The U.S. government estimates the total population at 34.9 million (July 2018 estimate).  There are no reliable statistics available concerning the percentages of Sunni and Shia Muslims in the country; the government’s Central Statistics Office does not track disaggregated population data.  According to the Pew Forum, Shia make up approximately 10-15 percent of the population.

According to religious community leaders, the Shia population, approximately 90 percent of whom are ethnic Hazaras, is predominantly Jaafari, but it also includes Ismailis.  Other religious groups, mainly Hindus, Sikhs, Baha’is, and Christians, constitute less than 0.3 percent of the population.  Sikh and Hindu leaders estimate there are 245 Sikh and Hindu families totaling 700 individuals, down from 1,300 individuals estimated in 2017, mostly in Kabul, with a few communities in Nangarhar, Ghazni, Paktiya, Kunduz, Kandahar, and Helmand Provinces.

The Ahmadi Muslim community estimates it has 450 adherents nationwide, down from 600 in 2017.  Reliable estimates of the Baha’i and Christian communities are not available.  There are small numbers of practitioners of other religions, including one Jewish person.

Hazaras live predominantly in the central and western provinces as well as in Kabul; Ismaili Muslims live mainly in Kabul and in the central and northern provinces.  Followers of the Baha’i Faith live predominantly in Kabul, with a small community in Kandahar.  Ahmadi Muslims largely live in Kabul.

Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the beliefs and provisions of the “sacred religion of Islam.”  It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam.  According to the constitution, followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law.”  The penal code, enacted in February, outlines provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion.  An article in the new penal code specifies what constitutes an insult to religion, stating, “A person who intentionally insults a religion or disrupts its rites or destroys its permitted places of worship shall be deemed as a perpetrator of the crime of insulting religions and shall be punished according to provisions of this chapter.”

Another article of the penal code states persons who forcibly stop the conduct of rituals of any religion, destroy or damage “permitted places of worship” (a term not defined by the code) where religious rituals are conducted, or destroy or damage any sign or symbol of any religion are subject to imprisonment of three months to one year or a fine ranging from 30,000 afghanis to 60,000 afghanis ($400 to $800).  In cases where murder or physical injury result from the disturbance of religious rites or ceremonies, the perpetrator will be tried according to crimes of murder and physical injury as defined by law.

The new penal code also specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years.

While the crime of blasphemy of Islam, also known as apostasy, is not specifically provided for under the penal code, it falls under the seven offenses making up the hudood as defined by sharia law.  According to the penal code, perpetrators of hudood will be punished according to Hanafi jurisprudence.  According to Sunni Hanafi jurisprudence, which the constitution states shall apply “if there is no provision in the constitution or other laws about a case,” beheading is appropriate for male apostates, while life imprisonment is appropriate for female apostates, unless the individual repents.  A judge may also impose a lesser penalty, such as short-term imprisonment or lashes, if doubt about the apostasy exists.  Under Hanafi jurisprudence, the government may also confiscate the property of apostates or prevent apostates from inheriting property.  This guidance applies to individuals who are of sound mind and have reached the age of maturity.  Civil law states the age of majority for citizens is 18, although it is 16 for females with regard to marriage.  Islamic law defines it as the point at which one shows signs of puberty.

Conversion from Islam to another religion is apostasy according to the Hanafi school of jurisprudence applicable in the courts.  If someone converts to another religion from Islam, he or she shall have three days to recant the conversion.  If the person does not recant, then he or she shall be subject to the punishment for apostasy.  Proselytizing to try to convert individuals from Islam to another religion is also illegal according to the Hanafi school of jurisprudence, which is applied in the courts and subject to the same punishment.

Blasphemy, which may include anti-Islamic writings or speech, is a capital crime according to the Hanafi school.  Accused blasphemers, like apostates, have three days to recant or face death, although there is no clear process for recanting under sharia.  Some hadiths (sayings or traditions that serve as a source of Islamic law or guidance) suggest discussion and negotiation with an apostate to encourage the apostate to recant.

According to a 2007 ruling from the General Directorate of Fatwas and Accounts under the Supreme Court, the Baha’i Faith is distinct from Islam and is a form of blasphemy.  All Muslims who convert to it are considered apostates; Baha’is are labeled infidels.

Licensing and registration of religious groups are not required.  Registration as a group (which gives the group the status of a council, known as a shura) or an association conveys official recognition and the benefit of government provision of facilities for seminars and conferences.  By law, anyone who is 18 years of age or older may establish a social or political organization.  Such an entity must have a charter consistent with domestic laws as well as a central office.  Both groups and associations may register with the Ministry of Justice.  The ministry may dissolve such organizations through a judicial order.  Groups recognized as shuras (councils) may cooperate with one another on religious issues.  Associations may conduct business with the government or the society as a whole. 

A mass media law prohibits the production, reproduction, printing, and publishing of works and materials contrary to the principles of Islam or offensive to other religions and denominations.  It also prohibits publicizing and promoting religions other than Islam and bans articles on any topic the government deems might harm the physical, spiritual, and moral wellbeing of persons, especially children and adolescents.  The law instructs National Radio and Television Afghanistan, a government agency, to provide broadcasting content reflecting the religious beliefs of all ethnic groups in the country.  The law also obligates the agency to adjust its programs in light of Islamic principles as well as national and spiritual values.

According to the constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture as well as academic principles” and develop courses on religion based on the “Islamic sects” in the country.  The national curriculum includes materials designed separately for Sunni-majority schools and Shia-majority schools, as well as textbooks that emphasize nonviolent Islamic terms and principles.  The curriculum includes courses on Islam, but not on other religions.  Non-Muslims are not required to study Islam in public schools.

According to the law, all funds contributed to madrassahs by private or international sources must be channeled through the Ministry of Education (MOE).

The civil and penal codes derive their authority from the constitution.  The constitution stipulates the courts shall apply constitutional provisions as well as the law in ruling on cases.  For instances in which neither the constitution nor the penal or civil code address a specific case, the constitution declares the courts may apply Hanafi Sunni jurisprudence within the limits set by the constitution to attain justice.  The constitution also allows courts to apply Shia law in cases involving Shia followers.  Non-Muslims may not provide testimony in matters requiring sharia jurisprudence.  The constitution makes no mention of separate laws applying to non-Muslims.

A Muslim man may marry a non-Muslim woman, but the woman must first convert if she is not an adherent of one of the other two Abrahamic faiths – Christianity or Judaism.  It is illegal for a Muslim woman to marry a non-Muslim man.

The government’s national identity cards indicate an individual’s religion, as well as nationality, tribe, and ethnicity.  Individuals are not required to declare belief in Islam to receive citizenship.

The constitution requires the president and two vice presidents to be Muslim.  Other senior officials (ministers, members of parliament, judges) must swear allegiance and obedience to the principles of Islam as part of their oath of office.

The constitution allows the formation of political parties, provided the program and charter of a party are “not contrary to the principles of the sacred religion of Islam.”  The constitution states political parties may not be based on sectarianism.

The law, pursuant to a 2016 presidential decree, mandates an additional seat in parliament’s lower house be reserved for a member of the Hindu and Sikh community.  Four seats in the parliament are also reserved for Ismaili Muslims.

The Ministry of Hajj and Religious Affairs (MOHRA) remained responsible for managing Hajj and Umrah pilgrimages, revenue collection for religious activities, acquisition of property for religious purposes, issuance of fatwas, educational testing of imams, sermon preparation and distribution for government-supported mosques, and raising public awareness of religious issues.  During the year, MOHRA restructured its bureaucracy to establish an office dedicated to assisting the faith practices of religious minorities, specifically Sikhs and Hindus.

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

Government Practices

Media reported members of the Shia community continued to state the government did not provide them with adequate protection from attacks by nonstate actors.  In response to these attacks, in September President Ashraf Ghani announced a plan to divide Kabul into four security zones, creating a security zone in the Dasht-e Barchi area similar to the one that protects embassies and international organizations in central Kabul and increasing the ANDSF presence there.  President Ghani also announced plans for the Kabul Municipality and Capital Zone Development Authority to implement development projects in the area, including road construction.  Representatives from the predominantly Shia Hazara community, however, said these were insufficient, symbolic measures from the government.  The Ministry of Interior again increased security around Shia mosques and authorized the arming of Shia civilians, under police authority, to provide extra security for Ashura.  There were no reports of violence during Ashura processions – a sharp contrast from recent years.  On September 18, media reported the government had prevented attacks by arresting 26 ISKP militants in Kabul suspected of planning attacks on Ashura.

As in the previous four years, there were no reports of government prosecutions for blasphemy or apostasy during the year; however, individuals converting from Islam reported they continued to risk annulment of their marriages, rejection by their families and communities, loss of employment, and possibly the death penalty.  Baha’is continued to be labeled as “infidels,” although they were not considered converts; as such, they were not charged with either crime.

The government again allowed both Sunnis and Shia to go on pilgrimages, with no quota on either group.  It charged fees for Hajj participants to cover transportation, food, accommodation, and other expenses.  MOHRA also continued to facilitate pilgrimages for Hindus and Sikhs to India, but it did not collect any revenue for or from non-Muslims.  Ahmadi Muslims reported they chose not to interact with MOHRA because they feared MOHRA would deem them non-Muslims and forbid them from participating in the Hajj.

MOHRA reported that of the approximately 120,000 mullahs in the country, 6,000 registered mullahs were working directly for MOHRA at year’s end, an increase from 4,589 in 2017.  Government officials said the ministry was able to hire additional clerics under the year’s budget due to the implementation of new procedures and a new payroll system.  These mullahs continued to receive an average monthly salary of 12,000 afghanis ($160) from the government.  For highly educated mullahs of central mosques delivering special Friday sermons or khatibs, MOHRA provided a salary of 14,000 afghanis ($190).  Mullahs applying to be prayer leaders in MOHRA-registered mosques continued to have to hold at least a high school diploma, although a bachelor’s degree or equivalent verified by the Ministry of Higher Education was preferred.  MOHRA reported approximately 66,000 of the estimated 160,000 mosques in the country were registered.  According to MOHRA, the ministry lacked the financial resources to create a comprehensive registry of mullahs and mosques in the country.

MOHRA reported it continued to allocate a portion of its budget for the construction of new mosques, although local groups remained the source of most of the funds for the new mosques.  Unless the local groups requested financial or other assistance from the ministry, they were not required to inform the ministry about the new construction.

Hindu and Sikh groups again reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy, but per the law against conversion of Muslims, the government continued not to allow them to proselytize.  Hindu and Sikh community members said they continued to avoid pursuing land disputes through the courts due to fear of retaliation, especially if powerful local leaders occupied their property.

Although the government provided land to use as cremation sites, Sikh leaders stated the distance from any major urban area and the lack of security in the region continued to make the land unusable.  Hindus and Sikhs reported continued interference in their efforts to cremate the remains of their dead from individuals who lived near the cremation sites.  In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals.  The government promised to construct modern crematories for the Sikh and Hindu populations.  Sikh and Hindu community leaders said President Ghani reaffirmed this promise in an August 2017 meeting, but as of the end of the year, the government had not taken action.  Despite these challenges, community leaders acknowledged new efforts by MOHRA to provide free water, electricity, and repair services for a few Sikh and Hindu temples, as well as facilitate visas for religious trips to India.

MOHRA reported there were 4,500 registered madrassahs and “Quran learning centers” throughout the country, up from 4,093 in 2017.  The government reported that approximately 50,000 mosques were registered with the ministry.  The government registered some additional madrassahs during the year but did not report how many.  More than 300,000 students were enrolled in madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to the latest available estimate.

The registration process for madrassahs continued to require a school to demonstrate it had suitable buildings, classrooms, accredited teachers, and dormitories if students lived on campus.  MOHRA continued to register madrassahs collocated with mosques, while the MOE continued to register madrassahs not associated with mosques.  In MOHRA-run madrassahs, students received individual instruction, with one imam teaching approximately 50 to 70 children studying at various levels.  Only certificates issued by registered madrassahs allowed students to pursue higher education at government universities.

MOHRA could not estimate the number of unregistered madrassahs but stated it was likely unregistered madrassahs “far outnumbered” registered madrassahs.  The MOE was authorized to close unregistered madrassahs, but ministry officials again said it remained nearly impossible to close any due to local sensitivities.  According to ministry officials, some madrassahs were closed in conflict areas during the year, but not out of concern for potential negative societal repercussions.  Ministry officials said the government continued its efforts to raise awareness of the benefits of registering madrassahs, including recognition of graduation certificates and financial and material assistance, such as furniture or stationery.  Government officials said they were concerned about their inability to supervise unregistered madrassas that could institute violent extremist curriculum intolerant of religious minorities and become recruitment centers for antigovernment groups.

Mosques continued to handle primary-level religious studies.  Eighty MOE-registered madrassahs offered two-year degree programs at the secondary level.  An estimated 1,200 public madrassahs were registered with the MOE.

Ulema Council members continued to receive financial support from the state, although it officially remained independent from the government.  The council also provided advice to some provincial governments; however, according to scholars and NGOs, most legal decision making in villages and rural areas continued to be based on local interpretations of Islamic law and tradition.  President Ghani and Chief Executive Abdullah Abdullah included messages in support of religious tolerance in speeches invoking national unity and in meetings with minority religious groups.  For example, on September 19, media reported that President Ghani had stated the ongoing war was against the “national unity and religious freedom” of the country.  President Ghani and Chief Executive Abdullah also held meetings with Ulema Council members on promoting intrafaith tolerance and “moderate practices” of Islam.

Minority religious groups reported the courts continued not to apply the protections provided to those groups by law, and the courts denied non-Muslims the access to the courts or other legal redress as Muslims, even when the non-Muslims were legally entitled to those same rights.

According to media reports and representatives from non-Muslim religious minorities, some members of these communities, such as Sikhs and Hindus, were told they did not have equal rights because they were “Indians,” not Afghans, even when they were citizens of the country.  Members of minority religious communities reported the state, including the courts, treated all citizens as if they were Muslims, and some basic citizenship rights of non-Muslims remained uncodified.  They said the result was non-Muslims continued to risk being tried according to Hanafi jurisprudence.

Sikhs and Hindus continued to report their community members avoided taking civil cases to court because they believed they were unprotected by dispute resolution mechanisms such as the Special Land and Property Court.  Instead, their members continued to settle disputes within their communities.

Leaders of both Hindu and Sikh communities continued to state they faced discrimination in the judicial system, including long delays in resolving cases, particularly regarding the continued appropriation of Sikh properties.  Hindu and Sikh community leaders said they had pending court cases of land seized by municipal authorities and warlords from four years ago.  Whenever community advocates reproached the court, government officials said their cases remained under review.

Although some Shia continued to hold senior positions in the government such as Second Vice President Sarwar Danesh, High Peace Council Chairman Karim Khalili, and then Second Chief Executive Deputy Mohammad Mohaqeq, Shia leaders continued to state the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics.  Sunni members of the Ulema Council continued to state, however, that Shia remained overrepresented in government based on Sunni estimates of the percentage of Shia in the population.  Observers said these debates were often about the predominantly Hazara ethnicity of the majority of the country’s Shia rather than about religion.

A small number of Sikhs and Hindus continued to serve in government positions, including one at the municipal level, one at the Chamber of Commerce and Industries, one as a presidentially appointed member of the upper house of parliament, and one as an elected member in the lower house.  After the only Sikh candidate, Awtar Singh Khalsa, for lower house parliament elections was killed in a July 1 suicide attack in Jalalabad, Nangarhar Province, the IEC granted an extension on July 5 for the registration for a Sikh candidate to run in parliamentary elections in October.

Although four Ismaili Muslims remained members of parliament, Ismaili community leaders continued to report concerns about what they called the exclusion of Ismailis from other positions of political authority.

The government continued to support the efforts of judicial, constitutional, and human rights commissions composed of members of different Islamic religious groups (Sunni and Shia) to promote Muslim intrafaith reconciliation.  The Ministry of Women’s Affairs and MOHRA continued working toward their stated goal of gaining nationwide acceptance of the practice of allowing women to attend mosques.  The Ulema Council, the Islamic Brotherhood Council, and MOHRA also continued their work on intrafaith reconciliation.  Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.

On June 4, the Ulema Council convened approximately 3,000 religious scholars at the Loya Jirga tent in Kabul to issue a propeace fatwa.  Although the religious scholars said the effort was more of a symbolic attempt to challenge the religious legitimacy of “holy war” invoked by violent extremist groups, including the Taliban and ISKP, they said the fatwa included principles of religious tolerance.  The scholars stated, “Divisions among Muslims based on language, tribe, or sect are against Islam” and that “those who cause such division should be punished.”  This included all forms of intra-Muslim violence, including through suicide attacks.

The ONSC continued its work on addressing religiously motivated violent extremism, which included policies to foster religious tolerance.  The ONSC continued to sponsor provincial-level conferences on religiously motivated violent extremism to collect data for use in its effort to develop a strategy to counter violent extremism.  The ONSC also continued to coordinate the efforts of relevant government institutions and NGOs to formulate the strategy through an interministerial working group.  Government officials said the strategy had reached the final stages of review during the year.

Abuses by Foreign Forces and Nonstate Actors

According to journalists, local observers, and UNAMA, attacks by the ISKP and other insurgent groups continued to target specific religious and ethnoreligious groups, including the Hazara Shia.  UNAMA’s 2018 report on civilian deaths documented attacks targeting places of worship, religious leaders, and worshippers, recording 22 attacks causing 453 civilian casualties (156 deaths and 297 injured).  UNAMA attributed all attacks to antigovernment elements; the ISKP committed the vast majority of attacks.  Suicide attacks were the main cause of casualties, killing 136 civilians and injuring 266, representing a 118 per cent increase in casualties compared with 2017.  In addition to suicide attacks, UNAMA documented 35 civilian casualties (15 deaths and 20 injured) from targeted killings of religious leaders and worshippers.

UNAMA continued to report high levels of ISKP-directed, sectarian-motivated violence targeting the Shia Muslim, mostly ethnic Hazara, population.  During the year, it documented 19 incidents of sectarian-motivated violence against Shia Muslims resulting in 747 civilian casualties (223 deaths and 524 injured), a 34 percent increase in civilian casualties from such attacks compared with 2017.

The ISKP claimed responsibility for the September 6 twin-suicide attack on a sports club in Western Kabul that killed close to 150 individuals, the vast majority of them members of the Shia Hazara community.

Attacks on Shia mosques for which the ISKP claimed responsibility included a March 21 suicide attack on a Shia shrine in Kabul during a Nowruz celebration, killing 31 and wounding 65, and an August 3 suicide bomb attack on a Shia mosque in Gardez, Paktiya Province, killing 33 persons and injuring 94 during Friday prayers.

According to media reports, antigovernment forces also targeted Sunni mosques.  On May 6, an IED exploded in the Sunni Yaqubi Mosque in the Khost provincial center used as a voter registration center for the October parliamentary elections, killing at least 19 civilians, and injuring 32 others.  No group claimed responsibility for the attack; religious scholars noted the Taliban appeared to avoid attacks against Sunni mosques or refrain from claiming responsibility for them.

ISKP attacks targeting Shia continued to extend outside of mosques.  On April 22, a suicide attacker self-detonated outside of a national identity card (tazkira) distribution center in Kabul, killing 60 civilians and injuring 138 others, mostly women and children.  The predominantly Shia Hazara area in Kabul, Dasht-e Barchi, witnessed several suicide attacks targeting mosques, schools, and government offices, killing and injuring a large number of civilians.  The ISKP claimed responsibility for the majority of these attacks, which deliberately targeted the Shia community.  For example, on August 15, a suicide attack targeted students at an educational center in the Dasht-e Barchi area, killing more than 50 and injuring an estimated 70 individuals, mostly students.  An attack on a gym in the same area on September 5 killed more than 25 civilians and injured approximately 100.

The ISKP also claimed responsibility for a suicide bombing outside the tent of a June 4 Ulema Council conference, where close to 3,000 religious scholars gathered to issue a fatwa condemning intra-Muslim violence, killing 14 and injuring at least 20.

On November 20, a suicide bombing at a wedding hall in Kabul killed at least 50 individuals and injured dozens more.  According to a government official, the attack was one of more deadly attacks in Kabul during the year, targeting a gathering of religious scholars.  No group claimed responsibility for the attack.

The Taliban continued to kill and threaten religious leaders with death for preaching messages contrary to the Taliban’s interpretation of Islam or its political agenda.  On May 26, the Taliban killed a prominent religious scholar in Bati Kot District, Nangarhar Province, whom it accused of spying for the government.  On June 5, local authorities said the Taliban killed a prominent religious scholar in Kandahar City.

In several cases, the responsibility for attacks on religious officials was unclear.  In these cases, although no individual or group claimed responsibility for the attacks, local authorities suspected the ISKP and less frequently, the Taliban were responsible.  On April 29, an IED explosion near a Sunni mosque killed five civilians in Jalalabad City, Nangarhar Province.  On June 6, armed men opened fire in a Sunni mosque during prayers, killing four civilians and injuring five others in Mandozai District, Khost Province.  No group claimed responsibility for the attack.  On November 24 in Kabul, two unidentified gunmen on a motorcycle killed Mawlawi Abdul Basir Haqqani, the head of Kabul’s Ulema Council.  Authorities detained two individuals.

On June 8, an IED killed religious scholars supportive of the government in Mehtarlam City, Laghman Province, killing three civilians and injuring 12 others.  On June 23, unidentified gunmen killed a Shia religious scholar in Herat.  On July 14, unidentified gunmen killed a progovernment imam in Farah City, Farah Province.

There continued to be reports of the Taliban and ISKP monitoring the social habits of local populations in areas under their control and imposing punishments on residents according to their respective interpretations of Islamic law.  On February 12, the Taliban stoned a man to death on charges of engaging in extramarital sex (zina) in the province of Sar-e Pul.  On March 18, the Taliban punished an 18-year-old male by cutting off his right hand and left leg on charges of robbery in Obe District, Herat Province.

On February 27, in Tangi Wazir, Nangarhar Province, the ISKP stoned to death a man accused of engaging in extramarital sexual relations.  The ISKP released a press statement stating the married man was stoned to death because he had illegal extramarital sexual relations.  In April the ISKP stoned to death a 60-year-old man accused of raping a woman in Darzab District, Jawzjan Province.   

There were reports of continued Taliban warnings to mullahs not to perform funeral prayers for government security officials.  As a result, according to MOHRA officials, imams continued to state they feared performing funeral rites for ANDSF and other government employees.  In July government officials confirmed media reports that officially registered imams in Samkani District, Paktiya Province, refused to perform funeral rites for ANDSF members to avoid being targeted by antigovernment elements in the area.  Local communities pointed out that inaction by Islamic clerics affected security force morale.  MOHRA also reported difficulty in staffing registered mosques in insecure areas because of Taliban threats.

According to some religious community leaders, some mullahs in unregistered mosques continued to preach in support of the Taliban or ISKP in their sermons.

There were continued reports of the Taliban and ISKP taking over schools in areas under their control and imposing their own curricula.

Since religion and ethnicity are often closely linked, it was often difficult to categorize many incidents as being solely based on religious identity.  Sikhs, Hindus, Christians, and other non-Muslim minorities reported continued harassment from Muslims, although Hindus and Sikhs stated they continued to be able to publicly practice their religions.  Members of the Hindu community continued to report they faced fewer cases of harassment, including verbal abuse, than Sikhs, which they ascribed to their lack of a distinctive male headdress.  Both groups attributed fewer cases of harassment of members of their communities to the decline in the Sikh and Hindu populations in the country.

Although in past years media reported cases of local religious leaders forcing young men to fast during Ramadan, there were no cases reported during the year.

Women of several different faiths, including Islam, continued to report harassment from local Muslim religious leaders over their attire.  As a result, the women said they continued to wear burqas in public in rural areas and in some districts of urban areas, including in Kabul, in contrast to other more secure, government-controlled areas where women said they felt comfortable without burqas.  Almost all women reported wearing some form of head covering.  Some women said they did so by personal choice, but many said they did so due to societal pressure and a desire to avoid harassment and increase their security in public.  MOHRA and the National Ulema Council both continued to state there was no official pressure on women regarding their attire.

Ahmadi Muslims continued to report verbal abuse on the street and harassment when neighbors or coworkers learned of their faith.  They said they also faced accusations of being “spies” for communicating with other Ahmadi Muslim community congregations abroad.  They said they did not proselytize due to fear of persecution.  Ahmadis maintained a place of worship but kept it unmarked, without minarets or other adornments identifying it as an Ahmadi Muslim community mosque.  Overall, Ahmadis reported the need to increasingly conceal their identity to avoid unwanted attention in public, or to depart the country permanently.

