition Nationalist Party (PN, affiliated with the EPP), told The Malta Independent on Sunday newspaper in April that he endorsed the EPP’s resolution and favored banning face veils in public spaces. Another PN representative, Member of Parliament Clyde Puli, posted the Malta Independent article, citing Busuttil’s endorsement of a face veil ban on his Facebook page, with the comment, “Ban the Burqa.”
The Ministry of Education continued to expand a pilot program to offer ethics education in state schools as an alternative to the 6 percent of students who reportedly did not attend Catholic religious classes. During the 2016-17 school year, 1,073 primary and secondary level students, approximately 3 percent of all students, enrolled in the ethics classes, compared with 419 students in the previous year.
The government advanced plans to introduce the voluntary study of Islamic religious education in an after-school program in a number of state primary- and secondary-level schools, although the government had yet to release a specific timeline for the program’s implementation. Discussions were also underway, although not as well developed, to explore similar programs for other religious groups.
The discussions on after-school Islamic education began when Mohammed el-Sadi, the Imam of the Mariam Al-Batool Mosque, the country’s leading mosque in Paola, announced in March plans to close the Islamic Center’s Mariam Al-Batool Secondary School, citing financial reasons. El-Sadi appealed to the government to provide Islamic religious instruction to approximately 60 Muslim students who would have to transfer to state schools following the school’s closure. Minister of Education Evarist Bartolo responded there should be no problem with Muslim children receiving Islamic religious teaching, as long as it was accredited and treated equally with other subjects, including requiring students enrolled in such classes to take O level exams in Islamic studies.
Section III. Status of Societal Respect for Religious Freedom
Shortly after Imam el-Sadi’s request to the government to provide Islamic religious education to Muslim students, Catholic Archbishop Charles Scicluna publicly said Catholic schools would be willing to offer Islam as a subject. The archbishop’s comments generated significant public controversy, and in April the Maltese Patriots (Patrijotti Maltin) Party protested outside the archbishop’s offices against Islamic teachings in Church schools.
In July two members of the Maltese Patriots tore down a large fast food advertisement showing an altered version of Leonardo da Vinci’s The Last Supper, in which Jesus Christ and his disciples dined on pizza and hamburgers. The company declined to institute criminal proceedings. The poster had generated significant public controversy.
In October the University of Malta released a study conducted under the auspices of the EU-supported C.O.N.T.A.C.T (Creating an Online Network, Monitoring Team and Phone App to Counter Hate Crime Tactics), an antihate speech project. The study, which analyzed online reactions to local news portals and relied on questionnaires and interviews, concluded the most prevalent discriminatory attitudes in the country were against Muslim migrants, particularly those who did not have legal resident status. According to the study, there was a widespread tendency to confound religion with ethnicity, such as categorizing persons as Muslims because of their skin color or Muslims as Africans or Arabs because of their faith. The study also stated incidents of hate speech and hate crime were significantly underreported.
In March a court of appeal upheld a 2015 decision by the Court of Magistrates that dismissed a libel suit by Norman Lowell, head of the Imperium Europa Party, against Malta Today for calling Lowell a “neo-Nazi.” Lowell had publicly stated the Holocaust was a “holy hoax” and Adolf Hitler a hero.
Section IV. U.S. Government Policy and Engagement
The U.S. Ambassador and other embassy representatives met frequently with government officials, including President Marie-Louise Coleiro Preca, Prime Minister Joseph Muscat, Minister for Civil Liberties Helena Dalli, Minister for Education Bartolo, and Minister for Home Affairs and National Security Carmelo Abela to emphasize religious tolerance.
In June the Ambassador hosted an iftar for guests that included members of the Islamic Community in Malta, nongovernmental and international organizations, and members of the diplomatic corps. During opening remarks, the Ambassador and Imam el-Sadi highlighted the importance of religious tolerance in free and open societies.
Embassy representatives engaged civil society leaders, such as leaders of Drachma (a lesbian, gay, bisexual, and transvestite support group with a religious orientation), Jesuit Refugee Services, and various religious leaders – including Archbishop Scicluna and Imam el-Sadi – to discuss respect for religious freedom and issues affecting congregants.
Marshall Islands
Executive Summary
The constitution provides protections for religious freedom with “reasonable restrictions” to ensure public order and the rights of other individuals. The constitution provides for the right to freedom of thought, conscience, and belief and to the free exercise of religion. Ahmadi Muslims continued to report some difficulties in receiving government approval for conducting community-sponsored social welfare projects and in obtaining meetings with government officials.
The Ahmadiyya Muslim Community said the societal religious intolerance its members encountered stemmed from international news reports that linked Islam to terrorism. The Ahmadi leaders said they sought to present Islam as a religion of peace by having their foreign missionaries and local converts seek the general social welfare.
U.S. embassy officials discussed religious freedom with the government and religious leaders throughout the year. The Ambassador spoke at the Third Annual National Conference of the Ahmadiyya Muslim Jama’at in Majuro. The organizers said the objective of the conference was to promote a better understanding of the Ahmadis as a peaceful and contributing element of society so as to reduce societal suspicion and promote greater freedom for the community.
Section I. Religious Demography
The U.S. government estimates the total population is 75,000 (July 2017 estimate). Major religious groups, according to the last census that covered religious affiliation (1999), include the United Church of Christ (formerly Congregational), with 54.8 percent of the population; the Assemblies of God, 25.8 percent; the Roman Catholic Church, 8.4 percent; Bukot nan Jesus (also known as Assembly of God Part Two), 2.8 percent; and The Church of Jesus Christ of Latter-day Saints (Mormons), 2.1 percent. Groups that together constitute less than 5 percent of the population include Full Gospel, Baptists, Seventh-day Adventists, Bahais, Jehovah’s Witnesses, Iglesia ni Cristo (Church of Christ), Jews, Ahmadi Muslims, Hindus, and atheists. Almost all those native to the country are Christian, according to government statistics. Many foreign-born residents and workers are also Christian, and the majority of non-Christians are foreign born.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution provides for freedom of thought, conscience, and belief, as well as for free exercise of religion and equal protection under the law, regardless of religious beliefs. It also provides for “reasonable restrictions” imposed by law on the “time, place, or manner of conduct” – provided they are the least restrictive necessary for public peace, order, health, or security or the rights or freedoms of others, and they do not penalize conduct based on a disagreement with the ideas or beliefs expressed. The constitution states that no law or legal action shall discriminate against any person on the basis of religion.
The constitution allows the government to extend financial aid to religiously supported institutions to provide nonprofit educational, medical, or social services, on the condition that such services do not discriminate among religious groups.
There are no requirements for the registration of religious groups, but if religious groups register as a nonprofit corporation or a cooperative, they may qualify for tax exemptions. The law states that the tax on gross revenue shall not be applied to “corporations, associations, or societies organized and operated exclusively for religious, charitable, scientific, or educational purposes.” In addition, the goods imported into the country by “churches for their own religious, educational, or charitable purposes” are exempt from import duty.
The country is not a party to the International Covenant on Civil and Political Rights.
Government Practices
Governmental functions, by continuing custom, often began and ended with an ordained minister or other church official delivering a Christian prayer. While there was no religious education in public schools, most extracurricular school events began and ended with an interdenominational Christian prayer delivered by a minister. According to local residents, prayers before and after events were a longstanding cultural practice and part of the widely accepted tradition of the country.
The government provided funding to 15 private religious schools during the year totaling $295,000. All chartered private schools were eligible for funding. The amount of funding religious schools received depended on how much was available after ensuring the basic needs of public school system were covered first. With foreign grant funding to the government decreasing, the amount of funding provided to private schools, including religious schools, likewise decreased. The distribution of allocations were based on a combination of enrollment, performance (test results), and accreditation.
Members of the Ahmadiyya Muslim Community reported difficulties in gaining access to government officials, which they attributed to prejudice against Muslims, continued to contribute to government delays in approving certain humanitarian and social welfare projects sponsored by the Muslim community.
Section III. Status of Societal Respect for Religious Freedom
Ahmadiyya Muslim Community representatives said societal religious intolerance they encountered – distrusting stares, difficulties in developing social networks in the community – stemmed from international news reports (since there were no indigenous Muslims and few converts) that linked Islam to terrorism. The Ahmadi leaders said they sought to dispel that notion and to present Islam as a religion of peace by having their foreign missionaries and local converts seek to contribute to the general social welfare. In covering the visit of the new imam, Sajid Iqbal, to the local radio station on December 28, The Marshall Islands Journal said the Ahmadiyya Muslims conducted various humanitarian services and, although they do not observe Christmas, share the joy of giving in the holiday season.
Section IV. U.S. Government Policy and Engagement
The Ambassador spoke at the Third Annual National Conference of the Ahmadiyya Muslim Jama’at in Majuro in May about the importance of religious freedom and tolerance, including for minority groups. A Muslim lieutenant colonel in the U.S. Army gave a speech at the conference dealing with religious tolerance in a pluralistic society. In March an embassy official met with a series of religious leaders, including representatives of the Ahmadiyya Muslim Community, the Jewish community, Protestant and Catholic churches, and the Mormons, to discuss their members’ ability to freely practice their religious beliefs as part of the embassy’s outreach to the country’s religious groups and civil society.
Mauritania
Executive Summary
The constitution defines the country as an Islamic republic and designates Islam as the sole religion of the citizenry and state. Only Muslims may be citizens, and apostasy is a crime punishable by death. On November 9, the Court of Appeals in Nouadhibou ordered the release of Mohamed Cheikh Ould Mohamed Ould Mkheytir (MKheytir), a blogger who was previously sentenced to death in 2014 for apostasy after he allegedly posted statements on social media critical of the Prophet Mohammed. In March the Supreme Court ruled that the Court of Appeals improperly sentenced MKheytir to death for apostasy, since he had properly recanted his statements. The court ruled that he should have been sentenced to two years imprisonment for “unbelief.” Despite the court’s release order, MKheytir remained detained in an unknown location, and the government filed an appeal against the court’s verdict. On June 9, the National Assembly voted to impose prison sentences from one to five years for anyone criticizing the dominant Maliki school of Sunni jurisprudence. On June 9, the local press reported that one Mauritanian woman and three foreign citizens were arrested for apostasy but were later released. In May a Nouakchott court sentenced a woman to death for adultery, but she was immediately released to her family after family members promised that the woman would not violate adultery laws that are based on traditional sharia and colonial French legal principles. On April 11, the news website Sahara Media reported that the administration of the National Industrial and Mining Company (SNIM) authorized the conversion of the church of Zouerate into a mosque. On June 16, the government announced a ban on religious and opposition political groups that it said were using mosques to promote political agendas and propagate extremist views. The Ministry of Islamic Affairs and Traditional Education (MIATE) continued to collaborate with independent Islamic religious groups to combat extremism, radicalization, and terrorism through a series of workshops in all 15 provinces. The ministry also organized an International Islamic Conference on “Violence and Extremism from Sharia’s Perspective.”
On March 30, the Mauritanian Bar Association, in collaboration with the Muslim World Lawyers Organization, held a one-day seminar in Nouakchott on the role of Islamic law in the fight against terrorism and violent extremism. On September 1, during the annual Eid al-Adha observance, Imam Ahmedou Ould Lemrabott Ould Habibou Rahman, the Imam of the Grand Mosque of Nouakchott, repeated concerns about what he said was the spread and growing threat of Shia Islam in the country. The imam also stated government authorities should sever ties with Iran in order to stop the spread of Iranian Shia Islam.
U.S. embassy representatives, including the Ambassador and visiting senior U.S. government officials, discussed religious tolerance with senior government officials, including the president and prime minister. Embassy officials raised the court case of MKheytir and other apostasy and religious freedom-related issues with authorities on multiple occasions and urged authorities to ensure that MKheytir’s judicial proceedings were fair and transparent. The Ambassador and embassy officials hosted two iftars, at which they discussed religious tolerance with government officials and religious and civil society leaders.
Section I. Religious Demography
The U.S. government estimates the total population at 3.7 million (July 2017 estimate). Sunni Muslims are estimated to be 99 percent of the population. There are very small numbers of non-Muslims, mostly Christians and a small number of Jews, almost all of whom are foreigners.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution defines the country as an Islamic republic and recognizes Islam as the sole religion of its citizens and the state. Only Muslims may be citizens. Persons who convert from Islam lose their citizenship.
The law and legal procedures derive from a combination of French civil law and sharia. The judiciary consists of a single system of courts that uses principles of sharia in matters concerning the family and secular legal principles in all other matters.
The law prohibits apostasy. A Muslim convicted of apostasy who does not recant within three days may be sentenced to death and have his or her property confiscated. The government, however, has never applied capital punishment in this regard.
The penal code stipulates that the penalty for unmarried individuals of any gender caught engaging in sexual activity is 100 lashes and imprisonment of up to one year. The penalty of those married individuals convicted of adultery is death by stoning, although the last stoning punishment occurred more than 30 years ago. The penal code requires death by stoning for those convicted of consensual homosexual activity. These punishments only apply to Muslims.
The government does not register Islamic religious groups, but all nongovernmental organizations (NGOs), including humanitarian and development NGOs affiliated with religious groups, must register with the Ministry of Interior. NGOs must also agree to refrain from proselytizing or otherwise promoting any religion other than Islam. The law requires the Ministry of Interior to authorize all group meetings, including non-Islamic religious gatherings, in advance, even those held in private homes.
By law, the MIATE is responsible for enacting and disseminating fatwas, fighting “extremism,” promoting research in Islamic studies, organizing the Hajj and Umrah pilgrimages, and monitoring mosques. The government appoints the six imams of the High Council of Islam, who advise the government on conformity of legislation to Islamic precepts. The government also appoints the High Council for Fatwa and Administrative Appeals, which has sole authority to regulate fatwa issuance and resolve related disputes among citizens and between citizens and public agencies.
The law requires members of the Constitutional Council and the High Council of Magistrates to take an oath of office that includes a promise to God to uphold the law of the land in conformity with Islamic precepts.
A ministerial decree requires public schools and private secondary schools, but not international schools, to teach four hours of Islamic studies per week. Religious instruction in Arabic is required for students seeking the baccalaureate.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
On November 9, the Court of Appeals in Nouadhibou ordered the release of Mohamed Cheikh Ould Mohamed Ould Mkheytir, often known as MKheytir, a blogger who was previously sentenced to death in 2014 for apostasy after he allegedly posted statements on social media critical of the Prophet Mohammed. In March the Supreme Court ruled that the Court of Appeals improperly sentenced MKheytir to death for apostasy, since he had properly recanted his statements. The court ruled that according to law, he should have been sentenced to two years’ imprisonment for “unbelief.” MKheytir’s trial on January 31 attracted widespread attention and crowds of approximately 4,000 protesters who called for his execution. MKheytir’s lawyers were also threatened, including Mohamed Ould Meine, whom the Mauritanian Bar Association disbarred in 2014 for his work on MKheytir’s case. In November police dispersed demonstrations in Nouakchott and Nouadhibou against the verdict with tear gas. Despite the court’s release order, at year’s end MKheytir remained detained in an unknown location, and the government filed an immediate appeal against the court’s verdict. On November 16, cabinet members proposed eliminating the legal ground allowing for a reduction of sentence for those convicted of apostasy who then recanted. If enacted, those convicted of apostasy or blasphemy in the future would be subject to execution. On November 17, four separate gatherings with between 600 and 1,500 protesters demonstrated against the court’s order to release MKheytir.
On May 30, a court in Nouakchott sentenced Toutou Mint El Ide to death by stoning after being convicted of adultery. She was then released to her family after a relative promised to guarantee her future good behavior.
The local press reported that on June 9, a Mauritanian woman and three foreign citizens from Cameroon, Ghana, and Nigeria who were distributing Christian literature were arrested for apostasy and then released without charges.
On June 16, the government banned religious and opposition political groups from using mosques to promote political agendas or propagate extremist views. The Minister of Islamic Affairs, Ahmed Ould Ehel Daoud, announced the ban to the Association of Imams of Mauritania, stating the government would not accept the exploitation of these platforms in the service of political objectives or personal purposes. The minister urged imams to spread the values of tolerance and “to close the door to anyone who aims at undermining the Mauritanian’s moderate values, and the country’s spirit of moderation.”
Local civil society leaders and NGOs criticized the traditional religious leadership for stressing a Maliki doctrine requiring believers to be loyal to the government of the day as “God-ordained” following a vote in the National Assembly on June 9 to impose a criminal penalty of between one and five years in prison against anyone who speaks in a manner “contrary or hostile” to the regionally dominant Maliki school of Sunni Islamic jurisprudence. The draft statute stated its purpose was to prevent hate speech, incitement to violence, and racist crimes. According to human rights advocates, the law could be broadly interpreted to target and suppress virtually any dissent. The draft legislation is silent on its applicability to religions other than Islam.
