Legal Framework

The constitution “guarantees freedom of ideas, religion, and cult.”  It prohibits discrimination on the grounds of religion and stipulates no one shall be required to disclose his or her religion or beliefs.  The constitution states such freedoms may be limited only to protect public safety, order, health, or morals as prescribed by law or to protect the rights of others.  The constitution acknowledges a special relationship with the Catholic Church “in accordance with Andorran tradition” and recognizes the “full legal capacity” of the bodies of the Catholic Church, granting them legal status “in accordance with their own rules.”  One of two constitutionally designated princes of the country (who serves equally as joint head of state with the other prince, the president of France) is the Catholic Bishop of Urgell in Catalonia, Spain, Joan Enric Vives i Sicilia, whose diocese includes Andorra.

Faiths other than Catholicism do not have legal status as religious groups.  The government registers religious communities as cultural organizations under the law of associations, which does not specifically mention religious groups.  To build a place of worship or seek government financial support for community activities, a religious group must register as a nonprofit cultural organization and acquire legal status.  To register, a group must provide its statutes and foundational agreement, a statement certifying the names of persons appointed to the board or other official positions in the organization, and a patrimony declaration that identifies the inheritance or endowment of the organization.  A consolidated register of associations records all types of associations, including religious groups.

The national ombudsman is responsible for investigating complaints of racism, discrimination, and intolerance, including those involving a religious motivation, in the public and private sectors.  The ombudsman makes recommendations to the public administration to correct problems and reports annually to parliament.

The law governing the issuance of official documents such as residence permits, passports, and driver’s licenses requires individuals to appear and be photographed with their heads uncovered.

According to the law, municipalities are responsible for the construction, preservation, and administration of cemeteries and funerary services.

Government regulation permits ritual slaughter as required by the Islamic or Jewish faith, so long as it takes place under the supervision of the veterinary services of the country’s slaughterhouse.

Instruction in the Catholic faith is optional in public schools.  The Catholic Church provides teachers for religion classes, and the government pays their salaries.  The Ministry of Education also provides space in public schools for Catholic religious instruction.

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

Government Practices

The Catholic Church continued to receive special privileges not available to other religious groups.  The government paid the salaries of the eight Catholic priests serving in local churches and granted all foreign Catholic priests citizenship for as long as they exercised their functions in the country.

On July 26, the government submitted to parliament a draft law, the first of its kind in the country, providing for equality and nondiscrimination, including religious equality.  The draft legislation would establish sanctions of up to 24,000 euros ($27,500) in cases of discrimination, including on the basis of religious affiliation, and stipulates the burden of proof in cases would rest with the defendant, who would have to demonstrate, if accused, there had not been discrimination.  The law would also establish an Equality Observatory to monitor and assess the state of equality and nondiscrimination in the country.  Parliament was reviewing the draft legislation and expected to vote on it before the end of the legislative term in March 2019.

There were no reports that government officials, at the national or local level, responded to requests by Muslim and Jewish officials to allow the construction of a cemetery where these groups could bury their dead according to their rituals and traditions.  Jews and Muslims could use existing cemeteries, but these did not allocate separate burial areas for these communities to use.  As a result, most Jews and Muslims continued to bury their dead outside the country.  Government officials said they were discussing the issue with municipalities.

In March the Supreme Court upheld a December 2017 finding by the Criminal Court (Tribunal de Corts) that a 2014 assault by two individuals on a Jewish man outside of a discotheque in the city of La Massana did not constitute an anti-Semitic hate crime.

The government continued to fund three public Catholic schools at the primary and secondary level open to students of all faiths.  Catholic instruction was mandatory for all students attending these schools.

The government continued to maintain a policy of issuing religious work permits for foreigners performing religious functions only to members of the Catholic Church.  Foreign religious workers belonging to other groups reported they could enter the country with permits for other positions such as schoolteachers or business workers and carry out religious work without hindrance.

There still was no mosque in the country; the Muslim community relied on two Muslim prayer rooms that it rented in Andorra la Vella and in Escaldes Engordany.

The Catholic Church of Santa Maria del Fener in Andorra la Vella continued to lend its sanctuary twice a month to the Anglican community so that visiting Anglican clergy could conduct services for the English-speaking members of that community.