Christian representatives reported public opinion remained hostile toward converts to Christianity and to the idea of Christian proselytization.  They said Christians continued to worship alone or in small congregations in private homes due to fear of societal discrimination and persecution.  There continued to be no public Christian churches.

According to minority religious leaders, the decreasing numbers of Sikhs, Hindus, and other religious minorities had only a few places of worship.  According to the Sikh and Hindu Council, which advocates with the government on behalf of the Sikh and Hindu communities, there were 12 gurdwaras (Sikh temples) and four mandirs (Hindu temples) remaining in the country, compared with a combined total of 64 in the past.  Buddhist foreigners remained free to worship in Hindu temples.  Following past seizures of their places of worship by residents of Kandahar, Ghazni, Paktiya, and other provinces, the Hindu community had presented a list of its places of worship to MOHRA in 2016 in an effort to stop further seizures and to reclaim the land and buildings previously lost.  Members of the Hindu and Sikh communities said these problems were still unresolved at year’s end.

Community leaders said they perceived the large number of butchers selling beef near a Sikh temple in Kabul as a deliberate insult because neighbors were aware that Sikhs and Hindus do not eat beef for religious reasons.  Sikh and Hindu leaders also reported neighboring residents tended to place household trash in their temples of worship.  Although they filed official complaints to police, neither local authorities nor local imams took action to remedy the situation.

The government attempted to honor the Sikh and Hindu community following the July 1 suicide attack that killed several members of their community in Jalalabad by renaming the location of the attack as Daramsal, after the Sikh parliamentary candidate who died in the bombing.  Community leaders, however, said the government’s decision brought more unwanted attention and harassment to Hindus and Sikhs in the area.

According to members of the Sikh and Hindu communities, they continued to refuse to send their children to public schools due to harassment from other students, although there were only a few private school options available to them due to the decreasing sizes of the two communities and their members’ declining economic circumstances.  The Sikh and Hindu Council reported one school in Nangarhar and one school in Kabul remained operational.  Sikh and Hindu representatives, however, said these schools were still underequipped to teach students.

Sikh leaders continued to state the main cause of Hindu and Sikh emigration was a lack of employment opportunities; they said one factor impeding their access to employment was illiteracy.  Sikh leaders said many families in Kabul lived at community temples (gurdwaras and mandirs) because they could not afford permanent housing.  Both communities stated emigration would continue to increase as economic conditions worsened and security concerns increased.  Community leaders estimated between 500 to 600 Sikhs and Hindus had fled the country during the year to either India or Western countries.

Observers reported societal discrimination against the Shia minority by the Sunni majority continued to decline, although there were reports of discrimination in some localities, especially involving employment opportunities.  There were also instances, however, where Sunnis and Shia joined in prayer or to donate blood in the aftermath of terrorist attacks.  Shia clerics and NGOs reported instances of Sunni religious leaders openly condemning attacks against the Shia community and attending the funeral processions of Shia victims.

Media published reports of both Shia and Sunni leaders condemning particular secular events as contrary to Islam; however, there were no prominent reports of joint condemnations.

Kabul’s lone synagogue remained occupied by the last remaining Jew in the country, and a nearby Jewish cemetery was still utilized as an unofficial dump.  The lone Jew said he was able to perform all his religious rituals.  He said in the past Jews from international military forces and foreign embassies attended the synagogue but could no longer do so due to security concerns and threats.

Worship facilities for noncitizens of various faiths continued to be located at coalition military facilities and at embassies in Kabul.

Media continued to report efforts by local Muslim religious leaders to limit social activities they considered inconsistent with Islamic doctrine, such as education for females or female participation in sports.

According to media reports, the Ulema Council sought an expanded role in public life; on August 4, it announced plans to establish a special committee to oversee social reform to address government corruption and “moral corruption” deemed incompatible with the teachings of Islam.  Media reported that President Ghani and the public welcomed the council’s initiative to cooperate with the government in tackling government corruption.  Media outlets however, conveyed public concerns that the council’s social reform plans infringed on freedoms and rights provided under the country’s constitution, referring to the country’s past history of religious social repression under the Taliban regime.  According to religious community representatives, however, the council did not implement these plans during the year.  Early in the year, a video clip went viral on social media of a prominent mullah of a registered madrassah in Kabul, praising the Taliban and strongly criticizing the government for permitting the continued presence of international forces in the country.

NGOs reported Muslim residents remained suspicious of development assistance projects, which they often viewed as surreptitious efforts to advance Christianity or engage in proselytization.

In meetings with members of the president’s staff, ONSC, MOHRA, and the Ulema Council, U.S. embassy officials continued to promote religious tolerance and the need to enhance the government’s capacity to counter violent religious extremism.  Senior embassy officials met with government officials to emphasize the need to protect religious minorities.  The Ambassador met with leaders of the Sikh and Hindu communities to understand their relationship with the government and ability to practice their faith.  In October the Department of State Special Advisor for Religious Minorities visited the country and promoted religious tolerance in discussions with senior government officials, civil society, and members of the international community.

Embassy officials met with both government and religious officials to discuss the issue of ensuring madrassahs did not offer a curriculum encouraging religiously motivated violent extremism, which could encourage intolerance towards the country’s religious minorities.  The embassy continued to coordinate with the ONSC, as well as other governmental and nongovernmental stakeholders, to assist the ONSC in creating a national strategy to combat violent extremism and enhancing its relevance to promoting respect for religious diversity.

Embassy officials held regular meetings with leaders of major religious groups, imams, scholars, and NGOs to discuss ways to enhance religious tolerance and interreligious dialogue.  Embassy officials hosted iftars with government, civil society, and religious leaders during Ramadan to promote religious dialogue and tolerance.  During the month of Ramadan, embassy social media platforms shared information on Islam in America based on Department of State-created materials that profiled prominent Muslim-Americans and organizations.

The embassy hosted roundtables with researchers and religious scholars, including MOHRA representatives, to discuss the sources and means to counter violent religious extremism.  The embassy also facilitated and funded the coordination of research efforts on violent religious extremism, which included policies to foster intrafaith tolerance.

The embassy highlighted National Religious Freedom Day on July 16 and International Religious Freedom Day on October 27 through Twitter and Facebook posts, which featured a video on the lives of American Muslims exemplifying exemplified religious tolerance in the United States.

The U.S. government estimates the total population at 3.1 million (July 2018 estimate).  According to the most recent census, conducted in 2011, Sunni Muslims constitute nearly 57 percent of the population, Roman Catholics 10 percent, members of the Autocephalous Orthodox Church of Albania nearly 7 percent, and members of the Bektashi Order (a form of Shia Sufism) 2 percent.  Other groups include Protestant denominations, Baha’is, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints, and a small Jewish community.  Nearly 20 percent of respondents declined to answer the optional question about religious affiliation.

Legal Framework

The constitution stipulates there is no official religion, all religions are equal, and the state has the duty to respect and protect religious coexistence.  It declares the state’s neutrality in questions of belief and recognizes the independence of religious groups.  According to the constitution, relations between state and religious groups are regulated by agreements between these groups and the Council of Ministers and ratified by the parliament.

The constitution prohibits religious discrimination and guarantees freedom of conscience, religion, and free expression.  It affirms the freedom of all individuals to choose or change religion or beliefs and to express them individually, collectively, in public, or in private.  The constitution states individuals may not be compelled to participate or excluded from participating in a religious community or its practices, nor may they be compelled to make their beliefs or faith public or prohibited from doing so.  It prohibits political parties or other organizations whose programs incite or support religious hatred.  The criminal code prohibits interference in an individual’s ability to practice a religion and prescribes punishments of up to three years in prison for obstructing the activities of religious organizations or for willfully destroying objects or buildings of religious value.

By law, the Office of the Commissioner for Protection from Discrimination receives and processes discrimination complaints, including those concerning religious practice.  The law specifies the State Committee on Cults, under the jurisdiction of the Office of the Prime Minister, regulates relations between the government and religious groups, protects freedom of religion, and promotes interfaith cooperation and understanding.  The law also directs the committee to maintain records and statistics on foreign religious groups that solicit assistance and to support foreign employees of religious groups in obtaining residence permits.

The government does not require registration or licensing of religious groups, but a religious group must register with the district court as a nonprofit association to qualify for certain benefits, including opening a bank account, owning property, and exemption from certain taxes.  The registration process entails submission of information on the form and scope of the organization, its activities, identities of its founders and legal representatives, nature of its interactions with other stakeholders (e.g., government ministries and civil society organizations), address of the organization, and a registration fee of 1,000 lek ($9).  A judge is randomly assigned within three to four days of submission to adjudicate an application, and the decision process usually concludes within one session.

The government has agreements with the Sunni Muslim and Bektashi communities, the Catholic and Orthodox Churches, and the VUSH.  These bilateral agreements codify arrangements pertaining to official recognition, property restitution, tax exemptions on income, donations and religious property, and exemption from submitting accounting records for religious activities.  A legal provision enacted in 2009 directs the government to provide financial support to the four religious communities with which it had agreements at the time.  This provision of the law does not include the VUSH, whose agreement with the government dates from 2011.  There is no provision of the law to provide VUSH with financial support from the government.

The law requires the ATP to address claims by religious groups for properties confiscated during the communist era.

The law allows religious communities to run educational institutions as well as build and manage religious cemeteries on land the communities own.

Public schools are secular, and the law prohibits religious instruction, but not the teaching of religion as part of a humanities curriculum.  Private schools may offer religious instruction.  Religious communities manage 114 educational institutions, including universities, primary and secondary schools, preschools, kindergartens, vocational schools, and orphanages.  By law, the Ministry of Education, Youth, and Sport must license these institutions, and nonreligious curricula must comply with national education standards.  Catholic, Muslim, and Orthodox groups operate numerous state-licensed kindergartens, schools, and universities.  Most of these do not have mandatory religion classes but offer them as an elective.  For instance, Beder University offers undergraduate and graduate programs in Islamic Studies.  The AIC runs six madrassahs that teach religion in addition to the state-sponsored curriculum.    

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

Government Practices

The Catholic, Sunni Muslim, Orthodox, and Bektashi communities reported their total government financial support remained at 109 million lek ($1.02 million), the same as in 2017 and the previous year.  The Sunni Muslim community continued to receive approximately 28 percent of the funding, while the remaining three each continued to receive 24 percent.  The communities continued to use the funds to cover part of the salaries for administrative and educational staff.  The Bektashi community, which had fewer staff members than the others, continued to use part of these funds for new places of worship.

The government implemented an April 2017 decision to subsidize the price of electricity and water for places of worship as a means of indirect financial support for religious communities.  Leaders of the five main religious communities confirmed they were paying a lower price for electricity and water.

The VUSH reported that, although there was still no formal written agreement with the government on receiving financial support, the State Committee on Cults provided a written commitment to extend financial support to evangelical Christian churches.  The Cults Committee stated it submitted VUSH’s request for financial support to the government.  The VUSH, the Orthodox Church, and the AIC expressed appreciation for the State Committee on Cults’ engagement with them.  The VUSH, however, also expressed concern that the government and some media outlets had shown indifference towards it in comparison with other faith communities.

The government continued the process of legalizing unofficial mosques, Catholic and Orthodox churches, and tekkes (Bektashi centers of worship) built during the 1990s.  The Agency for the Legalization, Urbanization, and Integration of Informal Construction (ALUIZNI) reported that from 2014 through September it legalized 330 religious buildings, including 104 Catholic churches, 153 mosques, and 47 tekkes.  The Orthodox Church reported ALUIZNI approved only two full and two partial legalizations out of the Church’s 23 requests.

The ATP acknowledged the slow pace in adjudicating claims, attributing it to the large volume of files – 551 cases – under review.  The ATP reported it rejected 17 claims during the year, which claimants may challenge in court.  The law grants 10 years to execute a compensation order from the ATP – awarding the property in dispute, monetary compensation, or different property – from the date the order is finalized.  In response to a Constitutional Court declaration that some provisions of the 2015 Law on Property were unconstitutional, the Council of Ministers issued two decisions during the year designed to break an impasse in reviewing claims.  ALUIZNI reported that, between 2012 and 2018, it compensated the Catholic Church, Orthodox Church, AIC, and Bektashi for land illegally occupied by builders.

The Orthodox Church reported the ATP had reviewed only 10 percent of the 890 properties for which the Church had submitted claims.  The Church expressed its concern about delayed court proceedings and said the State Advocate, an institution in the Ministry of Justice that provides government institutions with legal counsel and representation, appealed the few court rulings that favored the Church.

Bektashi leaders reported construction continued on two places of worship in Gjirokaster, three in Permet, and one in Elbasan.  The government reportedly legalized 31 tekkes during the year.  The Bektashi community said it continued to have problems with the local registration offices in Gjirokaster regarding one property, noting the registration process was slow, bureaucratic, and vulnerable to corruption.

The Bektashi stated the State Advocate unfairly challenged title over the course of several years for numerous properties that the Bektashi said they obtained through a court ruling.  The Bektashi community said it brought a complaint to the Ministry of Justice and Office of the Prime Minister, but had not received a response.

The AIC reported the unlawful expropriation of some of its land, citing corruption in the judiciary as the cause.  For example, the AIC claims it owned land near the Trade Chamber building in Tirana but said it was transferred in a corrupt judicial holding to another entity.  The other entity exchanged the land claimed by the AIC for two parking garages, further alienating title from the AIC.

VUSH members continued to report difficulties in acquiring land on which to construct places of worship due to local government tax assessments and regulations.  They said they continued to rent existing buildings instead.

The VUSH reported it continued to have problems registering its property with the local registration office in Korca, and the registration office in Tirana did not provide one of the VUSH’s organizations with a foundation blue print.  The VUSH filed a complaint challenging the Tirana refusal, but said the city had not responded by year’s end.

VUSH leaders stated the central government continued to exempt the organization from property taxes on its churches, but local authorities imposed fees they said were not taxes.  The VUSH continued to dispute the municipalities’ position.  The AIC paid the locally imposed fees for its entities located in Tirana.

Leaders of the five main religious groups expressed concern with a new, cross-thematic curriculum for teaching religion as part of the humanities curriculum for sixth and 10th grade students.  They stated they were concerned because they did not participate in the drafting, and the teachers slated to provide the instruction did not have training in theology.

As of year’s end, the Council of Ministers had not adopted regulations to implement a 2017 law providing additional protection for minority rights, including freedom of religion.

A State Committee on Cults census of religious organizations conducted during the year counted 611 groups, including 248 foundations, 323 religiously related NGOs, and 40 centers.  The AIC has one foundation, while the Orthodox Church has three.  The Catholic Church does have any associated NGOs, foundations, or centers, while the VUSH has 158.

In April Prime Minister Edi Rama warned in a speech that Russia was intent on radicalizing Muslims in the country and urged the European Union not “leave a space for other countries to fill.”  (The country is seeking EU accession.)  He criticized European politicians for stirring anti-Muslim sentiment.

On October 11, the Interreligious Council, established as a forum for leaders of the Catholic, Sunni Muslim, Orthodox, and Bektashi communities to discuss shared concerns, held its first meeting of the year.  It inducted the VUSH into the Council as its fifth member, named Archbishop Anastasios Yannoulatos (head of the Orthodox Church) as the council’s chairperson, and addressed various administrative matters.

In July the Orthodox Academy in Shen Vlash-Durres became part of Logos University, a private institution funded by the Orthodox Church.

In May an international conference on interfaith dialogue in Tirana discussed topics that included interreligious harmony as a factor of social stability and policies for managing religious diversity.

On October 25, the Polish government presented an award to the Interreligious Council for its efforts to encourage and preserve interfaith harmony.

Several religious authorities expressed concern about foreign influence and interference in religious organizations.

In meetings with the State Committee on Cults and the ATP, embassy officers continued to urge the government to accelerate its handling of religious property claims and to restore to religious groups their property confiscated during the communist era.  The embassy sponsored the participation of the commissioner on cults in an exchange program in the United States on interfaith dialogue and religious freedom.  The embassy also hosted a U.S. specialist who, during a three-week visit, met with members of religious communities and helped the Ministry of Education develop a national policy on, and draft the outline of a manual for, teaching about religion in public and private schools.

Embassy officials promoted religious tolerance in meetings with the Sunni Muslim, Bektashi, Catholic, Orthodox, and Protestant communities, and in visits to churches, mosques, and other religious sites.  The Ambassador hosted an iftar for Muslim youth from Tirana’s Lanabregas neighborhood to encourage the integration of and tolerance for the recently established Roma community; the Ambassador stressed the value of religious dialogue and tolerance during the event.

The embassy continued its youth education programs and work with religious communities to decrease the potential appeal of violent religious extremism.  As part of these programs, students at Islamic, Catholic, and Orthodox religious schools and students from public schools planned and carried out projects highlighting religious diversity and tolerance, focusing on youth activism and common civic values.  Other embassy-sponsored programs in Cerrik and Peqin helped establish “schools as community centers,” which promoted tolerance through partnerships with local schools, regional education directorates, municipalities, and law enforcement.  The Ambassador met with students from Catholic, Orthodox, and Muslim higher education institutions at Beder University and discussed advancing interfaith dialogue among youth.  The embassy continued to sponsor seminars with key religious figures and leaders in government and academia focused on the compatibility of religious faith and democracy.

The U.S. government estimates the total population at 41.7 million (July 2018 estimate), more than 99 percent of whom are Muslims following the Maliki school of Sunni Islam.  Religious groups together constituting less than 1 percent of the population include Christians, Jews, Ahmadi Muslims, Shia Muslims, and a community of Ibadi Muslims residing principally in the province of Ghardaia.  Some religious leaders estimate there are fewer than 200 Jews.

The Christian community includes Roman Catholics, Seventh-day Adventists, Methodists, members of the EPA, Lutherans, the Reformed Church, Anglicans, and an estimated 1,000 to 1,500 Egyptian Coptic Christians.  Religious leaders’ unofficial estimates of the number of Christians range from 20,000 to 200,000.  According to government officials, foreign residents make up the majority of the Christian population.  The proportion of students and immigrants without legal status from sub-Saharan Africa among the Christian population has also increased in recent years.  Christian leaders say citizens who are Christians predominantly belong to Protestant groups.

Christians reside mostly in the cities of Algiers, Bejaia, Tizi Ouzou, Annaba, and Oran, and the Kabylie region east of the capital.

Legal Framework

The constitution declares Islam to be the state religion and prohibits state institutions from engaging in behavior incompatible with Islamic values.  The constitution provides for freedom of worship in accordance with the law and states freedom of conscience and freedom of opinion are inviolable.

The law does not prohibit conversion from Islam, but proselytizing of Muslims by non-Muslims is a criminal offense.  The law prescribes a maximum punishment of one million dinars ($8,500) and five years’ imprisonment for anyone who “incites, constrains, or utilizes means of seduction intending to convert a Muslim to another religion; or by using to this end establishments of teaching, education, health, social, culture, training … or any financial means.”  Making, storing, or distributing printed documents or audiovisual materials with the intent of “shaking the faith” of a Muslim is also illegal and subject to the same penalties.

The law criminalizes “offending the Prophet Muhammad” or any other prophets.  The penal code provides a punishment of three to five years in prison and/or a fine of 50,000 to 100,000 dinars ($420 to $850) for denigrating the creed or prophets of Islam through writing, drawing, declaration, or any other means.  The law also criminalizes insults directed at any other religion, with the same penalties.

The law grants all individuals the right to practice their religion as long as they respect public order and regulations.

The constitution establishes a High Islamic Council and states the council shall encourage and promote ijtihad (the use of independent reasoning as a source of Islamic law for issues not precisely addressed in the Quran) and express opinions on religious questions presented for its review.  The president appoints the members of the council and oversees its work.  The constitution requires the council to submit regular reports to the president on its activities.  A presidential decree further defines the council’s mission as taking responsibility for all questions related to Islam, for correcting mistaken perceptions, and for promoting the true fundamentals of the religion and a correct understanding of it.  The council may issue fatwas at the request of the president.

The law requires any group, religious or otherwise, to register with the government as an association prior to conducting any activities.  The Ministry of Interior (MOI) grants association status to religious groups; only registered associations are officially recognized.  The MOI’s registration requirements for national-level associations stipulate the founding members must furnish documents proving their identities, addresses, and other biographic details; furnish police and judicial records to prove their good standing in society; show they have founding members residing in at least one quarter of the country’s provinces to prove the association merits national standing; submit the association’s constitution signed by its president; and submit documents indicating the location of its headquarters. The law requires the ministry to provide a receipt for the application once it has received all the required documentation and to give a response within 60 days of submission of the completed application.  The law states applicants are de facto approved if the ministry fails to make a decision within the 60-day limit.  The law grants the government full discretion in making registration decisions, but provides applicants an opportunity to appeal a denial to an administrative tribunal.  For associations seeking to register at the local or provincial level, application requirements are similar, but the association’s membership and sphere of activity is strictly limited to the area in which it registers.  An association registered at the wilaya (provincial) level is confined to that specific wilaya.

The Ministry of Religious Affairs (MRA) must approve registration applications of religious associations.  The law, however, does not specify additional requirements for religious associations or further specify the MRA’s role in the process.  Religious groups may appeal an MRA denial to an administrative tribunal.

The National Commission for Non-Muslim Religious Groups, a government entity, is responsible by law for facilitating the registration process for all non-Muslim groups.  The MRA presides over the commission, composed of senior representatives of the Ministries of National Defense, Interior, and Foreign Affairs, the presidency, national police, national gendarmerie, and the governmental National Human Rights Committee (CNDH).  Representatives from Catholic and Protestant churches have not met or communicated with this Commission and believe it rarely meets.

The CNDH monitors and evaluates human rights issues, including matters related to religious freedom.  The law authorizes the agency to conduct investigations of alleged abuses, issue opinions and recommendations, conduct awareness campaigns, and work with other government authorities to address human rights issues.  The agency may address concerns of individuals and groups that believe they are not being treated fairly by the MRA.  The CNDH does not have the authority to enforce its decisions but may refer matters to the relevant administrative or criminal court.  It submits an annual report to the president, who appoints the agency’s members.

The law specifies the manner and conditions under which religious services, Muslim or otherwise, may take place.  The law states religious demonstrations are subject to regulation and the government may shut down any religious service, taking place in private homes or in outdoor settings without official approval.  With the exception of daily prayers, which are permissible anywhere, Islamic services may take place only in state-sanctioned mosques.  Friday prayers are further limited to certain specified mosques.  Non-Islamic religious services must take place only in buildings registered with the state for the exclusive purpose of religious practice, run by a registered religious association, open to the public, and marked as such on the exterior.  A request for permission to observe special non-Muslim religious events must be submitted to the relevant wali (governor) at least five days before the event, and the event must occur in buildings accessible to the public.  Requests must include information on three principal organizers of the event, its purpose, the number of attendees anticipated, a schedule of events, and its planned location.  The organizers also must obtain a permit from the wali.  The wali may request the organizers to move the location of an event or deny permission for it to take place if he deems it would be a danger to public order or harm “national constants,” “good mores,” or symbols of the revolution.  If unauthorized meetings go forward without approval, participants are subject to dispersal by the police.  Failure to disperse at the behest of the police may result in arrest and a prison term of two to 12 months under the penal code.

The penal code states only government-authorized imams, whom the state hires and trains, may lead prayers in mosques and penalizes anyone else who preaches in a mosque with a fine of up to 100,000 dinars ($850) and a prison sentence of one to three years.  Fines as high as 200,000 dinars ($1,700) and prison sentences of three to five years are stipulated for any person, including government-authorized imams, who acts “against the noble nature of the mosque” or in a manner “likely to offend public cohesion.”  The law states such acts include exploiting the mosque to achieve purely material or personal objectives or with a view to harming persons or groups.

By law, the MRA provides financial support to mosques and pays the salaries of imams and other religious personnel, as well as for health care and retirement benefits.  The law also provides for the payment of salaries and benefits to non-Muslim religious leaders who are citizens.  The Ministry of Labor regulates the amount of an individual imam’s or mosque employee’s pay, and likewise sets the salaries of citizen non-Muslim religious leaders based on their position within their individual churches.

The Ministries of Religious Affairs, Foreign Affairs, Interior, and Commerce must approve the importation of all religious texts, except those intended for personal use.

A 2017 decree established a commission within the MRA to review importation of the Quran.  Authorities generally consider “importation” to be approximately 20 or more religious texts or items.  This decree requires all applications to include a full copy of the text and other detailed information.  The ministry is given three to six months to review the text, with the absence of a response after that time constituting a rejection of the importation application.  A separate 2017 decree covering religious texts other than the Quran states, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.”  The importer must submit the text and other information, and the ministry must respond within 30 days.  A nonresponse after this period is considered a rejection.  Religious texts distributed without authorization may be seized and destroyed.