The MIATE continued to collaborate with independent Islamic religious groups to combat extremism, radicalization, and terrorism through a series of workshops in all 15 provinces. The MIATE organized an international conference on “Violence and Extremism from Sharia’s Perspective” held on March 19. The prime minister, the minister of Islamic affairs, and international religious leaders attended the conference, which focused on challenges facing Islam, such as violence and extremism.
Authorized churches were able to conduct services discreetly within their premises but could not proselytize. Although there remained no specific legal prohibition against non-Muslims proselytizing, in practice the government prohibited such activity through the broad interpretation of the constitution stating Islam shall be the religion of the people and of the state. No public expression of religion except Islam was allowed.
An unofficial government requirement restricted non-Muslims’ worship to the few recognized Christian churches. There were Roman Catholic and other Christian churches in Nouakchott, Kaedi, Atar, Nouadhibou, and Rosso. Citizens could not attend non-Islamic religious services, which remained restricted to foreigners. The Ministry of Interior had not acted on several requests by a group of foreign Protestants for authorization to build their own place of worship. The group first sought authorization to construct a place of worship in 2006, then renewed the process in 2012 and 2016, but at year’s end was still awaiting approval.
On December 9, 2016, Essahraa, an independent news website, reported the government and the Holy See decided to establish diplomatic relations; however, by year’s end there was no progress toward that end.
The possession of non-Islamic religious materials remained legal, although the government continued to prohibit their printing and distribution. The government maintained a Quranic television channel and radio station. Both stations sponsored regular programming on themes of moderation in Islam.
The government continued to provide funding to mosques and Islamic schools under its control. The government paid monthly salaries of 50,000 ouguiyas ($140) to 200 imams who passed an examination conducted by a government-funded panel of imams and heads of mosques and Islamic schools. It also paid monthly salaries of 25,000-100,000 ouguiyas ($70-$280) to 30 members of the National Union of Mauritanian Imams, an authority established to regulate the relationship between the religious community and the MIATE.
Islamic classes remained part of the educational curriculum, but class attendance was not mandatory and not required for graduation. The results in the classes did not count significantly in the national exams that determine further placement. Additionally, many students reportedly did not attend these religious classes for various ethnolinguistic, religious, and personal reasons. The Ministry of National Education and the MIATE continued to reaffirm the importance of the Islamic education program at the secondary level; the government reportedly considered religious education a tool to protect children and society against extremism and to promote Islamic culture.
Section III. Status of Societal Respect for Religious Freedom
During the annual Eid al-Adha observance on September 1, Imam Ahmedou Ould Lemrabott Ould Habibou Rahman, the Imam of the Grand Mosque of Nouakchott, renewed his warning of what he called the spread and growing threat of Shia Islam in the country. The imam also stated for a second successive year that government authorities should sever ties with Iran in order to stop the spread of Iranian Shia Islam.
On April 11, the news website Sahara Media reported that the administration of SNIM authorized the conversion of the church of Zouerate into a mosque. The church was built in 1952 to serve as a place of worship for hundreds of French citizens working at the company. SNIM was initially reluctant to respond to requests to convert the church to a mosque, since it remained affiliated with the Roman Catholic Church; however, in 2016 the Roman Catholic Church authorized SNIM to use the building as it wished.
Section IV. U.S. Government Policy and Engagement
U.S. embassy representatives, including the Ambassador and visiting senior U.S. government officials, discussed religious tolerance with senior government officials, including the president and prime minister. Embassy officials raised the case of MKheytir and other apostasy and religious freedom cases with authorities on multiple occasions. The Ambassador urged authorities to ensure that judicial proceedings were transparent.
The Ambassador met regularly with religious leaders to discuss religious tolerance. On June 14, an embassy official hosted an iftar in Boghe, in the Brakna District, which was attended by the hakim, the Mayor of Boghe, journalists, traditional leaders, and civil society representatives. The Ambassador previously held an iftar attended by the minister of foreign affairs, the minister of Islamic affairs, other senior government officials, journalists, and civil society leaders. In May, Ibrahima Kane, the imam of the mosque of the Construction and Real Estate Management Company, SOCOGIM, traveled to the United States on an U.S. government exchange program to promote interfaith dialogue.
Mauritius
Executive Summary
The constitution prohibits discrimination based on creed and provides for the right of individuals to change, manifest, and propagate their religious beliefs. The government grants subsidies to six religious groups: Hindus, Roman Catholics, Muslims, Anglicans, Presbyterians, and Seventh-day Adventists, based on their relative numbers in the population. Other groups must register with the government to obtain tax-exempt status but receive no subsidies. Christians and Muslims continued to state they were underrepresented in the civil service and elsewhere in the government, including at the highest levels. The government continued to limit the number of foreign missionaries allowed to work in the country.
Tensions between Hindus and Muslims continued. On October 30, unknown individuals vandalized five Hindu temples and other places of worship in the east and the center of the island. There were no developments in the December 2016 case in which unknown individuals vandalized a Tamil temple in Port Louis. The authorities completed investigation in the 2015 case in which two Muslim men vandalized a Hindu temple, which was followed by five Hindu men vandalizing a mosque in the south of the island, and authorities sent the case to a court for prosecution. The Council of Religions, a local organization composed of representatives from 18 different faiths and denominations, hosted regular religious ceremonies and celebrations to foster mutual understanding and enhance interfaith collaboration among faith communities.
The embassy promoted religious tolerance and understanding through engagement with government officials. Embassy officials met with religious leaders, including the Council of Religions. The Charge d’Affaires hosted a dinner for Muslim civil society and religious leaders to highlight religious tolerance and emphasize ways to continue to foster interreligious tolerance.
Section I. Religious Demography
The U.S. government estimates the total population at 1.3 million (July 2017 estimate). According to the 2010 local census, approximately 48 percent is Hindu, 26 percent Roman Catholic, 17 percent Muslim, and 6 percent non-Catholic Christian religious groups including Seventh-day Adventists, Anglicans, Pentecostals, Presbyterians, evangelical Protestants, Jehovah’s Witnesses, members of The Church of Jesus Christ of Latter-day Saints (Mormons), and members of the Assemblies of God. The remaining 3 percent includes Buddhists, animists, individuals who reported no religious affiliation, and others. More than 95 percent of Muslims are Sunni.
According to the 2010 local census, on the main island, the population of Port Louis is primarily Muslim and Catholic, while most of the remainder of the island’s population is Hindu. The island of Rodrigues is approximately 90 percent Catholic.
There is a strong correlation between religious affiliation and ethnicity. Citizens of Indian ethnicity are primarily Hindu or Muslim. Those of Chinese ancestry generally practice Buddhism, Anglicanism, or Catholicism. Creoles (persons of African descent) and citizens of European descent are primarily Catholic.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution prohibits discrimination based on creed and provides for freedom of thought and religion, including the right of individuals to change manifest, and propagate their religion or belief, in worship, teaching, practice, and observance, alone or in community, in private or in public. These rights may be subject to limitations to protect public order, safety, morality, health, or the rights of others. The constitution also bars requiring oaths contrary to an individual’s religious belief and bars compulsory religious education or attendance at religious ceremonies in schools. It gives religious groups the right to establish schools and to provide religious instruction therein to members of that group; these institutions are open to the population in general as well. Citizens can file complaints of religious discrimination with the Equal Opportunities Commission, which can initiate investigations if it believes a citizen’s rights may have been infringed. Legislative election candidates must identify themselves as belonging to one of the four national communities cited in the constitution: Hindus, Muslims, Sino-Mauritians, or the general population.
A parliamentary decree recognizes the six religious groups that were the main ones present prior to independence: Hindus, Catholics, Muslims, Anglicans, Presbyterians, and Seventh-day Adventists. These groups receive annual lump sum payments from the finance ministry based on the number of their adherents as determined by the voluntary self-identification of individuals in the 2010 census. The registrar of associations registers new religious groups, which must have a minimum of seven members with designated leadership responsibilities. The finance ministry grants these new groups tax-exempt privileges. Although registration of religious groups is required, the law does not prescribe penalties for unregistered groups.
Religious groups must obtain both a residence permit and a work permit for each foreign missionary. The Prime Minister’s Office is the final authority on the issuance of these documents. While there are no explicit restrictions, there are unofficial limits on the overall number of missionaries per religious group who are issued the requisite visas and work permits. The government grants residence permits to missionaries for a maximum of three years with no extensions.
Religious education is allowed in public and private schools, at both the primary and high school levels. Students are permitted to opt out, and civic education classes are provided for non-Catholic students attending Catholic schools.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Some Christians and Muslims continued to state that the predominance of Hindus in the civil service resulted in “interference” in the government promotion system and prevented Christians and Muslims from reaching higher-level positions in the civil service. More generally, non-Hindus often stated they were underrepresented in government. There were no reliable statistics available on the numbers of members of different religious groups represented in the civil service; however, the Truth and Justice Commission had stated in its latest report in 2011 that employment in the civil service did not represent national ethnoreligious diversity.
Section III. Status of Societal Respect for Religious Freedom
There continued to be tension between Hindus and Muslims. Police investigations revealed, however, that some alleged cases of interreligious violence were in fact cases of retaliation stemming from domestic or personal issues.
On October 30, private radio station Top FM reported that unknown individuals vandalized five Hindu temples and other places of worship the previous night. The vandals destroyed deity statuettes and smeared blood on the places of worship. At year’s end, police had made no arrests.
The police investigation into the November 2016 incident in which unknown individuals vandalized two mosques and a predominantly Muslim cemetery in the Savanne District remained open at year’s end.
The police investigation into the December 2016 incident in which unknown individuals vandalized a Tamil temple in Port Louis remained open at year’s end, with no arrests made.
Authorities completed their investigation of the 2015 case in which two Muslim men vandalized a Hindu temple, and they sent the case to the Savanne court for prosecution. This was followed by retaliation by five Hindu men who vandalized a mosque in the south of the island.
The Council of Religions, a local organization composed of representatives from 18 religious groups, hosted regular religious ceremonies and celebrations to foster mutual understanding and enhance interfaith collaboration among faith communities. In October the council started the distribution of booklets entitled “Peace and Interfaith Dialogue” to local schools and institutions.
Section IV. U.S. Government Policy and Engagement
Embassy representatives continued to engage the government on religious freedom issues, advocating continued respect for religious diversity and tolerance. Embassy representatives met with law enforcement officials to discuss religious tensions related to incidents of vandalism. The Charge d’Affaires hosted an annual dinner for Muslim civil society members and religious leaders to highlight religious tolerance and ways to continue to foster it.
Mexico
Executive Summary
The constitution guarantees all persons religious freedom, including the right to engage in religious ceremonies and acts of worship. The General Directorate for Religious Associations (DGAR) within the Interior Ministry, which is also known as the Secretariat of Governance or SEGOB, worked with state and local officials on criminal investigations involving religious groups. As of the end of the year, the DGAR had investigated three cases from the state of Chiapas related to religious freedom at the federal level, compared with six in 2016. Government officials stated many of the killings of and attacks on Catholic priests reflected high levels of generalized criminal violence throughout the country rather than targeting for religious beliefs. Some evangelical Protestant groups in remote indigenous areas reported abuse and discrimination by other members of the community and said local governments did not effectively intervene to assist them. According to some legal experts and nongovernmental organizations (NGOs), laws intended to provide indigenous communities with autonomy to exercise traditional law had given local authorities the ability to harass some members of minority religious groups or force them to follow the majority religion in the area. Some members of minority religious groups in indigenous communities stated local authorities denied them public benefits and utility services due to their religious affiliation. According to the DGAR, most incidents of religious discrimination occurred under the jurisdiction of the state rather than the federal government.
The Catholic Multimedia Center (CMC) reported that criminal groups continued to target priests and other religious leaders in some parts of the country, including through killings, kidnappings, death threats, and extortion. The CMC reported criminal groups killed four priests and attempted to kidnap two other priests. On July 25, suspected criminal groups detonated an explosive device in front of the Mexican Episcopal Conference’s office in Mexico City. In August the CMC called Mexico the most violent country for priests in Latin America for the ninth year in a row. NGOs stated some priests were targeted because of their advocacy on human rights issues. Some evangelical Protestant groups said local community leaders pressured some Protestants in mainly rural and/or indigenous areas in Chiapas and Oaxaca States to participate in Catholic cultural-religious festivities. They said there had been instances in which those refusing to participate in the festivities, or in some cases to convert to Catholicism, faced forcible displacement from their communities, experienced arbitrary detention by local authorities, or had property destroyed by community leaders. Jewish community representatives reported low levels of anti-Semitic acts and good interreligious cooperation both from the government and civil society organizations in addressing those acts.
U.S. embassy and consulate representatives met with government counterparts to discuss concerns about violence toward Catholic priests and other religious leaders as well as reports of discrimination toward religious minorities, especially evangelical Protestants, in some communities. Embassy officials met with members of religious groups and NGOs to gather details about specific cases. During the annual U.S.-Mexico Human Rights Dialogue in December, U.S. government officials underscored the importance of protecting religious leaders.
Section I. Religious Demography
The U.S. government estimates the total population at 124.6 million (July 2017 estimate). According to the 2010 census, approximately 83 percent identifies as Roman Catholic and 5 percent as evangelical Protestant. Other religious groups, including Jews, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints (Mormons), and Muslims, together constitute less than 5 percent of the population. More than 2 percent of the population reports practicing a religion not otherwise specified, and nearly 5 percent reports not practicing any religion. Some indigenous persons adhere to syncretic religions drawing from pre-Hispanic indigenous beliefs.
Official statistics based on self-identification during the 2010 census sometimes differ from the membership figures stated by religious groups. Approximately 315,000 individuals identify themselves as Mormons in the 2010 census. Mormon officials, however, report their membership at approximately 1.3 million. There are large Protestant communities in the southern states of Chiapas and Tabasco. In Chiapas, evangelical Protestant leaders state nearly half of the state’s 2.4 million inhabitants are members of evangelical groups, but fewer than 5 percent of 2010 census respondents in Chiapas self-identify as evangelical Protestant.
According to the 2010 census, the Jewish community totals approximately 67,500 persons, of which nearly 42,000 live in Mexico City and the state of Mexico. Nearly half of the country’s approximately 4,000 Muslims are concentrated in Mexico City and the state of Mexico. There is also a small Ahmadi Muslim population of several hundred living in Chiapas, most of whom are converts and of ethnic Tzotzil Maya origin. There are also small indigenous communities of Bahai that number in the hundreds. An estimated half of the approximately 100,000 Mennonites are concentrated in the state of Chihuahua.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution states all persons are free to profess their chosen religious beliefs and to engage in ceremonies and acts of worship that do not constitute a crime or offense punishable by law. Congress may not enact laws establishing or prohibiting any religion. The constitution defines the country as secular and provides for the separation of religion and state. It prohibits any form of discrimination, including on the basis of religion.
To establish a religious association, applicants must certify that the church or religious group observes, practices, propagates, or instructs a religious doctrine or body of religious beliefs; has conducted religious activities in the country for at least five years; has established domicile in the country; and shows sufficient assets to achieve its purpose. Registered associations may freely organize their internal structures and adopt bylaws or rules pertaining to their governance and operations, including the training and appointment of their clergy. They may engage in public worship and celebrate acts for the fulfillment of the association’s purpose, lawfully and without profit. They may propagate their doctrine within applicable regulations and participate in the creation, management, maintenance, and operation of private welfare, educational, and health institutions, provided the institutions are not for profit.
To operate, religious groups are not required to register with the government. Registration is required with the DGAR, however, to negotiate contracts, purchase or rent land, apply for official building permits, receive tax exemptions, or hold religious meetings outside customary places of worship. Religious associations must notify the government of their intention to hold a religious meeting outside their licensed place or places of worship. Religious associations may not hold political meetings of any kind.
The federal government coordinates religious affairs through SEGOB. Within SEGOB, the DGAR promotes religious tolerance, conducts conflict mediation, and investigates cases of religious intolerance. The National Council to Prevent Discrimination (CONAPRED) is an autonomous federal agency responsible for ensuring nondiscrimination and equal opportunity rights, including for minority religious groups. If a party presents a dispute based on allegations of religious intolerance, the DGAR is mandated to mediate a solution. If mediation fails, the parties may submit the issue to the DGAR for binding arbitration or seek judicial redress. Each of the 32 states has offices with responsibility over religious affairs.
As of October 27, there were 8,908 religious associations registered by the DGAR. These included 8,869 Christian (an increase of 171 from 2016), 13 Buddhist, 10 Jewish, two Hindu, three Islamic, and two International Society for Krishna Consciousness groups. Bahais and Ahmadi Muslims were not officially registered.
The constitution states acts of public worship are to be performed inside places of worship. Active clergy are forbidden from holding public office, advocating partisan political views, supporting political candidates, or publicly opposing the laws or institutions of the state.
The law declares that prisoners “shall enjoy all the rights provided by the constitution and international treaties to which the state is party, provided that these have not been restricted by resolution or judgement, or their exercise is incompatible with the object of these.” Prisoners are legally guaranteed dignified and equal treatment from prison staff without distinction based on religious preferences.