Legal Framework

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

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

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

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

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

The board of the National Institute against Discrimination, Xenophobia, and Racism (INADI), a government agency under the jurisdiction of the Ministry of Justice and Human Rights, includes representatives of the major religious groups.  INADI investigates suspected and reported incidents of discrimination based on religion.  INADI is not authorized to enforce recommendations or findings, but its reports may be used as evidence in civil court.  The agency also supports victims of religious discrimination and promotes proactive measures to prevent discrimination.  INADI produces and distributes publications to promote religious tolerance.

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

Government Practices

In March the Cassation Court upheld a federal ruling against Senator and former President Fernandez de Kirchner on “aggravated concealment” charges, seeking her arrest on allegations that the purpose of a 2013 memorandum of understanding the Kirchner administration signed was to cover up possible Iranian involvement in the 1994 bombing of the AMIA Jewish community center in Buenos Aires.  Eighty-five persons died in the bombing.  In November the lower court’s request to lift her immunity from prosecution as a sitting senator expired after a senate’s session did not achieve a quorum.  While the new tribunal could issue a new request, the legislature could not take action on the measure until the onset of new congressional sessions in March 2019.  Fernandez de Kirchner, her former Foreign Minister Hector Timerman, who died on December 30, and 11 others were indicted in December 2017 and awaited trial at year’s end.

At the September UNGA, President Macri urged international support for the country’s demands that Iran cooperate in the continuing investigation of the AMIA attack and the 1992 terrorist bombing of the Israeli embassy in Buenos Aires.

In mid-November closing arguments ended in the AMIA community center bombing case seeking to establish local complicity in the 1994 incident, including charges against former President Carlos Menem and other former security and intelligence officials.  The oral stage, which is the final stage of the trial, remained ongoing at year’s end.  In October 2017, Interpol renewed Red Notices seeking the location and arrest of five Iranians, one Lebanese, and one Colombian for their suspected roles in the AMIA bombing.

Judicial inquiries into the 2015 murder of Alberto Nisman, the lead federal prosecutor responsible for the investigation of the 1994 AMIA bombing, continued during the year.  On June 2, a federal appeals court affirmed the lower court’s preliminary finding that Nisman was murdered.  In December 2017, a federal judge indicted Diego Lagomarsino, Nisman’s former assistant, as an accessory to his death, as well as four security officials for criminal cover-up and failing to ensure Nisman’s protection.

The Macri administration cosponsored with the Jewish community and the Israeli embassy, for the first time in 26 years, a public commemoration of the 1992 terrorist bombing of the Israeli embassy in Buenos Aires, and government officials expressed their commitment to transparency and pursuing justice.

On April 19, a group of parents in Tucuman Province filed suit against having a religious curriculum in the province’s public schools, citing the 2017 Supreme Court decision that incorporation of religious education in public schools was unconstitutional and stating that educators were exclusively teaching Catholicism in the schools.  Political observers commented that provincial education laws in Catamarca, Cordoba, La Pampa, and San Luis Provinces had similar provisions that could come under judicial review.  In December 2017, the Supreme Court ruled the incorporation of religious education in public schools in Salta Province was unconstitutional in a suit filed by the Association of Civil Rights and supported by parents and the Christian Alliance of Evangelical Churches in the Argentine Republic (ACIERA).  According to media reports, the provincial government subsequently made efforts to remove obligatory religious education in public schools, although such classes remained optional in some schools.

Secretary of Worship Alfredo Abriani publicly prioritized the passage of a draft religious freedom bill, first submitted in 2017, but there was no action on the legislation by year’s end.  The bill would eliminate the requirement that non-Catholic religious groups register with the government to receive the same benefits accorded to the Catholic Church, allow for conscientious objection on the basis of religion, and protect religious dress, holidays, and days of worship.

On August 24, the Argentine Episcopal Conference (CEA), representing the Catholic Church, announced its intention to cease receiving certain public funds provided as direct financial support by the national government.  On November 3, the group announced ongoing negotiations with the Macri administration to decrease such payments, primarily allocated for the salaries of Catholic bishops and seminarians.  State-funded financial support amounted to approximately 152 million Argentine pesos ($4.04 million) during the year, or 7 percent of the Church’s annual budget.  Although congress passed the 2019 national budget, it did not make public the government’s allocations to the Catholic Church.  Secretary of Worship Abriani stated the national budget would include allocations to the Catholic Church.  Church representatives continued to discuss measures to reduce their dependence on federal funding.