The law states the government must approve any modification of structures intended for non-Islamic collective worship.

Under the law, children born to a Muslim father are considered Muslim regardless of the mother’s religion.

The Ministries of National Education and Religious Affairs require, regulate, and fund the study of Islam in public schools.  Religious education focuses on Islamic studies but includes information on Christianity and Judaism and is mandatory at the primary and secondary school levels.  The Ministry of National Education requires private schools to adhere to curricula in line with national standards, particularly regarding the teaching of Islam, or risk being closed.

The law states discrimination based on religion is prohibited and guarantees state protection for non-Muslims and for the “toleration and respect of different religions.”  It does not prescribe penalties for religious discrimination.

The constitution prohibits non-Muslims from running for the presidency.  Non-Muslims may hold other public offices and work within the government.

The government does not register religious affiliations of the citizenry and does not print religious affiliations on documents such as national identification cards.

The family code prohibits Muslim women from marrying non-Muslim men unless the man converts to Islam.  The code does not prohibit Muslim men from marrying non-Muslim women.

By law, individuals who have converted from Islam to another religion are ineligible to receive an inheritance via succession.

The law prohibits religious associations from receiving funding from political parties or foreign entities.  The constitution prohibits the establishment of political parties based on religion.

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

Government Practices

In May authorities prosecuted 26 Ahmadi Muslims in Bejaia for insulting the precepts of Islam, operating an association without approval, and collecting money without authorization.  Their case went to trial in June.  The court acquitted three persons, sentenced a married couple in absentia to six months in prison, and sentenced the remaining individuals to three months in prison.

The government continued to enforce the ban on proselytizing by non-Muslim groups.  According to media reports, authorities arrested, jailed, and fined several Christians on charges of proselytizing by non-Muslims, which prompted churches to restrict some activities not related to proselytizing, such as the distribution of religious literature and holding of events in the local community Muslims might attend.  According to media reports, authorities charged five Christians from Bouira Province, three of whom belong to the same family, with “inciting a Muslim to change his religion” and “performing religious worship in an unauthorized place.”  On December 25, a judge at the court of Bouira acquitted the five individuals.

In March a court in Tiaret convicted two Christian brothers on proselytism charges for carrying more than 50 Bibles in their car.  Prosecutors said the accused planned to use the Bibles for proselytism, while the brothers said they were for church use only.  The court upheld the proselytism charges and fined each man 100,000 dinars ($850).

In May a court convicted a church leader and another Christian of proselytizing for transporting Bibles.  The court fined each individual 100,000 dinars ($850) and sentenced each to three months in prison.

In July a court in Dar El-Beyda dropped all charges against Idir Hamdad, a man arrested in April 2016 at the Algiers airport for carrying a Bible and several religious artifacts including crucifixes, scarves, and keyrings.  The court originally sentenced Hamdad in absentia in September 2017 to six months in prison and fined him 20,000 dinars ($170) on charges of importing unlicensed goods.  On May 3, following his lawyer’s appeal, the court overturned the prison sentence but upheld the fine.  On July 9, the prosecutor appealed, asking for a harsher sentence, but the court dropped all charges against Hamdad.  In its verdict, the court found that Hamdad was prosecuted “simply because he converted to Christianity, and what he was carrying was only gifts.”

Throughout the year, the government conducted investigations of at least 85 Ahmadi Muslims, according to leaders of the Ahmadi community.  Charges included operating an unregistered religious association, collecting funds without authorization, and holding prayers in unauthorized locations.  There were reports of police confiscating passports and educational diplomas from the Ahmadis, and pressuring employers to put Ahmadi workers on administrative leave.  Some of those investigated during the year were placed in pretrial detention, put on trial, and given prison sentences of up to six months.  Others appealed charges and court decisions, were placed under house arrest, or were freed after pretrial detention or serving a prison sentence.  As of December no Ahmadi Muslims were in prison.

Between November 2017 and December 2018, according to the president of the EPA, the government closed eight churches and a nursery associated with the EPA for operating without government authorization, illegally printing evangelical publications, and failing to meet building safety codes.  In June authorities reopened three churches in Oran, Ain Turk, and El Ayaida they had closed between November 2017 and February 2018.  As of the end of the year, three churches affiliated with the EPA in Bejaia and one non-EPA church in Tizi Ouzo remain closed.  Media reported that on December 4, in Oran, the provincial government cancelled the closure of a Christian bookshop associated with the nursery.  The bookshop owner, Pastor Rachid Seighir, was not compensated for the losses incurred since authorities ordered the shop’s closure in November 2017.

The UN Human Rights Committee in July adopted a report including the following language:  “the Committee remains concerned by reports of closures of churches and evangelical institutions and various restrictions on worship by Ahmadi persons.  It also expresses concern regarding allegations of attacks, acts of intimidation and arrests targeting persons who do not fast during Ramadan…”

A lawyer for the Ahmadi community said judges and prosecutors on several occasions questioned Ahmadi defendants in court about their religious beliefs and theological differences with Sunni Islam.  Members of the Ahmadi community said government officials tried to persuade them to recant their beliefs while they were in custody.

In April Slimane Bouhafs, a Christian convert, was released after spending 18 months in prison for posting statements in 2016 on his Facebook page deemed insulting to the Prophet Muhammad.  In July 2017, authorities commuted his sentence as part of a presidential amnesty.  A court originally sentenced Bouhafs to five years in prison plus a 100,000 dinar ($850) fine; authorities later reduced that sentence to three years.

In May a court in Tiaret upheld a verdict against Noureddine Belabbes and another Christian, who previously had been found guilty of proselytizing and fined 100,000 dinars ($850) and legal expenses after their arrest in 2015 for transporting Bibles.  Authorities originally sentenced Belabbes and his colleague in 2017 to two years in prison and a 50,000 dinar ($420) fine, but after a March appeal, the judge overturned the prison sentences and instead gave them suspended prison sentences of three months each and doubled the fines.  Belabbes stated that he would not appeal the judgment.

MRA officials said the government did not regularly prescreen and approve sermons before imams delivered them during Friday prayers.  They also stated the government sometimes provided preapproved sermon topics for Friday prayers to address the public’s concerns following major events, such as a cholera outbreak in August and a June corruption scandal, or to encourage civic participation through activities such as voting in elections.  The MRA said it did not punish imams who failed to discuss the suggested sermon topics.

The government monitored the sermons delivered in mosques.  According to MRA officials, if a ministry inspector suspected an imam’s sermon was inappropriate, particularly if it supported violent extremism, the inspector had the authority to summon the imam to a “scientific council” composed of Islamic law scholars and other imams who assessed the sermon’s correctness.  The government could decide to relieve an imam of duty if he was summoned multiple times.  The government also monitored activities in mosques for possible security-related offenses, such as recruitment by extremist groups, and prohibited the use of mosques as public meeting places outside of regular prayer hours.

According to the MOI, although religious associations were de facto registered if the ministry did not reject their applications within 60 days of submission, the 60-day clock did not begin until the ministry considered the application complete and had issued a receipt to that effect.  Nongovernmental organizations and religious leaders said the MOI routinely failed to provide them with a receipt proving they had submitted a completed registration application.  Ahmadis reported their request to meet with Minister of Religious Affairs Mohamed Aissa or another senior ministry official to discuss their registration concerns had not received a government response.

The Ahmadi community reported administrative difficulties and harassment since they are not a registered association and are unable to meet and collect donations.  Members of the Ahmadi community said they tried to register with the MRA and Ministry of Interior (MOI) as a Muslim group but the government rejected their applications because it regards Ahmadis as non-Muslims.  The government said it would approve the community’s registration as non-Muslims, but the Ahmadis refused to file as anything but Muslims.

In accordance with the 2012 Associations Law that all organizations needed to reregister with the government, several religious groups registered under the previous law continued to try to reregister with the government.  The EPA and the Seventh-day Adventist Church submitted paperwork to renew their registrations in 2014 but as of year’s end had still not received a response from the MOI.

Some religious groups stated they functioned as registered 60 days after having submitted their application, even though they had not received an MOI confirmation.  Such groups stated, however, that service providers, such as utilities and banks, refused to provide services without proof of registration.  As a result, these groups faced the same administrative obstacles as unregistered associations and also had limited standing to pursue legal complaints and could not engage in charitable activities, which required bank accounts.

Most Christian leaders stated they had no contact with the National Commission for Non-Muslim Religious Groups, despite its legal mandate to work with them on registration, since its establishment in 2006.  Other MRA officials, however, met regularly with Christian leaders to hear their views, including complaints about the registration process.  Christian leaders stated some Protestant groups continued to avoid applying for recognition and instead operated discreetly because they lacked confidence in the registration process.

Some Christian citizens said they continued to use homes or businesses as “house churches” due to government delays in issuing the necessary legal authorizations.  Other Christian groups, particularly in the Kabylie region, reportedly held worship services more discreetly.  There were no reports of the government shutting down house churches during the year.

According to the MRA, the government continued to allow government employees to wear religious clothing including the hijab, crosses, and the niqab.  Authorities continued to instruct some female government employees, such as security force members, not to wear head and face coverings they said could complicate the performance of their official duties.

The government did not grant any permits for the importation of Christian religious texts during the year, and at least one request remained pending from 2017.  Representatives of the EPA stated they had been waiting more than a year for a new import authorization; the last such authorization was in October 2016.  Non-Islamic religious texts, music, and video media continued to be available on the informal market, and stores and vendors in the capital sold Bibles in several languages, including Arabic, French, and Tamazight.  The government enforced its prohibition on dissemination of any literature portraying violence as a legitimate precept of Islam.

Christian leaders said courts were sometimes biased against non-Muslims in family law cases, such as divorce or custody proceedings.

According to religious community leaders, the government did not always enforce the family code prohibition against Muslim women marrying non-Muslim men.

In August a local Muslim man applied to a court in Tebessa to marry a Belgian Christian woman.  The court rejected his request because the woman “is Christian and does not embrace Islam.”

Sources stated that Christian leaders were able to visit Christians in prison, regardless of the nature of their imprisonment.

Church groups reported the government did not respond in a timely fashion to their requests for visas for religious workers and visiting scholars and speakers, resulting in an increase in de facto visa refusals.  One Christian leader said the government did not grant or refused 50 percent of visas requested for Catholic Church workers.  As of the end of the year, three members of the Catholic Church had been waiting a year for visas.  Catholic and Protestant groups continued to identify the delays as a significant hindrance to religious practice.  One religious leader identified lack of visa issuances as a major impediment to maintaining contact with the church’s international organization.  Higher-level intervention with officials responsible for visa issuance by senior MRA and Ministry of Foreign Affairs officials at the request of religious groups sometimes resulted in the issuance of long-term visas, according to those groups.

The government, along with local private contributors, continued to fund mosque construction.  The government and public and private companies also funded the preservation of some churches, particularly those of historical importance.  The province of Oran, for example, continued to work in partnership with local donors on an extensive renovation of Notre Dame de Santa Cruz as part of its cultural patrimony.

Government-owned radio stations continued to broadcast Christmas and Easter services in French, although many Christians said they would prefer services be broadcast in Arabic or Tamazight.  The country’s efforts to stem religious extremism include dedicated state-run religious TV and radio channels and messages of moderation integrated into mainstream media.

Both private and state-run media produced reports throughout the year examining what they said were foreign ties and dangers of religious groups such as Shia Muslims, Ahmadi Muslims, and Salafists.

Government officials continued to invite leading Christian and Jewish citizens to events celebrating national occasions.  President Abdelaziz Bouteflika invited Christian and Jewish community representatives to the November 1 parade to commemorate the beginning of the revolution, according them the same status as Muslim, cultural, and national figures.

Senior government officials continued to publicly condemn acts of violence committed in the name of Islam by nonstate actors and urged all members of society to reject extremist behavior.

Government officials regularly made statements about the need for tolerance of non-Islamic religious groups.  In May imams, representatives from the Ministry of Religious Affairs, and municipal officials participated in an interfaith event at a Catholic church in Algiers on the significance of the Virgin Mary in Islam and Christianity.  The same group attended an exhibition on the 99 names of Allah at a Catholic church during Ramadan.

In December a cardinal of the Catholic Church beatified 19 Catholics killed during Algeria’s civil war at a ceremony in Oran.  Algerian authorities facilitated the beatification process by providing transportation, security, and visas to members of the Catholic Church who attended the ceremony.

In January unknown individuals hoping to regain control of mosques they reportedly considered too liberal physically killed two imams in the cities of Skikda and Tadjena, respectively.  The attacks took place during weekly committee meetings to manage the mosques’ space and affairs.  After the attacks, Minister of Religious Affairs Mohamed Aissa filed a complaint and started an investigation of those who attacked the imams.  As of the end of the year, the government had not released updates or results of the investigation to the public.

In June Minister of Religious Affairs Mohamed Aissa said, “It is no secret that radicals are constantly trying to seize the mosques of the republic and influence the mosques’ messages.  These individuals managed to infiltrate groups that seemed pacifist.  They are the cause of the death of two imams; they hurt and insulted dozens of others who did not share their ideologies.”  In July Aissa froze the weekly mosque management committee meetings because he reportedly felt extremist individuals would try to direct the mosques via these committee meetings.  He said these events were reminiscent of the 1990s when the now-banned Islamic Salvation Front forcibly seized control of mosques to spread its extremist ideology.

In October unknown individuals stabbed an imam in a mosque before dawn prayer near the city of Laghouat.  Mosque attendees found the imam and called emergency services, which declared the imam dead.  At year’s end, the government was conducting an investigation to find the individuals responsible.

Media reported a group of young people desecrated more than 31 Christian graves in the British Military La Reunion War Cemetery in Oued Ghir, Bejaia in September, smashing tombstones and ransacking the graves.  A few weeks earlier, unknown individuals vandalized another Christian cemetery in Ain M’lila.  Authorities stated they believed Islamic extremists were responsible for the vandalism but no news of those responsible had been released by year’s end.

Christian leaders said when Christian converts died family members sometimes buried them according to Islamic rites, and their churches had no standing to intervene on their behalf.  Christian groups reported some villages continued not to permit Christians to be buried alongside Muslims.

Several Christian leaders reported instances in which citizens who converted, or who expressed interest in learning more about Christianity, were assaulted by family members, or otherwise pressured to recant their conversions.

Some Christian converts reported they and others in their communities continued to keep a low profile due to concern for their personal safety and the potential for legal, familial, career, and social problems.  Other converts practiced their new religion openly, according to members of the Christian community.

Media outlets reported in August hundreds of imams had lodged complaints in recent years after suffering violent attacks.  MRA officials said extremists who opposed the imams’ moderate teachings carried out the attacks, while others were related to interpersonal disputes.  The government said it would take additional steps to protect imams such as stationing security forces near mosques to deter future attacks and providing more support for local authorities to investigate and prosecute such cases.

The media criticized religious communities it portrayed as “sects” or “deviations” from Islam or as “foreign,” such as Ahmadi Muslims and Shia Muslims.  Some who openly engaged in any religious practice other than Sunni Islam reported that family, neighbors, or others criticized their religious practice, harassed them to convert, and occasionally insinuated they could be in danger because of their choice.

Christian leaders continued to state they had good relations with Muslims in their communities, with only isolated incidents of vandalism or harassment.

The Ambassador and other embassy officers met with government officials from the Ministries of Foreign Affairs, Interior, Justice, and Religious Affairs to discuss the difficulties Ahmadi and Shia Muslims, Christian, and other minority religious groups faced in registering as associations, importing religious materials, and obtaining visas.

The Ambassador and other embassy officers met throughout the year with government-affiliated and independent religious leaders and with representatives of Muslim and Christian communities to discuss interreligious dialogue and tolerance, and in the case of religious minorities, their rights, and status.

The embassy discussed the practice of religion, its intersection with politics, religious tolerance, and the religious and political roles of women with religious and political leaders, as well as with the Muslim Scholars Association and High Islamic Council.  Visiting officials from the U.S. Department of State regularly raised religious freedom issues in meetings with civil society and government officials.

The Ambassador and other embassy staff hosted several dinners and receptions featuring discussions emphasizing the theme of religious tolerance.  The embassy regularly posted social media content promoting religious freedom, including examples of religious pluralism in the United States.  Embassy staff and embassy-sponsored U.S. speakers addressed the themes of pluralism and religious tolerance in discussions with civil society, youth, and organizations representing a cross-section of citizens.

In April the embassy facilitated the first part of a bilateral exchange program focusing on religion.  The embassy hosted a delegation of nine Americans – a university program officer, one imam, six community and religious leaders, and the executive director of a think tank – for a ten-day tour focused on promoting people-to-people religious ties.  The Ministry of Religious Affairs facilitated the delegation’s visit to six cities – Algiers, Constantine, Oran, Biskra, Tlemcen, and Maskara – where the delegation met with a range of imams, community leaders, and ministry officials to discuss the role of religion in countering extremist narratives and religious communities in the United States.  The second portion of the exchange program is scheduled to take place in 2019 and involve imams visiting the United States to learn about religion and share their experiences.

The U.S. government estimates the total population at 86,000 (July 2018 estimate).  The local government does not provide statistics on the size of religious groups, and there is no census data on religious group membership.  The population is predominantly Roman Catholic.  Muslim leaders estimate their community has 1,500 members.  The Muslim community, of which the large majority is composed of recent immigrants, has grown in recent years.  The Jewish community reports it has approximately 100 members.  Other small religious groups include Hindus, Anglicans, Seventh-day Adventists, Baha’is, the Family Federation for World Peace and Unification (Unification Church), the New Apostolic Church, The Church of Jesus Christ of Latter-day Saints, and Jehovah’s Witnesses.

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.

Officials from the U.S. Consulate General in Barcelona reiterated the importance of religious tolerance in meetings with the Ministry of Foreign Affairs.  Consulate general staff discussed continued concerns about the lack of cemeteries for the Jewish and Muslim communities with senior Ministry of Foreign Affairs and Ministry of Interior and Justice officials.

Consulate general officials discussed with representatives of the Jewish and Muslim communities issues including the lack of legal status for religious groups other than the Catholic Church, the implications of regulations requiring individuals to remove head coverings for official identity documents, and the lack of cemeteries for the Jewish and Muslim communities.

The U.S. government estimates the total population at 30.4 million (July 2018 estimate).  According to the 2014 national census, approximately 41 percent of the population is Roman Catholic and 38 percent Protestant.  Individuals not associated with any religious group constitute 12 percent of the population.  The remaining 10 percent is composed of animists, Muslims, Jews, Baha’is, and other religious groups.  While the 2014 census reported there were an estimated 103,000 Muslims in the country, one leader of a Muslim organization stated there could be as many as 800,000, including an unknown number of Muslim migrants mainly from North and West African countries.  There are approximately 350 Jews, primarily foreign residents.

Legal Framework

The constitution defines the state as secular and prohibits religious discrimination.  The constitution requires the state to protect churches and religious groups as long as they comply with the law.  The constitution provides for freedom of conscience, religious belief, and worship, and recognizes the right of religious groups to organize and carry out their activities as long as they adhere to the law.  The constitution permits conscientious objection for religious reasons, prohibits questioning individuals about their religious beliefs for reasons other than anonymous statistical purposes, and specifies religious rights may not be suspended even if the state declares a state of war, siege, or emergency.  It recognizes the right of prisoners to receive visits from, and correspond with, religious counselors.  The law establishes that conscientious objectors may perform civilian service as an alternative to military service.

The 2004 religious freedom law requires religious groups to register for legal recognition from the state.  Legal recognition gives religious groups the ability to purchase property collectively and use their property to hold religious events, exempts them from paying certain property taxes, and authorizes a group to be treated as an incorporated entity in the court system.  To apply for government recognition, a religious group must collect 100,000 member signatures from legal residents in at least 12 of the 18 provinces and submit them to the MJHR.  The law also requires religious groups to submit documents defining their organizational structure, methods of worship, leadership, the amount of time the group has operated in the country, and that their doctrine be in accordance with principles and rights in the constitution.

On October 16, the government issued a joint executive decree mandating all unregistered religious groups submit the necessary registration documents or cease operations by November 4.  The joint decree superseded a 2015 MJHR circular that established four ecumenical associations and required all unrecognized religious group to incorporate within one of the ecumenical associations in order to operate.

While the MJHR is responsible for registration and recognition of religious groups, oversight of religious organizations is the responsibility of the Ministry of Culture through its National Institute for Religious Affairs.

Religious instruction is not a component of the public educational system.  Private schools are allowed to teach religion.

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

Government Practices

On October 16, a joint executive decree revoked the 2015 MJHR circular, thereby abolishing the ecumenical associations and mandating all unregistered religious groups to submit within 30 days individual requests for recognition or cease operations.  The government began closing churches in November after the 30-day period came to an end.  At year’s end, the government reported it had closed more than 900 houses of worship, including eight mosques.  By year’s end, 94 unregistered religious groups submitted their files for recognition.  The number of officially recognized religious groups remained at 81.  At year’s end, the government had not recognized any new religious groups.

Government officials at the highest levels continued to state concern about the proliferation of religious “sects,” some of which were alleged to have exploited vulnerable populations with limited financial means by requiring them to provide recurring payments or dues to worship or belong to these organizations.  In President Lourenco’s address to parliament on October 15, he reaffirmed the government’s commitment to respect freedom of religion, but stressed the government would not tolerate churches that operate solely as for-profit businesses and prey on poor and vulnerable segments of the population.

The government continued not to recognize any Muslim groups officially or issue any licenses to Muslim groups to practice their religion legally.  The Muslim community requested official recognition of its groups but was unable to meet the requirements of the 2004 law, including having 100,000 legal members and a religious doctrine aligned with the country’s constitution.  In the past, government officials had stated some practices allowed by Islam, such as polygamy, contradicted the constitution.  The Islamic Community of Angola (COIA) as well the Islamic Foundation of Angola (FIA) requested official recognition following the October 16 joint executive decree.  According to COIA, there were 69 unregistered mosques in the country.

The Baha’i Faith and the Global Messianic Church remained the only two non-Christian organizations legally registered prior to the 2004 law.

On November 6, the government launched the nationwide Operation Rescue law enforcement campaign to combat criminality, including the operation of unlicensed religious groups.

Some religious leaders, civil society members, and media outlets continued to accuse the government of trying to coerce religious groups to align themselves with the ruling party in exchange for authorization to operate freely.

On December 1, there was a protest in Luanda against the closing of churches under Operation Rescue organized by the Order of Evangelical Pastors of Angola (OPEA).  OPEA stated the government’s closure of churches violated freedom of religion and involved the use of excessive force and coercive power.  OPEA also said police engaged in violence against pastors, some of whom police arbitrarily detained, and violated the sanctity of their churches.  The leader of COIA said Operation Rescue violated the exercise of freedom of religion because eight mosques were closed despite the fact that COIA submitted registration documentation by November 4, in accordance with the new joint executive decree.  Pastors in Lubango from the Church of the Christian Coalition in Angola and Christian Vision Church criticized the government’s failure to consult religious leaders before abolishing the ecumenical associations.

On July 24, the Huambo Provincial Court tried and convicted 32-year-old Justino Tchipango, deputy leader of the Light of the World religious group, and sentenced him to 18 years in prison for the killing of nine police officers during clashes in 2015 between law enforcement and followers of the religious group in Mount Sumi, Huambo Province.

The leader of the Light of the World religious group, Jose Kalupeteka, sentenced to 28 years in prison in 2016 by the Huambo Provincial Court for the killing of nine police officers, appealed to the Supreme Court, but there was no decision on the appeal at year’s end.  On December 18, authorities transferred Kalupeteka from prison in Benguela to his native province of Huambo at the request of his family, which along with civil society had requested the transfer since his sentencing.  Civil society groups maintained Kalupeteka’s trial and conviction were politically motivated and called on the government to open an independent investigation during the year.

On July 30, the Supreme Court invalidated a 2015 decree issued by the Ministry of Justice and Human Rights recognizing the Church of Our Lord Jesus Christ in the World as the only legitimate Tocoist church in the country.  The court ruled it is not the role of the MJHR to unify the different religious denominations in the country, but rather only to ensure religious groups obey the law.

On January 8, President Lourenco announced the government would allow Catholic radio station Ecclesia to extend its signal beyond Luanda Province to other provinces.  Radio Ecclesia submitted a request to operate nationwide in 2009, but the previous government never approved the request.  During the year, Radio Ecclesia began to operate in several additional provinces.

Some leaders of legally recognized religious organizations continued to criticize the proliferation of smaller, unrecognized religious groups, while they also acknowledged the need for greater religious understanding and interfaith dialogue.