Religious groups must apply for permits to construct new buildings or to convert existing buildings into houses of worship. Any religious building constructed after January 27, 1992 is the property of the religious group that built it and is subject to the relevant taxes. All religious buildings erected before then are considered part of the national patrimony and owned by the state.
The constitution requires public education be secular and not include religious doctrine. Religious groups are permitted to operate private schools and to teach religion and hold religious ceremonies at their schools. Private schools affiliated with a religious group are open to all students regardless of their religious belief or nonbelief; students in these schools are exempt from participating in religious courses and activities if they are not affiliated with the school’s religious group. Homeschooling is allowed at the secondary level after completion of schooling at an accredited primary school.
A visa category exists for foreign ministers of worship and religious associates to obtain a temporary resident visa or visitor visa without permission to perform paid religious activities.
The law states religious groups may not own nor operate radio or television stations. Government permission is required for commercial radio or television to transmit religious programming.
According to the constitution, indigenous communities have the right to autonomy and may “decide their internal forms of coexistence” and have separate legal systems to “regulate and solve their internal conflicts.” The constitution also protects the right of indigenous leaders to practice their own particular “uses and customs.” These rights sometimes conflict with the general principles and fundamental rights provided by the constitution, including freedom of religion.
The country is a party to the International Covenant on Civil and Political Rights. The country claims the following constitutional limitations to the covenant: a limitation (to Article 18) that religious acts must be performed in places of worship unless granted prior permission and a reservation (to Article 25) that religious ministers have neither a passive vote nor the right to form political associations. Professional education for ministers is not officially recognized.
Government Practices
Some evangelical groups said they did not believe the government responded adequately to their reports of abuse and discrimination by other religious groups and community leaders, especially in indigenous communities. These groups said some Protestants in mainly rural and/or indigenous areas in Chiapas and Oaxaca were pressured by local indigenous leaders operating under a special constitutionally protected legal structure of “uses and customs” to participate in Catholic cultural religious events, and some stated there was pressure to convert or return to Catholicism. According to evangelical leaders, those who refused faced forcible displacement from their communities, experienced arbitrary detention by local authorities, or had property destroyed by community leaders.
According to some legal experts and NGOs, laws intended to give indigenous communities autonomy to exercise traditional law gave local authorities the ability to harass some members of minority religious groups or force them to follow the majority religion in the area. NGOs and some religious organizations continued to state that a number of rural and indigenous communities expected inhabitants, regardless of their faith, to participate in and fund community religious gatherings, and in some cases adhere to the majority religion. There were continued reports that persons adhering to the minority religious group or coming from outside the community to proselytize faced discrimination from others within the community. Some members of minority religious groups in indigenous communities stated local authorities denied them public benefits and utilities service due to their religious affiliation.
The DGAR sometimes worked with state and local officials on criminal investigations involving religious groups. At year’s end the DGAR investigated three cases related to religious freedom at the federal level, compared with six in 2016. All of the cases investigated by the DGAR took place in the state of Chiapas. According to the DGAR, most incidents of religious discrimination were under the jurisdiction of the state government rather than the federal government. Municipal and state officials commonly mediated disputes among religious groups. Some groups said officials rarely pursued legal remedies against offending local leaders and were often unaware of the applicable laws, preferring instead to reach informal mediated solutions. The groups continued to state there were few investigations and prosecutions of crimes or abuses motivated by a victim’s belief or practice, stating this was partially a result of the lack of resources devoted to federal and state agencies and organizations working on religious freedom.
According to Christian Solidarity Worldwide (CSW), seven Protestant families in the Yaltzi community, Tres Lagunas village, Comitan municipality in the state of Chiapas, were forcibly displaced by village leaders in August due to the former’s beliefs. The group consisted of 30 individuals and included children. The families stated they came under pressure to contribute to a Catholic festival and help cover the travel expenses of a visiting Catholic priest who held Mass in the community. When they refused, village authorities cut off their access to water and electricity on August 14. To increase pressure, a group of villagers led by the mayor reportedly ordered the detention of the Protestants in the village jail over a weekend. CSW noted that local village leaders bound the Protestants, threatened to kill them, and denied them food and water. They placed other Protestants under house arrest. After being holding the seven families in jail or under house arrest on August 20-21, village leaders forcibly expelled them from their properties and from the Yaltzi community. CSW reported the state government took no action to resolve the case. The federal Office for Population, Migration, and Religious Affairs sent a letter to the state government requesting information regarding the state government’s actions to protect the seven families, who were not allowed to return to their homes.
According to Jalisco state officials, the Jalisco State Commission of Human Rights confirmed 75 members of religious minorities were expelled from the Tuxpan de Bolanos community on December 4. In news reports, Wixarica (aka Huichol) village leaders said they expelled Jehovah’s Witnesses and Baptist residents, who were also of the Wixarica indigenous group, for refusing to participate in some community activities for religious reasons. The secretary of the Jalisco state government said the government would guarantee assistance to the expelled members of the community. Jalisco’s Human Rights Prosecutor’s Office confirmed the state government had installed working groups to reconcile the right to follow traditions and customs of the indigenous groups with the right to religious freedom.
According to the DGAR, the federal government continued to promote dialogue with religious actors with the stated goal of ensuring the exercise of religious freedom and resolving conflicts arising from religious intolerance. According to CONAPRED the majority of religious discrimination complaints it received were related to religious attire of Muslims, anti-Muslim comments, and the refusal of some hospitals to treat Jehovah’s Witnesses due to the latter’s refusal to allow blood transfusions. CONAPRED said it assisted in conflict mediation related to these complaints.
Jewish community leaders said that while anti-Semitic attitudes remained a concern, the government took the issue seriously and collaborated closely with the country’s Jewish leadership to address hate speech and discrimination incidents.
Section III. Status of Societal Respect for Religious Freedom
According to NGOs and press reports, Catholic priests and other religious leaders continued to be targeted and were the victims of killings, extortion attempts, death threats, kidnappings, and intimidation by organized criminal groups. Federal government officials maintained these incidents were not a result of targeting for religious beliefs but rather incidents related to overall crime.
The CMC reported the most dangerous states for priests were Chiapas, Tabasco, Mexico City, Puebla, Tlaxcala, Hidalgo, Mexico State, Jalisco, Nayarit, Veracruz, San Luis Potosi, Colima, Culiacan, Tabasco, Michoacan, Guerrero, and Tamaulipas. The CMC reported there were four priests killed during the year, two attempted kidnappings of priests, and attacks on the Metropolitan Cathedral and the Mexican Episcopal Conference’s office. The CMC called the country the most violent country for priests in Latin America for the ninth year in a row.
In January Father Felipe Altamirano Carrillo, an indigenous priest in Nayar, Nayarit, was killed while driving. According to news reports, he was the victim of a robbery. An investigation continued at year’s end.
Police arrested and authorities charged one suspect following the May 15 assault on Father Jose Miguel Machorro, who was attacked with a knife outside his church after celebrating Mass in the Metropolitan Cathedral of Mexico City. He died of his injuries on August 3. Reports suggested the motive was criminal.
Local authorities stated the motive for the July 5 killing of Father Luis Lopez Villa in his home in Mexico State was robbery, a conclusion disputed by the CMC, which stated there was little evidence of a robbery but rather of a “brutal and premeditated murder.” Authorities arrested one suspect.
In March assailants kidnapped Catholic priest Oscar Lopez Navarro in the state of Tamaulipas. He was released the same month after an undisclosed ransom was reportedly paid.
On July 25, an unidentified man placed explosives at the headquarters of the Mexican Episcopal Conference, the principal Catholic organization in the country. The explosion caused damage to the building; no one was injured because the attack took place late at night. On August 4, a man placed a bag of explosives at the main entrance of the Mexican Episcopal Conference’s office, located adjacent to the Basilica of Guadalupe. The bag later exploded, damaging the building
In August CSW stated that teachers had forced the 13-year-old daughter of a Protestant pastor in El Mosco, Oaxaca State, to participate in Day of the Dead festivities – which mix Catholic holy days and indigenous traditions – and that the principal threatened to lower her grades if she continued to refuse to participate. At year’s end, the outcome of the incident was unclear.
Jewish community representatives reported low levels of anti-Semitic acts and good interreligious cooperation both from the government and civil society organizations in addressing what they said were rare instances of anti-Semitic acts.
Section IV. U.S. Government Policy and Engagement
U.S. embassy and consulate representatives met with government officials responsible for religious and indigenous affairs at the federal and state levels. The representatives raised concerns regarding the continued killings of Catholic priests and abuses against religious minorities, especially evangelical Protestants, by religious majority groups and local authorities.
Embassy representatives met with members of religious groups and religiously affiliated NGOs, including Libertad y Dignidad, the Central Jewish Committee, Tribuna Israelita, the Catholic Multimedia Center, Impulso 18, and Coordination of Christian Organizations, to discuss the safety of religious workers working on humanitarian issues, assess the status of religious freedom, and express support for religious tolerance.
During the annual U.S.-Mexico Human Rights Dialogue in December, officials from the Department of State underscored the importance of protecting human rights defenders, including religious leaders.
Moldova
Executive Summary
The constitution protects the right of individuals to practice their religion and states religious groups are autonomous and independent from the state. The law, however, recognizes the “exceptional importance” of Orthodox Christianity. Minority religious groups and others reported the government continued to provide preferential treatment to the Moldovan Orthodox Church (MOC) and that the MOC exerted strong influence over government policies and electoral politics. Several legal cases involving minority religions continued to be unresolved. The case of two leaders of the Family Federation for World Peace and Unification (Unification Church) who were released from house arrest in 2016 was pending. Minority religious groups continued to state that local public administrations in rural areas commonly discriminated against them. Jehovah’s Witnesses continued to report poor police response to acts against them. Jehovah’s Witnesses, Pentecostals, and Baptists reported continuing difficulty in obtaining buildings in which to worship despite court orders. In September the Supreme Court of Justice ruled in favor of the Jewish community by dismissing a claim lodged by the Agency of Public Property and upholding the Court of Appeals decision. The Court of Appeals decision rejected the Agency of Public Property’s claim on the Rabbi Tsirilson Synagogue and Magen David Yeshiva ruins, both purchased by the Jewish community in 2010. Following parliament’s 2016 endorsement of the Elie Wiesel Commission’s Report on the Holocaust, the government approved a 2017-19 action plan that included a commitment to establish a National Holocaust Museum; special sessions of parliament and government to commemorate Holocaust victims; and developing content on the Holocaust for history textbooks. A new law, which allows individuals, but not companies or other legal entities, to redirect 2 percent of their income tax to nongovernmental organizations (NGOs) or religious organizations, came into force in January.
In the separatist Transnistria region, NGOs continued to report that the de facto authorities discriminated against, restricted the activities of, and monitored activities of minority religious groups. The de facto authorities barred Jehovah’s Witnesses from displaying religious literature, and the Muslim community said it continued to refrain from overt religious activities because of past intimidation by the de facto authorities. Three Jehovah’s Witnesses’ complaints of discriminatory acts in Tiraspol to the UN Human Rights Committee against the country of Moldova and the Russian Federation remained pending at year’s end.
On March 22, three Jehovah’s Witnesses reported a verbal attack by an Orthodox priest. The Islamic League, which encompasses a majority of the Muslim community in the country as the only registered Muslim umbrella organization, reported an incident in November in which a Chisinau school teacher humiliated a Muslim student in front of his classmates, saying, “You are those who kill” and “Islam itself kills.” The Jewish community reported two acts of vandalism during the year, a decrease from the previous year. On August 24, a monument to the victims of the Holocaust was damaged the night before its opening ceremony. In April unknown vandals set fire to plants and stray animals, causing damage to a cemetery in Chisinau.
The Ambassador regularly engaged the government on the case of the Rabbi Tsirilson Synagogue and Magen David Yeshiva. The embassy sponsored several events that focused on religious freedom and tolerance, such as a photographic exhibit at parliament from the U.S. Holocaust Museum, and presentation of a book entitled “The Kishinev Ghetto in 1941-1942: A Documentary History of the Holocaust in Romania’s Contested Borderlands” together with the Ministry of Culture. The Ambassador and embassy officials called for enhancing interfaith tolerance and dialogue. U.S. embassy officials discussed respect for the rights of religious minorities and combating religious intolerance with representatives of religious minorities.
Section I. Religious Demography
The U.S. government estimates the population at 3.47 million (July 2017 estimate). According to the 2014 census, the predominant religion is Orthodox Christianity, with 90 percent of the population belonging to one of two Orthodox Christian groups. Of Orthodox adherents, approximately 90 percent belong to the MOC, which is subordinate to the Russian Orthodox Church, and the remaining 10 percent belong to the Bessarabian Orthodox Church (BOC), which falls under the Romanian Orthodox Church. Nearly 7 percent of the population did not identify a religious affiliation. The largest non-Orthodox religious groups, accounting for 15,000 to 30,000 adherents each, are Baptists, Jehovah’s Witnesses, and Pentecostals. Groups that together constitute less than 5 percent of the population include Seventh-day Adventists, evangelical Christians, Roman Catholics, evangelical Lutherans, Muslims, Jews, and atheists.
Smaller religious groups include Bahais, Molokans, Messianic Jews, Presbyterians, The Church of Jesus Christ of Latter-day Saints (Mormons), Evangelical Christian Church, Unification Church), other Christians, Falun Gong, and the International Society of Krishna Consciousness.
In the separatist Transnistria region, an estimated 80 percent of the population belongs to the MOC. Other religious groups in the region include Catholics, followers of Old Rite Orthodoxy, Baptists, Seventh-day Adventists, evangelical and charismatic Christians, Jews, Lutherans, Muslims, and Jehovah’s Witnesses.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution stipulates equal treatment for all citizens regardless of religion and guarantees freedom of conscience, manifested in “a spirit of tolerance and mutual respect,” and of religious worship. It states religious groups may organize and operate according to their own statutes, independent from the state. The constitution prohibits all actions instigating religious hatred and “any manifestation of discord” between religious groups. The constitution stipulates the state shall support religious worship, including facilitating religious assistance in the army, hospitals, penitentiaries, nursing homes, and orphanages.
The law states every person has the right to belong or not belong to a religion, to have or not have individual beliefs, to change religion or beliefs, and to practice religion or beliefs independently or as a group, in public or in private, through teaching, religious practices, or rituals. According to the law, religious freedom may be restricted only if necessary to ensure public order and security, to protect public health and morality, or to protect a person’s rights and freedoms. The law also prohibits discrimination based on religious affiliation.
The law stipulates that the state recognize the “exceptional importance and fundamental role” of Orthodox Christianity, particularly that of the MOC, in the life, history, and culture of the country.
The law allows religious groups to establish associations and foundations. It permits local religious groups to change their denominational affiliation or dissolve themselves. The law exempts registered religious groups from paying real estate and land taxes.
In January a law came into force that allows individuals, but not companies or other legal entities, to redirect 2 percent of their income tax to NGOs or religious organizations. Religious groups wanting to benefit from the new provisions must register with the Ministry of Justice (MOJ), and use the amounts received only for social, moral, cultural, and/or charitable activities. The law exempts religious organizations from registration fees and from paying tax on the income received as donations under the 2 percent law.
The law provides for a registration process in which a religious group must present to the MOJ a declaration including its exact name, fundamental principles of belief, organizational structure, and scope of activities, financing sources, and rights and obligations of membership. The law also requires a group to show it has at least 100 founding members. A religious group must present proof of having access to premises where it can conduct its religious activities, but the law does not specify that the group must own this property. The MOJ is required by law to register a religious group within 30 days if the registration request is made according to law. The applicant may request this term to be extended if the government determines the documentation submitted is insufficient. At the request of the MOJ, a court may suspend the registered status of a religious group if it “carries out activities that harm the constitution or laws,” or “affects state security, public order, [or] the life and security of the people.” The law also provides for suspension or revocation of a religious group’s registration in case of violation of international agreements or for political activity.
The law does not require registration, but only registered religious groups possess status as legal entities allowing them to build churches, own land in cemeteries or other property, publish or import religious literature, open bank accounts, or employ staff. Registration also exempts them from land taxes and property taxes. Individual churches or branches of registered religious groups are not required to register with the MOJ as long as they do not carry out legal transactions and do not receive donations as local legal entities. The parent organization must exercise authority in those areas for unregistered local branches.
The law allows all religious groups to hold services at state facilities, including prisons, orphanages, hospitals, schools, and military and police institutions, at the request of individuals in such institutions, provided they obtain the approval of the institution’s administration.
Through an agreement with the MOJ, MOC chaplains have free access to detention facilities for religious assistance without prior approval of the prison administration. In addition, the MOC has a separate agreement with the Ministry of Defense, which allows MOC priests to preach to army units, bless military personnel prior to their deployment in peacekeeping missions, and distribute religious literature to libraries within the army.
The law bans religious entities from engaging in political activity and prohibits “abusive proselytism,” defined as the action of changing religious beliefs through coercion.
