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Canada

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of conscience, religion, thought, belief, opinion, and expression. Every individual is equal under the law and has the right to equal protection and benefit of the law without discrimination based on religion. The law imposes “reasonable limits” on the exercise of these religious rights only where such restrictions can be “demonstrably justified in a free and democratic society.” The law permits individuals to sue the government for “violations” of religious freedom. Federal and provincial human rights laws prohibit discrimination on the grounds of religion. Civil remedies include compensation and/or changes to the policy or practice responsible for the discrimination.

The law does not require religious groups to register, but the government grants tax-exempt status to religious groups that register as nonprofit organizations with the Charities Directorate of the Canada Revenue Agency. Nonprofit status provides such organizations with federal and provincial sales tax reductions, rebates, and exemptions. To gain and retain tax-exempt status, a group must be nonpolitical and undergo periodic audits. Charitable status also grants members of the clergy various federal benefits, including a housing deduction under the tax code and expedited processing through the immigration system. The term “clergy” includes persons whose communities have licensed, ordained, or otherwise formally recognized them for their religious leadership and authority to perform spiritual duties and services within their religious organization. Individual citizens who donate to tax-exempt religious groups receive a federal tax receipt entitling them to federal income tax deductions.

The criminal code prohibits the practice of polygamy, which is an indictable offense subject to imprisonment of up to five years.

A Quebec government law passed and implemented in June prohibits certain government employees from wearing religious symbols while exercising their official functions. The law defines a religious symbol as “any object, including clothing, a symbol, jewelry, an adornment, an accessory, or headwear, that (1) is worn in connection with a religious conviction or belief; or (2) is reasonably considered as referring to a religious affiliation.” Among categories included in the law are president and vice presidents of the national assembly; administrative justices of the peace; certain municipal court employees; police, sheriffs and deputy sheriffs; certain prosecutors and criminal lawyers; and certain principals, vice principals, and teachers, among others. The law also requires anyone seeking certain provincial government services to do so with “face uncovered.” The bill invoked the “notwithstanding clause” of the federal constitution, which permits a province to override specific constitutional protections for a period of five years to prevent citizens from bringing challenges to the law based on the federal constitution. The religious symbols ban applies to public school teachers, government lawyers, judges, prison guards, and police officers, among others. It exempts provincial employees working prior to the implementation of the law, but they lose their right to wear religious symbols upon changing jobs or receiving a promotion.

Government policy and practices regarding education, including regulation of religious schools, fall under the purview of the provincial, rather than federal, governments. Six of the 10 provinces provide full or partial funding to some religious schools.

Catholic and Protestant schools in Ontario, Alberta, and Saskatchewan retain the federal constitutionally protected right to public funding they gained when those provinces joined the federation. Other provinces either had no legally recognized denominational schools that qualified for such protection at the time of federation or accession, or they subsequently secured a federal constitutional amendment to terminate religious education funding rights and introduce an exclusively secular publicly funded education system. Federal statutory protection for Catholic and Protestant publicly funded minority education exists in the Yukon, Nunavut, and Northwest Territories, which do not have provincial status. Constitutional or federal statutory protection for public funding of religious education does not extend to schools of other religious groups, although British Columbia, Alberta, Saskatchewan, Manitoba, and Quebec offer partial funding to religious schools of any faith that meet provincial scholastic criteria. The law permits parents to homeschool their children or enroll them in private schools for religious reasons.

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

Dominica

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of religion, including freedom of thought, freedom to practice one’s religion, and freedom from taking oaths contrary to one’s beliefs. By law, the government may make exceptions to constitutionally required provisions in the interests of public order and morality if the exceptions are for activities “shown not to be reasonably justifiable in a democratic society.”

Religious groups seeking nonprofit status must register with the Attorney General’s Office. They must submit a letter signed by five executives of the religious group and provide the official name of the religious group with an address identifying the place of worship. The registration fee is 25 Eastern Caribbean dollars ($9). The Attorney General’s Registry Office reviews and approves applications. Any organization denied permission to register has the right to apply for judicial review. By law, religious groups also must register buildings used to publish banns of marriage (announcements of marriage) or used as places of worship.