Leaders of unrecognized churches criticized the October joint executive decree for terminating the ecumenical associations, shutting down places of worship, and detention of members of those congregations during Operation Rescue.

Journalists and human rights organizations criticized the conviction of four young Muslims in 2017 on terrorism charges and the 2016 murder conviction of Jose Kalupeteka, leader of the Light of the World religious group, arguing that in both cases the trials were politically motivated and marred by religious bias.  Activists urged the government to reopen the cases.

Throughout the year the embassy raised religious freedom issues with government officials, including long-pending registration applications and the drafting of the new religious freedom law.

Embassy officials met with religious leaders and civil society representatives to discuss religious freedom issues and expanded outreach to religious communities.  Embassy officials met with representatives of the Christian, Muslim, and Jewish communities and civil society, and discussed their reaction to the government’s stated concerns about the proliferation of churches.  They also discussed the status of pending recognitions, the proposed law on religion freedom, efforts to promote increased interfaith dialogue, and the impact of Operation Rescue on religious groups.  In August embassy officials attended a celebration of Eid al-Adha at a Luanda mosque, at the invitation of COIA.  At the invitation of the Tocoist church, the Ambassador attended a ceremony at the Tocoist church.  Embassy officers discussed religious freedom issues with representatives of multiple religious groups and organizations, including the Congregation of Christian Churches in Angola, Tocoists, the Order of Angolan Evangelical Pastors, Jesuit Refugee Services, MOSAIKO (a Catholic-based organization), Norwegian Church Aid, COIA, FIA, Chabad of Angola, and Radio Ecclesia, among others.

The U.S. government estimates the total population at 96,000 (July 2018 estimate).  According to the 2011 census, 17.6 percent of the population is Anglican, 12.4 percent Seventh-day Adventist, 12.2 percent Pentecostal, 8.3 percent Moravian, 8.2 percent Roman Catholic, and 5.6 percent Methodist.  Those with unspecified or no religious beliefs account for 5.5 percent and 5.9 percent of the population, respectively.  Members of the Baptist Church, the Church of God, and the Wesleyan Holiness Consortium each account for less than 5 percent.  The census categorizes an additional 12.2 percent of the population as belonging to other religious groups, including Rastafarians, Muslims, Hindus, and Baha’is, without providing percentages for each group.  According to anecdotal information, these four religious groups are listed from largest to smallest.

Legal Framework

The constitution provides for freedom of worship as well as the right to change and practice the religion of one’s choosing.  The constitution protects individuals from taking oaths contradictory to their beliefs or participating in events and activities of religions not their own, including participating in or receiving unwanted religious education.  These rights may be limited in the interests of defense or public safety, order, morality, or health, or to protect the rights of others, unless actions under such limitations can be shown “not to be reasonably justifiable in a democratic society.”  The constitution prohibits members of the clergy from running for elected office.  No law may be adopted that contradicts these constitutional provisions.  The government does not enforce a law outlawing blasphemous language in a public place or any other place that would “cause annoyance to the public.”

The government does not require religious groups to register; however, to receive tax and duty-free concessions and to own, build, or renovate property, religious groups must register with the government.  To register, religious groups must fill out an online tax form that describes the group’s activities.  The government uses this form to determine the group’s tax status.  The Inland Revenue Department reviews and approves the completed form, usually granting registration and tax concessions.

The law prohibits religious instruction in public schools.  Private schools may provide religious instruction.  Public schools require parents to immunize their children to attend school.  Some private schools do not require immunizations for their students.  The law also permits home schooling.

The government passed a law decriminalizing marijuana for any kind of use in March.

Occupational health regulations require individuals with dreadlocks to cover their hair when they work with food, hazardous equipment, or in the health sector.  These regulations apply to both public- and private-sector workplaces.

The country is not a party to the International Covenant on Civil and Political Rights.

Government Practices

Following marijuana decriminalization, the government publicly apologized to the Rastafarian community for previous discrimination.  The Rastafarian community had argued against previous prohibition of marijuana, stating it was a restriction to their religious practice and that marijuana was integral to the community’s religious rituals.  In the wake of decriminalization, Rastafarian leaders said publicly the government had taken steps to recognize the dignity and worth of the Rastafarian community.

Public schools generally continued to require children be vaccinated, which Rastafarians stated was against their religious beliefs; however, some private schools offered exemptions to this policy.  Some Rastafarian children attended private schools not requiring immunizations.  While the government generally does not provide subsidies to private schools, during the year it helped the Rastafarian community establish schools for its children and started subsidizing private Rastafarian-run schools not requiring vaccinations for school entry, including paying salaries for some teachers.  Other Rastafarians chose to home school their children.

There were no reports of significant societal actions affecting religious freedom.

U.S. embassy officials engaged government officials from the Office of the Attorney General and the Ministry of Legal Affairs, as well as police leadership, to emphasize the importance of respect for religious diversity and equal treatment under the law.

Embassy officials also met with civil society representatives, including the International Committee of the Red Cross and the Christian Council, to discuss religious freedom issues, including the importance of freedom of religious expression and discrimination based on religion.

According to 2011 census information from the Turkish Cypriot authorities, which was the most recent data available, the population of the area administered by Turkish Cypriots is 286,000.  The census contains no data on religious affiliation.  Sociologists estimate as much as 97 percent of the population is Sunni Muslim, of whom 500 are members of the Naqshbandi Sufi order.  According to the Alevi Culture Association, an estimated 10,000 immigrants of Turkish, Kurdish, and Arab origin and their descendants are Alevi Muslims.  The TSPA estimates there are 1,000 Turkish-speaking Protestants.  The government of the Republic of Cyprus estimated 320 members of the Church of Cyprus and 73 Maronite Catholics resided in the area administered by Turkish Cypriots.  According to sociologists, other groups include Russian Orthodox, Anglicans, Baha’is, Jews, and Jehovah’s Witnesses.  According to “Ministry of Education (MOE)” statistics for the 2016-17 academic year, there were slightly more than 90,000 foreign students enrolled at universities in the area administered by the Turkish Cypriots.  Of these, 61 percent were Muslim Turks, and the rest were predominantly Christians and Muslims from more than 140 different countries.

Legal Framework

The Turkish Cypriot “constitution” states the territory is a “secular republic” and provides for freedom of conscience and religious faith and unrestricted worship and religious ceremonies, provided they do not contravene public order or morals.  It prohibits forced prayer, forced attendance at religious services, condemnation based on religious beliefs, and compelling individuals to disclose their religious beliefs.  It stipulates religious education may only be conducted under “state” supervision.  In November 2017, “parliament” amended the “law” to allow summer religious knowledge courses to be taught in mosques without “MOE” approval.  The “law” does not recognize any specific religion, and individuals cannot “exploit or abuse” religion to establish, even partially, a “state” based on religious precepts or for political or personal gain.  The Vakf has the exclusive right to regulate and administer its internal affairs and property in accordance with Vakf laws and principles.  Although the “constitution” states the Vakf shall be exempt from all taxation, its commercial operations are subject to applicable taxes.  According to the “constitution,” the Turkish Cypriot authorities shall help the Vakf in the execution of Islamic religious services and in meeting the expenses of such services.  No other religious organization is tax exempt or receives subsidies from Turkish Cypriot authorities.

The 1975 Vienna III Agreement covers the treatment of Greek Cypriots and Maronite Catholics living in the area administered by Turkish Cypriots and the treatment of Turkish Cypriots living in the government-controlled area.  Among other provisions, the agreement provides for facilities for religious worship for Greek Cypriots, stating they are free to stay and “will be given every help to lead a normal life, including facilities for education and for the practice of their religion.”

Turkish Cypriot “regulations” stipulate Greek Orthodox residents may conduct liturgies or masses led by two priests designated by the Orthodox Church at three designated functional churches in the Karpas Peninsula Maronite residents may hold liturgies or masses led by Maronite-designated clergy without seeking permission at three designated functional Maronite churches:  Agios Georgios Church in Kormakitis/Korucam, Timios Stavros Church in Karpasia/Karpasa, and Panagia Church in Kampyli/Hisarkoy.  A Maronite representative, however, said Turkish Cypriot authorities allowed services at Panagia Church without prior permission only on August 15.

Greek Orthodox, Maronite Catholic, and Armenian Orthodox worshippers must submit applications to the authorities for permission to hold religious services at churches or monasteries other than these six designated churches.  For the authorities to consider an application the date should be of significance to that religious group; the church or monastery must be structurally sound; it must not be located in a military zone; and it must not have a dual use, for example, as a museum.  Permission is also necessary for priests other than those officially predesignated to conduct services.  Specific permission is required for Cypriots who do not reside in the Turkish Cypriot-administered area, such as members of the Greek Orthodox, Maronite Catholic, and Armenian Orthodox Churches, to participate.  UNFICYP coordinates these applications, which religious groups must submit 10 days before the date of the requested service.

The “Religious Affairs Department” represents Islam in the area administered by Turkish Cypriots.  Whereas the Vakf manages Muslim-donated land as an endowment for charitable purposes, the “Religious Affairs Department” oversees how imams conduct prayers and deliver sermons in mosques.

Religious groups are not required to register with authorities as associations in order to assemble or worship, but only associations registered with the “Ministry of Interior (MOI)” have the right to engage in commercial activity and maintain bank accounts.  Religious groups and nonreligious groups have the same registration process and are required to submit the founders’ names and photocopies of their identification cards to the “MOI,” along with a copy of the association’s rules and regulations.  Associations do not receive tax-exempt status or any “government” benefits or subsidies.  Religious groups are not permitted to register as associations if the stated purpose of the association is to provide religious education to their members.

There is mandatory religious instruction in grades four through eight in all schools, public and private.  These classes focus primarily on Sunni Islam but also include sessions on comparative religion.  The “MOE” chooses the curriculum, which is based on a textbook commissioned by the Ministry of Education in Turkey.  In September the “MOE” announced it would allow students to opt out of mandatory religion courses in grades six through eight, in response to a 2017 report by the “ombudsman.”  At the high school level, religion classes are optional.

There are no provisions or “laws” allowing conscientious objection to mandatory military service, which requires a 12-15-month initial service period and one-day annual reserve duty.

"Government" Practices

There were reports of detention of persons with alleged ties to “FETO” and the deportation to Turkey of Turkish citizens purportedly affiliated with “FETO.”

Authorities granted improved access to Greek Orthodox places of worship compared to the previous year.  Contrary to reports in earlier years, Apostolos Andreas, St. Barnabas, and St. Mamas Churches required advanced notification to conduct religious services.  The three churches, however, were open for prayers throughout the year, as they had been in previous years.  During the year services took place for the first time since 1974 at 10 Greek Orthodox churches, according to the “MFA.”

UNFICYP reported the “MFA” approved 90 of 123 requests it received to facilitate religious services at churches in the northern part of the island during the year, compared with 67 approvals of 112 requests in 2017.  The “MFA” reported it approved 118 of 153 total requests (including both UNFICYP-facilitated requests and requests submitted directly to the “MFA”) to hold religious services during the year, compared with 83 approvals of 133 requests in 2017.  A Greek Orthodox Church representative said Turkish Cypriot authorities typically denied access requests without explanation.  Greek Orthodox and Armenian Orthodox representatives said the “MFA” frequently approved applications with insufficient time before the dates of requested religious services, resulting in cancellations.  A Greek Orthodox representative stated 63 religious sites remained inaccessible due to being located within Turkish military zones or the buffer zone.

Heavy police escorts continued to accompany visiting Greek Orthodox and Maronite worshippers.  Turkish Cypriot authorities said the escorts were to provide security; Greek Orthodox and Maronite officials expressed concern they also surveilled worshippers.

In April after a two-year restriction, Turkish Cypriot authorities allowed Greek Orthodox Church members to hold Good Friday church services at St. George Church in Famagusta.

In June Greek Cypriots received permission to hold a two-day religious ceremony at St. Barnabas Monastery.  Local press reported large crowds at the Mass and extensive security measures around the monastery, which a Greek Orthodox official said ensured the service took place without incident.

According to a representative of the Maronite community, the Turkish military increased restrictions on access to Maronite churches located within Turkish military zones.  Maronite representatives reported that, since January, they had been required to submit a list of persons planning to attend Sunday services by the preceding Tuesday, and the Turkish military had refused access to some members.  Previously the Maronite community had not had to seek permission to hold Sunday services at the Maronite Church of Archangelos Michael in the village of Asomatos/Ozhan, which was located within a Turkish military zone.  The Turkish military again allowed Maronites to celebrate Mass once a year in the Church of Ayia Marina and denied Maronites access to the Church of Marki near Kormakitis/Korucam.

Armenian Orthodox representatives said limitations on access imposed by Turkish Cypriot authorities prevented them from fully renovating and maintaining the Sourp Magar Monastery.

The TSPA again reported police visited the association on a monthly basis and that some of its members were afraid to attend religious services due to police monitoring; TSPA representatives visited homes where members held services instead.  The TSPA reported police requested a list of attendees at a prayer service held with Greek Cypriot Protestants in the buffer zone.  The TSPA reported it successfully opened an office in Famagusta after authorities prevented it from doing so the previous two years.

The Alevi Culture Association said the “government” provided six million Turkish lira ($1.14 million) to build a cemevi (house of worship) and Alevi cultural complex outside Nicosia.  Construction began in August, and the association expected it to be completed by July 2019.  The Alevi Culture Association continued to say it perceived favoritism in “state” funding toward the Sunni Muslim population through financing of mosque construction and administration.

In January a group of teachers at Hala Sultan Religious High School filed a complaint with the “MOE” stating vocational teachers from Turkey were putting religious pressure on students, including by encouraging students to attend prayers at the mosque and promoting religious camps in Turkey.  The “MOE” assigned an inspector to investigate the claims, but a union representative said the “MOE” had not announced the findings of the investigation.

In June several parents objected to the “MOE director’s” decision not to sign Hala Sultan Religious High School student diplomas that included photos of students wearing headscarves in accordance with “MOE regulations.”  According to a teachers’ union representative, the “MOE director” ultimately signed the diplomas and the teacher-parent association at Hala Sultan Religious High School subsequently held a second diploma ceremony for the affected students.

The “Religious Affairs Department” continued to appoint and fund imams at the 192 Sunni mosques in the northern part of the island.

A representative of the Church of Cyprus again stated some religious sites, to which Church officials had little or no access, were deteriorating.  In August local press reported Ayia Pareskevi Church located in the open area of Maras/Varosha collapsed due to neglect.

Greek Orthodox religious groups continued to complain authorities placed religious items, including icons, in storage rooms or displayed them in museums, against the wishes of the communities to whom they were sacred.  In October local press reported that Greek Orthodox icons stored in the Kyrenia Castle were deteriorating due to improper preservation.

The TCCH reported it had completed restoration of 10 religious sites and was restoring another two sites.  The TCCH and the UN Development Program Partnership for the Future continued restoration work at the Greek Orthodox Apostolos Andreas Monastery in the Karpas Peninsula, a popular destination for pilgrims.  After an initial delay in the technical designs, the tender for the second phase of the project, including the restoration of the small chapel, surrounding buildings, and environmental landscaping, closed in October and restoration was expected to begin in early 2019.

In October the TCCH visited the Kyrenia Castle and assessed the icons there were generally in good condition, but it announced it would seek funding to install a climate control system to better preserve them.

In October local press reported the Vakf helped clean a Greek Orthodox cemetery in Iskele/Trikomo.  Press also reported the Iskele “Municipality” would establish another cemetery for non-Muslim residents in the region.

The TSPA continued to report societal discrimination toward Protestants, including denial of access to venues to hold religious events and verbal harassment.  The TSPA said Turkish Cypriots who converted to other faiths, particularly Christianity, faced societal criticism.  The TSPA reported its members received social pressure not to attend a November prayer service with Greek Cypriots in the buffer zone.

Muslim and Orthodox religious leaders continued to promote religious tolerance by meeting and arranging pilgrimages for their congregations to places of worship across the “green line,” such as Hala Sultan Tekke in the Republic of Cyprus and St. Barnabas in the area administered by Turkish Cypriots.  In October the RTCYPP published a letter with statements from the Mufti of Cyprus and the Greek Orthodox Bishop of Neapolis calling on Turkish Cypriot authorities to return icons stored in the Kyrenia Castle to the Greek Orthodox community.

In March the U.S. Ambassador met with Mufti of Cyprus Atalay to encourage interfaith dialogue and discuss access to religious sites on both sides of the island.  U.S. embassy representatives continued to meet with Turkish Cypriot authorities at the “Presidency” and the “MFA” to discuss access to religious sites and the ability to hold religious services at sites without restrictions.

In November the Ambassador attended a celebration with the Maronite community at St. George Church in Kormakitis/Korucam.  Embassy officials also discussed issues pertaining to religious freedom, including access to sites of worship and instances of societal discrimination within the Turkish Cypriot community, with representatives of the Armenian Orthodox, Alevi Muslim, Latin Catholic, Greek Orthodox, Maronite, Protestant, and Sunni Muslim communities.  For example, embassy officials frequently discussed with Greek Orthodox leaders concerns about the restrictions Turkish Cypriot authorities placed on church ceremonies conducted in the area administered by Turkish Cypriots.

IN THIS SECTION: REPUBLIC OF CYPRUS | AREA ADMINISTERED BY TURKISH CYPRIOTS (ABOVE)

All references to place names within this report are for reference purposes only and are meant to convey meaning.  They should not be interpreted as implying or indicating any political recognition or change in long-standing U.S. policy.

The U.S. government estimates the total population at 44.7 million (July 2018 estimate).  Religious demographic and statistical data from nongovernmental organizations (NGOs), research centers, and religious leaders vary.  According to a 2014 Pew Research Center study, Catholics constitute 71 percent of the population, Protestants 15 percent, and atheists, agnostics, and those with no religious affiliation 11 percent.  Other sources state Seventh-day Adventists, Baptists, Jehovah’s Witnesses, Lutherans, Methodists, and members of The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ) together total 3 percent of the population.  According to the Pew study, the Jewish population is approximately 0.5 percent, and the Muslim population is estimated at 1 percent.  Evangelical Christian communities, particularly Pentecostals, are growing in size, but no reliable statistics are available.  There are also a small number of Baha’is, Buddhists, and adherents of indigenous religions in the country; however, no data are available on the size of these groups.

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.

Embassy officials met with government representatives, including the secretary of worship, the MFA’s human rights office, and the Ministry of Justice and Human Rights, to discuss ways to promote respect for religious minorities and interfaith cooperation.  In meetings with government officials at the national, provincial, and Buenos Aires levels, the Ambassador and other embassy officials discussed tolerance, the country’s interfaith movement, and measures to counteract religious discrimination.  In meetings with the secretary of worship, embassy officials emphasized the importance of religious freedom and interfaith dialogue and discussed the status of the AMIA case and ways to counter anti-Semitism and anti-Muslim sentiment.

Embassy outreach included regular meetings with religious and community leaders, including members of interreligious organizations.  In these meetings, embassy officials discussed the status of religious freedom and interfaith dialogue, as well as the conditions and integration of refugees regardless of their religion; the status of the AMIA case; and ways to counter anti-Semitism and anti-Muslim sentiment and promote religious tolerance.  Embassy officials met with religious groups and NGOs focused on social work and community service, including Catholic, Seventh-day Adventist, and evangelical Christian leaders, and discussed faith-based responses to poverty, drug addiction, domestic violence, homelessness, and malnutrition as well as promoting respect for religious diversity.  In August the Ambassador gave keynote remarks on countering online hate speech and discrimination based on religion at a conference in Tucuman Province.  The Ambassador also hosted meetings with Jewish community members throughout the year to discuss progress in the AMIA bombing case.  In September a Department of State official gave keynote remarks at the G20 Interfaith Forum and met with religious leaders and government officials, including parliamentarians, to discuss religious freedom globally.

Embassy officials regularly attended conferences, observances, and commemorations organized by religious groups and NGOs, including DAIA, AMIA, Latin American Jewish Congress, CEA, CIRA, Islamic Institute for Peace, Evangelical Church of Argentina, and Argentine Council for Religious Freedom.  The Ambassador spoke at several of these events, including at a remembrance ceremony at AMIA and a hate crimes conference in Tucuman Province.  Embassy officials continued to encourage increased representation and diversity of religious communities in embassy-sponsored scholarship and educational programs.  Embassy officials supported interfaith cooperation and universal respect for freedom of religion through both public statements and social media campaigns.

The U.S. government estimates the total population at 3.0 million (July 2018 estimate).  According to the 2011 census, approximately 92 percent of the population identifies with the AAC.  Other religious groups include Roman Catholics, Armenian Uniate (Mekhitarist) Catholics, Orthodox Christians, evangelical Christians, Pentecostals, Seventh-day Adventists, Baptists, charismatic Christians, Jehovah’s Witnesses, members of the Church of Jesus Christ, members of the Holy Apostolic Catholic Assyrian Church of the East, pagans, Molokan Christians, Yezidis, Jews, Baha’is, Shia Muslims, and Sunni Muslims.  According to an International Republican Institute poll released in October, 94 percent of the country’s population identify as Armenian Apostolic, 2 percent as Catholic, 3 percent other, and 1 percent none.  According to members of the Jewish community, there are approximately 800 Jews in the country.

Yezidis are concentrated primarily in agricultural areas northwest of Yerevan around Mount Aragats, and Armenian Uniate Catholics live primarily in the north.  Most Jews, members of the Church of Jesus Christ, and Orthodox Christians reside in Yerevan, along with a small community of Muslims.  Most Muslims are Shia, including Iranians and temporary residents from the Middle East.

Legal Framework

The constitution states everyone shall have the right to freedom of thought, conscience, and religion.  This right includes the freedom to change one’s religion or beliefs and the freedom to manifest religion or belief in rituals of worship, such as preaching or church ceremonies, either alone or in community with others, in public or in private.  The constitution allows restrictions on this right to protect state security, public order, health, and morals, or the fundamental rights and freedoms of others.  The constitution establishes separation of “religious organizations” and the state.  It recognizes “the exclusive mission of the Armenian Apostolic Church as a national church in the spiritual life, development of the national culture, and preservation of the national identity of the people of Armenia.”  The constitution prohibits the exercise of fundamental rights and freedoms to incite religious hatred.  It allows conscientious objectors to military service to perform alternative civilian service.

The law prohibits, but does not define, “soul hunting,” a term describing both proselytism and forced conversion.

By law, a registered religious group may minister to the religious and spiritual needs of its faithful; perform religious liturgies, rites, and ceremonies; establish groups for religious instruction; engage in theological, religious, historical, and cultural studies; train members for the clergy or for scientific and pedagogical purposes; obtain and utilize objects and materials of religious significance; use media; establish ties with religious organizations in other countries; and engage in charity.  The law does not require religious groups to register, but they must do so to conduct business in their own name (e.g., to own property, rent property, and establish bank accounts).  The law does not stipulate rights accorded to unregistered groups.

To register as a legal entity, a religious community must present to the Office of the State Registrar an assessment from the Division of Religious Affairs and National Minorities stating its expert opinion whether the community complies with the requirements of the law that it be based on “historically recognized holy scripture.”  It also must be “free from materialism and…[be] of a spiritual nature,” have at least 200 adult members, and follow a doctrine espoused by a member of the “international modern system” of religious communities.  The law does not define “free from materialism” or state which religious communities are part of the “international modern system.”  The law specifies that this list of registration requirements, to which the Division of Religious Affairs and National Minorities must attest, does not apply to a religious organization based on the faith of one of the groups recognized as national minorities.  A religious community may appeal a decision by the Office of the State Registrar through the courts.

The criminal code prohibits “obstruction of the right to exercise freedom of religion” and prescribes punishment ranging from fines of up to 200,000 drams ($410) to detention for up to two months.

The Office of the Human Rights Defender (ombudsman) has a mandate to address violations of human rights and fundamental freedoms, including the freedom of religion, committed by officials of the state and local governments.

The law prohibits a police employee and employees of the National Security Service, service for mandatory enforcement of court rulings, penitentiary service, or rescue service from being a member of a religious organization; however, the law does not define the meaning of “membership” in a religious organization.  The law prohibits members of police, military, and National Security Service, as well as prosecutors, customs officials, diplomats, and other national, community, and civil servants, from using their official positions for the benefit of “religious associations” or from preaching in support of them.  The law also prohibits police, prosecutors, and other state and civil servants from conducting other religious activities while performing official duties.  While the law defines a “religious organization” as an association of citizens established for professing a common faith as well as for fulfilling other religious needs, it provides no definition for “religious associations.”  A military service member may not establish a religious association.  If a member of the military is a member of a religious association, the member does not have the right to preach to other service personnel during the military service.