Although the law provides for restitution of property confiscated during the successive fascist and Soviet regimes to politically repressed or exiled persons, the provision does not apply to property confiscated from religious groups. Under previous agreement between the Ministry of Culture and the MOC, the government transferred control of most confiscated churches and monasteries to the MOC. Property disputes between the MOC and BOC churches have not been resolved. The Ministry of Culture is responsible for the remaining churches and monasteries not under the control of the MOC. Local authorities working through the Ministry of Culture may arrange with local parishes to return or lease those churches or monasteries to religious groups. Property restitution continued to be a problem for the Jewish community, and there is no law to address it.
The constitution provides for freedom of religious education and stipulates the state educational system “shall be of a lay nature.” According to the law, religion classes in state educational institutions are optional. Students submit a written request to the school’s administration to enroll in a religion class. Religion classes are offered in grades one through nine. No alternative classes are offered for those who choose not to enroll in religion classes. The religion curriculum offers two types of courses: one for Orthodox denominations and Roman Catholics, and the second for evangelical Christians and Seventh-day Adventists. The religious curriculum for Orthodox and Catholic groups derives from instructional manuals developed by the Ministry of Education with input from the MOC and includes teaching guidelines developed with the support of the BOC. Teachers and Orthodox priests teach these optional courses, which focus on Orthodox Christianity. Teachers and representatives of the Evangelical Christian Church teach the second course, which is based on translated religious manuals and literature from Romania, the United States, and Germany. Both courses teach religious doctrine as well as moral and spiritual values.
The law mandates immunization of all children before they may enroll in kindergarten. It does not provide an exception for religious reasons.
The Anti-Discrimination Council, established by law, is an independent institution charged with reviewing complaints of discrimination, including discrimination of a religious character or based on religious affiliation. Parliament chooses members through a competitive process, appointing them to five-year terms. The council does not have sanctioning powers; however, it can determine if an act of discrimination took place, offer advice on how to remedy the situation, and send requests to prosecutors to initiate criminal proceedings. It can also suggest pertinent legislative amendments or participate in working groups authoring legislative initiatives.
According to the law, citizens ages 18 to 27 have the right to choose civilian over military service if the latter runs counter to their religious beliefs. The standard duration of both alternative civilian and military service is 12 months; university graduates may choose six months of civilian service or three months of military training. Those who choose civilian service may complete it at public institutions or enterprises specializing in such areas as social assistance, health care, industrial engineering, urban planning, roads and road construction, environmental protection, agriculture or agricultural processing, town management, and fire rescue. There are no blanket exemptions for religious groups from the civilian service alternative, but higher-ranking clergy, monks, and theology students are exempted from alternative service. Refusal to enroll in civilian service is punishable by a fine up to 32,000 lei ($1,900) or between 100 and 150 hours of community service.
The law defines as “extremist” and makes illegal any document or information justifying war crimes or the complete or partial annihilation of a religious or other kind of societal group as well as any document calling for or supporting activities in pursuit of those goals.
Foreign missionaries may submit work contracts or volunteer agreements to apply for a temporary residency permit and may reside and work in a paid status or as unpaid volunteers. Only missionaries working with registered religious groups may apply for temporary residency permits. Foreign religious workers with these permits must register with the National Agency for the Occupation of the Workforce, the Bureau for Migration and Asylum, and the Ministry of Information Technology and Communications. They must present documents confirming the official status of the registered religious group for which they will work, papers confirming their temporary residence, and proof of valid local health insurance. Other foreign missionaries belonging to registered religious groups may remain for 90 days on a tourist visa.
In separatist Transnistria, Transnistrian “law” affirms the special role of the Orthodox Church in the region’s culture and spirituality. The de facto law “recognizes respect” for Christianity, Islam, Buddhism, Judaism, and other religious groups historically present in the region. All religious groups, whether registered or not, officially have freedom to worship, but the law permits restrictions on the right to freedom of conscience and religion “if necessary to protect the constitutional order, morality, health, citizens’ rights and interests, or state defense and security.” Foreign citizens also have the freedom to worship. The prosecutor’s office oversees implementation of the law on religious freedom.
In March amendments to the Transnistrian “law” on religion entered into effect, prohibiting proselytizing in persons’ homes and limiting distribution of religious literature to houses of worship and special premises designated by the “authorities.”
The same “law,” passed in 2009, requires the reregistration of religious groups to operate legally in the region. The region’s self-declared “Ministry of Justice” registers religious groups and monitors their adherence to the goals and activities set forth in their statutes. Registration provides a number of advantages to religious groups, including the ability to own and build places of worship, open religious schools, and publish literature.
To register, a local religious group must present proof of activity in the region for at least 10 years; a list comprising at least 10 members ages 18 years or older with permanent residence in one of the seven administrative-territorial units in the region and Transnistrian “citizenship”; a list of founders and governing members and their personal details; the group’s charter, statutes, and minutes of its constituent assembly; basic religious doctrine; contact details of its governing body; and a receipt indicating payment of the registration fee. Local religious groups may also register as part of a centralized religious organization, which must consist of at least three local religious groups that have previously registered separately as legal entities. In that case, their application must additionally include a copy of the registration papers of the centralized organizations. The central religious organizations must inform the registration authority on a yearly basis about intentions to extend their activities.
The de facto authorities must decide to register a religious group within 30 days of the application. If they decide to conduct a religious assessment, which is a law enforcement investigation of the group’s background and activities, registration may be postponed for up to six months or denied if the investigating authorities determine the group poses a threat to the security or morality of the region, or if foreign religious groups are involved in its activities.
Foreign religious groups may not register or undertake religious activities. Foreigners may only worship individually; they may not be founders or members of religious groups.
Religious groups disband on their own decision or upon a “court’s” decision. The “prosecutor’s office” or the region’s de facto executive, city, or district authorities can request the courts to disband or suspend a religious group on multiple grounds, including disturbing public order or violating public security; conducting extremist activities; coercing persons into breaking up their families; infringing on citizens’ identity, rights, and freedoms; violating citizens’ morality and well-being, including the use of psychotropic substances, drugs, hypnosis, or perverse activities during religious activities; encouraging suicide or the refusal of medical treatment for religious reasons; obstructing compulsory education; using coercion for alienation of property to the benefit of the religious community; and encouraging refusal to fulfil civic duties.
The “law” allows the use of private homes and apartments to hold religious services. It does not, however, allow religious groups to use homes and apartments as their officially registered addresses. The “law” also allows such groups to hold religious services and rituals in public places such as hospitals, clinics, orphanages, geriatric homes, and prisons.
The authorities screen and may ban the import and export of religious printed materials, audio and video recordings, and other religious items.
According to the “law,” citizens have the right to choose alternative civilian service over military service if the latter contradicts an individual’s religion and beliefs. Alternative civilian service may be performed only at organizations under the Transnistrian authority or “other military forces,” and at institutions subordinate to the “executive bodies of the state or local administration.”
The de facto authorities do not allow religious groups to participate in elections or other political party activities or to support NGOs involved in elections.
Moldova is not a party to the International Covenant on Civil and Political Rights.
Government Practices
Summary paragraph: Religious minorities reported various difficulties such as lack of tolerance, verbal abuse, and discrimination when renting or purchasing property or building houses of worship. They stated that in general the central authorities were more supportive but they often encountered opposition from local authorities. In a July 3 meeting with 100 MOC priests to discuss the impact of religion on society, President Igor Dodon said, “Orthodoxy is the force uniting the majority of ethnic minorities. Consolidation of Moldovan society is only possible through a moral-spiritual foundation like the Christian Orthodox faith.” In September the Supreme Court ruled in favor of the Jewish community by dismissing the claim lodged by the Agency of Public Property and upholding the Court of Appeals decision that rejected the Agency of Public Property’s claim on the Rabbi Tsirilson Synagogue and Magen David Yeshiva ruins, both purchased by the Jewish community in 2010.
The Unification Church reported no developments in the case of their two leaders’ arrest in 2015 and later release on judicial control on human trafficking charges, which remained pending at year’s end. Authorities had arrested Mihai Calestru and Oleg Savencov on human trafficking charges, saying they had recruited, transported, and harbored persons for labor exploitation. They also charged that the Church was founded as an organized criminal group. While under judicial control, the church leaders had no restrictions on worship or practice, and they moved freely throughout the country.
The MOJ registered 38 religious entities during the year, consisting of religious groups as component parts of existing religious denominations, including the Baptist Church, Old Rite Church, MOC, BOC, Evangelical Church, Seventh-day Adventists, and Union of Pentecostal Churches. It did not reject any registration applications.
During the year, 46 religious groups received 1.65 million lei ($96,800) from redirected income tax.
The Falun Gong associations’ two complaints to the European Court of Human Rights filed in 2015, after they exhausted all national court proceedings facing charges of violating the law on extremist activity by the Falun symbol incorporating five swastikas based on Buddhist and Chinese tradition, were pending at year’s end. They also had a pending case in the courts on the liquidation of the organization.
Jehovah’s Witnesses leaders reported opposition from local authorities in acquiring properties for building houses of worship. Most of their requests were slowed by refusal of local authorities to issue permits, urban building certificates, or authorizations for construction; long court proceedings; and residents protesting their presence. Police failed to prosecute individuals who threatened or verbally abused members of Jehovah’s Witnesses in rural localities, such as the failure to prosecute a priest who verbally threatened three Jehovah’s Witnesses with physical violence in Vulpesti.
In September the Ciorescu Village Council banned religious preaching and distribution of religious literature in the territory of Ciorescu, calling it “propaganda.” Following this decision, police charged two Jehovah’s Witnesses representatives with distributing religious literature in the territory on December 15. The police officer testified he was forced to fine them, according to Jehovah’s Witnesses representatives; the Jehovah’s Witnesses then filed a complaint with the court.
In March the Union of Pentecostal Churches filed a complaint with the court against the MOJ, Falesti local administration, and the court bailiff requesting compensation for nonmaterial losses suffered, due to the failure to reasonably enforce a 2010 court ruling. In 2010, after five years of litigation with the local administration in the city of Falesti, the Supreme Court issued a final ruling ordering the local mayor to change the designation of the building from a private home to a church. Local administration officials, however, refused to follow the court ruling. The case was pending at year’s end.
In September, after three years of dispute, the Supreme Court ruled in favor of the Jewish community by dismissing the claim lodged by the Agency of Public Property and upholding the Court of Appeals decision that rejected the Agency of Public Property’s claim on a synagogue and yeshiva. In 2010 the Jewish community had purchased the Rabbi Tsirilson Synagogue and Magen David Yeshiva ruins, later claimed by the Agency of Public Property.
Through an earlier agreement with the Ministry of Labor, Social Protection, and Family, the MOC continued to develop a network of social assistance, including opening day care centers and temporary shelters within churches and monasteries.
The authorities continued to grant greater freedom to the MOC, compared to other religious groups, to import religious materials and privileges pertaining to the restitution of church property. In addition, the government also continued to grant privileges, such as invitations to officiate at state-sponsored events, national holidays, and blessing ceremonies at schools, to MOC clergy it did not grant to other religious groups.
In August an online petition by a civic group requested the Ministry of Education, Culture, and Research to ban blessing services during an opening ceremony of the school year. The ministry declined to intervene, stating it was in the local authorities’ power to decide on the issue. The MOC decided blessing services during school opening ceremonies should be no longer than five minutes.
On July 3, President Igor Dodon met with 100 MOC priests to discuss the impact of religion on society, making a donation of 8,000 books to be used for studying Orthodox Christianity in schools. A press release quoted President Dodon as stating, “Orthodoxy is the force uniting the majority of ethnic minorities. The Christian Orthodox faith is the only moral-spiritual basis able to strengthen Moldovan society.”
The Seventh-day Adventists Reform Movement continued to report problems enrolling children in preschools as a result of their refusal to have children immunized. In response to an appeal sent to the Ministry of Health in September, the minister of education stated the refusal of mandatory immunization of children for religious reasons should not be an impediment to their enrollment in schools. According to the Ministry of Education, a health certificate should be sufficient to allow enrollment. A working group created in 2016 by the ministry tasked with ensuring access to educational facilities to children whose parents refused them immunization for religious or philosophical reasons continued to meet during the year but made no recommendations.
Representatives of the Union of Pentecostal Churches continued to report problems with the customs office, including its raising artificial barriers, as well as imperfect legislation, restricting imports of humanitarian assistance.
Minority religious groups, including Baptists, Pentecostals, Jehovah’s Witnesses, and Muslims, reported local authorities were often reluctant to allocate land for the construction of houses of worship. Jehovah’s Witnesses stated local mayors or councilors were pressured by Orthodox priests to discriminate against Jehovah’s Witnesses, and local public officials and priests serving as local councilors refused to execute court orders allowing use of facilities by Jehovah’s Witnesses for worship.
On June 7, an appeals court overturned a 2016 lower court decision in a permit case for a building owned by Jehovah’s Witnesses. The lower court ruled in favor of the Jehovah’s Witnesses, allowing for construction to go forward. The appeals court referred the case back to the lower court on the grounds that the lower court had not conducted proper due diligence to verify the validity of the building permit. The case was pending at year’s end. Jehovah’s Witnesses reported the case began in 2016 when the mayor and local councilors in Olanesti refused to grant a zoning change that would allow the community to use its completed Kingdom Hall, for which they said they had completed all bureaucratic formalities and provided all necessary documentation.
NGOs and advocacy groups noted the government had no laws or mechanisms in place to address Holocaust-era claims of communal property restitution and reported the government had made no progress on resolution of these claims, including for foreign citizens.
The Jewish Community of Moldova continued to report state authorities failed to respond to anti-Semitic acts, including vandalism and hate speech. Community leaders continued to state police were reluctant to take action or allowed the perpetrators to escape prosecution.
In May the government approved an action plan for 2017-19 on the implementation of parliament’s 2016 endorsement of the Elie Wiesel Commission’s Report on the Holocaust. The action plan provides for a number of specific actions, including a commitment to establish a National Holocaust Museum in Chisinau; special one-hour sessions of the parliament and government to commemorate Holocaust victims on January 27, including a nationwide moment of silence; developing an optional curriculum for high schools and a general schools course: The Holocaust: History and Lessons; developing content on the Holocaust for history textbooks; and organizing guided tours to Holocaust memorial sites. The Jewish community reported limited government progress in fulfilling this plan.
Abuses by Foreign Forces and Nonstate Actors
Human rights experts, including representatives from Promo-Lex, continued to report minority religious groups in Transnistria not favored by the Russian Orthodox Church, including Muslims, Jehovah’s Witnesses, Baptists, and Pentecostals, were treated unequally as compared to the more “traditional” religious groups. Minority religious groups, such as the Jehovah’s Witnesses, continued to refrain from requesting registration or from engaging in any other activities due to the history of local authorities refusing to register these groups and preventing them from displaying or distributing religious literature. The Muslim community reported the Transnistria de facto authorities suggested it join the Russian Muslim community and stay away from the Moldovan Muslim community. According to minority religious groups, local security forces continued monitoring their activities.
Jehovah’s Witnesses said Transnistrian de facto authorities continued to refuse to reregister two local Jehovah’s Witnesses groups. The UN Human Rights Committee sent a complaint made by the Jehovah’s Witnesses in Tiraspol against Moldova to the Moldovan authorities for comments. In 2016 three Jehovah’s Witnesses in Tiraspol filed complaints against Moldova (which had sovereignty, but not control, over Transnistria) and the Russian Federation to the UN Human Rights Committee for refusing to reregister the religious group.
The Muslim community continued to run a cultural and an educational center in Transnistria but again did not attempt to register as a religious community. The Muslim community continued to state it avoided undertaking any overt religious activity because of previous attempts by the region’s authorities to intimidate it.
Section III. Status of Societal Respect for Religious Freedom
Jehovah’s Witnesses reported five incidents of societal abuse, consisting mainly of verbal intimidation, and actions impeding religious activities. For instance, on March 22, Jehovah’s Witnesses reported Ciugureanu Viorel, an Orthodox priest, prevented three Jehovah’s Witnesses from exercising their religious rights in Vulpesti village and verbally threatened to assault them. The victims filed a complaint with police, who found the priest’s actions did not break any law; police did, however, verbally warn the priest not to interfere with the religious rights of the Jehovah’s Witnesses in the future.
Jehovah’s Witnesses continued to state that in a number of villages, local Orthodox priests instigated hatred and obstructed efforts by the Jehovah’s Witnesses to either build new houses of worship or change the designation of premises they purchased.
According to the Islamic League, societal attitudes toward Muslims continued to improve, compared with previous years, but local media continued to exhibit a critical attitude and bias against Islam, portraying it in a negative light in news articles and broadcasts. The Islamic League also said media outlets described crimes as “terrorist attacks” when a Muslim was involved, while news involving a non-Muslim was reported as a “crime” or “armed attack.” Following one such report, Muslim women were mocked in the streets and called “terrorists.”
The Islamic League reported Muslims faced discrimination in renting properties for housing.