The constitution grants religious groups the right to establish and maintain private schools and to provide religious instruction. Students of different religions may attend private schools run by religious groups of another affiliation. Public schools may hold nondenominational prayers, and attendance is optional. The law requires the vaccination of all children to attend both public and private schools. Parents may homeschool their children.

Dreadlocks are prohibited in all government-funded schools.

The government requires vaccinations for all children enrolling in government-funded schools. The government does not offer a waiver for children without vaccinations.

Dreadlocks are prohibited in prisons.

The government imposes no legal regulations on foreign missionaries beyond the standard immigration laws for entering and remaining in the country.

The government prohibits the use of marijuana for any purpose, including for religious purposes.

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

Jamaica

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of thought and religion, including the freedom to change one’s religion or belief either alone or in community with others, both in public and in private, and to manifest and propagate one’s religion or belief in worship. It prohibits discrimination based on belief. The constitution provides that rights and freedoms are protected to the extent they do not “prejudice the rights and freedoms of others.”

A colonial-era law criminalizing Obeah and Myalism remains in effect. Potential punishment for practicing Obeah and Myalism includes imprisonment of up to 12 months. Authorities have rarely enforced the law since the country became independent in 1962, and the government reported no enforcement cases during the year.

Registration with the government is not mandatory for religious groups, but groups, including churches or congregations, may incorporate to gain benefits, including the ability to hold land, enter into legal disputes as an organization, and allow their clergy to visit prisoners. Groups seeking incorporated status apply to the Companies Office of Jamaica, an executive agency. The application comprises a standard form and a fee of 24,500 Jamaican dollars ($180). NGOs register through the same form and fee structure. Groups incorporated through this process must subsequently submit annual reports and financial statements to the Companies Office.

Alternatively, groups may petition parliament to be incorporated by parliamentary act. Such groups receive similar benefits to those incorporating through the Companies Office, but parliament does not require annual reports or regulate the organizations it incorporates.

Regardless of incorporation status, religious groups seeking tax-exempt status must register as charities. To be considered a charity, an organization must apply either to the Department of Co-operatives and Friendly Societies, located in the Ministry of Industry, Commerce, Agriculture, and Fisheries, or to the Companies Office. Once registered, groups also submit their registration to the Jamaica Customs Agency in the Ministry of Finance and the Public Service and apply to Tax Administration Jamaica to be considered for tax-free status.

The constitution states religious groups have the right to provide religious instruction to members of their communities. By law, immunizations are mandatory for all children attending both public and private schools; however, exceptions for medical reasons may be granted. The law requires school administrators to adhere to several practices regarding the teaching of religion. No individual may be required to receive religious instruction or participate in religious observances contrary to his or her beliefs. The public school curriculum includes nondenominational religious education, which focuses on the historical role of religion in society and philosophical thought and includes group visits to Christian, Jewish, Muslim, and Hindu houses of worship. Students may not opt out of religious education, but religious devotion or practice during school hours is optional. The Jamaican Education Act of 1980 states that, “It shall be the duty of the parent of every child of compulsory school age residing in a compulsory education area to cause him to receive full-time education suitable to his age and ability, and satisfactory to the Educational Board for the area, either by regular attendance at school or otherwise.” Under the “or otherwise” phrase in the law, families may homeschool their children.

Churches operate several private schools. Churches also run a number of public schools, for which they receive funding from the government and must abide by Ministry of Education, Youth, and Information rules. Regulations mandate that religious schools receiving public funding must admit students of all faiths and adhere to ministry standards. Religious schools are not subject to any special restrictions; they do not receive special treatment from the government based on their religious or denominational affiliation. Most religious schools are affiliated with Catholic or Protestant churches. The Islamic Council of Jamaica runs two schools.

Foreign religious workers, regardless of affiliation, who visit the country to work with a religious organization must obtain a visa and a work permit from the Ministry of Labor and Social Security.

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

Japan

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution guarantees freedom of religion and requires the state to refrain from religious education or any other religious activity. It prohibits religious organizations from exercising any political authority or receiving privileges from the state. It states that the people shall not abuse their rights and shall be responsible to use their rights for the public welfare.