Many Jewish groups said they viewed relations with the Macri administration as positive and productive.  Close collaboration among these groups and the government continued, particularly in light of what they characterized as the administration’s commitment to resolve the Nisman killing and to pursue justice in its investigations of the 1994 AMIA attack and the 1992 terrorist bombing of the Israeli embassy.

Secretary of Worship Abriani, the human rights secretary, the Buenos Aires director general for religious affairs, and other government representatives continued to host and attend religious freedom conferences, interreligious dialogues, rabbinical ordinations, Catholic services, and Rosh Hashanah, Eid al-Adha, and Eid al-Fitr celebrations, as well as other religious activities, including those held by Protestant and Orthodox churches.  On September 4-5, the City of Buenos Aires hosted the Third World Congress on Intercultural and Interreligious Dialogue, aimed at promoting interreligious dialogue and understanding.  Participants included representatives from the Catholic Church, Orthodox Greek Church, Armenian Apostolic Church, Orthodox Episcopal Anglican Communion, and Church of Jesus Christ.  Other attendees included the Latin American Rabbinical Seminary and the Islam for Peace Institute.

On August 22, Buenos Aires hosted an interfaith festival highlighting diverse religious communities in the country at the Costanera Sur convention center.  The event sought to recognize and celebrate the religious diversity of Buenos Aires, according to local government officials.

On September 26-28, the government supported the fifth annual Group of 20 (G20) Interfaith Forum hosted by international religious and civil society groups.  The conference considered the G20 2018 summit theme of “Building Consensus for Fair and Sustainable Development” from a faith-based perspective.  Vice President Gabriela Michetti provided opening remarks.

From October 29 to November 1, 500 youth from more than 15 countries participated in the Third World Youth Meeting hosted by Jewish and other religious organizations with the support of the Ministry of Education, Culture, Science, and Technology.

INADI continued to spearhead education campaigns directed at public and private schools to facilitate a better understanding among youth of religious tolerance and respect for diversity.  On July 26, INADI announced a new private-sector partnership, “Business for Diversity,” to counter discrimination and encourage diversity in the workplace, including religious diversity.  On July 10, INADI signed a memorandum of cooperation with the Argentine Federation of Maccabean Community Centers to counter discrimination based on religion in sports.  INADI continued to work with UNICEF to counter cyberbullying, including religious discrimination.

In April the MFA provided the Delegation of Argentine Jewish Associations (DAIA) with copies of approximately 140,000 World War II Holocaust-era documents for research purposes.

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

According to media reports, a draft bill legalizing abortion during the first 14 weeks of pregnancy generated civic dialogue on issues of separation of church and state.  On March 6, 71 legislators presented the draft bill; on August 9, the senate voted 38 to 31 against the abortion legalization bill, which had narrowly passed the chamber of deputies 129 to 125 on June 14.  Protesters supporting and opposing the draft bill, including from many religious groups, held massive and largely peaceful overnight demonstrations in front of congress before voting occurred on June 14 and August 9.  Protest against the bill came largely from religious groups.  On June 7, the CEA cohosted an interreligious prayer service against abortion with Muslim, Jewish, and evangelical Christian leaders.  On August 4, ACIERA, the country’s largest evangelical association, held a massive march against abortion legalization.  On August 8, Catholic Cardinal of Buenos Aires Mario Aurelio Poli held a public pro-life Mass.  Catholic media reported on August 18, following the rejection of the abortion draft bill, thousands of individuals renounced their Catholic faith in an organized and public fashion.  Catholic media reported these actions exemplified a growing confrontation between Catholic Church authorities and members calling for greater separation between church and state.

Catholic and evangelical Christian churches reported graffiti throughout the country by individuals protesting religious opposition to abortion.  On March 9, graffiti in favor of abortion legalization appeared on the Metropolitan Cathedral, police headquarters, and various Catholic schools in Salta Province.  On August 9, protesters painted graffiti in favor of abortion legalization on the front gates and walls of the Sacred Family Church in Neuquen Province.  On September 13, unidentified individuals painted the walls of the San Justo parochial high school in Buenos Aires Province with anti-Catholic slogans.  On August 11, ACIERA denounced defacement of various member churches throughout the country due to the abortion legalization debate.

Media reported a Catholic high school teacher in Buenos Aires was recorded on camera justifying anti-Semitism, stating that Hitler did “good things.”  School authorities removed the teacher, Denise Yanet Evequoz, from her teaching duties in May after a video recording of her class in 2015 went viral on social media.  Evequoz defended her statements and did not apologize.