The Islamic League reported a case of public humiliation of a pupil by a Chisinau schoolteacher that occurred in November. The teacher publicly humiliated the pupil in front of his schoolmates because he was a Muslim, saying, “You are those who kill” and “Islam itself kills.” At the parents’ request, the teacher apologized and promised this would never happen again.
Leaders of the Jewish community reported two acts of vandalism, a decrease from the previous year. On August 24, the monument to Holocaust victims in Orhei was damaged the night before the opening ceremony. Leaders submitted a complaint to local police, who arrested suspects. An investigation of the incident continued as of year’s end. In April vandals set fire to plants and stray animals in the Jewish cemetery in Chisinau, causing damage to some headstones. A complaint was submitted to police, but the case remained unresolved at year’s end. Anti-Semitic discourse and attitudes were present in recurrent comments and news items in some media outlets. A writers’ association reportedly nominated Paul Goma, a Romanian author accused of writing anti-Semitic texts, for the Nobel Prize in Literature.
In Chisinau in September the ‘NEVER AGAIN’ Association, Friedrich Ebert Foundation, Jewish Community of Moldova, and Oral History Institute in Chisinau organized a series of lectures and discussions framed around the recent publication of Golden Harvest: Events at the Periphery of the Holocaust by a Princeton University historian. The events featured discussion regarding relations between Christians and their Jewish neighbors during the Holocaust and after the war. Prior to the discussion on September 13, Theatre Spalatorie performed Nicoletta Esinencu’s Clear History, which deals with the Holocaust in Bessarabia.
Section IV. U.S. Government Policy and Engagement
The Ambassador regularly encouraged the prime minister to resolve the case of the Rabbi Tsirilson Synagogue and Magen David Yeshiva. Embassy officials organized events promoting religious tolerance together with the government. In a March event held at parliament, the Ambassador delivered remarks at the opening of an exhibit displaying photographs on loan from the Kedem Jewish Center and the U.S. Holocaust Memorial Museum. The Ambassador noted that the country had made significant progress in honoring the memory of those who perished at the hands of the Nazis and was taking steps to teach the young generations about these tragic events. The embassy, together with the Ministry of Culture, organized a book presentation on “The Kishinev Ghetto in 1941-1942” by a museum official, hosted by parliament on February 9. The official also traveled to Transnistria to present his book.
Embassy officials met with leaders and representatives of the MOC, BOC, Jehovah’s Witnesses, Muslim groups, Baptist Church, and Pentecostal Church to discuss religious freedom, societal attitudes, and government actions or inaction with regard to religious groups. Embassy representatives also continued to meet regularly with leaders of the Jewish community to discuss respect for their rights and the challenges faced by the community.
On June 19, the embassy hosted an iftar with leaders and representatives of the Muslim community. Speaking at the event, the Ambassador noted tolerance of minority religious groups and interfaith dialogue in the country had improved in recent years, adding that only a tolerant society where human rights are respected, including religious freedoms, could be truly democratic and prosperous.
Monaco
Executive Summary
The constitution guarantees freedom of religion and its public expression and prohibits compelling participation in religious ceremonies. Roman Catholicism is the state religion and state ceremonies often include Catholic rituals. Religious groups have to apply to the government to build a public place of worship and to receive recognition, which provides certain legal rights and privileges. In July the Supreme Court annulled the government’s decision not to recognize the Jehovah’s Witnesses. Optional Catholic religious instruction is available in public schools.
The only private religious schools were Catholic. According to the government, there was insufficient demand for non-Catholic private religious schools.
The U.S. Consulate General in Marseille queried the government about religious freedom and received a written response stating all religious groups had “total freedom of worship.” In September and December a representative from the U.S. Consulate General in Marseille discussed religious freedom issues with Protestant, Muslim, and Jewish representatives.
Section I. Religious Demography
According to the U.S. government, the total population is 31,000 (July 2017 estimate), of whom 7,600 are citizens. According to the 2016 census, the total population is 37,000, of whom 8,400 (22.5 percent) are citizens. The Catholic archdiocese estimates that 90 percent of the population is Catholic. Protestant officials stated that Protestants are the second largest group after Roman Catholics, representing 2 percent of the population with 200-220 families. According to the European Jewish Congress and the local Association Culturelle Israelite (Jewish Cultural Association), approximately 1,000 residents, most of whom are noncitizens, are Jewish. According to a long-time Muslim resident, there is a small Muslim community of approximately 280 people, most of whom are noncitizens from North Africa. The Jehovah’s Witnesses report they have several hundred members resident in the country. A small number of residents adhere to other religious beliefs.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution guarantees individuals the freedom of religion and public worship and protects the freedom to express opinions on all issues, provided no crimes are committed in the exercise of those freedoms. No one may be compelled to participate in the rites or ceremonies of any religion or to observe its days of rest.
The constitution states Roman Catholicism is the state religion.
Any religious group wishing to construct a place of worship in a public space must register a request with the Ministry of Interior.
Associations, including religious ones, must request formal recognition from the Ministry of the Interior, which provides a response within one month. Recognized religious groups obtain certain attendant rights and privileges, such as the ability to hire employees and possess property. The government has granted formal recognition to the Protestant and Jewish communities.
Catholic religious instruction is available in schools as an option requiring parental authorization. Private schools may provide religious instruction for religions other than Catholicism.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Catholic rituals were generally a part of state ceremonies, including annual national day celebrations.
While the government’s stated policy was to consider non-Catholic religious groups’ requests to build public places of worship on a case-by-case basis, the government reported it did not receive any requests for new sites.
In July the Supreme Court annulled a decision by Minister of State (prime minister-equivalent) Serge Telle to refuse recognition of the country’s Association of Jehovah’s Witnesses. The minister of state had refused recognition on January 8, 2016 citing “serious and legitimate doubts regarding the sectarian nature of the denomination of Jehovah’s Witnesses.” The Supreme Court called the minister’s justification for the refusal “too vague.” The court added that “freedom of association holds an especially strong legal stature… [and]…the refusal to grant recognition of a declaration duly justified is not necessarily legal.”
Section III. Status of Societal Respect for Religious Freedom
The only private religious schools were Catholic. According to the Ministry of Foreign Affairs, there was insufficient demand for private schools offering instruction in other religions.
A long-time Muslim resident stated there were no pending requests to the government to build a mosque, as the Muslim community could not afford to buy property for a mosque and there was a nearby mosque in Beausoleil, France, less than one kilometer (0.6 miles) away. Muslim residents also worshipped in private prayer rooms inside their own residences.
Section IV. U.S. Government Policy and Engagement
The U.S. Consulate General in Marseille queried the government about the state of religious freedom in the country. The Ministry of Interior responded in writing that there was “total freedom of worship for any religious group.”
A representative from the U.S. Consulate General in Marseille met with Protestant, Muslim, and Jewish representatives in September and December and discussed their perceptions of religious freedom in the country.
Mongolia
Executive Summary
The constitution provides for “freedom of conscience and religion,” prohibits discrimination based on religion, and mandates the separation of the activities of state and religious institutions. The law requires religious institutions to register with authorities and broadly describes registration procedures, leaving most specifics of implementation to local authorities. On July 1, a new law came into effect that continues prohibitions on hindering the free exercise of faith and prohibits religious organizations or representatives from proselytization through force, pressure, or deception, or spreading “cruel” religious ideology. Another new law, also effective July 1, continues prohibitions on individuals and legal entities registered with the government from recruiting children to a religion against their will, disclosing an individual’s religion on identity documents without his or her consent, and interfering with the internal affairs of a religious organization unless otherwise allowed by law. Both laws increased the fines for violation of these provisions. The law also prohibits religious legal entities from conducting or financing government or political activity and from organizing religious training or gatherings at public premises, including schools. Some religious groups reported continued difficulties in some localities obtaining and renewing registration due in part to differing registration guidelines among provinces, changing registration practices, and the necessity for each branch of a religious group to register separately. For example, as of October the local Citizens’ Representative Khural of the Capital City (Ulaanbaatar Assembly) granted renewals for 70 religious organizations, cancelled five registrations, and suspended 23 others. Some regions reportedly delayed new registrations for years. Foreign citizens seeking to enter the country to proselytize must obtain religious visas, and some reportedly faced difficulty doing so. There is no regulation of citizens who wish to proselytize.
There were reports of local or social media-based harassment of Christians and members of other minority religious groups.
U.S. officials discussed religious freedom concerns, including uneven application of visa laws and the registration difficulties religious groups face, with government officials at all levels, including during meetings with high-level officials in the Office of the President, Ministry of Foreign Affairs, and parliament; provincial government officials; and the Ulaanbaatar Assembly. Embassy officials met regularly with religious leaders across the country to discuss religious freedom and tolerance. In January the Ambassador hosted a group of young societal leaders for a discussion focused on tolerance and religious freedom. The embassy invited Buddhist, Christian, Shamanist, and Muslim leaders to an embassy roundtable in September that focused on promoting respect for religious freedom, interreligious dialogue, and religious tolerance. The embassy also promoted religious freedom on social media.
Section I. Religious Demography
The U.S. government estimates the total population at 3.1 million (July 2017 estimate). In the last official census, conducted in 2010, 53 percent of individuals ages 15 and above self-identified as Buddhist, 3 percent as Muslim, 2.9 percent as Shamanist, and 2.1 percent as Christian. Another 38.6 percent stated they had no religious identity. According to a Buddhist scholar, the majority of Buddhists are Mahayana Buddhists. Many individuals practice elements of Shamanism in combination with other religions, particularly Buddhism. The majority of Christians are Protestant; other Christian groups include The Church of Jesus Christ of Latter-day Saints (Mormons), Roman Catholic Church, Jehovah’s Witnesses, and the Russian Orthodox Church. Religious groups such as the Family Federation for World Peace and Unification (Unification Church) also have a presence.
The ethnic Kazakh community, located primarily in the northwest, is majority Muslim.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution lists “freedom of conscience and religion” among the enumerated rights and freedoms guaranteed to citizens. The constitution prohibits discrimination based on religion, prohibits the state from engaging in religious activity, and prohibits religious institutions from pursuing political activities. The constitution specifies, “The relationship between the State and religious institutions shall be regulated by law.” The constitution provides that, in exercising their rights, persons “shall not infringe on the national security, rights, and freedoms of others and violate public order.” The constitution says the state shall respect all religions, and religions shall honor the state. The religion law provides “the State shall respect the dominant position of Buddhism” in the country “in order to respect and uphold the traditions of the unity and civilization of the people” of the country. It furthers says, “This shall not prevent citizens from following other religions.”
The new criminal code, effective July 1, increased certain fines. If an individual is found to have used or threatened the use of force in order to hinder the activities or rituals of religious organizations, the individual is subject to a fine ranging from 450,000 to 2.7 million Mongolian Tugriks (MNT) ($185 to $1,100), a community-service obligation of 240-720 hours, or a travel ban ranging from one to six months. This law also increased fines, which now range from MNT 450,000 to 5.4 million ($185 to $2,200), and contains a travel ban ranging from six to 12 months, or six to 12 months’ imprisonment if a religious organization or religious representative, such as a priest, minister, imam, monk, or shaman, is found to have committed acts of proselytization through force, pressure, or deception or was found to have spread “cruel” religious ideology.
The new law on petty offenses, effective July 1, also increased certain fines. It contains fines of MNT 100,000 ($41) for individuals and MNT 1 million ($410) for legal entities for recruiting children to religion against their will. The new law contains a fine of MNT 100,000 ($41) for individuals and MNT 1 million ($410) for any legal entity for disclosing an individual’s religion on identity documents without their consent or interfering with the internal affairs of a religious organization unless otherwise allowed by law. The law also contains a fine of MNT 150,000 ($62) for individuals and MNT 1.5 million ($620) for legal religious entities for conducting government or political activity, or financing any such activity. A fine of MNT 300,000 ($120) for individuals and MNT three million ($1,200) for legal entities for organizing religious training or gatherings at public premises, including schools, is in the new law.
The religion law forbids the spread of religious views by “force, pressure, material incentives, deception, or means that harm health or morals or are psychologically damaging.” It also prohibits the use of gifts for religious recruitment. The law on children’s rights provides children the freedom to practice their faith.
Religious groups must register with local and provincial authorities, as well as with the General Authority for Intellectual Property and State Registration (General Authority), to function legally. National law provides little detail on registration procedures and does not stipulate the duration of registration, allowing local and provincial authorities to set their own rules. Religious groups must renew their registrations (in most cases annually) with multiple government institutions across local, provincial, and national levels.
A religious group must provide the following documentation to the General Authority when applying for registration: a letter requesting registration, a letter from the local representative assembly or other local authority granting approval to conduct religious services, a brief description of the group, the group’s charter, documentation on the group’s founding, a list of leaders, financial information, a declaration of assets (including any real estate owned), a lease or rental agreement (if applicable), brief biographic information of individuals wishing to conduct religious services, and the expected number of worshippers.
The renewal process requires a religious group to obtain a reference letter from the local administration to be submitted with the documents listed above (updated as necessary), to the local representative assembly. The relevant representative assembly issues a resolution granting the religious institution permission to continue operations, and the organization sends a copy of the resolution to the General Authority, which enters the new validity dates on the religious institution’s original registration.
All private religious schools are entitled to state funding for their secular curricula. The religious law prohibits the government from giving state funds to religious schools for religious education.
The education law prohibits educational institutions from conducting any religious training, rituals, or activities. According to Ministry of Education, Culture, Science, and Sports officials, this prohibition on all forms of religious instruction applies to both public and private schools. The government may deny registration renewals for religious groups that violate the ban on religious instruction in educational institutions.
The law regulating civil and military service specifies that all male citizens between 18 and 25 must complete one year of compulsory military service. The law provides for alternatives to military service for citizens who submit an objection based on ethical or religious grounds. Alternative service with the Border Forces, the National Emergency Management Agency, or a humanitarian organization is available to all who submit an ethical or religious objection. There is also a provision for, in lieu of service, paying the cost of one year’s training and upkeep for a soldier.
Under the labor law, all foreign organizations, including religious institutions, must hire a stipulated number of Mongolian citizens for every foreign employee hired. Groups not specified in the annual quota list (including most religious groups) must ensure 95 percent of employees are Mongolian citizens. Any unlisted group with fewer than 20 Mongolian national employees may employ one foreign worker.
The law regulating the legal status of foreign citizens prohibits foreigners from advertising, promoting, or practicing “cruel” religions that could damage the national culture. There have been no reports of any individual or organization penalized for violating this prohibition. The religion law includes a similar prohibition on religious institutions, both foreign and domestic, conducting “inhumane” or culturally damaging activities within the country.
Foreigners seeking to conduct religious activities must obtain religious visas. Only registered religious groups may sponsor foreigners for religious visas. Foreigners who enter on other classes of visas are not allowed to undertake activities that advertise or promote religion (as distinct from personal worship or other individual religious activity, which is permitted). Under the law, “engag[ing] in business other than one’s purpose for coming” constitutes grounds for deportation.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The Mongolian Evangelical Alliance (MEA) reported it obtained without difficulty permission to organize an October demonstration in the city’s central square from the Ulaanbaatar city authorities. A Shamanist leader, however, reported that a local provincial authority in Zavkhan Province prevented members of his organization from participating in a ritual celebration.
Registration and renewal procedures for religious institutions reportedly varied significantly across the country, largely depending upon the practices of local government officials. Some religious groups continued to say the government inconsistently applied and interpreted regulations, changing procedures frequently and without notice. Some religious groups continued to state that the registration and renewal process was arbitrary in some instances, with no appeal mechanism for denials. A Christian group reported that an Uvs Province local assembly chairperson stated he was biased against the group.
The length of the registration process reportedly varied from several weeks to years, deterring some Christian religious groups that wished to register. Some groups reportedly did not try to register because they were unable to fulfill the legal requirements for registration due to insufficient size or lack of dedicated, regular worship sites.
Ulaanbaatar Assembly officials continued to say the registration and renewal process allowed the government to assess the activities of religious groups, monitor the number of places of worship and clergy, and know the ratio of foreigners to nationals conducting religious activities. After a religious organization filed for new registration or renewal, according to Ulaanbaatar Assembly officials, a specialized team visited the applying organization to conduct an inspection to determine whether it met specific registration requirements for religious legal entities. This inspection team was composed of individuals from relevant agencies, such as the National Police Agency, General Intelligence Agency, and General Agency for Specialized Inspection. The officials continued to say any applications for initial registration or renewal that ostensibly were “denied” were more accurately “postponed” because of incomplete documentation, poor physical conditions of the place of worship, instances of providing English language instruction in schools without an educational permit, or financial issues (e.g., failure to pay property tax or to declare financing from foreign sources). The authorities said in these cases, they instructed religious institutions to correct deficiencies and resubmit their applications. According to Ulaanbaatar Assembly officials, there were 848 religious organizations in operation nationwide, of which 380 were located in Ulaanbaatar. The officials stated that of these, 300 were officially registered and 80 were operating without valid registration.