The penitentiary code allows penal institutions to invite clergy members to conduct religious ceremonies and use religious objects and literature.  Prisoners may request spiritual assistance from the religious group of their choice.

The law allows the AAC free access to, and the right to station representatives in, hospitals, orphanages, boarding schools, military units, and places of detention, while other religious groups may have representatives in these locations only with permission from the head of the institution.  The law also stipulates the state will not interfere with the AAC’s exclusive right to preach freely and spread its beliefs throughout the entire territory of the country.

The law mandates public education be secular, and states “religious activity and preaching in public educational institutions is prohibited,” with the exception of cases provided for by law.  While adding an HAC course in a public or private school is optional, once a school chooses to do so, the course is mandatory for all students in grades five to 11; there is no opt-out provision for students or their parents.

The AAC has the right to participate in the development of the syllabi and textbooks for the HAC course and to define the qualifications of their teachers.  The Church may nominate candidates to teach the courses, although the teachers are state employees.  The law grants the AAC the right to organize voluntary extracurricular religious instruction classes in state educational institutions.  Other religious groups may provide religious instruction to their members in their own facilities, but not within the premises of state educational institutions.

The labor code prohibits employers from collecting and analyzing data on religious views of employees.

The law provides for two types of service for conscientious objectors as an alternative to compulsory, two-year military service:  alternative (noncombat) military service for 30 months, or alternative labor service for 36 months.  Evasion of alternative service is a criminal offense.  Penalties range from two months’ detention to eight years’ imprisonment, depending on the circumstances of the case.

The criminal code prohibits incitement of religious hatred through violence, public statements, or the mass media and prescribes punishments ranging from fines of 200,000 to 500,000 drams ($410 to $1,030) to prison terms of between two and six years.

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

Government Practices

On March 30, Epress.am, an independent online outlet focused on human rights reporting, reported that police officers from the town of Hrazdan attempted to pressure a youth who identified as atheist to “return” to the AAC.  According to the report, unidentified police officers, under false pretenses, took the youth to the Children’s Support Center to meet with a psychologist, where he was held overnight.

Starting in June, the “New Armenia, New Patriarch” initiative group, comprising AAC self-identified secular activists and two former members of the AAC clergy, protested and demanded the resignation of Karekin II, Supreme Patriarch and Catholicos of All Armenians.  On June 6, the group made a statement accusing Catholicos Karekin II of weakening the AAC and of “submitting the country to sects, homosexuals, atheists, and opportunists.”  On July 14, protesters blocked the Catholicos’s vehicle at the Gndevank monastery complex in the Vayots Dzor Region and blocked him as he tried to walk away from the venue.  Protesters insulted him in the presence of police.  According to an AAC priest from the Vagharshapat Cathedral, in addition to pushing and pulling him, the protesters restricted the Catholicos’ freedom of movement and threatened to lock him in the monastery.  On July 15, on Facebook Livestream, Prime Minister Pashinyan described these developments as an internal church matter into which the government should not interfere and urged the clergy to discuss and find a solution to those internal disagreements.  He also emphasized the government’s role in upholding the law, stating he was not satisfied with police actions, which he had observed in videos of the incident.  The prime minister stated he had tasked police to examine carefully the Vayots Dzor incident and assess whether the protesters’ actions were justified.  According to the police press service, the police chief instructed officers to investigate the incident and assess police actions; however, according to the AAC representative in Echmiatsin, police dropped the case because they said there was no threat to the Catholicos’ life.

On July 6, the same group of activists broke into the AAC chancery in Echmiatsin, which includes the Catholicos’ residence and offices, and staged around-the-clock protests.  According to an AAC priest, in response to the Church’s request for police assistance, police initially stated that churches and monasteries were public spaces and they could not remove the protesters.  After three days, however, police removed them.  The activists continued to hold occasional rallies in downtown Yerevan and threatened to track all of the Catholicos’ movements.

On May 8, the National Assembly elected as prime minister Nikol Pashinyan, who had led protests against former Prime Minister Serzh Sargsyan that led to Sargsyan’s resignation on April 23.  On several occasions, Pashinyan reiterated that state and church were separate and the government would not interfere in church affairs.  The new government indefinitely halted the process of adoption of a package of laws called “Freedom of Conscience and Religious Organizations” initiated by the former government.  According to religious freedom experts and many members of the religious community, the most recent version of the draft package, published in November 2017, sought to control religious organizations, including by banning religious expression under certain circumstances and banning foreign funding of religious organizations.  The draft also included mandatory public reporting, with the possibility of suspending an organization for failure to report.  Representatives of evangelical Protestant churches said government authorities could selectively apply such provisions to target “unwanted” minority religious groups.

According to representatives of the Baha’i community, authorities detained Edward Manasyan, a prominent member of the community, in December 2017 and held him until July on what members of the community said were religious grounds.  In July the trial court judge released him on bail.  His trial continued at year’s end.  Local nongovernmental organizations (NGOs) and human rights lawyers said they were concerned about the case, including the surveillance of members of the Baha’i community preceding Manasyan’s arrest.

In early September there were media reports that minority religious “sects” infiltrated a school in Yelpin village in Vayots Dzor Region, which caused a number of parents to refuse to send their children to the school.  According to the Center for Religion and Law, after a group of four teachers filed a police report stating the school principal was involved in corruption, the latter started a smear campaign against the teachers, leading to local activists and council members accusing the teachers of being members of religious “sects.”  Activists demanded the teachers’ dismissal, stating they could “indoctrinate” the students.  Once it became clear that three of the four teachers were AAC followers and that the other teacher was a member of an evangelical Protestant church, the latter became the sole target of the protests, even though the activists admitted they had no proof she was preaching or proselytizing during school activities.  Because of the boycott, the school cancelled all but one of the teacher’s classes, resulting in reduction of her pay.  According to the Center for Religion and Law, which represented the teacher, the latter was subject to reprisal and discrimination because of her religion.  The governor’s office stated it had taken measures to resolve the issue, explaining to the teachers of the school and the parents of the students that according to the constitution everyone enjoys freedom of conscience, religion, and belief.  The governor’s office disciplined the school principal.  According to the Center for Religion and Law, the evangelical Protestant teacher’s working conditions had not changed by year’s end.

The vast majority of public and private schools continued to teach HAC courses throughout the country in grades five through 11.  According to official information, the HAC was taught in all public schools with no exceptions, although during the year there were anecdotal reports that at least one public school and two schools in Yezidi villages did not teach the course.  During a parliamentary briefing on November 14, the new minister of education stated the HAC course needed serious revisions.  According to the deputy minister, the reform would likely take approximately three years and would include a review of the HAC with a new focus on history of religions in compliance with the Organization for Security and Cooperation in Europe (OSCE) Toledo Guiding Principles on Teaching about Religions and Beliefs in Public Schools.  In the interim, beginning with the 2019-20 academic year, national minorities could choose an alternative course to the HAC.

Yezidi community representatives again reported dissatisfaction with the mandatory HAC course, terming it “religious indoctrination.”  While all Yezidi schools were able to remove the course from their curriculum, Yezidi children who attended mixed schools were obliged to take the course, regardless of parental objections.

Several non-AAC religious groups said they did not object to the inclusion of the HAC course in public schools, although some objected to the prayers and crossing that reportedly occurred during those classes and said they would like to see a more accurate portrayal of religious groups other than the AAC.  The Ministry of Education stated that during the year it did not receive any complaints about the HAC course and that it had instructed HAC teachers to maintain the secular nature of the class and refrain from religious propaganda.  NGOs, other religious organizations, atheists, and nonpracticing members of the AAC publicly voiced concerns about what they stated were elements of religious indoctrination contained in the HAC course, as well as material equating AAC affiliation with national identity.  There were reports of AAC clergy teaching the course in some schools and requiring visits to AAC churches as part of the course, without providing opportunities for discussion of other faiths or for students to visit non-AAC religious sites.  According to the government, during the 2018-19 academic year, six AAC clergy members taught the HAC course in four public and two private schools.

Human rights activists expressed their concern that religious elements were a consistent part of the public education process and were present even outside the AAC course.

Based on a Ministry of Education pilot program launched in 2012, school administrations had the option to include an additional course, entitled “History of the AAC/Christian Education,” in their curriculum for grades two through four.  During the new school year, 74 schools followed this option.

According to the government, no religious groups other than the AAC requested to visit a military unit.  The chaplaincy program, a joint Ministry of Defense-AAC initiative, continued to allow only AAC clergy to serve in the program.

According to the government, during the year, the AAC conducted visits, up to three times per week, to each of the 12 penitentiaries to engage in spiritual discussions with incarcerated followers and to hold services, baptisms and other religious events.  Representatives of the Russian Orthodox Church, Jehovah’s Witnesses, and Armenian Evangelical Church visited some of the penitentiaries four, 16, and seven times, respectively, during the first nine months of the year.

Jehovah’s Witnesses said they continued to face difficulties in building places of worship because of interference by local officials throughout the country.  At year’s end, three pending cases continued before the European Court of Human Rights regarding the prohibition by the Yerevan City Municipality on building places of worship on land owned by the Jehovah’s Witnesses.

Seventh-day Adventists reported their dissatisfaction over some schools operating on Saturdays or school- or state-level examinations scheduled for Saturdays, a day of worship for the community.  The group stated, however, that on an individual level their members were able to resolve the issue.  The new government stopped the practice of designating AAC holidays as nonworking days, making the following or preceding Saturday a working day.

As of May 123 Jehovah’s Witnesses were working in the alternative civilian service program.

According to media analysts, following the April “velvet revolution,” private individuals affiliated with or sympathetic to the ousted government used religious issues as a means to denounce the new government.  According to media and religious freedom experts, those individuals used hybrid websites, controversial bloggers, local troll factories, fake Facebook groups, and false stories to propagate the idea that the revolution was carried out by minority religious groups or “sects,” (commonly considered any group other than the AAC).  These individuals alleged those religious minority groups continued to influence the new government.

In September the Word of Life Church requested the National Security Service (NSS) to open a criminal case regarding a fake Facebook page that falsely presented itself as associated both with the Word of Life Church and the prime minister’s Civil Contract party.  According to World of Life Church representatives, among other posts, the Facebook page posted a photograph of the senior pastor of the Word of Life Church and included an article with anti-Armenian and anti-AAC statements, causing a public uproar against the Church.  Word of Life Church representatives said they believed an organized group, mostly likely a political adversary of the new government, was behind the fake Facebook page.  On October 1, the NSS opened a criminal case on charges of incitement of religious hatred; at year’s end, the investigation continued and the Facebook page was still active.

Social media criticized several government officials because of their affiliation with minority religious groups.  On one occasion, a member of the Word of Life Church, appointed to a position in the new government, said he resigned following public pressure.

According to Jehovah’s Witnesses, there were incidents of verbal abuse toward the group’s members while they were publicly manifesting their religious beliefs.  In some cases, unknown individuals overturned and damaged the group’s literature display carts.  According to Jehovah’s Witnesses, police responded promptly and appropriately, and as a result, the number of incidents had decreased.

Construction continued on Quba Mere Diwane Temple, which media called the world’s largest Yezidi temple.  Located in the small village of Aknalich, the Yezidi community said it would become the spiritual center for the country’s Yezidis.

The Ambassador and other embassy officials continued to promote religious tolerance and interfaith dialogue during meetings with government officials.  Embassy officials and a visiting official from the Department of State Office of International Religious Freedom met with representatives of the Ministry of Justice in April to discuss concerns raised by religious minorities and human rights groups about restrictive provisions in the proposed package of legislation on religious freedom.  Embassy officials met with representatives of the Ministry of Education to discuss concerns about the HAC course and steps undertaken by the government to address those concerns.

The Ambassador regularly met with representatives of the government, political parties, social groups, and religious minorities to discuss problems of discrimination faced by religious minorities, foster a dialogue between the government and the religious groups, and explore cooperative solutions to those problems.  In July the Ambassador hosted an event to foster interreligious dialogue, mutual respect, and cooperation, bringing together representatives of the AAC, religious and ethnic minorities, and civil society to discuss issues of concern and foster a dialogue between the groups and share the Department of State 2017 report on international religious freedom.  In the meeting, the Ambassador emphasized the fundamental universal right for every person to have freedom of worship and the freedom to choose to believe or not believe.

The Ambassador met with leaders of the AAC and engaged them on the importance of supporting the right of religious minorities to practice their faiths without restrictions.  Embassy officials attended conferences and discussions on nondiscrimination and religious tolerance regularly hosted by the Eurasian Partnership Foundation in its religious tolerance projects.  They visited a Holy Apostolic Catholic Assyrian village, attending the celebration of the 190th anniversary of the establishment of the Assyrian community in the country.  Embassy officials also visited the Yezidi Ferik village and held regular meetings with representatives of the AAC and religious and ethnic minorities, including evangelical Christians and other Protestants, Jehovah’s Witnesses, adherents of the Church of Jesus Christ, Yezidis, the Jewish community, Apostolic Assyrians, Pentecostals, and Baha’is.  In these meetings, embassy officials and religious group representatives discussed the state of religious freedom in the country, including minority religious group concerns.  They also met with civil society groups to discuss concerns about the HAC courses taught in public schools.  Embassy officials monitored the trial of the Baha’i member facing prosecution on what the group stated were religious grounds.

Embassy officials met with a joint delegation of the OSCE Office for Democratic Institutions and Human Rights and European Union Venice Commission to discuss the concerns raised by some religious groups over the draft package of legislation on religious freedom.

The embassy used social media, including Twitter and Facebook, to send messages supporting religious diversity and tolerance and to highlight the January 11 annual International Religious Freedom Day and the release of the Department of State report on international religious freedom.

The U.S. government estimates the total population at 23.5 million (July 2018 estimate).  According to the 2016 census, 52.1 percent of residents are Christian, with Roman Catholics (22.6 percent of residents) and Anglicans (13.3 percent) comprising the two largest Christian groups.  Buddhists constitute 2.4 percent of the population, Muslims 2.6 percent, Hindus 1.9 percent, and Jews 0.4 percent.  An additional 9.6 percent of the population either did not state a religious affiliation or stated affiliations such as “new age,” “not defined,” or “theism,” while 30.1 percent reported no religious affiliation.

The 2016 census indicated indigenous persons constitute 2.8 percent of the population.  The most recent religious breakdown for the indigenous population remained that of the 2011 census, which estimated that 1 percent of indigenous respondents practice traditional indigenous religions.  Among this group, affiliation with a traditional indigenous religion is higher in very remote areas (6 percent) than in all other areas (less than 1 percent).  Approximately 60 percent of indigenous respondents identify as Christian, and an estimated 20 percent report having no religious affiliation.  The remainder either did not state a religious affiliation or stated other religious affiliations.

Legal Framework

The constitution bars the federal government from making any law imposing a state religion or religious observance, prohibiting the free exercise of religion, or establishing a religious test for a federal public office.

The right to religious freedom may be limited only when deemed necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.  Individuals who suffer religious discrimination have recourse under federal discrimination laws or through the court system and bodies such as the Australian Human Rights Commission.

The state of Tasmania is the only state or territory whose constitution specifically provides citizens with the right to profess and practice their religion; however, seven of the eight states and territories have laws prohibiting discrimination on the basis of a person’s religion or ethnoreligious background.  South Australia is the only state or territory that does not explicitly prohibit discrimination on the grounds of religion.  All other states and territories have independent agencies to mediate allegations of religious discrimination.

Religious groups are not required to register.  To receive tax-exempt status for income or other benefits and an exemption from the goods and services tax (sales tax), however, nonprofit religious groups must apply to the Australia Tax Office (ATO).  Registration with the ATO has no effect on how religious groups are treated, apart from standard ATO checks.  To receive tax-exempt status, an organization must be a nonprofit entity.  An organization’s activities, size, and permanence are some of the factors taken into account when determining its tax-exempt status.

The government permits religious education in public schools, generally taught by volunteers using curricula approved in accordance with government criteria in each state; parents may decide whether or not their children will attend.  There is no national standard for approving religious curricula, which happens at the state and local levels.

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

Government Practices

In September Prime Minister Scott Morrison called for new religious freedom laws to “safeguard personal liberty.”  Legislation was not introduced but caused a debate within the country.  The prime minister said he planned draft legislation for early next year.  According to a December 12 article in The Australian newspaper, elements of the planned legislation included taking steps to protect religious schools, charities, and individuals from discrimination; requiring education departments to make clear to parents how to remove a child from religious instruction at school; and moving to abolish statutory or common law offenses of blasphemy in all jurisdictions.  The Catholic Archbishop of Sydney said that there had been attempts to penalize those who support traditional marriage and that legislation was necessary, among other things, because “lately there has been a hard-edged secularism that wants to stamp out religion from public life.”

In October the prime minister stated the country would ban religious schools from expelling lesbian, gay, bisexual, or transgender (LGBT) students.  The opposition leader gave support to the plan and also proposed that religious schools lose the right to fire gay staff.  A group of Anglican schools wrote to members of parliament saying changes in the exemption to the country’s antidiscrimination law that currently allows religious schools not to have LGBT teachers would undermine their faith’s core values and that “until such time as religious freedom is codified in legislation, the exemptions should remain.”  Legislation was not introduced by the end of the year, and parliament referred the issue to the Australian Law Reform Commission for review.

The One Nation Party had two senators in the federal parliament and maintained a platform calling for stopping Muslim immigration and admission of Muslim refugees, banning the burqa and niqab in public places, installing surveillance cameras in all mosques, and prohibiting members of parliament from being sworn in under the Quran.  Katter’s Australia Party had one senator and one member in the House of Representatives who maintained a platform calling for a country based on Christian values and for a ban on Muslim immigration.

The government continued to begin each session of parliament with a recitation of a short prayer and then the Lord’s Prayer, as has been the practice since 1901.  Participation in the prayers remained optional.  The Australian Greens and other groups continued to call for the practice to end.

In July the Catholic Church rejected the 2017 recommendation of the Royal Commission into Institutional Responses to Child Sexual Abuse that priests be required to report evidence of pedophilia heard in the confessional or face prosecution.  Australian Catholic Bishops Conference President Archbishop Mark Coleridge said the Church was committed to both child safety and the seal of the sacrament of confessional.  The Church accepted a commission recommendation that it compensate each victim of child abuse by Church personnel up to 150,000 Australian dollars ($106,000).

In December Cardinal George Pell was found guilty of five charges of “historical child sexual offenses” by a Melbourne court.  Pell maintained his innocence.  He faced an additional trial for alleged similar actions in Ballarat.

The Victoria State Equal Opportunity and Human Rights Commission received 172 complaints on the grounds of religion (approximately 2.4 percent of total discrimination complaints) in the last three years.

In July a judge in the Victoria Supreme Court refused to allow a woman to wear a niqab in the court’s public spectator gallery during her husband’s trial on terrorism.  The judge offered the woman the option of viewing the proceedings live from another place in the building.

The government continued to provide funding for security installations – such as lighting, fencing, closed-circuit television cameras – and for the cost of employing security guards, in order to protect schools and preschools facing a risk of attack, harassment, or violence stemming from racial or religious intolerance.  This funding was available at both government and nongovernment schools, including religious schools.

The Australian Multicultural Council continued to provide guidance to the government on multicultural affairs policy and programs.  The government’s national multicultural policy, The People of Australia, continued to be based on a government-wide approach to maintaining social cohesion and included religious tolerance as a component.  The government provided a range of youth-focused early intervention, outreach, and education programs to promote religious tolerance as well as “deradicalization” programs for prison inmates convicted of terrorism-related offenses.  Effectiveness of the programs was a point of debate throughout the country.

In March posters were found around Sydney calling for the execution of Jewish and gay persons.  According to press reports, New South Wales antidiscrimination law required police to prove an offender committed a crime by instruction of another person, resulting in no charges being filed against those accused of hanging the posters.

In August the Queensland Times newspaper reported on numerous incidents of college parties involving neo-Nazi themes and anti-Semitic costumes, which were condemned by the Australian Union of Jewish Students.  In June Charles Sturt University students attended a “politically incorrect” themed party at a pub wearing Ku Klux Klan gowns and hoods as well as Nazi uniforms.

In August a rugby sports commentator publicly told his audience that Muslims “lack a common interest” with other citizens and said Muslims were “colonizing” the country.

The Q Society – a self-proclaimed “Islam-critical” organization – continued to fundraise and listed two members of parliament as patrons as well as contributors to a 2014 documentary opposing halal certification.  The group, which said it had more than 1,000 members in the country and held monthly meetings in each state, advocated for a moratorium on immigration from Afghanistan, Lebanon, Syria, and Iraq.

Incidents of violence and threats against Muslims were reported.  According to a report on the web site Islamophobia Register Australia, in September a Muslim couple leaving a restaurant in Mortdale, New South Wales, attempted to defend themselves when a man and woman shouted at and physically assaulted them.  A passing fire brigade intervened, assuming the Muslim couple had instigated the situation, but a witness came to the couple’s defense, at which point the attackers fled.  In November in Keysborough, Victoria, reportedly two Muslim girls, ages 14 and 10, were crossing a parking lot when a car quickly reversed, almost hitting them, after which the driver shouted, “Speak English, you terrorists,” and drove away.

The Executive Council of Australian Jewry reported 366 anti-Semitic incidents of threats or abuse during the year, up from 230 in the previous year.  According to the council, a group called the Antipodean Resistance accounted for 36 percent of all reported anti-Semitic incidents, including placing posters, graffiti, and murals in public places, and one serious incident of vandalism.  In one case, pig entrails were placed at the door of a federal member of parliament’s office in Sydney.

Christian advocacy groups continued to report harassment of group members and protesters at conferences.  Group leaders received threats, in some cases resulting in security requirements to keep their identities concealed.

A June press report detailed the difficulties former Muslims faced when they chose to change faiths, including harassment, especially at home, and often being forced to hide their change of faith.

The U.S. Embassy in Canberra and Consulates General in Melbourne, Perth, and Sydney met with government officials from the federal and state-level departments of social services and multicultural affairs to promote interfaith understanding and tolerance programs.

U.S. officials, including the Charge d’Affaires, engaged with a wide range of religious leaders, faith communities, and groups, including the Ahmadiyya Muslim Association and the Australia Arab Association.

Through its small grants program, the Consulate General in Melbourne supported a U.S. speaker for the Welcoming Cities Symposium promoting religious diversity, inclusion, and participation in social, cultural, economic, and civic life.  The consulate also supported a U.S. film director attending the Melbourne International Film Festival who discussed her film On Her Shoulders, which documented the Yazidi people’s treatment by ISIS and the life of those in diaspora communities.

In October a representative from the Consulate General in Perth spoke at the Third annual convention of the Ahmadiyya Muslim Association in Western Australia, where members of parliament and local council, academics, and representatives from various faiths presented their views on the topic “Global Peace.”

The Consulate General in Perth provided a grant to a representative from the local Jewish community to bring a Holocaust educator to Perth for an educational program that provides the tools for young persons to become an “upstander” rather than a bystander in the face of discrimination and inequality.

The U.S. government estimates the total population at 8.8 million (July 2018 estimate).  According to religious groups and December 2017 figures from the government Austrian Integration Fund, Roman Catholics constitute 58 percent of the population and Muslims – predominantly Sunni – 8 percent, while approximately 25 percent is unaffiliated with any religion.  Religious groups constituting less than 5 percent each include the Lutheran Church; Swiss Reformed Church (Evangelical Church-Augsburg and Helvetic confessions); Eastern Orthodox Churches (Russian, Greek, Serbian, Romanian, and Bulgarian); Jehovah’s Witnesses; other Christian churches; and Jews and other non-Christian religious groups.

Legal Framework

A combination of historical and modern constitutional documents guarantees freedom of “conscience and creed.”  The law provides for freedom of religious belief and the rights of all residents to join, participate in, leave, or abstain from association with any religious community.  It stipulates, “Duties incumbent on nationals may not be impeded by religious affiliation.”

Several constitutional provisions protect religious freedom.  The main pillars are historical laws on fundamental rights and freedoms, including religious freedom, and treaties and conventions such as the European Convention on Human Rights, which form part of the constitution.  Antidiscrimination legislation prohibits discrimination on religious grounds.  Citizens have the right to sue the government for constitutional violations of religious freedom.

The law prohibits public incitement to hostile acts against a church group, religious society, or other religious group if the incitement is perceivable by “many people,” which an official government commentary on the law and the courts interpret as 30 or more individuals.  The prohibition also applies specifically in the case of incitement in print, electronic, or other media available to a broad public.  The law also prohibits incitement, insult, or contempt against religious groups, if such action violates human dignity.