The government does not require religious groups to register or apply for certification, but certified religious groups with corporate status do not have to pay income tax on donations and religious offerings used as part of their operational and maintenance expenses. The government requires religious groups applying for corporate status to prove they have a physical space for worship and their primary purpose is disseminating religious teachings, conducting religious ceremonies, and educating and nurturing believers. An applicant must present in writing a three-year record of activities as a religious organization, a list of members and religious teachers, the rules of the organization, information on the method of making decisions on managing assets, statements of income and expenses for the past three years, and a list of assets. The law stipulates that prefectural governors have jurisdiction over groups seeking corporate status in their respective prefecture, and groups must apply for registration with prefectural governments. Exceptions are granted for groups with offices in multiple prefectures, which may register with the Ministry of Education, Culture, Sports, Science, and Technology (MEXT) minister. After the MEXT minister or a prefectural governor confirms an applicant meets the legal definition of a certified religious group with corporate status, the law requires the applicant to formulate administrative rules pertaining to its purpose, core personnel, and financial affairs. Applicants become religious corporations after the MEXT minister or governor approves their application and they register.

The law requires certified religious corporations to disclose their assets, income, and expenditures to the government. The law also authorizes the government to investigate possible violations of regulations governing for-profit activities. Authorities have the right to suspend a religious corporation’s for-profit activities for up to one year if the group violates the regulations.

The law stipulates that worship and religious rituals performed by inmates in penal institutions, alone or in a group, shall not be prohibited.

The law states that schools established by the national and local governments must refrain from religious education or other activities in support of a specific religion. Private schools are permitted to teach specific religions. The law also states that an attitude of religious tolerance and general knowledge regarding religion and its position in social life should be valued in education. Both public and private schools must develop curricula in line with MEXT standards. These standards are based on the law, which states that schools should give careful consideration when teaching religion in general to junior and high school students.

Labor law states a person may not be disqualified from union membership on the basis of religion.

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

Kenya

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution stipulates there shall be no state religion and prohibits religious discrimination. The constitution provides for freedom of religion and belief individually or in communities, including the freedom to manifest any religion through worship, practice, teaching, or observance. The constitution also states individuals shall not be compelled to act or engage in any act contrary to their belief or religion. These rights shall not be limited except by law, and then only to the extent that the limitation is “reasonable and justifiable in an open and democratic society.”

The constitution requires parliament to enact legislation recognizing a system of personal and family law adhered to by persons professing a particular religion. The constitution also specifically provides for qadi courts to adjudicate certain types of civil cases based on Islamic law, including questions relating to personal status, marriage, divorce, or inheritance in cases in which “all the parties profess the Muslim religion.” The country’s secular High Court has jurisdiction over civil or criminal proceedings, including those in the qadi courts, and accepts appeals of any qadi court decision.

Although there is no penal law referring to blasphemy, a section of the penal code states that destroying, damaging, or defiling any place of worship or object held sacred with the intention of insulting the religion of any class of persons is a misdemeanor. This offense carries a penalty of a fine or up to two years in prison but is reportedly rarely prosecuted using this law. Crimes against church property are more likely to be treated as malicious destruction of property, which is also a misdemeanor.

According to the law, new religious groups, institutions or places of worship, and faith-based nongovernmental organizations (NGOs) must register with the Registrar of Societies, which reports to the Attorney General’s Office. Indigenous and traditional religious groups are not required to register, and many do not. To register, applicants must have valid national identification documents, pay a fee, and undergo security screening. Registered religious institutions and places of worship may apply for tax-exempt status, including exemption from duty on imported goods. The law also requires that organizations dedicated to advocacy, public benefit, the promotion of charity, or research register with the NGO Coordination Board.

All public schools have religious education classes taught by government funded teachers. The national curriculum mandates religious classes, and students may not opt out. Some public schools offer religious education options, usually Christian or Islamic studies, but are not required to offer both.

The law establishes fees for multiple steps in the marriage process, which apply to all marriages, religious or secular. All officiants are required to purchase an annual license, and all public marriage venues must be registered. Officiants must be appointed by a registered religious group to conduct marriages in order to purchase the license.

The Ministry of Information, Communications, and Technology must approve regional radio and television broadcast licenses, including for religious organizations.

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

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future