The Ulaanbaatar Assembly limited registrations and renewals to one year from the date of issuance, although local authorities in some other areas granted registrations and renewals that were valid for two or three years. As of October, the Ulaanbaatar Assembly granted renewals for 70 religious organizations, cancelled five registrations, and suspended 23 registrations pending additional documentation, improved conditions, or other issues as determined by the inspection team. An Ulaanbaatar Assembly official said Christian groups constituted the majority of those seeking registrations or renewals; for this reason, most of the cancelled or suspended registrations were for Christian groups.
The Ulaanbaatar Assembly and other local assemblies continued to decline to recognize branch churches as affiliated with a single religious institution; instead, each individual church was required to register separately. According to Mormon leaders, the Ulaanbaatar Assembly’s position that branches of the same church required separate registrations, which had unclear status in the law, continued to cause particular problems for Christian denominations seeking to operate multiple churches under a centralized administration, although such denominations were able to register their churches individually.
Unregistered religious groups were often still able to function, although at times they experienced frequent visits by local tax officers, police, and representatives from other agencies. Some religious leaders expressed concern that unregistered status could leave their organizations vulnerable to investigation and possible legal action. Shamanist leaders expressed concerns that the requirement for a registered place of worship placed limitations on their religion because of its nature-linked practices, although a few established registered places of worship. Two Christian denominations also reported this requirement restricted their ability to hold worship services in members’ households. Unregistered churches lacked official documents establishing themselves as legal entities and as a result were unable to own or lease land, file tax returns, or formally interact with the government. Individual members of unregistered churches typically continued to own or lease property for church use in their personal capacity.
Religious leaders continued to report that religious organizations in Tuv Province experienced registration difficulties. These leaders also noted that unregistered religious organizations were able to operate.
There were no reports of registration difficulties in Darkhan-Uul Province by religious groups that previously experienced such issues.
The MEA also reported it no longer experienced barriers to registration in Khuvsgul and Dornogobi provinces.
The Administrative Court of First Instance in Ulaanbaatar ruled in favor of a Jehovah’s Witnesses congregation that filed a court petition contesting the Ulaanbaatar Assembly’s decision to cancel its registration based on the assembly’s determination that the church doctrine was potentially harmful to national security. As a result, the church was able to apply for renewal of its registration. The renewal application was pending at year’s end. There were reports that three additional Christian congregations also had their registrations cancelled for the same reason.
During an interfaith roundtable event at the U.S. embassy in September, religious leaders unanimously stated that inconsistent implementation of registration requirements posed the only barrier to the free exercise of religious practices.
In many areas, local authorities reportedly continued to place restrictions on the participation of minors in church activities. According to representatives of multiple Christian groups, government officials continued to restrict unaccompanied minors’ participation in religious services due to fears services would be used to “brainwash” them. In Uvs and many other provinces, minors under the age of 16 required written parental permission to participate in church activities. Churches are required to retain this permission in church records and make it available upon request.
Religious groups, as allowed by law, continued to experience periodic audits, usually by officers from tax, immigration, local government, intelligence, and other agencies. Buddhist, Christian, Shamanist, and Muslim religious leaders during an interfaith roundtable said that secular business entities are also subject to similar inspections and experience periodic audits. Some religious leaders in the past said such periodic audits were a form of harassment.
Government officials receive Buddhist leaders annually during the Lunar New Year.
Some foreign citizens continued to face difficulties obtaining religious visas. Since most religious groups were bound by the 95 percent local hire requirement, groups that could not afford to hire enough local employees could not sponsor additional religious visas. It was possible to pay a fee to exceed the quota restrictions, but some churches reported they could not afford this cost. Christian groups reported foreign missionaries seeking to enter the country often did nonreligious work and applied for the corresponding type of visa (such as student or business). As a result, the groups reported they could legally participate only in limited religious activities and were vulnerable to deportation because of inconsistent interpretations of the activities in which they could legally engage. The validity of religious visas is linked to the religious organization’s registration, which some Christian religious groups reported resulted in additional visa problems. Foreign citizens cannot receive or renew a religious visa unless their religious organization’s registration or renewal was already granted. The length of the religious visa’s validity corresponds with and cannot exceed that of its sponsoring organization.
Some local authorities were reported to have sought out the voluntary services of Christian groups for prison counseling, the construction of wells, and other charitable works.
The government allocated funding of MNT 840 million ($346,000) for the restoration of several Buddhist sites that it said were important religious, historical, and cultural centers. The government did not provide similar subsidies to other religious groups.
The task force established in 2016 by the minister of justice to update statistics on religious institutions and identify issues related to religious activities was disbanded following the completion of its work. No report was issued on its findings.
Section III. Status of Societal Respect for Religious Freedom
There were reports of local or social media-based harassment of Christians and members of other minority religious groups. For example, there were internet postings that expressed negative views about the Family Federation for World Peace and Unification after a photograph of a presidential candidate with church members appeared online during election season.
According to leaders of the MEA, overall public support for religious freedom increased. In a change from previous years, during the year there were no reports of Buddhist and Muslim leaders expressing concern over a perceived growing influence of Christianity in the country. Some Christians, however, reported that a negative perception among the general public about the growing influence of Christianity continued and, as a result, they believed they were subject to discrimination.
Section IV. U.S. Government Policy and Engagement
The Ambassador and other U.S. officials regularly discussed religious freedom and shared the U.S. government’s concerns about the uneven application of visa laws and the registration difficulties religious groups reported with government officials at the national, local, and provincial levels, including in Darkhan-Uul, Khovd, and Uvs provinces. For example, the Ambassador raised concerns about registration difficulties in a March meeting with the foreign minister. The Ambassador and other embassy officers during meetings with parliamentarians and high-level officials in the President’s Office, Ministry of Foreign Affairs, Ulaanbaatar Assembly, and provinces encouraged officials to enhance efforts to protect religious freedom and underscored the value of dialogue between the government and religious communities.
The Ambassador and other U.S. officials met frequently with religious leaders in Ulaanbaatar and across the country, both individually and in groups, to discuss registration and visa problems as well as ways to promote greater religious freedom, for example by forming an interfaith council to lobby the government to systematize registration practices nationwide. In January the Ambassador hosted a group of young societal leaders at her residence for a discussion focused on tolerance and religious freedom. The embassy invited Buddhist, Christian, Shamanist, and Muslim leaders to an embassy roundtable in September that focused on promoting respect for religious freedom, interreligious dialogue, and religious tolerance. The embassy also promoted religious freedom on social media.
Montenegro
Executive Summary
The constitution guarantees freedom of religion as well as the right to change one’s religion. It specifies there is no state religion and guarantees equality and freedom for all religious communities. The law prohibits religious discrimination and hate speech. Religious groups, especially the Serbian Orthodox Church (SOC), continued to state that the law governing their legal status was inadequate. Citing security concerns over possible clashes between members of the SOC and the Montenegrin Orthodox Church (MOC), police on several occasions prevented MOC members from engaging in religious activities at Orthodox sites when those places were occupied by the SOC. The MOC said police had violated its rights and called on the government to grant it access to the sites. The government maintained its policy of not restituting religious properties confiscated by the communist government. The Islamic Community of Montenegro (ICM) protested the government’s reinstallation of a cross atop an Ottoman-era clock tower. In December the European Court of Human Rights (ECHR) ruled in favor of a Romani Muslim who had filed suit against the government for failing to investigate ethnically and/or religiously motivated attacks against him and his family in 2009.
The SOC and the MOC continued to dispute ownership of religious sites. A survey conducted by the Council of Europe and the Office of the Ombudsman found respondents reported higher perceptions of religious discrimination in all five subject areas surveyed compared with the previous poll conducted two years earlier. In December the Jewish Community started building a new synagogue in Podgorica.
The U.S. Ambassador and other embassy officers continued to meet with government officials to discuss relations between the government and religious groups. The Ambassador met with the metropolitan of Montenegro and the Littoral of the SOC, the Christian Adventist Church in Podgorica, leaders of the MOC and Catholic Church and the Islamic and Jewish communities to discuss each group’s status and relations with the government. The Ambassador hosted iftars at which participants discussed interfaith tolerance and moderation. The embassy hosted the visit of a prominent, U.S.-based Muslim scholar and theologian who spoke to groups around the country on diversity, interfaith dialogue, and conflict resolution.
Section I. Religious Demography
The U.S. government estimates the population at 643,000 (July 2017 estimate). According to the 2011 census, approximately 72 percent of the population is Orthodox, either SOC or MOC. Local media estimate the SOC accounts for 70 percent of the Orthodox population, while the MOC makes up the remaining 30 percent. The census reports 19.1 percent of the population is Muslim, 3.4 percent Roman Catholic, and 1.2 percent atheist. Additionally, 2.6 percent of respondents did not provide a response, and several other groups, including Seventh-day Adventists (registered locally as the Christian Adventist Church), Buddhists, Jehovah’s Witnesses, other Christians, and agnostics together account for less than 1 percent of the population. According to press estimates, the Jewish community numbers approximately 350.
There is a strong correlation between ethnicity and religion: ethnic Montenegrins and ethnic Serbs are generally associated with the MOC and the SOC, respectively, ethnic Albanians with Islam or Catholicism, and ethnic Croats with the Catholic Church. Many Bosniaks (ethnic Bosnians who are Muslim) and other Muslims live along the eastern and northern borders with Albania, Kosovo, and Serbia.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution guarantees freedom of religion as well as the right to change one’s religion. It guarantees the freedom of all individuals to express their religion in public and private, alone or collectively, through prayer, preaching, custom, or rites, and states individuals shall not be obliged to declare their religious beliefs. The constitution states the freedom to express religious beliefs may be restricted only if required to protect the life and health of the public, peace and order, or other rights guaranteed by the constitution. It specifies there is no state religion and guarantees equality and freedom for all religious communities in religious activities and affairs. The constitution permits courts to prevent propagation of religious hatred or discrimination and prohibits organizations instigating religious hatred and intolerance.
By law, it is a crime to cause and spread religious hatred, which includes publication of information inciting hatred or violence against persons on the basis of religion, the mockery of religious symbols, or the desecration of monuments, memorial tablets, or tombs. Violators may receive prison sentences ranging from six months to 10 years. If the violation is committed through the misuse of an official position or authority or leads to violence, or if the courts determine the consequences are detrimental to the coexistence of people, national minorities, or ethnic groups, the prison sentence ranges from two to 10 years.
The criminal code prescribes a fine between 200 euros ($240) and 16,000 euros ($19,200) or up to two years’ imprisonment for restricting an individual’s freedom to exercise a religious belief or membership in a religious group, or for preventing or obstructing the performance of religious rites. The code also provides for a fine of between 600 euros ($720) and 8,000 euros ($9,600) or a maximum of one year in prison for coercing another person to declare his or her religious beliefs. Any government official found guilty of these crimes may receive a sentence of up to three years in prison.
The law provides for the recognition of religious groups through registration with local and federal authorities, although religious groups that existed before 1977 are not obligated to register in order to obtain recognition. New religious groups must register with local police within 15 days of their establishment to receive the status of a legal entity, although there is no penalty specified for failing to do so. The police must then file this registration with the Ministry of Interior, which maintains a list of all religious organizations in the country. To register, a religious group must provide its name and organizing documents, the names of its officials, the address of the group’s headquarters, and the location(s) where religious services will be performed. Registration entitles groups to own property, hold bank accounts in their own name, and receive a tax exemption for donations and sales of goods or services directly related to their religious activities; however, lack of registration or recognition does not affect a group’s ability to conduct religious activities. An unregistered religious community may register as another type of organization in order to open a bank account, but may not receive the tax exemptions granted to registered religious groups.
There are 21 recognized religious groups in the country: the SOC, MOC, ICM, Roman Catholic Church, Church of Christ’s Gospel, Catholic Mission Tuzi, Christian Adventist Church, Evangelistic Church, Army Order of Hospitable Believers of Saint Lazar of Jerusalem for Montenegro, Franciscan Mission for Malesija, Biblical Christian Community, Bahai Faith, Montenegrin Community, The Church of Jesus Christ of Latter-day Saints (Mormons), Jehovah’s Witnesses, Montenegrin Catholic Church, Montenegrin Protestant Church, Montenegrin Demochristian Church, and Montenegrin Adventist Church, as well as the Buddhist and Jewish communities. All these groups are registered, except for the SOC, which has not applied to register.
The government has agreements with the Islamic and Jewish Communities and the Holy See further defining the legal status of the respective groups and regulating their relationship with the state. In the agreement with the Holy See, the government recognizes Catholic canon law as the Church’s legal framework and outlines the Church’s property rights. The agreements with the Islamic and Jewish Communities have similar provisions. The agreements establish commissions between each of the three religious communities and the government. There are no similar agreements with the SOC, MOC, or the other recognized religious groups.
The Directorate for Relations with Religious Communities within the Ministry of Human and Minority Rights (MHMR) regulates relations between state agencies and religious groups, and is charged with protecting the free exercise of religion and advancing interfaith cooperation and understanding. The MHMR provides some funds to religious communities and is in charge of communication between the government and the religious communities. The ministry is also in charge of drafting new legislation defining the status and rights of religious organizations.
The law allows all religious groups, including unrecognized ones, to conduct religious services and rites in churches, shrines, and other premises designated by local governments, but requires approval from municipal police for such activities at any other public locations.
The law forbids “the abuse of religious communities or their religious sites for political purposes.”
The law provides prisoners the right to conduct religious practices and have contact with clergy. Prisoners may request a diet conforming to their religious customs.
The constitution recognizes the right of members of minority national communities, individually or collectively, to exercise, protect, develop, and express “religious particularities” (i.e., religious customs unique to their minority community); to establish religious associations with the support of the state; and to establish and maintain contacts with persons and organizations outside the country who share the same religious beliefs.
By law, religion may not be taught in public primary or secondary schools. The Islamic community operates one private madrassa at the secondary school level, and the SOC operates one secondary school, both of which follow the state curriculum in nonreligious matters.
The law prohibits discrimination, including on religious grounds. Offenses are punishable by a prison term of six months to five years. The Office of the Protector of Human Rights (ombudsman) is responsible for combating discrimination and human rights violations, including those against religious freedom, by government agencies. It may investigate complaints of religious discrimination and, if it finds a violation, may request remedial measures. Failure to comply with the ombudsman’s request for corrective action within a defined period is punishable by fines of 500 to 2,500 euros ($600 to $3,000). Generally, government agencies implement the ombudsman’s recommendations, although often with delays. If necessary, the courts may enforce the recommendations.
The constitution exempts conscientious objectors, including those objecting for religious reasons, from military service. Alternative service is not required.
The constitution states foreign nationals fearing persecution in their home countries on the grounds of religion have the right to request asylum.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
On October 1, police prohibited members of the MOC from performing a liturgical memorial service for the dead (parastos) for the royal Petrovic family in the Church of Mother of God in Cipur, Cetinje, citing security reasons, because SOC members were present in the church. MOC members performed a liturgy outside of the church, while SOC members performed a liturgy inside the church. On October 8, police also barred MOC members from performing religious activities inside the Church of St. Dimitrije in Podgorica, again citing security concerns. MOC priests subsequently performed a liturgy outside the church, while SOC priests were inside the church. Dozens of police officers provided security at each event, and there were no altercations. The MOC complained of a violation of members’ basic human rights and requested that the relevant state authorities allow MOC priests to practice in SOC-controlled Orthodox churches and monasteries.
Religious groups, including the Catholic Church and especially the SOC, continued to complain the law regulating their legal status was outdated and inadequate because it was drafted for conditions existing during the time of the former Yugoslavia. The government said it was continuing to revise, as it had since 2015, a draft of a new law on religious communities. By year’s end, the government had not completed the draft.
On December 5, the ECHR found for the plaintiff, Rizo Alkovic, a Montenegrin national who was a Romani Muslim, in a suit he had filed against the government for failing to adequately investigate the apparently ethnically and/or religiously motivated attacks against Alkovic and his family by neighbors in 2009 in Podgorica. According to the suit, incidents included the firing of nine or 10 gunshots in the direction of the terrace of Alkovic’s apartment. In another instance, Alkovic stated that, while he was celebrating a religious holiday with his family, individuals drew a large cross on his door with the message, “Move out or you’ll bitterly regret it.” Alkovic filed suit with ECHR after local authorities and the courts dismissed his complaints. He and his family moved out of their apartment in 2010 and were residing in Belgium at the time of the ECHR decision. The court concluded that Alkovic and his family experienced ethnically and religiously motivated attacks, such as death threats, religious slurs, and damage to their property. The ECHR concluded there had been violations of the European Convention on Human Rights and awarded Alkovic 6,000 euros ($7,200) in damages and 5,000 euros ($6,000) for expenses.
The MHMR continued to provide funding to some religious groups, which they could use to maintain religious shrines, for education or cultural projects, or to pay for social and medical insurance for clergy. Both registered and unregistered religious communities remained eligible to apply for this funding. For the first nine months of the year, the MOC received 49,015 euros ($58,800), the ICM 52,888 euros ($63,500), the SOC 30,183 euros ($36,200), the Jewish community 10,000 euros ($12,000), and the Catholic Church 4,000 euros ($4,800). Recognized religious communities also continued to receive in-kind assistance, such as property on which to build houses of worship, from other government ministries and from local governments.