The law divides registered religious groups into three officially recognized legal categories (listed in descending order of rights and privileges):  religious societies, religious confessional communities, and associations.  Each category possesses specific rights, privileges, and legal responsibilities.  Members of religious groups not legally recognized may practice their religion at home “insofar as this practice is neither unlawful nor offends common decency.”

There are 16 recognized religious societies:  the Roman Catholic Church; Protestant churches – specifically Lutheran and Presbyterian, called “Augsburg” and “Helvetic” confessions; the IGGIO; Old Catholic Church; IKG; Eastern Orthodox Church (Bulgarian, Greek, Romanian, Russian, and Serbian); The Church of Jesus Christ of Latter-day Saints; New Apostolic Church; Syrian Orthodox Church; Coptic Orthodox Church; Armenian Apostolic Church; Methodist Church of Austria; the Buddhist Community; Jehovah’s Witnesses; Alevi Community in Austria; and Free Christian Churches.

The law grants registered religious societies the right to public practice and independent administration of their internal affairs, to participate in the program requiring mandatory church contributions by church members, and to bring religious workers into the country to act as ministers, missionaries, or teachers.  Under the law, religious societies have “public corporation” status, permitting them to engage in a number of public or quasi-public activities, such as government-funded religious instruction in both public and private schools, which the government denies to confessional communities and associations.  The government grants all recognized religious societies tax relief in two main ways:  donations are not taxable, and the societies receive exemption from property tax for all buildings dedicated to the active practice of religion or administration of such.  Additionally, religious societies are exempt from the surveillance charge, payable when state security is required, and the administrative fee levied at the municipal level.  Responsibilities of religious societies include a commitment to sponsor social and cultural activities that serve the common good and to ensure their teachings do not violate the law or ethical standards.

Religious groups seeking to achieve religious society status for the first time must apply for recognition with the Office for Religious Affairs in the Federal Chancellery.  Religious groups recognized as societies prior to 1998 retained their status.  The government grandfathered in 14 of the 16 recognized religious societies under this provision of the law.  To gain recognition as a religious society, religious groups not recognized prior to 1998 must have membership equaling 0.2 percent of the country’s population (approximately 17,400 persons) and existed for 20 years, at least 10 of which must have been as an association and five as a confessional community.  The government recognizes Jehovah’s Witnesses and Alevi Muslims as religious societies under these post-1998 criteria.  Groups that do not meet these criteria may still apply for religious society status under an exception for groups that have been active internationally for at least 100 years and active as an association in the country for 10 years.  Groups sharing a broad faith with an existing society or confessional community, for example Christianity, may register separately as long as they can demonstrate that they have a different theology.

The law allows religious groups not recognized as societies to seek official status as confessional communities with the Office for Religious Affairs in the Federal Chancellery.  The government recognizes nine confessional communities:  the Baha’i Faith; Movement for Religious Renewal-Community of Christians; Pentecostal Community of God; Seventh-day Adventists; Hindu Community; Islamic-Shiite Community; Old-Alevi Community in Austria; Family Federation for World Peace and Unification (Unification Church); and United Pentecostal Community of Austria.  The government recognized the latter as a confessional community on April 17.

A recognized confessional community has the juridical standing needed to engage in such activities as purchasing real estate in its own name and contracting for goods and services, but it is not eligible for the financial and educational benefits available to recognized religious societies.  Contributions to confessional communities’ charitable activities are tax deductible for those who make them, but the communities are not exempt from property taxes.

To gain government recognition as a confessional community, a group must have at least 300 members and submit to the Office for Religious Affairs its statutes describing the goals, rights, and obligations of members, as well as membership regulations, a list of officials, and financing information.  A group must also submit a written description of its religious doctrine, which must differ from that of any previously recognized religious society or religious confessional community.  The Office for Religious Affairs determines whether the group’s basic beliefs are consistent with public security, order, health, and morals, and with the rights and freedoms of citizens.  A religious group seeking to obtain confessional community status is subject to a six-month waiting period from the time of application to the chancellery.  After this period, groups that have applied automatically receive the status unless the government issues a decree rejecting the application.

Religious groups not qualifying for either religious society or confessional community status may apply to become legal associations, a status applicable to a broad range of civil groups.  Some groups organize as associations while waiting for the government to recognize them as confessional communities.

The Church of Scientology and a number of smaller religious groups, such as Sahaja Yoga and the International Society for Krishna Consciousness, have association status.

Religious groups registered as associations have the right to function in public, but they may not provide religious instruction in schools or pastoral care in hospitals or prisons.

According to the law, any group of more than two persons pursuing a nonprofit goal qualifies to organize as an association.  Groups may apply to the Ministry of Interior to gain such status.  To become an association, a group must submit a written statement citing its common, nonprofit goal and commitment to function as a nonprofit organization.  Associations have juridical standing and many of the same rights as confessional communities, including the right to own real estate and to contract for goods and services.  Unlike confessional communities, associations may not offer pastoral care in hospitals or prisons or receive tax-deductible contributions.

The law governing relations between the government and the IGGIO and Alevi Muslim groups stipulates that funding for the day-to-day operations of mosques must be derived from domestic sources, Islamic teachings and practices must not violate federal law, and Islamic institutions should “take a positive stance” toward the state and society.  The law provides an explicit legal definition of, and legal protection for, Islamic practices, such as circumcision and preparation of food in conformity with religious rules, and states Muslims may raise children and youth in accordance with Islamic traditions.  Muslim groups with at least 300 members and a theology not distinct from a pre-existing Islamic religious society or confessional community are considered cultural communities and fall under the umbrella of the pre-existing, legally recognized Islamic religious society or confessional community.  This includes the IGGIO and the Alevi Community in Austria, which are both religious societies, or the Islamic-Shiite Community and the Old-Alevi Faith Community in Austria, both of which have confessional community status.  The law allows for Islamic theological university studies, which the University of Vienna offers.

Separate laws govern relations between the government and each of the other 14 state-recognized religious societies.  The laws have similar intent but vary in some details, given they were enacted at different times over a span of approximately 140 years.

The law bans full-face coverings in public places as a “violation of Austrian values,” with exceptions made only for artistic, cultural, or traditional events, in sports, or for health or professional reasons.  Failure to comply with the law is an administrative violation.  The law prescribes a 150-euro ($170) fine but does not entitle police to remove the face covering.

The government funds, on a proportional basis, religious instruction for any of the 16 officially recognized religious societies by clergy or instructors provided by those groups for children in public schools and government-accredited private schools.  The government does not offer such funding to other religious groups.  A minimum of three children is required to form a class.  Attendance in religion classes is mandatory for all students unless they formally withdraw at the beginning of the school year; students under the age of 14 require parental permission to withdraw from religion classes.  The government funds the instruction, and religious groups provide the instructors.  Religious instruction takes place either in the school or at sites organized by religious groups.  Some schools offer ethics classes for students not attending religious instruction.  Religious education and ethics classes include the tenets of different religious groups as comparative religious education.

The curriculum for both public and private schools includes compulsory antibias and tolerance education, including religious tolerance, as part of civics education across various subjects, including history and German-language instruction.

Holocaust education is part of history instruction and appears in other subjects such as civics.

The Equal Rights Agency, an independent agency falling under the jurisdiction of the women’s ministry, oversees discrimination cases on various grounds, including religion.  The agency provides legal counseling and mediation services, and it assists with bringing cases before the Equal Treatment Commission, another independent government agency.  In cases where it finds discrimination, the commission makes a recommendation for corrective action.  In a case of noncompliance with the recommendation, the case goes to court.  The commission may issue expert reports for plaintiffs to present before the court.  Only a court may order corrective action and compensation.

The law bans neo-Nazi activity and prohibits public denial, belittlement, approval, or justification “of the National Socialist genocide” or other Nazi crimes against humanity in print, broadcast, or other media.

Foreign religious workers of groups recognized as confessional communities or associations must apply for a general immigrant visa that is not employment or family based, and is subject to a quota.  The government requires a visa for visitors from non-visa waiver countries or individuals who would stay beyond 90 days, including religious workers of confessional communities or associations.  Foreign religious workers belonging to religious societies do not require visas for either shorter visits or stays beyond 90 days.  Religious workers from Schengen or European Union-member countries are exempt from all visa requirements.

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

Government Practices

According to the 2018 report on the country by the international NGO Freedom House, many minority religious groups stated the legal division of religious groups into three categories impeded their claims for recognition and “demoted them to second- or third-class status.”

On November 20, parliament enacted a law providing for financial support for the costs of preschools to the provinces, which included an obligation for provincial governments to ban headscarves for children in preschools.

The government continued to implement the ban on the wearing of full-face coverings in public that went into effect in October 2017.  According to data from the interior ministry, authorities filed charges in 96 cases during the year:  62 in Vienna, 11 in Lower Austria, eight in Upper Austria, five in Styria, four in Tyrol, three in Salzburg and one each in Carinthia, Vorarlberg, and Burgenland.  Because authorities did not file charges when persons paid fines immediately, there were an unspecified number of additional cases in which police enforced the law.  A woman fined in October 2017 for covering her face while bicycling told the press she would appeal to the Administrative Court; however, by year’s end, there were no official reports of legal challenges to the ban.

Citing the ban on face coverings as well as the prohibition on foreign funding of mosques, the 2018 Freedom House report lowered its rating of the country from four to three on a scale of four in the category of freedom to practice and express religious faith or nonbelief.

In October the European Court of Human Rights (ECHR) rejected a plea by a woman challenging her 2011 conviction by a Vienna court, later upheld on appeal, for blasphemy against the Prophet Muhammad in 2009.  The ECHR found that insulting the Prophet Muhammad “goes beyond the permissible limits of an objective debate” and “could stir up prejudice and put at risk religious peace.”  The ECHR stated the Austrian courts had “carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected.”

The government continued to deny funding for pastoral care the IGGIO provided to Muslims in prison.  Only the Roman Catholic Church received government funding for pastoral care in prisons pursuant to the law covering relations between the government and the Catholic Church.

On November 22, the government coalition parties introduced a bill stipulating a ban of headscarves for children, 10 and under, in elementary schools.  The bill was referred for discussion to the parliamentary education committee and at year’s end was still pending debate.  The IGGIO called the proposed ban a “symbolic” and “diversionary tactic” that would open the door to a general ban on headscarves in public.

Some Scientologists and representatives of the Unification Church continued to state the Federal Office of Sect Issues and other government-associated entities fostered societal discrimination against religious groups not registered as religious societies or confessional communities.  The office offered advice to persons with questions about groups that it considered “sects” and “cults,” including the Scientologists and members of the Unification Church.  The office was nominally independent but government-funded, and the minister for women, family and youth both appointed and oversaw its head.

A counseling center in Vienna managed by the Society Against Sect and Cult Dangers, an NGO that described itself as an organization working against harm caused by “destructive cults” such as Scientology, continued to distribute information to schools and the general public and provide counseling for former members of such groups.  According to the website of the society’s founder, Friedrich Griess, the society received funding from the government of Lower Austria.  The society reportedly also received support from the city of Vienna.  Several other provinces funded family and youth counseling offices that provided information on “sects and cults,” which members of some minority religious groups, such as Scientologists or the Unification Church, stated were negatively biased.

In June the government completed an investigation of several mosques of the Arab Cultural Community over allegations the mosques preached extremist teachings and concluded the allegations were unfounded.  Mosques of the Arab Cultural Community had been operating outside the auspices of the IGGIO, despite a 2015 law requiring they incorporate under the IGGIO as an umbrella organization.  The government allowed the mosques to continue operations under the IGGIO.

In July the governor of Lower Austria rejected proposals by the provincial councilor for animal protection to reduce kosher and halal slaughtering in the province to an “as-needed” basis.  The councilor had sought a list of the Jews and Muslims in the province to determine the amount of halal and kosher meat required to meet demand.  The Jewish and Islamic communities had previously voiced concerns about the proposal and said they would not provide any lists of their members.  The governor stressed that the government would not require any registrations of persons intending to buy kosher or halal meat.

In August FPOe deputy party leader Johann Gudenus announced the government would draft a law specifically targeting “political Islam” as an illegal political activity and an “abuse of religion.”

Also in August, a decree by the Ministry of Social Affairs provided for stricter controls against illegal ritual slaughtering.  The decree included stricter monitoring of farmers who sold sheep to private persons, a practice which primarily affected Muslims.  Muslim groups stated the existing provisions to prevent illegal slaughter were sufficient, and criticized the decree as a populist measure.

The government continued to apply a policy of banning headwear in official identification documents, with an exception for religious purposes as long as the face was sufficiently visible to allow for identification of the wearer.

On December 11, parliament adopted an amendment to existing law banning certain symbols, including the symbols of ISIS and al-Qaida-affiliated groups.  The amendment, scheduled to enter into force in March 2019, expanded the ban to include symbols of other groups the government considered extremist, including the Muslim Brotherhood.  Interior Minister Herbert Kickl said the law was a clear sign of the country’s zero tolerance policy towards extremist groups, including those professing religious extremism.

The international NGO Anti-Defamation League conducted teacher-training seminars on Holocaust awareness with Austrian schools, reaching approximately 100 teachers.  In addition, provincial school councils and the education ministry invited Holocaust survivors to talk to school classes about National Socialism and the Holocaust.

The counseling office for extremism prevention of the Ministry of Women, Family and Youth cooperated with the IGGIO to conduct training courses for imams on community work and prevention of extremism, including promoting religious tolerance.

Education Minister Heinz Fassmann, as well as Catholic, Lutheran, and Jewish representatives, attended an IGGIO-hosted iftar in May to express support for the Muslim community.

In February Lower Austrian FPOe politician Udo Landbauer resigned as his party’s top candidate in the Lower Austrian elections and from all party functions following revelations of anti-Semitic lyrics mocking the Holocaust in a 1997 songbook of the fraternity Germania zu Wiener Neustadt, of which Landbauer was chairman.  He remained a candidate, but lower down on the party’s list.  In November Landbauer returned to the Lower Austrian FPOe as its acting chairman and acting floor leader in the provincial legislature.  The Viennese weekly Falter reported that Herwig Gotschober, FPOe District Councilor in Vienna-Leopoldstadt and press officer to Transport Minister Norbert Hofer, was chairman of another fraternity, Bruna Sudetia, that also used a songbook containing anti-Semitic lyrics.  Following public controversy over the Germania zu Wiener Neustadt songbook, the FPOe formed a commission of historians in 2017 to examine the party’s history and its past connections to National Socialism, including an analysis of its past party platforms.  The party said the commission would include experts from Israel and the United States.  At year’s end the party had not released any details on the composition of the commission or its work.

Jewish and Muslim community members and NGOs expressed concern over the participation of the FPOe in the coalition government with the People’s Party (OeVP).  For example, IKG Vienna President Oskar Deutsch continued to describe the FPOe as an anti-Semitic party and expressed concern about its attempts to appeal to Jewish voters by rebranding itself as anti-Muslim.  In a November FPOe Facebook video on the introduction of photos on social security identification cards, the party alluded to Muslims abusing social services by portraying the persons on the card as “Ali” and “Mustafa,” wearing a fez and displaying a mustache.  Vice Chancellor and FPOe Chairman Strache publicly distanced the party from the video, saying it was “exaggerated,” “provocative,” and “unnecessary.”  He said the charge that foreigners were primarily responsible for abusing social services was overblown.  At the annual ceremony commemorating the liberation of the concentration camp Mauthausen in May, Deutsch referred to charges of 23 anti-Semitic or neo-Nazi incidents among FPOe rank and file since the party became a junior partner in the coalition government in December 2017.  In January the FPOe ran a campaign with posters entitled “Muhammad – Rank 3 of Baby Names in Vienna – Any More Questions?”  The NGO Mauthausen Committee, a group commemorating victims of Nazi concentration camps, concluded FPOe’s campaign represented anti-Muslim racism, since it engendered fear of Muslims.

In December 2017, the coalition government announced a program, “Together.  For our Austria,” that pledged to engage, including internationally, to prevent the persecution of religious minorities and combat ideological and religious extremism.  The program included a suggestion to include new provisions in the criminal statute to combat violence motivated by religious fundamentalism.  It reiterated the country’s commitment to religious freedom, while also highlighting what it described as the need to combat “political Islam” and the dangers of radicalization, anti-Semitism, violence, and terrorism.  It defined political Islam as an ideological rejection of the country’s modern constitutional state that sought the Islamization of political and social life.  Specific proposals to prevent radicalization include limiting foreign financing of religious organizations, monitoring and potentially closing private Islamic schools not complying with legal requirements, and entrusting law enforcement with the authority to close places of worship that supported terrorism.

In June the Mauthausen Committee published a report linking the FPOe with right-wing extremism.  The report stated extremist activities of FPOe politicians had increased, citing 68 incidents occurring in the four and a half years before the 2017 parliamentary elections, compared with 38 incidents in the six months after those elections.  According to the report, of the 38 cases, 14 were connected with anti-Semitism and eight involved FPOe leaders or members of the federal government.

For example, in March the FPOe Party Chairman of Imst District, Wolfgang Neururer, sent images of Adolf Hitler to FPOe members on social media, with one of the pictures captioned, “Adolf, please show up!  Germany needs you!”  The public prosecutor in Innsbruck was investigating Neururer and another FPOe Party official in Imst.  In January the FPOe appointed Heinrich Sickl to the Graz municipal council.  Sickl, according to the Mauthausen report, was co-editor of Aula, a publication that disseminated anti-Semitic content.  The report added that two other FPOe politicians, Members of Parliament Axel Kassegger and Wendelin Molzer, held leadership positions in Aula.  In response, on June 8, Sickl, who was also head of the FPOe’s Styrian association of university graduates, announced Aula would cease publication as of June.  Following the closure of Aula, the party’s Styrian chapter founded a new publication called “Freilich” under Sickl’s leadership and released its first issue in December.

During the year, according to the Mauthausen report, FPOe District Councilor in Vienna-Leopoldstadt and diplomat, Jurgen-Michael Kleppich, was recalled from the Austrian Embassy in Israel after he posted a picture on social media of his grandfather in a Nazi uniform.  According to the report, Robert Kiesinger, a consultant at the FPOe educational institute, posted a cover page of a Nazi calendar from 1943 as his Easter greeting on social media.  The calendar showed a “life rune,” a banned Nazi symbol.

The police continued to provide extra protection to the Vienna Jewish community’s offices and other Jewish community institutions such as schools and museums.  Law enforcement authorities stated the government provided the protection due to general concerns over the potential for anti-Semitic acts against Jewish institutions.

In November Chancellor Sebastian Kurz hosted a high-level conference on “Europe beyond Anti-Semitism and Anti-Zionism – Securing Jewish Life in Europe” in Vienna.  The event brought together leaders from Europe and the Jewish community on both sides of the Atlantic and focused on concrete measures to combat anti-Semitism, including providing better physical security for Jewish communities, and reinforcing legislation and improving education to combat anti-Semitism.

On November 19, Interior Minister Kickl hosted a conference in the context of Austria’s EU Council presidency on values, rule of law, and security in response to anti-Semitic threats.  Kickl warned against “the new intensity of anti-Semitic threats in Europe … triggered by political Islam,” and pledged to expand protection of Jewish facilities in the country.

In December, at the conclusion of the country’s EU Council presidency, the council adopted a declaration on the fight against anti-Semitism and the development of a common security approach to protect Jewish communities and institutions.  The declaration included calls on member states to adopt a “holistic strategy” to fight all forms of anti-Semitism; endorse the working definition of anti-Semitism of the International Holocaust Remembrance Alliance; take measures against hate crimes and incitement to hatred and violence against Jews; emphasize Holocaust education for all; introduce training about intolerance and anti-Semitic prejudice in schools and vocational and integration programs; and increase efforts to ensure the security of Jewish persons and institutions.  Yad Vashem Chairman Avner Shalev thanked Chancellor Kurz for his “personal efforts” leading to the adoption of the declaration.

On a June trip to Israel, Chancellor Kurz said, “We Austrians know that in light of our own history, we have a special responsibility toward Israel and the Jewish people.  I can assure you that Austria will fight all forms of anti-Semitism in Europe with determination, be it the still-existing one or also new imported anti-Semitism.”  Kurz also called for Holocaust education and spoke against anti-Semitism at a press conference in Berlin in March with German Chancellor Angela Merkel.

In February Education Minister Heinz Fassmann (OevP) stressed the country’s commitment to pursue a policy of zero tolerance toward anti-Semitism at the “An End to Antisemitism!” conference in Vienna.  The European Jewish Congress organized the conference, held at the University of Vienna, in collaboration with the University of Tel Aviv and New York University.

On January 8, Foreign Minister Karin Kneissl (FPOe) spoke to the newspaper Kurier and expressed concern over what she said was rising Islamist-based anti-Semitism in Europe, pledging to work against it.

FPOe Party Chairman Vice-Chancellor Heinz Christian Strache repeatedly called for zero tolerance for anti-Semitism or the glorification of Nazism.  For example, he issued a statement on November 9, commemorating the 80th anniversary of the 1938 Kristallnacht Nazi pogroms against Jews.  He called for zero tolerance again in a Facebook message on the eve of the right-wing “Akademikerball” party in February.  In a speech commemorating the 100th anniversary of the Republic of Austria in November, Strache termed the National Socialist era as the “darkest chapter in Austria’s history,” which had resulted in terrible suffering of human beings, and warned that everything must be done to prevent a reoccurrence.

In March President Alexander Van der Bellen gave a speech during the commemoration of the 80th anniversary of the Nazi German annexation of the country.  Van der Bellen said Austrians “were not only victims, but also perpetrators, often in leading positions” during German occupation.  He added, “The German Wehrmacht came overnight.  But the contempt for human rights and democracy did not come overnight,” and that support for Nazism and anti-Semitism in the country existed before 1938.  At the same event, Chancellor Kurz said, “We must never forget this dark chapter of our history” and pledged the government would create a new memorial commemorating more than 65,000 Austrian Jews killed during the Holocaust.  In an October visit to the historic Waehring Jewish cemetery in Vienna’s 18th district, Kurz said the government would provide support to restore the cemetery.  The cemetery was closed at the end of the 19th century and partly destroyed during the National Socialist era.

The government continued to refuse residence permits for foreign imams financed by foreign sources.

In October, referring to the killing of Saudi journalist Jamal Khashoggi at the Saudi Arabian Consulate General in Istanbul, the three opposition parties, the Social Democrats, NEOS, and List Pilz/Jetzt, questioned the legitimacy of the Vienna-based King Abdullah International Center for Interreligious and Intercultural Dialogue (KAICIID).  They criticized what they described as the deterioration of the human rights situation in Saudi Arabia over the previous two years.  Liste Pilz/Jetzt called for the center to close.  Foreign Minister Kneissl rejected the calls for closure of KAICIID, stating the government could not “just close an international organization,” but adding that her ministry would “closely monitor reforms of the center to reach progress in interreligious dialogue.”

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

According to the interior ministry, there were 39 anti-Semitic and 36 anti-Muslim incidents reported to police in 2017, the most recent year for which statistics were available, compared with 41 and 28 incidents, respectively, in 2016.  The majority of cases involved hate speech on the internet by neo-Nazis, as well as instances of persons giving the Hitler salute or shouting Nazi slogans.

The IGGIO’s Documentation Center on Islamophobia and Anti-Muslim Racism stated the number of reports of anti-Muslim incidents it received had been increasing since it began collecting such statistics in mid-2014.  It received reports of 540 anti-Muslim incidents during the year, a 75 percent increase over the 309 reports in 2017, which represented a 22 percent increase over 2016.  The center attributed the increase in reported incidents in part to its higher public profile.  More than half of the incidents in 2018 occurred online.  Other incidents included verbal abuse and anti-Muslim graffiti.  According to the center, in 2017, as in previous years, 98 percent of all incidents were directed against women.  Of the total in that year, 30 percent of cases involved hate speech, and 28 percent verbal aggression.  Others included discrimination and graffiti.  The center stated it believed a large number of cases were related to tensions during the 2017 national parliamentary election campaign, where the European migration crisis was a contentious topic of debate.

The IKG’s Forum Against Anti-Semitism did not yet have figures for anti-Semitic incidents reported during the year to compare with the 503 incidents it recorded in 2017.

A report from the NGO Initiative for Discrimination-Free Education listed a total of 172 cases of discrimination in schools in 2017 and attributed 50 percent of these cases to “Islamophobia.”  The report cited multiple incidents of discrimination in the school system, including disparaging comments and unfair treatment from educators towards Muslim students.  Many involved charges of discrimination against female students for their use of a headscarf.  One student said a teacher insulted her for attempting to use a modest “burkini” swimsuit during mandatory swim classes.  In another case, a parent complained that a teacher assumed her child did not speak German adequately because she wore a headscarf.