In May journalist Santiago Cuneo stated during a television show that President Macri was a political partner of international Zionism and that his government had staffed the country’s intelligence agency with Israeli intelligence agents.  Cuneo also personally insulted a Jewish member of the president’s cabinet and a Jewish businessman while the show was on the air.  DAIA publicly condemned the journalist’s statements and said it would bring discrimination charges against him.  Cuneo resigned after the incident but did not retract his statements.

On August 28, media reported unidentified individuals with unknown motives set fire to the San Roque Cathedral in Cordoba, causing property damage.  The church dates back to 1760 and is a dedicated national monument.  At year’s end, there were no reports of detentions of any individuals.

On September 6, two members of congress hosted a public congressional hearing on the separation of church and state.  Civil society leaders, legal experts, and politicians provided remarks on religious influence in national institutions and what they stated was the need for equality among religious communities.  They cited the nine draft bills in congress seeking to equalize government treatment of religious communities and remove privileges granted to the Catholic Church.  On September 15, approximately three dozen individuals protested what they deemed the lack of separation of church and state by publicly renouncing their Catholic faith on the steps of the Metropolitan Cathedral and submitting 5,000 names of other individuals who renounced their Catholic faith to the CEA.

DAIA documented 404 reported complaints of anti-Semitism in 2017, compared with 351 reported complaints in 2016.  Eighty-eight percent of reported incidents occurred on social media.  DAIA continued to track complaints of verbal, physical, and online harassment or anti-Semitic remarks, as well as anti-Semitic language in public spaces, including social and traditional media and during demonstrations and protests.  DAIA did not provide an analysis of the increase in cases.

From March to May in advance of the World Cup, the River Plate Museum, which is located in one of the largest stadiums in Buenos Aires, hosted a Holocaust exhibit entitled “It Wasn’t a Game.”  The museum received approximately 25,000 visitors each month.  The exhibit featured stories about soccer during the Holocaust era and highlighted Emerico Hirschl, a Hungarian-Jewish soccer coach who led the River Plate soccer team to national and international championships in the 1930s and convinced port guards to allow Jews to enter through Buenos Aires’ ports.

On November 21, the MENORA World Youth Organization and local NGO La Alameda held its first “Soccer Game for Peace” in Buenos Aires.  The game brought together Senegalese Muslim immigrants with young Jewish players, creating two mixed interreligious teams to promote fraternity and understanding among the two faith communities.

According to Adalberto Assad, president of the Argentine Confederation of Arab Entities, anti-Muslim sentiment was present in the country, which is home to one of the most active Islamic organizations in Latin America (Islamic Organization of Latin America) as well as the largest mosque in Latin America (King Fahd Islamic Cultural Center).  In a November article on the website of recently inaugurated Shia television channel Annur TV, Assad stated that “there is a persecution against the Muslim community in [the country]…What is happening now has never been seen before.”  The article went on to discuss an arrest and home search just prior to the G20 Leaders Summit of two Muslim brothers accused of having connections to Hezbollah and an alleged weapons cache.

In Mendoza Province, a Muslim woman was denied entry to the pool of a private swimming club – Cachueta Hot Springs – because she was wearing a burkini.  The club permits bathers to enter the water only with bikinis or one-piece swimsuits; an employee monitoring pool entrances refused her entry because the burkini did not fit into either of those categories.  The employee stated the woman could use the other facilities of the complex but not enter the water.  The woman then went to the employee who had sold her the entrance ticket and received a refund.  She later made a formal complaint to INADI detailing what had happened; INADI stated that the woman was correct in her complaint and that the complex had broken the law by denying her entrance into the pool.

Interreligious groups such as Religions for Peace, whose members included Catholic, Protestant, evangelical Christian, Jewish, Muslim, Baha’i, and indigenous religious groups, and the Argentine Council for Religious Freedom, continued to work on increasing opportunities for interreligious action on common societal challenges.  On December 6, leaders from the Islamic Center of the Argentine Republic (CIRA), the AMIA, and the CEA signed a document to further interreligious dialogue and peace.  The declaration, an updated version of a similar document signed in 2005 by then Archbishop Jorge Bergoglio and his peers in the interreligious community, affirmed the commitment of all involved not to permit religious conflicts from other parts of the world to affect the fraternity among religious communities in the country.