The government continued its policy of not providing restitution of religious properties expropriated by the former communist Yugoslav government. Government officials said the draft law on religious communities would address restitution issues.
In October the ICM issued a statement criticizing the replacement of a cross at the top of the clock tower in Podgorica, a 17th century Ottoman landmark. Authorities had removed the cross for repairs and then reinstalled it. The ICM statement said, “Placing a cross on a monument of Islamic architecture of a civic character… is a serious attack on the contemporary concept of a civic and multireligious society.”
Section III. Status of Societal Respect for Religious Freedom
Disputes over the ownership of 750 Orthodox sites continued between the SOC and MOC. Each group continued to state it was the “true” Orthodox Church in the country and celebrated Christmas Eve, Christmas Day, and Easter at separate locations. Police continued to provide protection around churches for events conducted by both groups. On January 6, SOC and MOC priests and followers again organized parallel, traditional Yule log lightings for Orthodox Christmas Eve: the SOC in Podgorica and the MOC in Cetinje. According to the media, the lightings were peaceful, and no incidents occurred.
On August 19, for the eighth year in a row, police, citing concerns over potential clashes, banned members of both the MOC and SOC from celebrating the transfiguration of Christ at the Church of Christ the Transfiguration at Ivanova Korita near the historical capital of Cetinje.
The Basic Prosecutor’s Office in Kotor pressed misdemeanor charges against MOC Metropolitan Mihailo for an incident in 2015 in which he allegedly slapped an SOC supporter who had spit on him while blocking his entrance into city buildings where he was supposed to participate in a public discussion on the draft law on freedom of religion. The case was pending at the Budva Misdemeanor Court as of year’s end.
A survey published in March and carried out by the Council of Europe and the Office of the Ombudsperson, as part of the council’s “Support to the National Institutions in Preventing Discrimination in Montenegro” project, found increases in perceptions of religious discrimination since the previous study (2015) across all five areas surveyed (employment, education, health care, public services, and culture). Perceptions of discrimination based on religion were highest in relation to employment, where 45.7 percent of respondents reported experiencing religious discrimination, up from 38 percent in 2015. According to the survey, perception of discrimination were highest by a significant margin among SOC members, followed by Catholics, those with no religious affiliation, and Muslims.
The Jewish Community started building a new synagogue in Podgorica in December. In the fall, the Jewish community also welcomed its first resident rabbi.
Section IV. U.S. Government Policy and Engagement
The Ambassador and other embassy officers continued to meet with government officials responsible for religious issues at the Ministry of Human and Minority Rights and at local mayoral and municipal offices throughout the country to discuss relations between the government and religious groups.
On March 21, the Ambassador met with Catholic Bishop Ilija Janjic in Kotor to discuss interreligious relations and the status of the Catholic Church in the country. The Ambassador also met with the President of the Jewish community, Jasa Alfandari, to discuss its status. On November 7, the Ambassador visited the Christian Adventist Church in Podgorica to discuss the church’s relations with other religious communities and the government. On November 9, the Ambassador met with SOC Metropolitan of Montenegro and the Littoral Amfilohije and discussed his views on religious issues in the country. On the same day, the Ambassador met with the newly appointed rabbi of the Jewish community. The Ambassador also met with representatives of Muslim communities in Podgorica, Bijelo Polje, Rozaje, Pljevlja and other towns to discuss the issues they faced, including the potential rise of religious extremism.
In April the embassy hosted the visit of a prominent, U.S.-based Muslim scholar and lecturer on Christian, Jewish, and Muslim relations. He spoke on diversity and interfaith dialogue to groups in Rozaje, Pljevlja, Bar, Ulcinj, and Podgorica. In Tuzi, he spoke to madrassa students about youth and conflict resolution in Islam and the challenges for youth in a more radicalized world.
On June 1, the Ambassador hosted an iftar at a madrassa in Tuzi for representatives of the religious, political, cultural, and business communities and civil society, in which participants engaged in discussions on interfaith tolerance and religious moderation.
Morocco
Executive Summary
The constitution declares the country to be a Muslim state with full sovereignty and that Islam is the religion of the state. The constitution guarantees freedom of thought, expression, and assembly, and says that the state guarantees to everyone the freedom to “practice his religious affairs.” The constitution states the king is the protector of Islam. It prohibits political parties, parliamentarians, and constitutional amendments from infringing upon Islam. The criminal code prohibits undermining the faith or enticing a Muslim to convert to another religion. According to human rights organizations and local Christian leaders, the government detained and questioned some Christian citizens about their beliefs and contacts with other Christians. Christian and Shia Muslim citizens stated fears of government harassment led to their decision to hold religious meetings in members’ homes. Foreign clergy said they discouraged the country’s Christian citizens from attending their churches out of fear they could be criminally charged with proselytism. Some Christian citizens reported authorities pressured Christian converts to renounce their faith. On at least two occasions during the year, the government expelled foreign individuals accused of proselytism as “a threat to public order,” rather than prosecuting them under provisions of the law that prohibit “undermining the faith.” Although the law allows registration of religious groups as associations, some minority religious groups reported government rejection of their registration requests. In May Spanish media reported the minister of endowments and Islamic affairs used the term “virus” when referring to Christians and Shia Muslims in the country. Some religious minority groups, such as the Bahai community, practiced their religion without formal registration. In October media reported that authorities prevented the Bahai community from publicly celebrating the bicentennial of the birth of the faith’s founder. The authorities introduced new religious textbooks during the school year following a review they said was aimed at removing extremist or intolerant references. The Ministry of Endowments and Islamic Affairs (MEIA) continued to guide and monitor the content of sermons in mosques, Islamic religious education, and the dissemination of Islamic religious material by the broadcast media, actions it said were intended to combat violent extremism. The government restricted the distribution of non-Islamic religious materials, as well as Islamic materials it deemed inconsistent with the Maliki-Ashari school of Sunni Islam.
Some Christian, Bahai, and Shia Muslims reported societal, familial, and cultural pressure on account of their faith. Passersby reportedly attacked at least one individual during Ramadan for eating in public during fasting hours.
The Charge d’Affaires, other embassy and consulate general officers, and other U.S. government officials promoted religious freedom and tolerance in visits with key government officials, where they highlighted on a regular basis the importance of protection of religious minorities and interfaith dialogue.
Section I. Religious Demography
The U.S. government estimates the population at 34.0 million (July 2017 estimate) and that more than 99 percent of the population is Sunni Muslim. Less than 0.1 percent of the population is Shia Muslim’ according to U.S. government estimates. Groups together constituting less than 1 percent of the population include Christians, Jews, and Bahais.
According to Jewish community leaders, there are an estimated 3,000 to 4,000 Jews, approximately 2,500 of whom reside in Casablanca. The Rabat and Marrakech Jewish communities each have approximately 75 members. Christian leaders estimate there are between 2,000 and 6,000 Christian citizens distributed throughout the country, although some leaders state there may be as many as 50,000. Shia Muslim leaders estimate there are tens of thousands of Shia citizens, with the largest proportion in the north. In addition, there are an estimated 1,000 to 2,000 foreign-resident Shia from Lebanon, Syria, and Iraq. Leaders of the Ahmadi Muslim community estimate their numbers at 600. Leaders of the Bahai community estimate there are 350-400 members throughout the country.
Foreign-resident Christian leaders estimate the foreign-resident Christian population numbers at least 30,000 Roman Catholics and 10,000 Protestants, many of whom are lifelong residents of the country whose families have resided and worked there for generations but do not hold Moroccan citizenship. There is a small foreign-resident Russian Orthodox community in Rabat and a small foreign-resident Greek Orthodox community in Casablanca. Most foreign-resident Christians live in the Casablanca, Tangier, and Rabat urban areas, but small numbers of foreign Christians are present throughout the country. Many are migrants from sub-Saharan Africa.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
According to the constitution, the country is a Muslim state, with full sovereignty, and Islam is the religion of the state. The constitution guarantees freedom of thought, expression, and assembly, and says the state guarantees to every individual the freedom to practice his religious affairs. The constitution states the king holds the Islamic title of commander of the faithful, is the protector of Islam, and is the guarantor of the freedom to practice religious affairs in the country. The constitution prohibits the enactment of laws or constitutional amendments infringing upon its provisions relating to Islam, and also recognizes the Jewish community as an integral component of society. According to the constitution, political parties may not be based on religion and may not seek to attack or denigrate Islam as one of their objectives.
The constitution and the law governing the media prohibit any individual, including members of parliament normally immune from arrest, from criticizing Islam on public platforms, such as print or online media, or in public speeches. Such expressions are punishable by imprisonment for two years and a fine of 200,000 dirhams ($21,400).
The law penalizes anyone who “employs enticements to undermine the faith” or convert a Muslim to another faith, and provides punishments of six months to three years’ imprisonment and a fine of 200 to 500 dirhams ($21 to $53). It also provides the right to a court trial for anyone accused of such an offense. Voluntary conversion is not a crime under the law. The law permits the government to expel summarily any noncitizen resident it determines to be “a threat to public order,” and the government has used this clause to expel foreigners suspected of proselytizing.
By law, impeding or preventing one or more persons from worshipping or from attending worship services of any religion is punishable by six months to three years’ imprisonment and a fine of 200 to 500 dirhams ($21 to $53). The penal code states any person known to be Muslim who breaks the fast in public during the month of Ramadan without an exception granted by religious authorities is liable to punishment of six months in prison and a fine of 200 to 500 dirhams ($21 to $53). It is at an owner’s discretion whether to keep a restaurant open or not during Ramadan.
The High Authority for Audiovisual Communications established by the constitution requires all eight public television stations to dedicate 5 percent of their airtime to Islamic religious content and broadcast the Islamic call to prayer five times daily.
Sunni Muslims and Jews are the only religious groups recognized in the constitution as native to the country; other faiths are viewed as foreign. A separate set of laws and special courts govern personal status matters for Jews, including functions such as marriage, inheritance, and other personal status matters. Rabbinical authorities, who are also court officials, administer Jewish family courts. Muslim judges trained in the country’s Maliki-Ashari Sunni interpretation of the relevant aspects of sharia administer the courts for personal status matters for all other religious groups. According to the law, a Muslim man may marry a Christian or Jewish woman; a Muslim woman may not marry a man of another religion unless he converts to Islam. Non-Muslims must formally convert to Islam and be permanent residents before they can become guardians of abandoned or orphaned children. Guardianship entails the caretaking of a child, which may last until the child reaches 18, but does not allow changing the child’s name or inheritance rights, and requires maintaining the child’s birth religion, according to orphanage directors.
Legal provisions outlined in the general tax code provide tax benefits, land and building grants, subsidies, and customs exemptions for imports necessary for the religious activities of recognized religious groups (Sunni Muslims and Jews) and religious groups registered as associations (some foreign Christian churches). The law does not require religious groups to register to worship privately, but to conduct business on behalf of the group or to hold public gatherings, a nonrecognized religious group must register as an association. Associations must register with local Ministry of Interior (MOI) officials in the jurisdiction of the association’s headquarters in order to conduct financial transactions, have bank accounts, rent property, and address the government in the name of the group. An individual representative of a religious group that is neither recognized nor registered as an association may be held liable for any of the group’s public gatherings, transactions, bank accounts, property rentals, and/or petitions to the government. The registration application must contain the name and purpose of the association; the name, nationality, age, profession, and residential address of each founder; and the address of the association’s headquarters. The constitution guarantees civil society associations and nongovernmental organizations the right to organize themselves and exercise their activities freely within the scope of the constitution. The law on associations prohibits organizations that pursue activities the government regards as “illegal, contrary to good morals, or aimed at undermining the Islamic religion, the integrity of the national territory, or the monarchical regime, or which call for discrimination.”
Many foreign-resident Christian churches are registered as associations. Registered foreign-resident churches include the Roman Catholic, Russian Orthodox, Greek Orthodox, Protestant, and Anglican Churches, which maintain different forms of official status. The Russian Orthodox and Anglican Churches are registered as branches of international associations through the Russian and United Kingdom embassies, respectively. The Protestant and Catholic Churches, whose existence as foreign-resident churches predates the country’s independence in 1956, maintain a special status recognized by the government since independence.
By law, all publicly funded educational institutions must teach Sunni Islam in accordance with the teachings and traditions of the Maliki-Ashari school of Islamic jurisprudence. Foreign-run and privately funded schools have the choice of teaching Sunni Islam or of not including religious instruction within the school’s curriculum. Private Jewish schools are able to teach Judaism.
According to the constitution, only the High Council of Ulema, a group headed and appointed by the king with representatives from all regions of the country, is authorized to issue fatwas, which become legally binding only through endorsement by the king in a royal decree and subsequent confirmation by parliamentary legislation . If the king or parliament decline to ratify a decision of the Ulema, the decision remains nonbinding and unenforced.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Summary Paragraph: The government at times reportedly detained and questioned Christian citizens about their beliefs, some of whom reported authorities pressured converts to renounce their faith. In May Spanish media reported the minister of endowments and Islamic affairs used the term “virus” when referring to Christians and Shia Muslims in the country. On at least two occasions during the year, the government expelled foreign individuals accused of proselytism as “a threat to public order,” rather than prosecuting them under provisions of the law that prohibit “undermining the faith of a Muslim.” The government monitored, and in some cases restricted, religious activities of non-Sunni Muslims and non-Muslims. Some religious minorities, such as the Bahai community, engaged in religious practice without formal registration. In October media reported that authorities prevented the Bahai community from publicly celebrating the bicentennial of the birth of the faith’s founder, cancelling community leaders’ reservations of banquet facilities in Meknes and Tangier. The government continued to restrict distribution of non-Islamic religious materials as well as some Islamic materials it deemed inconsistent with the Maliki-Ashari school of Sunni Islam. In January the MOI banned the sale, manufacture, and import of the burqa, according to press reports, but did not ban the wearing of the garment. The government cited security reasons for its decision. The government introduced new religious textbooks following a review by the MEIA and the Ministry of Education (MOE) to remove extremist or intolerant references and promote moderation and tolerance. The MEIA continued to guide and monitor the content of sermons in mosques, Islamic religious education, and the dissemination of Islamic religious material by the broadcast media, actions it said were intended to combat violent extremism.
In July police sentenced prominent Shia leader Abdou El Chakrani to one year in prison for financial improprieties following his May 2016 arrest. Other Shia leaders said Chakrani was targeted for his religious beliefs and his attempt to register an association affiliated with known Shia leaders called Progressive Messengers. Authorities rejected the application in 2016. According to representatives of the group, the group’s goal was to defend the rights of religious minorities and to support religious, ethnic, and cultural diversity, as well as religious freedom.
On at least two occasions during the year, the government expelled foreign individuals accused of proselytism as “a threat to public order,” rather than prosecuting them under criminal law (for “undermining the faith of a Muslim”). In September authorities expelled two Dutch citizens following complaints from local citizens the couple were distributing Christian religious materials. The court ordered police from the Royal Gendarmerie to investigate. Residents informed police the two had encouraged conversions to Christianity, and police found Bibles and other Christian religious material in the home where they were staying. Upon receiving results of the Gendarmerie’s investigation, the court ordered the deportation of the two individuals under a section of law that permits the deportation of foreigners whom it deems to be a “threat to public order.”
The government allowed the operation of registered foreign-resident churches, but previously has refused requests by Shia Muslim groups to register as associations, which religious leaders and legal scholars said prevented those groups from legally gathering for religious ceremonies in public. There were no known Shia mosques. Shia representatives reported they had not attempted to register during the year.
Groups of Christian and Bahai citizens also reported they had not attempted to register with authorities, believing their requests would be denied. Nonregistered religious groups received varying treatment by authorities. Some said they had been able to practice their religion, while others reported authorities shut down their gatherings or prevented them from occurring. A number of religious groups reported they cooperated with authorities and occasionally informed them of planned large gatherings, for which authorities sometimes provided security.
In October, according to media reports, authorities prevented members of the Bahai community from publicly celebrating the bicentennial of the birth of the faith’s founder by canceling community leaders’ reservations of banquet facilities in Meknes and Tangier. The MOI stated that the group was not registered as an association and therefore did not have the legal authority to organize public gatherings.
Christian and Shia Muslim citizens continued to state fears of government harassment were one of the reasons they refrained from public worship and instead met discreetly in members’ homes. Foreign-resident Christian church officials reported Christian citizens rarely attended their churches, and the officials did not encourage them to do so, in order to avoid official accusations of proselytizing. Some Christian citizens reported authorities pressured Christian converts to renounce their faith by informing the converts’ friends, relatives, and employers of the individuals’ conversion. Christian citizens stated authorities made phone or house calls several times a year to demonstrate they had lists of members of Christian networks and monitored Christian activities. Foreigners attended religious services without restriction at places of worship belonging to officially recognized churches.