In 2017, the government recorded 867 cases of incitement to hatred based on national origin, race or religion, and 108 convictions, up from 672 cases and 55 convictions in 2016.  The government did not provide any information on how many of the cases involved religion.

In December the European Union’s Agency for Fundamental Rights (EU-FRA) released its second survey of Jewish experiences and perceptions of anti-Semitism.  EU-FRA targeted Jewish populations through community organizations, Jewish media, and social networks; 526 individuals who identified themselves as Jewish residents of Austria responded to the online survey.  Twenty-two percent said they had witnessed other Jews being physically attacked, insulted, or harassed in the previous 12 months, and 28 percent reported being harassed over the same period.  One-fifth of respondents said they had felt discriminated against because of their religion or belief; 75 percent thought anti-Semitism had increased over the previous five years.

In May Croats and Bosniaks gathered in Bleiburg for an annual commemoration of Nazi-allied Croatian troops and civilians killed in 1945.  Three Austrian Members of the European Parliament from the People’s, Social Democratic, and NEOS Parties, Othmar Karas, Josef Weidenholzer, and Angelika Mlinar, stated at a press conference in Vienna the commemoration should not be held in its current format, because it was used as a platform for extremists for the fascist Ustashe movement and its symbols.  Raimund Fasten of the Austrian Jewish community joined the press conference and said the Bleiburg commemoration was “an outrageous provocation” for the Jewish community.  Peter Kaiser, Governor of Carinthia Province, where Bleiburg is located, called the commemoration “an extremist event.”

In June the state court in the southern city of Klagenfurt handed down a 15-month suspended sentence to a Croatian man on charges of the glorification of Nazi ideology for giving a Nazi salute during the Bleiburg commemoration.

In August the public prosecutor in the Province of Burgenland launched investigations of five students who allegedly played Nazi guards as part of coursework designed to teach them about the risks of indoctrination.

In several postings on Facebook throughout the year, a Lower Austrian woman denounced Muslims, calling them, for example, “human trash.”  A court in Lower Austria convicted her of incitement in September and gave her a nine-month partially suspended prison sentence.

Also in March, the Vienna criminal court convicted a former physician of glorifying Nazi crimes and sentenced him to a one-and-a-half year suspended prison sentence.  The man had posted speeches by Adolf Hitler on Facebook between October 2015 and January 2016.

In March a court in the Lower Austrian town of Krems convicted a 66-year-old prison inmate of neo-Nazi activity for writing letters while in prison to government officials in 2016-17, denying the existence of gas chambers in Nazi concentration camps.  The court sentenced the man to a four-year suspended prison sentence and ordered his transfer to an institution for mentally ill criminals.

In February the FPOe failed to prove in court its charges that the Muslim Youth of Austria (MJOe) was an Islamist organization.  The court ordered the FPOe to pay MJOe court costs.

Fourteen Christian groups, among them the Roman Catholic Church, various Protestant denominations, and eight Orthodox and Old Oriental Churches, continued to meet within the Ecumenical Council of Churches in Austria.  Baptists and the Salvation Army had observer status on the council.  The council met twice a year.  There were two permanent working groups on “Religion and Society” and “Media.”  Activities included joint religious services, for example on the “Day of Jewry” in January, and joint charitable activities.

The U.S. Ambassador, Charge d’Affaires, and other embassy representatives met regularly with government officials, including from the Department for Integration and Division of Dialogue of Cultures at the Ministry of Foreign Affairs and the Ministry of Interior, to discuss religious freedom.  Topics discussed included the concerns of religious groups, integration of Muslim refugees, cooperation with religious groups in combating terrorism, and measures to combat anti-Semitism and anti-Muslim sentiment.

The Ambassador met with religious group representatives, such as the leadership of the IGGIO, IKG, Roman Catholic Church, Lutheran Church, and various Orthodox Churches, to discuss their relations with the government, instances of discrimination, and interreligious dialogue.  The embassy also met with youth groups of religious organizations to discuss issues such as anti-Semitism and anti-Muslim sentiment.

The embassy continued to engage with and support the Jewish community to promote religious tolerance and combat anti-Semitism.  Embassy representatives again participated in the International Advisory Board of the Mauthausen Memorial Agency to promote remembrance of the Holocaust and Holocaust education and advocated continued efforts of the agency to pursue increased outreach to combat anti-Semitism among youth, such as by encouraging more school groups to visit the Mauthausen site.

The embassy supported the first ever Muslim-led initiative to counter anti-Semitism in the country.  The initiative, led by the MJOe, headed by three former participants of Department of State-sponsored exchange programs, conducted a series of events, roundtables, and visits to Auschwitz for MJOe members.  The MJOe worked closely with the Jewish community and the Jewish museum to foster dialogue and promote awareness among Muslim youth.

The embassy Charge d’Affaires and the Charge d’Affaires of the U.S. Mission to the Organization for Security and Cooperation in Europe, headquartered in Vienna, as well as the Charge of the U.S. Mission to the United Nations in Vienna, attended the commemoration of the liberation of the Mauthausen concentration camp in May.  The embassy’s Charge d’Affaires stressed the importance of religious freedom, and that the liberators of Mauthausen helped end the notion that one person is better than another because of his or her religion.

The U.S. government estimates the total population at 10 million (July 2018 estimate).  According to 2011 data from the SCWRA, 96 percent of the population is Muslim, of which approximately 65 percent is Shia and 35 percent Sunni.  Groups that together constitute the remaining 4 percent of the population include the Russian Orthodox Church; Georgian Orthodox Church; Armenian Apostolic Church; Seventh-day Adventists; Molokans; Roman Catholic Church; other Christians, including evangelical Christians and Jehovah’s Witnesses; Jews; and Baha’is.  Other groups include the International Society of Krishna Consciousness and those professing no religion.

Christians live mainly in Baku and other urban areas.  Approximately 15,000 to 20,000 Jews live in Baku, with smaller communities throughout the country.

Legal Framework

The constitution stipulates the separation of state and religion and equality of all religions and all individuals regardless of belief.  It protects freedom of religion, including the right of individuals to profess, individually or together with others, any religion, or to profess no religion, and to express and spread religious beliefs.  It also provides for the freedom to carry out religious rituals, provided they do not violate public order or public morality.  The constitution states no one may be required to profess his or her religious beliefs or be persecuted for them; the law prohibits forced expressions or demonstrations of religious faith.

The law requires religious organizations – termed “associations” in the country’s legal code and encompassing religious groups, communities, and individual congregations of a denomination – to register with the government through the SCWRA.  The SCWRA manages the registration process and may appeal to the courts to suspend a religious group’s activities.  A religious community’s registration is tied to the physical site where the community is located, as stated in its application.  A subsequent move or expansion to other locations requires reregistration.  Registration allows a religious organization to hold meetings, maintain a bank account, rent property, act as a legal entity, and receive funds from the government.

To register, a religious organization must submit to the SCWRA a notarized application signed by at least 50 of its members, a charter and founding documents, the names of the organization’s founders, and the organization’s legal address and bank information.

By law, the government must rule on a registration application within 30 days, but there are no specified consequences if the government fails to act by the deadline.  Authorities may deny registration of a religious organization if its actions, goals, or religious doctrine contradicts the constitution or other laws.  Authorities may also deny registration if an organization’s charter and other establishment documents contradict the law or if the information provided is false.  Religious groups may appeal registration denials to the courts.

The Caucasus Muslim Board (CMB) is registered by the SCWRA as a foundation and oversees the activities of registered Islamic organizations, including training and appointing clerics to lead Islamic worship, periodically monitoring sermons, and organizing pilgrimages to Mecca.  Muslim communities must receive an approval letter from the CMB before submitting a registration application to the SCWRA.

The law bans activities by unregistered religious groups, which are punishable by fines or imprisonment.

While the law prohibits the government from interfering in the religious activities of any individual or group, there are exceptions for suspected extremist or other illegal activity.  The law states government entities and citizens have rights and responsibilities to combat “religious extremism” and “radicalism,” referring to other criminal, administrative, and civil provisions of the law in prescribing punishments.  The law defines religious extremism as behavior motivated by religious hatred, religious radicalism (described as believing in the exceptionalism of one’s religious beliefs), or religious fanaticism (described as excluding any criticism of one’s religious beliefs).  According to the law, this behavior includes forcing a person to belong to any specific religion or to participate in specific religious rituals.  It also includes activities seeking to change by force the constitutional structure of the country’s government, including its secular nature, or setting up or participating in illegal armed groups or unions, and engaging in terrorist activities.  The law penalizes actions that intend to change the constitutional order or violate the territorial integrity of the country on the grounds of religious hatred, radicalism, or fanaticism, with prison terms from 15 years to life.

The law also specifies circumstances under which religious organizations may be dissolved, including if they act contrary to their founding objectives; cause racial, national, religious, or social animosity; or proselytize in a way that degrades human dignity or contradicts recognized principles of humanity, such as “love for mankind, philanthropy, and kindness.”  Other grounds for dissolution include hindering secular education or inducing members or other individuals to cede their property to the organization.

The law allows foreigners invited by registered religious groups to conduct religious services, but it prohibits citizens who received Islamic education abroad from leading religious ceremonies unless they have received special permission from the CMB.  Penalties for violating the law include up to one year’s imprisonment or fines from 1,000 manat ($590) to 5,000 manat ($2,900).  A longstanding agreement between the government and the Holy See allows foreigners to lead Catholic rituals.

The law restricts the use of religious symbols and slogans to inside places of worship.

According to the law, the SCWRA reviews and approves all religious literature for legal importation, sale, and distribution.  Punishment for the illegal production, distribution, or importation of religious literature can include fines ranging from 5,000 to 7,000 manat ($2,900 to $4,100) or up to two years’ imprisonment for first offenses, and fines of 7,000 to 9,000 manat ($4,100 to $5,300) or imprisonment of between two and five years for subsequent offenses.  There is no separate religious component in the curriculum of public or private elementary or high schools; however, students may obtain after-school religious instruction at registered institutions.  Students may take courses in religion at higher educational institutions, and the CMB sponsors some religious training abroad.  Individuals wishing to participate in state-supported religious education outside the country, whether supported by the national or foreign governments, must obtain permission from, or register with, the SCWRA or the Ministry of Education.  If religious education abroad is not supported by the national or foreign governments, individuals are not required to obtain advance permission from authorities.  Individuals who pursue foreign government-supported or privately funded religious education abroad without permission from the government are not allowed to hold official religious positions, preach, or lead sermons after returning to the country.

Although the constitution allows alternative service “in some cases” when military service conflicts with personal beliefs, there is no legislation permitting alternative service, including on religious grounds, and refusal to perform military service is punishable under the criminal code with imprisonment of up to two years or forced conscription.

The law stipulates the government may revoke the citizenship of individuals who participate in terrorist actions; engage in religious extremist actions; undergo military training abroad under the guise of receiving religious education; propagate religious doctrines in a “hostile” manner, which the law does not further define; or participate in religious conflicts in a foreign country under the guise of performing religious rituals.

According to the constitution, the law may restrict participation of “religious officials” in elections and bars them from election to the legislature.  By law, political parties may not engage in religious activity.  The law does not define “religious officials.”  The law prohibits religious leaders from simultaneously serving in any public office and in positions of religious leadership.  It proscribes the use of religious facilities for political purposes.

The constitution prohibits “spreading of propaganda of religions humiliating people’s dignity and contradicting the principles of humanism,” as well as “propaganda” inciting religious animosity.  The law also prohibits threats or expressions of contempt for persons based on religious belief.

The law prohibits proselytizing by foreigners but does not prohibit citizens from doing so.  In cases of proselytization by foreigners and stateless persons, the law sets a punishment of one to two years in prison.

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

Government Practices

In July a resident attacked and wounded the then mayor of the city of Ganja, and subsequently another local assailant stabbed two police officers to death during a related demonstration against local government authorities.  In response to these events, security forces conducted operations in the cities of Ganja, Shamkir, Sumgait, and Baku that resulted in the arrest of more than 60 individuals and the deaths of five.  The government said the individuals were part of a Shia Muslim “extremist conspiracy” to destabilize the country, and that those killed had resisted arrest.  The Muslim Unity Movement and other civil society activists disputed the government’s recounting of the events and stated the five individuals whom security forces killed had not resisted arrest, and that security forced targeted them.

On April 30, family members of imprisoned deputy head of the Muslim Unity Movement Abbas Huseynov said that several days prior, Huseynov had been severely beaten by prison authorities and left chained in an isolation cell for three days.  He was subsequently chained to an iron post in the prison yard and exposed to the elements from morning until night on May 10.  This followed media and human rights lawyers’ allegations in August 2017 of Huseynov’s torture in the same prison.  Authorities denied the allegations.

Authorities continued to arrest and incarcerate individuals with links to Islamic groups, such as the Muslim Unity Movement, that they asserted mix religious and political ideology.  Charges against these individuals included drug possession, incitement of religious hatred, terrorism, and attempted coup d’etat.  Human rights defenders stated the charges were pretexts, and the incarcerations were meant to prevent political activity by Islamic groups.  According to data collected by the Working Group on a Unified List of Political Prisoners in Azerbaijan and other NGOs, the estimated number of religious activists incarcerated at the end of the year was 68, compared with 80 in 2017.

On February 13, the Garadag District Court in Baku added two and one-half months to the 20-year prison term of Muslim Unity Movement leader Taleh Bagirzada for possession of the Quran and religious music on electronic media in his prison cell.

On March 6, the Baku Grave Crimes Court found Muslim Unity Movement activist Ahsan Nuruzade guilty of drug possession and sentenced him to seven years in prison.  On April 8, the Baku Court of Appeal upheld the verdict.  Nuruzade and others in civil society stated authorities prosecuted him for criticizing the government and publicly supporting the imprisoned leadership of the Muslim Unity Movement.

On July 14, the Baku Court on Grave Crimes sentenced Muslim Unity Movement members Ebulfez Bunyadov to 15 years’ imprisonment and Elkhan Isgandarov to 14 years on charges that included inciting religious hatred and terrorism.  The Baku Court of Appeals upheld the verdicts on September 26.  Activists stated the court convicted the two for their affiliation with the Muslim Unity Movement at the time of the 2015 police operation in the village of Nardaran against Taleh Bagirzada, Abbas Huseynov, and 16 other members of the Muslim Unity Movement.

On March 1, the Supreme Court rejected the appeals of Muslim Unity Movement leader Taleh Bagirzada as well as Abbas Huseynov and 16 others on charges stemming from the 2015 police raid in Nardaran to disrupt alleged planning for a coup.  Human rights defenders said authorities ordered the operation and subsequent sweeping arrests to prevent the spread of Islamic political activism in the country.  On April 4, the Baku Court of Appeals upheld the December 2017 conviction of 12 other members of the Muslim Unity Movement in a related case.  Human rights defenders stated the government fabricated all charges in the cases to halt the spread of an Islamic political opposition in the country.

On February 13, the Supreme Court upheld the verdicts of the Masalli District Court and the Shirvan Court of Appeal sentencing theologian Sardar Babayev to three years in prison for performing Namaz (ritual prayers) after having studied Islam outside the country.  He was the only individual ever prosecuted under this law.  Following Babayev’s arrest, parliament passed legislation allowing the CMB, the same body that had originally appointed him as imam in Masalli and whose members all received religious education outside Azerbaijan, to waive the law’s requirements for specific individuals.

On December 20, the Khazar District Court sentenced Telman Shiraliyev to an additional five months and 18 days in prison for alleged possession of a weapon in his prison cell.  Prosecutors filed the new charge days before the conclusion of his six-year prison term for protesting against a ban on schoolgirls wearing headscarves.  Human rights defenders said the new charge was fabricated by authorities to prevent Shiraliyev’s release.

Jehovah’s Witnesses reported the government continued to withhold alternative military service to conscientious objectors despite being required to do so by the constitution.  On July 6, the Barda District Court convicted Jehovah’s Witness Emil Mehdiyev for criminal evasion of military service and sentenced him to one year of probation.  On September 6, the Agdam District Court convicted Jehovah’s Witness Vahid Abilov on the same charge and also sentenced him to one year of probation.

Jehovah’s Witnesses reported that in January, 10 police officers raided a home in Lankaran where several families of Jehovah’s Witnesses were gathered.  According to the Jehovah’s Witnesses, police believed the meeting was religious in nature, but it was actually a social gathering.  Police searched the home, seized personal literature, and took statements from those present.  Authorities required the men to report to a police station to give their statements while they took statements from the women at their homes.

On April 5, authorities released three individuals – Tarlan Agadadashov, Rovshan Allahverdiyev, and Ilham Hatamov – who participated in a 2012 protest seeking to abolish the ban on wearing the hijab in secondary schools who completed their six-year term of imprisonment.  On May 24, authorities pardoned and released Davud Kerimov and Elshad Rzayev for their participation in the same protest.

Unregistered Muslim and non-Muslim religious groups considered nontraditional by the government reported authorities continued to impede their activities and subject them to harassment and fines.  Some Protestant leaders reported their continued inability to obtain legal registration prevented them from openly conducting worship services or advertising their locations to bring in new members.  Leaders of unregistered home-based churches continued to report they kept their activities discreet to avoid unwanted attention from the authorities.

On January 17, police and SCWRA officials raided the shop of Ruhiyya Mehdiyeva in Baku’s Sabunchu District and seized 400 unapproved religious books.  On February 1, the Sabunchu District Court found Mehdiyeva guilty of disseminating unauthorized religious materials and fined her 2,000 manat ($1,200).

On January 28, Ganja police raided the home of Adalat Sariyev during a meeting of 100 members of the unregistered Star in the East Pentecostal Church.  Police dispersed those present but did not file charges.

Numerous religious communities continued to report frustration at the requirements for government registration.  Many groups, including Baptist communities in Zagatala and Baku, complained the government requirement to have a minimum of 50 members to register was unreasonable.

Some religious community leaders also reported the SCWRA continued its policy of applying pre-2009 registration status for such communities only to the physical structures mentioned in their pre-2009 registration forms.  While the SCWRA continued to state the religious activities of these communities in locations not covered under their pre-2009 registration status was prohibited, it occasionally granted exceptions upon request.

The SCWRA reported it continued to provide letters authorizing previously registered communities to operate, based on their pre-2009 registration.  Some of the religious communities unable to reregister reported police did not accept SCWRA letters as evidence of prior registration and stated only communities listed on the SCWRA website as currently registered were allowed to operate.

On November 8, the SCWRA reregistered the Baku community of Jehovah’s Witnesses.

During the year, the SCWRA registered 90 religious communities, of which 86 were Muslim and four Christian.  The total number of registered communities at the end of the year was 909, of which 32 were non-Muslim:  21 Christian, eight Jewish, two Baha’i, and one the International Society of Krishna Consciousness.  The SCWRA also reported 2,250 mosques, 14 churches, and seven synagogues were registered.

On March 27, President Ilham Aliyev allocated 6.1 million manat ($3.59 million) to the newly established Moral Values Promotion Foundation (MVPF), under the purview of the SCWRA.  Created in October 2017, the MVPF institutionalizes the payment of salaries for imams and other mosque staff who previously subsisted primarily from local community donations.  The tax-free allowance ranged from 200 to 400 manat ($120-$240) depending on position, and the MVPF began disbursements in May.

On February 9, President Aliyev issued an executive order to establish the Azerbaijan Institute of Theology under the SCWRA.  The institute was intended to gradually replace the Baku Islamic University, which operated under the purview of the CMB since 1991.  Experts stated the establishment of the MVPF and the Institute of Theology signified a diminishment of the authority of the CMB and a tightening of SCWRA control over the Islamic education and practice in the country.

In February the SCWRA prohibited publication of the book Things Not Existing in Islam by Muslim theologian Elshad Miri, which enumerated ideas and practices alleged to have no theological basis in Islam, such as the use of magic and child marriage.  The SCWRA stated the book could have a negative influence on religious stability in the country and thus was not suitable for publication.  Miri submitted a legal challenge to the prohibition, and on September 18, a Baku court ruled in favor of the SCWRA and prohibited publication of the book.

The SCWRA reported that in the first half of the year, it prohibited the importation of 19 books out of 483, and the publication of 22 books out of 104.

On January 31, the Constitutional Court informed Baptist Pastor Hamid Shabanov that it would not consider the appeal of a 1,500 manat ($880) fine for a 2016 gathering in the village of Aliabad of his unregistered Baptist community.  Human rights defenders stated there were multiple violations of law and process in the case, such as the court’s failure to provide a Georgian language interpreter and requiring Shabanov to sign documents he could not read.

The SCWRA announced on its website that on April 23 it raided a home mosque in Baku’s Qaradag District in a joint operation with the State Security Service and local police.  In its statement, the SCWRA noted its concern about youth participation in the unauthorized gathering.

On September 17, regional officials of the State Committee for Work with Religious Organizations, officers of the State Security Service secret police, and officials of unspecified other state agencies raided the home of Vugar Mammadov in Agsu.  Officials found Mammadov and two guests, Rauf Majidov and Qanbar Zeynalov, meeting for religious purposes.  Officials then charged them for violating legislation on holding religious meetings, marches, and other religious ceremonies.  On September 21, Judge Tahir Ismayilov of Agsu District Court found all three individuals guilty.  The court fined Zeynalov 2,000 manat ($1,200) and fined the two guests 1,700 manat ($1,000) and 1,500 manat ($880).

On August 6, Sheki District Court fined Samad Alikhanov 2,000 manat ($1,200) for offering religious literature for sale without state permission.  Alikhanov appealed his fine to Sheki Appeal Court, but Judge Rafail Aliyev rejected the appeal on September 4.

On March 6, Judge Arif Ismayilov of Zaqatala District Court fined Adil Zinkiyev 1,750 manat ($1,000) for offering 19 religious and historical books and 16 pamphlets for sale outside a mosque in the village of Car on February 16.  The Islamic publications were in Avar, Russian, and Arabic; had not undergone the compulsory state censorship; and were not marked with the required State Committee sticker.  Zinkiyev appealed the fine, but on May 18, Judge Rafail Aliyev of Sheki Appeal Court rejected the appeal.

On April 12, President Aliyev attended the opening of the new Haji Javad Mosque in Baku that was constructed to replace the mosque of the same name demolished by authorities in July 2017 to construct a new road.  Prior to demolition, a group of Muslim practitioners had unsuccessfully attempted to prevent the government’s action.

On June 11, President Aliyev signed a decree allocating one million manat ($588,000) to the CMB for the needs of Muslim communities, and 250,000 manat ($147,000) each to the Baku Diocese of the Russian Orthodox Church and the religious community of Mountain Jews.  The decree also allocated 100,000 manat ($58,800) each to the European Jewish community, the Albanian-Udi community, and the Catholic Church of Baku.

Abuses by Foreign Forces and Nonstate Actors

The government did not exercise control over the Nagorno-Karabakh region.  Some religious groups and NGOs reported continued restrictions on religious activities by the de facto authorities in Nagorno-Karabakh, but information on specific abuses remained unavailable.

Jehovah’s Witnesses reported the de facto authorities allowed them to worship in the region without hindrance but denied them registration as a religious group as well as the right to conscientious objection to military service.

Following the July attack on the then head of the Ganja Executive Committee and subsequent killing of two police officers, government-controlled media outlets published articles supporting the narrative that operations by security forces were needed to prevent Islamic extremism.  The Ganja events and government media campaign spurred debate in social media in which some users questioned the government’s recounting of the facts, stating criminals, not religious radicals, perpetrated them.  Others stated the threat of religious extremism was real and would fill the vacuum created by the government’s clampdown on civil society.

Local experts on religious affairs and civil society representatives stated the country’s historical societal tolerance continued with regard to traditional minority religious groups such as Jews, Russian Orthodox, and Catholics, but many persons viewed groups considered nontraditional, such as Baptists and Jehovah’s Witnesses, with suspicion and mistrust.

The Charge d’Affaires and embassy officers engaged government officials to argue against the criminal prosecution for evasion of military service of Jehovah’s Witnesses who sought alternative service as stipulated in the constitution.  They also expressed concern over incarcerations and fines of religious practitioners.  The Charge d’Affaires and embassy officers met with senior SCWRA, Ministry of Foreign Affairs, and CMB officials and continued to urge the government to address longstanding issues with the registration process for religious groups and the government’s treatment of the religious communities continuing to face difficulties in fulfilling registration requirements, including the Jehovah’s Witnesses, Baptist communities, and other religious minorities.

The Charge d’Affaires and embassy officers met regularly with leaders of Christian, Muslim, and Jewish groups and civil society representatives to continue discussions on religious freedom and obstacles to registration.