In May Spanish media reported the minister of endowments and Islamic affairs used the term “virus” when referring to Christians and Shia in the country. In a follow-up explanation, the minister explained he was using a medical metaphor to explain that the people of the country are “immunized” and resilient because of Sunni Islam, and that he did not mean to insinuate any religious practice or belief was a virus. He went on to say, “The dogma does not bother us. Only the existence of an eventual political agenda or political goals is dangerous.”
In January the MOI banned the sale, production, and import of the burqa, according to press reports. The government cited security reasons for its decision. The ban did not prevent individuals from wearing burqas or making them at home for individual use.
The MEIA remained the principal government institution responsible for shaping the country’s religious sphere and promoting its interpretation of Sunni Islam. The MEIA continued to provide government-required training and direction to imams and to shape the content of Friday mosque sermons by providing approved topics. It also monitored Quranic schools to prevent what the ministry considered to be inflammatory or extremist rhetoric and to ensure teaching followed approved doctrine. The government required mosques to close to the public shortly after daily prayer times to prevent use of the premises for what it termed unauthorized activity, such as gatherings intended to promote extremism. The construction of new mosques, including those constructed using private funds, required authorization from the MEIA. Authorization of the MOI was a requirement for the renovation or construction of churches. The MEIA employed more than 500 chief imams and more than 200 female Muslim spiritual guides (murshidat) in mosques or religious institutions throughout the country. The female guides taught religious subjects and provided counsel on a variety of matters, including women’s legal rights and family planning.
The government introduced new religious textbooks following a review by the MEIA and the MOE to promote moderation and tolerance. Modifications to the textbooks remained in progress. Jewish and Christian citizens stated elementary and high school curricula did not include mention of the historical legacy and current presence of their groups in the country. The government continued to fund the study of Jewish culture and heritage at universities. At the University of Rabat, Hebrew and comparative religion were course offerings in the Department of Islamic Studies. In September the minister of education announced that classes in the country’s schools would be suspended on Fridays from noon until 3:00 p.m. to allow teachers and students to attend Friday prayer.
The government continued to restrict the distribution of non-Islamic religious materials, as well as some Islamic materials it deemed inconsistent with the Maliki-Ashari school of Sunni Islam. Its policy remained to control the sale of all books, videotapes, and DVDs it considered extremist. The government permitted the display and sale of Bibles in French, English, and Spanish. A limited number of Arabic translations of the Bible was available for sale in a few bookshops for use in university religion courses. Authorities confiscated Bibles they believed were intended for use in proselytizing.
The government continued to disseminate information about Islam over dedicated state-funded television and radio channels. Television channel Assadissa (Sixth) programming was strictly religious, consisting primarily of Quran and hadith (authoritative sayings and deeds ascribed to the Prophet Muhammad) readings and exegesis, highlighting the government’s interpretation of Islam.
According to observers, the government tolerated social and charitable activities consistent with its view of Sunni Islam. For example, the Unity and Reform Movement, which shares some leadership with the ruling Party of Justice and Development, continued to operate without restriction, according to media reports. The Unity and Reform Movement is the country’s largest registered Islamic social organization. The Justice and Charity Organization (JCO), a Sunni Islamist social movement that rejects the king’s spiritual authority, remained banned but largely tolerated. It is the largest social movement in the country despite being unregistered. The JCO continued to release press statements, hold conferences, manage internet sites, and participate in political demonstrations, including organizing in July the largest demonstration since the 2011 Arab Spring. The government occasionally prevented the organization from meeting and restricted public distribution of JCO’s published materials.
The monarchy continued to support the restoration of synagogues and Jewish cemeteries throughout the country, efforts it stated were necessary to preserve the country’s religious and cultural heritage and to serve as a symbol of tolerance. In May the Mohammadia League of Scholars signed an agreement with the Vatican Pontifical Council for Interreligious Dialogue to create a joint committee to promote dialogue between Muslims and Christians. According to media reports, the committee planned to hold a symposium every two years, alternating between Rabat and Rome, and addressing hate speech, extremism and violence, and the exploitation of religion for political ends. In April and May the National Council for Human Rights (CNDH), the publicly funded national human rights institution independent of the elected government, met with some Christian citizens who requested greater respect for the rights of minority religions. Media reports of the meetings said the Christians stated they did not fear the government but rather extremists. In October Prince Moulay Rachid, brother of King Mohammed VI, met with the director and representatives of the U.S. Holocaust Memorial Museum to discuss increased cooperation within the framework of the museum’s 2007 archival exchange agreement with the national library.
At a Catholic Mass in March in honor of the fourth anniversary of the pontificate of Pope Francis, the minister of endowments and Islamic affairs addressed the diplomatic corps and government officials, conveying a message from the king.
Section III. Status of Societal Respect for Religious Freedom
Representatives of minority religious groups, especially Christian, Shia Muslim, and Bahai citizens, said fear of societal harassment, including ostracism by converts’ families, social ridicule, employment discrimination, and potential violence against them by “extremists,” were the main reasons leading them to practice their faiths discreetly.
In November citizen members of Christian, Shia, and Bahai communities held a public conference to call for greater legal protections for religious minorities. The conference organizers faced challenges in securing a venue willing to host the meeting and backlash from members of the ruling Party of Justice and Development (PJD), but were able to hold the conference without interference from the government.
Christian citizens reported social pressure to convert to Islam or renounce their Christian faith from non-Christian family and friends. Their leaders said young Christians who still lived with their Muslim families did not reveal their faith to them because they believed they might be expelled from their homes unless they renounced Christianity. They also reported the government did not respond to complaints about frequent societal harassment.
In the weeks following media reports of the meetings between Christian citizens and the CNDH, in online comments and editorials, reactions from the public were largely negative, with some calling the group “apostates” and others suggesting that Muslims converting to Christianity had strengthened ISIS.
In June during Ramadan, a group of youths attacked a European teenager of Moroccan descent for drinking juice in public during fasting hours. The girl’s family reportedly explained that she, like her European father, was Christian and not Muslim, and therefore not fasting.
Members of the Bahai Faith said they were open about their faith with family, friends, and neighbors, but feared extremist elements in society would try to do them harm, leading them to ask local police for protection at their gatherings.
Shia Muslims said in some areas, particularly in large cities in the north, they did not hide their faith from family, friends, or neighbors, but that many avoided disclosing their religious affiliation in areas where their numbers were smaller.
Jewish citizens said they lived and attended services at synagogues in safety. They said they were able to visit religious sites regularly and to hold annual commemorations.
The media continued to report women had difficulty finding employment, in the private sector and with the army and police, if they wore a hijab or other head covering. When they did obtain employment, women reported employers either encouraged or required them to remove their headscarves during working hours.
Muslim citizens continued to study at private Christian and private Jewish schools, reportedly primarily because these schools maintained a reputation for offering superior education. According to school administrators, Muslim students constituted a significant portion of the students at Jewish schools in Casablanca.
Section IV. U.S. Government Policy and Engagement
The U.S. Charge d’Affaires, other embassy and consulate general officers, and visiting U.S. government officials met with senior government officials, including the minister of interior and the minister of endowments and Islamic affairs, to promote religious freedom and tolerance, including the rights of minority communities. In March, the Charge attended a Catholic Mass in Rabat Cathedral to honor Pope Francis’ fourth anniversary as pope. In May the Charge attended a ceremony at the historic St. John’s Anglican Church in Casablanca with government officials, launching an expansion and renovation project that was partially funded by the king. In October embassy officials met with Jewish groups organizing a conference on religious tolerance and the history of the country’s Jewish community. Also in October a delegation from the U.S. Holocaust Memorial Museum and consulate officials met with the country’s leaders to discuss continuing collaboration between the museum and the country’s National Library to promote religious tolerance and awareness. Museum officials extended an invitation to the king to attend a special ceremony at the museum to commemorate his late grandfather for his “courageous protection of Jews facing Vichy France persecution during World War II.” In November the Charge, the Consul General in Casablanca, and other embassy officials highlighting the history of religious tolerance during World War II. The program included official visits to the Anglican Church of Casablanca and to a Jewish synagogue damaged during the war and recently refurbished with a new museum exhibition with funding from the king. Embassy officers met regularly with Muslim religious scholars to discuss religious tolerance and education reform, and with leaders of the Jewish community, Christian foreign residents, and leaders of unregistered Christian, Shia, and Bahai groups, as well as others, to discuss issues facing the various groups. Embassy and consulate officers also regularly met with Jewish groups visiting Morocco to explore the country’s Jewish history. The embassy fostered programs designed to highlight religious tolerance and the need to fight radicalization and counter violent extremism.
Mozambique
Executive Summary
The constitution provides for the right to practice or not to practice religion freely and prohibits discrimination based on religion. These and other rights may temporarily be suspended or restricted only in the event of a declaration of a state of war, siege, or emergency. The constitution prohibits faith-based political parties and the use of religious symbols in politics. Religious groups have the right to organize, worship, and operate schools. On June 14, police arrested three citizens in Cabo Delgado based on their engagement in Islamic extremist activities, including distributing materials that rejected the authority of secular government authorities, advocated against modern education, and called for discrimination against women. On October 5, a group of Islamic militants in Cabo Delgado Province attacked police and district government facilities, reportedly killing at least two police officers. According to international reports, on November 28, the government ordered the closure of three mosques in Pemba, stating the mosques were connected with individuals linked to the deadly attacks in October. A Catholic Church representative said authorities in certain provinces required some dioceses to register locally in what he said was a violation of a 2012 agreement between the central government and the Holy See. The Catholic and Greek Orthodox Churches reported no progress in their efforts to regain property the government seized following independence. In April the National Tax Authority announced that religious activities that generated a profit would no longer receive tax-exempt status.
The 2016 fatal shooting of Apostolic Faith Mission Pastor Joao Jofrisse in the central city of Chimoio remained unsolved. Religious leaders at a national seminar on preventing premature marriages rejected the practices of pastors of some religious congregations who encouraged the use of virgin girls as debt payments incurred by their parents. One such congregation in Zambezia Province closed.
The U.S. Ambassador and other embassy officials discussed the importance of religious freedom and the return of seized church property with the justice minister and the national director of religious affairs. Embassy representatives also discussed the importance of religious tolerance with Catholic Church representatives and Islamic religious leaders in the provinces of Tete, Sofala, Nampula, Cabo Delgado, and Zambezia.
Section I. Religious Demography
The U.S. government estimates the total population at 26.6 million (July 2017 estimate). According to the U.S. government, 28 percent of the population is Roman Catholic, 18 percent Muslim (mostly Sunni), 15 percent Zionist Christian, 12 percent Protestant, and 7 percent other religious groups, including the Bahai Faith, Judaism, and Hinduism. Approximately 18 percent do not profess any religion or belief. According to Christian and Muslim religious leaders, a significant portion of the population adheres to syncretic indigenous religious beliefs, characterized by a combination of African traditional practices and aspects of either Christianity or Islam, a category not included in government estimates. Muslim leaders state their community accounts for 25-30 percent of the total population, a statistic frequently reported in the press.
The country conducted a census during the year that includes questions on religious affiliation. As of the end of the year, the full census was not released.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution defines the country as a secular state. It prohibits religious discrimination, provides for the right of citizens to practice or not practice a religion, and stipulates that no individuals may be deprived of their rights because of religious faith or practice. Political parties are constitutionally prohibited from using names or symbols associated with religious groups. The constitution protects places of worship and the right of religious groups to organize, worship, and pursue their religious objectives freely and to acquire assets in pursuit of those objectives. It recognizes the right of conscientious objection to military service for religious reasons. These and other rights may temporarily be suspended or restricted only in the event of a declaration of a state of war, siege, or emergency, in accordance with the terms of the constitution.
The law requires all nongovernmental organizations to register with the Ministry of Justice, Constitutional, and Religious Affairs (MOJ). Under the law, “religious organizations” are charities or humanitarian organizations, whereas “religious groups” refer to particular denominations. Religious groups register at the denominational level or congregational level if they are unaffiliated. Religious groups and organizations register by submitting an application, providing identity documents of the local leaders, and submitting documentation of declared ties to any international religious group or organization. There are no penalties for failure to register; however, religious groups and organizations must show evidence of registration to open bank accounts, file for exemption of customs duties for imported goods, or submit visa applications for visiting foreign members.
An accord between the national government and the Holy See governs the Catholic Church’s rights and responsibilities in the country. The agreement recognizes the Catholic Church as a “legal personality” and recognizes the Church’s exclusive right “to regulate ecclesiastical life and to nominate people for ecclesiastical posts.” The agreement requires Catholic Church representatives to register with the government to benefit from the Church’s status. The accord also gives the Catholic Church the exclusive right to create, modify, or eliminate ecclesiastical boundaries; however, it stipulates that ecclesiastical territories must report to a Church authority in the country.
The law permits religious organizations to own and operate schools. The law forbids religious instruction in public schools.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
On June 14, police arrested three citizens in Cabo Delgado based on their engagement in Islamic extremist activities, including distributing materials that rejected the authority of secular government authorities, advocated against modern education, and called for discrimination against women. Those arrested described themselves as followers of “Al-Shabab”; however, according to observers any direct links were unlikely. Islamic religious leaders publicly distanced themselves from these actions, stating they deemed the beliefs expressed to be inconsistent with Islam.
According to reports, on October 5, 30-50 armed persons attacked police and district government facilities in Mocimboa da Praia, in Cabo Delgado. The group was referred to locally as “Al-Shabab” or “Ahl-el-Sunnah.” Observers said that direct ties to foreign terrorist organizations were unlikely. Reports indicated that at least two police officers and significantly more attackers were killed. Local observers reported that security forces significantly increased their presence in the area and that outwardly observant Muslims feared being targeted for harassment as part of the ensuing investigation and security operation. Local Islamic religious leaders issued a formal statement condemning the attacks in Mocimboa da Praia, deeming such violent activities as inconsistent with Islam.
According to international reports, on November 20, the government ordered the closure of three mosques in Pemba after the deadly attacks in October. Provincial Official Alvaro Goncalves stated that the closures “only affect mosques that had some contact with the group involved in the events in Mocimboa da Praia.”
The MOJ registered 22 new religious groups and seven new religious organizations between January and September. There were a total of 881 religious groups and 226 religious organizations registered. There were no reports of difficulty with religious groups registering.
A Catholic Church representative said provincial authorities in certain provinces violated the 2012 accord with the Holy See by requiring local dioceses to register with local authorities separately or present some form of proof of previous registration. The Catholic Church continued to pursue the return of property the government seized following independence. There was no movement in the return of the remaining properties; however, negotiations continued at year’s end.
The Greek Orthodox Church reported no progress in its efforts to obtain the return of the Ateneu (Athenaeum), a church property in central Maputo seized by the government after independence and renamed the Palacio dos Casamentos (Wedding Palace).
In April the national director of the Tax Authority announced that organizations affiliated with religious denominations conducting activities generating profits, such as schools and day-care facilities, would be subject to taxation. Until April these activities had been tax exempt, if a religious order applied for a waiver.
In July President Filipe Nyusi questioned the line between religion and politics during a visit to the Ministry of Justice, Constitutional, and Religious Affairs, saying, “I would not like the religion of my country to be confused with politics… But if the new way of doing religion is this, we will have difficulties, as a country, reaching a conclusion.” Journalists said the remarks were intended to send a message to churches that had taken positions on political issues and were prompted by the Catholic bishops’ stand on the country’s “hidden” debt, referring to a debt scandal involving large, undeclared loans to state-owned companies. Some diplomatic observers stated they believed the president might have also had in mind the recent challenges in the north of the country, since his comments followed shortly after the arrest of the three citizens engaged in what the government stated were Islamic extremist activities, including a call to reject of the authority of secular government authorities.
Section III. Status of Societal Respect for Religious Freedom
The fatal 2016 shooting of Apostolic Faith Mission Pastor Joao Jofrisse during a church service in his home in the central city of Chimoio remained unsolved with no suspects identified.
In February religious leaders at a national seminar on preventing premature marriages condemned the practices of pastors of some religious congregations who encouraged the use of virgin girls as debt payments incurred by their parents, including debts to pastors or to traditional healers for services rendered. Speakers at the seminar highlighted a specific religious congregation in the central province of Zambezia that had a large number of pregnant young girls in the congregation. According to reports, religious leaders from the congregation in Zambezia were involved in the abuse, and the congregation subsequently closed.
Section IV. U.S. Government Policy and Engagement
The U.S. Ambassador and other embassy officials discussed the importance of religious freedom and the return of seized property with the justice minister and the national director of religious affairs. Through a series of outreach initiatives, the Ambassador and embassy representatives discussed the importance of religious tolerance to promote peace and security with representatives of different religious denominations. These included several iftars during Ramadan attended by members of Islamic civil and religious society. Embassy officers also discussed the status of religious freedom and expressed U.S. government support for this fundamental right with Catholic and Muslim leaders in Tete, Sofala, Nampula, and Zambezia Provinces.