The Charge d’Affaires and embassy spokespersons made several public statements encouraging the government and individuals to live up to the country’s history of religious tolerance.  In June the Charge d’Affaires hosted an iftar for local women who had benefited from U.S.-sponsored programs in the southern town of Masalli.  Representatives of the local government, the SCWRA, the CMB, and others also attended the event.  The Charge d’Affaires gave remarks highlighting the important role of women in maintaining and improving religious freedom.

The U.S. government estimates the population at 1.4 million (July 2018 estimate).  Of the total population, citizens number 677,000, according to the local government 2017 statistics, its most recent available estimate.  According to 2017 U.S. estimates, Muslims make up 73.7 percent of the total population, Christians 9.3 percent, Jews 0.1 percent, and others 16.9 percent (Hindus, Baha’is, Sikhs, and Buddhists).

According to the government, the citizen population comprises approximately 45 percent of the total population.  The government does not publish statistics regarding the sectarian breakdown between Shia and Sunni Muslims.  Most estimates from NGOs state Shia constitute a majority (55 to 60 percent) of the citizen population.  Local sources estimate 99 percent of citizens are Muslim, while Christians, Hindus, Baha’is, and Jews together constitute the remaining 1 percent.  According to Jewish community members, there are approximately 36 Jewish citizens, from six families, in the country.

Most of the foreign residents are migrant workers from South Asia, Southeast Asia, Africa, and Arab countries.  Local government estimates report approximately 51 percent of foreign residents are Muslim, 31 percent Hindus, Buddhists, Baha’is, and Sikhs, 17 percent Christians (primarily Roman Catholic, Protestant, Syrian Orthodox, and Mar Thoma from South India), and less than 1 percent Jewish.

Legal Framework

According to the constitution, Islam is the official religion and the state safeguards the country’s Islamic heritage.  The constitution provides for freedom of conscience, the inviolability of places of worship, the freedom to perform religious rites, and the freedom to hold religious parades and religious gatherings, “in accordance with the customs observed in the country.”  The constitution provides for the freedom to form associations as long as these do not infringe on the official religion or public order, and it prohibits discrimination based on religion or creed.  All citizens have equal rights by law.  According to the constitution, all persons are equal without discrimination on the grounds of gender, origin, language, or faith.  The labor law prohibits discrimination in the public sector on grounds of religion or faith.  The law also stipulates recourse through a complaint process to the Ministry of Labor and Social Development to legal bodies in the event of discrimination or dismissal in the work place on the basis of religion.

The constitution guarantees the right to express and publish opinions provided these do not infringe on the “fundamental beliefs of Islamic doctrine,” and do not prejudice the unity of the people, or arouse discord or sectarianism.

Parliament consists of an appointed upper house, the Shura (Consultative) Council, and the elected Council of Representatives (COR) lower house, each with 40 seats.  The country holds parliamentary elections every four years.  A 2012 constitutional amendment permits the king to dissolve the COR, but it requires that he first consult with the presidents of both of parliament’s upper and lower houses as well as the head of the Constitutional Court.  The king also has the power to amend the constitution and to propose, ratify, and promulgate laws.  The Shura Council has the power to overrule legislation by the lower house and the lower house has the authority to examine and pass legislation proposed by the king or cabinet.

The law prohibits anti-Islamic publications and broadcast media programs and mandates imprisonment of no less than six months for “exposing the state’s official religion to offense and criticism.”

Muslim religious groups must register with the Ministry of Justice and Islamic Affairs (MOJIA) to operate.  Sunni religious groups register with the ministry through the Sunni Waqf, while Shia religious groups register through the Jaafari (Shia) Waqf.  The waqfs are endowment boards, which supervise, fund the work of, and perform a variety of activities related to mosques and prayer halls.  Non-Muslim congregations and groups must register with the Ministry of Labor and Social Development (MOLSD) to operate.  In order to register, a group must submit an official letter requesting registration; copies of minutes from the founders’ committee meeting; a detailed list of founders, including names, ages, nationalities, occupations, and addresses; and other information such as the group’s bylaws and bank account information.  Religious groups also may need approval from the Ministry of Education (MOE), the Ministry of Information Affairs, or the Ministry of Interior (MOI), depending on the nature of the group’s intended activities.  If any religious group organizes functions outside of its designated physical space without approval, it may be subject to government prosecution and a fine.  The law prohibits activities falling outside of an organization’s charter.  The penal code does not specifically address the activities of unregistered religious groups, but provides for the closing of any unlicensed branch of an international organization plus imprisonment of up to six months and fines of up to 50 Bahraini dinars ($130) for the individuals responsible for setting up the branch.

According to the MOLSD’s official website, 19 non-Muslim religious groups are registered with the MOLSD:  the National Evangelical Church, Bahrain Malaylee Church of South India Parish, Word of Life International Church, St. Christopher’s Cathedral and Awali Anglican Church, Full Gospel Church of Philadelphia, St. Mary and Anba Rewis Church (St. Mary’s Indian Orthodox Cathedral), Jacobite Syrian Christian Association and St. Peter’s Prayer Group (St. Peter’s Jacobite Syrian Orthodox Church), St. Mary’s Orthodox Syrian Church, Sacred Heart Catholic Church, The Church of Jesus Christ of Latter-day Saints, Church of Christ, Greek Orthodox Church, Pentecostal Church, Baps Shri Swaminarayan Mandir Bahrain (Hindu Temple), Indian Religious and Social Group (Hindu Temple), Spiritual Sikh Cultural and Social Group, St. Thomas Church Evangelical Church of Bahrain, Marthoma Parish, and the Anglican and Episcopal Church in Bahrain.  Additionally, non-Muslim, nonregistered groups include the Baha’i, Buddhist, and Jewish communities.

The penal code calls for punishment of not more than one year’s imprisonment or a fine of no more than 100 dinars ($270) for offending one of the recognized religious groups or their practices, or for openly defaming a religious figure considered sacred to members of a particular group.

The law stipulates fines or imprisonment for insulting an institution, announcing false or malicious news, spreading rumors, encouraging others to show contempt for a different religious denomination or sect, illegally gathering, and advocating for a change of government, among other offenses.  The Office of the Ombudsman addresses the rights of prisoners, including the right to practice their religion.

The MOJIA oversees the activities of both the Sunni Waqf and the Jaafari Waqf.  The respective endowment boards supervise the activities of mosques and prayer halls, review and approve clerical appointments for religious sites under their purview, and fund expenses for the building and maintenance of religious sites.  According to the government, since August, MOJIA no longer funds endowment board members’ salaries.  Endowment boards, like the remainder of MOJIA employees, now fall under the Civil Service Bureau, whose oversight during the year was changed to the crown prince-led Civil Service Council.  Annually, the government allocates 2.7 million dinars ($7.16 million) to each endowment board.  Tithes, income from property rentals, and other private sources largely fund the remainder of the endowment boards’ operations.  The endowment boards may pay flat commissions and bonuses to preachers and other religious figures.

The Supreme Council for Islamic Affairs (SCIA) oversees general religious activities taking place within the country, and reviews the parliament’s draft legislation as well as the publication of Islamic studies school curricula and official religious texts.  The council comprises a chairman, a deputy chairman, and 16 prominent religious scholars, eight Sunni and eight Shia, most of them prominent preachers or sharia judges.  The king appoints council members for a four-year term.  Independent from other government scholarship programs, the council offers university scholarships for advanced Islamic studies for low-income students.  The SCIA reviews all legislation proposed by the parliament to ensure the draft law’s compliance with sharia.  The council also consults with other government entities before issuing permits to new Islamic societies or centers.  The council is responsible for reviewing the content of Islamic programs aired or broadcast on official government media, such as the official television station and official radio programs.  The council also organizes interfaith conferences and workshops.

The king has sole legal authority to allocate public land, including for religious purposes, although he may delegate this authority to government officials, including the prime minister.  By law, construction of places of worship requires approvals from appropriate national and municipal authorities.  The law permits non-Muslim houses of worship to display crosses or other religious symbols on the outside of their premises.  Government entities involved in allocating building permits include the MOJIA for non-Islamic religious sites, either the Sunni Waqf or the Shia Waqf under the MOJIA for Islamic sites, the Survey and Restoration Directorate, and the Survey Department.  The construction of a new mosque, whether Shia or Sunni, is based on a government determination of the need for a new mosque in the area.

The law regulates Islamic religious instruction at all levels of the educational system.  The government funds public schools for grades 1-12; Islamic studies are mandatory for all Muslim students, and are optional for non-Muslims.  Private schools must be registered with the government and, with a few exceptions (for example, a foreign-funded and foreign-operated school), are also required to provide Islamic religious education for Muslim students.  Private schools wishing to provide non-Islamic religious education to non-Muslims must receive permission from the MOE.  Outside of school hours, both Muslim and non-Muslim students engage in religious studies as their parents deem fit.

According to the MOE, no particular school of jurisprudence forms the basis of the Islamic studies portion of the public school curriculum.  According to the MOE, in coordination with the SCIA, a team of experts routinely reviews and develops the Islamic studies public school curriculum to emphasize shared Islamic values between different Sunni and Shia schools of thought, reject extremism, and promote tolerance and coexistence.  According to the government, the SCIA provides financial assistance to the six registered hawzas (Shia seminaries); other hawzas choose to be privately funded.  The government does not permit foreign donors to contribute to privately funded hawzas.  There are no restrictions on religious studies abroad.  The government also permits non-Muslim groups to offer religious instruction to their adherents.

According to the constitution, sharia forms a principal basis for legislation, although civil and criminal matters are governed by a civil code.  With regard to family and personal status matters, the constitution states inheritance is a guaranteed right governed by sharia.  It also guarantees the duties and status of women and their equality with men, according to sharia.  The personal status law states either the Sunni or Shia interpretation of sharia with regard to family matters, including inheritance, child custody, marriage, and divorce, shall govern depending on the religious affiliation of the party.  Mixed Sunni-Shia families may choose which court system will hear their case.  The provisions of the law on personal status apply to both Shia and Sunni women, requiring a woman’s consent for marriage and permitting women to include conditions in the marriage contract.  Non-Muslims may marry in civil or religious ceremonies, and civil courts make decisions for them on matters such as divorce and child custody.

The government does not designate religious affiliation on national identity documents, including birth certificates.  Applications for birth certificates and national identity documents, however, record a child’s religion (either Muslim, Christian, Jewish, or Other), but not denomination.  Hospital admission forms and school registration forms may also request information on an individual’s religion.

The constitution says the state shall strive to strengthen ties with Islamic countries.  It specifies the succession to the position of king is hereditary, passing from eldest son to eldest son.  The royal family is Sunni.

The law prohibits individuals from being members of political societies or becoming involved in political activities while serving in a clerical role at a religious institution, including on a voluntary basis.

In June the king signed into law amendments to the Exercising Political Rights Law of 2002, which prohibits the candidacies of leaders and members of political societies dissolved by a final court order.  The law excludes former members of predominantly Shia Wifaq political society as well as other parties, whose membership is not predominantly Shia, including the Wa’ad political society.  The new law also prohibits felons and anyone previously convicted and sentenced to more than six months in prison from running for office.  On July 3, the king signed an amendment to the Law on Associations, Social and Cultural Clubs, Private Bodies Working in the Field of Youth and Sports, and Private Institutions that prevents members of dissolved opposition groups, such as Wifaq and Wa’ad, from serving on the board of directors of nongovernmental and civil society organizations, stipulating that an NGO board member must be able to continue to enjoy “the entirety of his civil and political rights.”

By law, the government regulates and monitors the collection of money by religious and other organizations.  Organizations wishing to collect money must first obtain authorization from the MOJIA.

The law guarantees inmates of correctional facilities the right to attend burials and receive condolences outside of prison.

The country is party to the ICCPR with reservations stating it interprets the covenant’s provisions relating to freedom of religion, family rights, and equality between men and women before the law as “not affecting in any way ” the prescriptions of sharia.

Government Practices

Because religion and politics are often closely linked, it was difficult to categorize many incidents as being solely based on religious identity.  The government continued to question, detain, and arrest Shia clerics and community members.  The government continued to monitor and provide general guidance for the content of sermons and to bring charges against clerics who repeatedly spoke on unapproved topics.  Authorities arrested Shia cleric Isa Al Mo’min on February 4 for “inciting hatred against the government” during a Friday sermon and sentenced him to three months in prison.  International and local NGOs reported the police summoned more than 25 individuals, including clerics, in the lead-up to, as well as after, the September 20-21 Ashura commemoration, the most significant day of the Shia religious calendar.  Based on reports it received, AI said that many of those detained were reportedly under investigation for inciting hatred against the regime and more than 15 clerics and lay assistants among them were “interrogated for the content of their sermons.”  The police held many individuals overnight; others were detained and released thereafter.  According to local reports, of those summoned, authorities detained nine for varying periods ranging from one day to over a month pending investigation.  As of October 30, none remained in custody.

AI stated that prior to the November parliamentary elections, security forces carried out a series of arbitrary detentions of activists and religious figures suspected of supporting political opposition to the monarchy.  On October 12, AI received reports that authorities detained approximately a dozen protestors in the village of Karrana and held them for approximately one month for unlawful assembly.  On November 4, security forces entered approximately 10 private homes in the Shia majority town of Karbabad and detained 16 individuals, seven of them minors.  In November AI received reports of the re-establishment of police checkpoints in the majority Shia village of Arad, the neighborhoods of al-Dair and Samahij, which have notable Shia concentrations, and the religiously mixed locality of Hamad Town.  Several internal checkpoints and roadblocks remained in place in the mostly Shia town of Sanabis.  On July 11, the government removed concrete barriers, barbed wire, and police checkpoints that had previously restricted entry into the predominantly Shia neighborhood of Diraz.  Local Shia continued to state that authorities prevented nonresidents, including Shia clerics, from entering to attend or lead prayers at mosques in Diraz.

On November 4, an appeals court sentenced Ali Salman, former leader of Wifaq, and two associates to life in prison for conspiring with Qatar to undermine the government in 2011.  The appeals court reversed a previous June criminal court acquittal following an appeal by the Office of the Public Prosecutor.  Authorities had already imprisoned Salman on another charge of inciting hatred; he was due to be released in December after completion of his original four-year sentence.  The government tried Salman’s two co-defendants, former Wifaq MPs Hasan Ali Juma Sultan and Ali Mahdi Ali Al Aswad, in absentia.

According to local press, NGO, and social media reports, on November 13, authorities detained former Wifaq MP Ali Al Asheeri for a social media post in which he announced his intention to boycott the elections, saying, “I am a Bahraini citizen deprived of my political and civil rights so I and my family will boycott the elections.”  He was released from detention November 27, and charges were still pending at year’s end.  The Public Prosecution stated authorities were investigating Al-Asheeri for “incitement of non-participation in the elections.”

On April 18, a court sentenced former MP Mohamed Khalid to three months in prison for a posting on social media that “defamed” a religious symbol revered by Shia.

In January Shia cleric Hussain al-Qassab lost his appeal of a suspended one-year sentence and a 100,000 dinar ($265,000) fine for money laundering and collecting funds without a government license.  In 2017, the High Criminal Court convicted prominent Shia cleric Isa Qassim, who employed Qassab, on the same charges, but he did not appeal them.  Media identified Qassim as the leading Shia cleric in the country and his supporters reported his office had collected the money and spent the funds in accordance with Shia customs and obligations, and said the government had targeted him due to his prominent status in the Shia community.  Although Qassim had been under de facto house arrest since June 2016 and had his citizenship revoked, the government facilitated Qassim’s travel to London for medical treatment.  At year’s end Qassim was still undergoing treatment in London.

On October 29, the Supreme Court of Appeals upheld the 2017 sentence imposed by the Lower Criminal Court on former Wifaq MP Hasan Isa to 10 years in prison and a fine of 100,000 dinars ($265,000) for helping to finance a terrorist bomb attack in July 2015 that killed two police officers.  Isa denied involvement in the bombing, saying he had not given money to terrorists, but had distributed funds to poor families in his role as a religious leader of his neighborhood.

Several Shia clerics arrested in 2011 remained in prison at year’s end.  They had been associated with the political opposition and given sentences ranging from 15 years to life imprisonment on charges related to terrorist activity or inciting hatred.  Some human rights NGOs considered them to be political prisoners.

On November 6, the MOJIA issued a notice to imams, muezzins, and preachers that candidates in the upcoming parliamentary elections were prohibited from holding any campaign-related activities in houses of worship or religious centers.  On November 15, both the government-sponsored Sunni and Jaafari Waqf endowment boards called on citizens to participate in the upcoming municipal and parliamentary elections.

In November the UNHRC released its concluding observations on the country and its compliance with its ICCPR obligations.  The government provided input to the UNHRC in February, indicating that the constitution guarantees freedom of conscience and of religious belief, that no law or custom discriminates against any group or religion, and the constitution “envisages freedom of worship and access to such places, without discrimination in favour of one group or religion over another.”  The UNHRC, in its report, stated its concern about reports that “members of the Shia community have been subjected to restrictions of their rights to worship and profess their religious beliefs ….”  The committee also expressed concern about “reports that the Shia population is underrepresented in political and public life, including in the National Assembly.”  On freedom of religion, the committee was “concerned about the existence of practices that adversely affect the exercise of the right to freedom of religion or belief enshrined in article 18 of the Covenant” and suggested the government “should decriminalize blasphemy and guarantee that all people within their territory can fully enjoy the right to freedom of conscience, religion or belief,” including efforts to ensure the Shia population is fairly represented in public and political spheres and protected from discrimination.

In a submission prepared in June for the UNHRC review, a U.S.-based NGO stated that “the government has “intensified restrictions on Shia religious and cultural rights since 2011.”  The submission also stated that “security forces routinely employ violence to suppress the Shia community’s rights to free assembly, free association, free speech, and free cultural or religious expression.”

In December the king appointed Shia citizens to senior leadership positions, including cabinet members and members of the Shura council.  Official statistics on the religious affiliation or sect of public employees, members of parliament, or ministers are not maintained by the government.  However, according to informal estimates, the 40-member Shura Council included 18 Shia members, one Jewish member, and one Christian member, while the remaining 20 members were Sunni.  Following the parliamentary elections in November and December, sources suggested that of 40 seats in the Council of Representatives, 25 were won by members identified as Sunnis and 15 identified as Shia.  None of the current members of parliament ran on an explicitly sectarian platform.  Five of the 24 cabinet members, including one of the five deputy prime ministers, were Shia.

According to local activists and social media reports, the government’s amendments to the Exercising Political Rights Law of 2002, prevented at least five individuals from registering as candidates in the parliamentary and municipal elections in October due their prior affiliation with Wifaq, the largely Shia political society that was dissolved in 2016, a government decision that was upheld by the court in 2017.  Although the government stated it viewed the amendments as necessary to prevent lawbreakers from participating in elections, many members of the Shia community stated they viewed the law as an attempt to limit participation of opposition-oriented Shia politicians.  AI pointed out that since members of Wifaq, which it described as the largest Shia opposition group in the country, were prohibited from participating in elections, the new law “will have a de facto discriminatory effect on Shias’ political participation.”  According to Human Rights Watch (HRW), this legislation effectively disqualified opposition candidates from participating in the elections.  After the elections, an NGO noted that “the [historic] gerrymandering of electoral districts … has diluted the influence of … [the] Shia majority.”

According to the government, it generally permitted prisoners to practice their religion, but there were reports from Shia activists that authorities sometimes denied prisoners access to religious services and prayer time.  The Office of the Ombudsman, which was criticized by at least one NGO for failing to fulfill its mandate, reported it had not received any complaints or requests for assistance on the rights of prisoners to practice their religion during the year.  According to MOI, 10 inmates were permitted to attend funerals outside of the prison during the year.  The government continued not to provide regular statistics on detainees.  Based on reports it received, AI said Shia prisoners were vulnerable to intimidation, harassment, and ill treatment from prison guards, and denied access to needed medical care, because of their religion.  Government officials continued to state the MOI, which supervised detention facilities, only prohibited practices when they violated prison safety rules, such as waving religious banners or organizing large-scale gatherings for religious ceremonies.  The government reported that special rooms were available to prisoners for worship and prayer regardless of religious affiliation.  The National Institute for Human Rights (NIHR), a government human rights organization, which has been criticized by a U.S.-based NGO for what it said was its lack of independence, stated that it had not received any cases of prisoners being subject to harassment or ill-treatment by prison guards due to their religious affiliation during the year.

In September, according to reports received by HRW, three female prisoners said prison officials assaulted them after they complained authorities denied them the right to participate in religious commemorations of Ashura.  According to one of the women’s relatives, prison authorities later restricted the inmates’ access to family visits, phone calls, and time spent outside their cells.  Following a prison visit, meetings with the detainees, and reviews of prison files, the NIHR issued a statement on October 1 that the claims of interference in religious practice were “incorrect and contrary to reality.”  On October 4, the Bahrain Institute for Rights and Democracy, an NGO based in the United Kingdom, said the detainees contacted them to dispute the NIHR’s statement.

The government reported no change from 2017 in the 452 licensed Sunni mosques and 91 Sunni community centers, and the number of licensed Shia places of worship remained at 608 mosques and 618 ma’atams (Shia prayer houses, sometimes called husseiniyas in other countries).  The government reported it granted five permits during the year to build Sunni mosques and eight permits to build Shia mosques and ma’atams.  The government stated that determining whether a mosque would be Sunni or Shia in new housing developments depended on the needs and demographics of the new residents.

The MOJIA continued to monitor clerics’ adherence to a pledge of ethics it had created for individuals engaged in religious discourse.  Preachers who diverged from the pledge were subject to censure or removal by authorities on the grounds their actions jeopardized national security.  The MOJIA reported reviewing sermons submitted to the government on a weekly basis by preachers.  The MOJIA reported regularly visiting mosques to ensure preacher’s sermons were “moderate,” avoided discussing controversial topics, did not incite violence, and did not use religious discourse to serve political purposes.  The MOJIA also continued to announce how much money an adult should give on a voluntary basis to the poor on religious feast days.  According to Shia community representatives, during Ashura, police again summoned some Shia chanters and preachers and had them sign pledges that they would avoid discussing politics from the pulpit.

The government continued to permit Shia groups to hold processions to commemorate Ashura and Arbaeen throughout the country, with the largest procession organized by a Shia community-led organization, the Manama Public Processions Commission.  During the annual two-day public holiday for Ashura, most public schools and government offices were closed.  Local press estimated the largest procession attracted 150,000-200,000 attendees in downtown Manama.  The government permitted public reenactments of the martyrdom of Hussein and public marches in commemoration of Ashura.  As in previous years, the MOI provided security for the processions, but again removed some Ashura flags, banners, and decorations from streets and private property in Shia villages but not at the large procession in Manama, according to Shia leaders.  The government stated MOI personnel had removed the banners because they violated zoning restrictions or because they contained political messages.

The government continued to permit both registered and unregistered non-Muslim communities to maintain identifiable places of worship, hold religious gatherings, and display religious symbols.  The MOI continued to provide security for large events held by religious communities, including non-Muslim ones.  Security forces stated they continued to monitor sermons, religious gatherings, and funerals to maintain peace and security.

Adherents of minority religious groups reported they were able to produce religious media and publications and distribute them in bookstores and churches, although the government did not permit publications that were perceived to criticize Islam.  According to non-Muslim religious groups, the government did not interfere with religious observances and encouraged tolerance for minority religious beliefs and traditions.

There was no progress reported on the construction of a Coptic Orthodox church in Manama following the announcement in 2016 by the king that he would permit the construction of the church.  In June government officials, diplomats, and religious leaders attended the ground breaking for the construction of a Catholic cathedral on land previously donated by the king.  The cathedral, intended to serve as headquarters for the Catholic Apostolic Vicariate of Northern Arabia, was scheduled to be completed by mid-2021.  The Bahrain-based head of the Catholic Church’s Northern Vicariate Bishop Camillo Ballin has resided in the country since 2011.

In March the MOJIA reported that it had concluded reconstruction to the extent feasible of 27 of the 30 mosques it had destroyed or damaged in 2011, in compliance with an independent fact-finding commission.  Of the three remaining mosques, the government reported that one, in Salmabad, was reconstructed by local residents without a permit on an “illegal” site, despite the government’s offer for an alternative site in the same neighborhood.  According to the government, the second remaining mosque, in Hawrat Sanad, remained under evaluation because nine other Shia mosques already existed within close proximity.  The government stated the third mosque, in Madinat Hamad, would likely be relocated.  Some Shia stated they remained dissatisfied with three of the 27 reconstructed mosques because they had been rebuilt in different locations.

NGOs stated the government continued its disparate treatment of Shia versus Sunni individuals and stated this different treatment fueled perceptions among the Shia community of a justice system that was biased against them.

In contrast to previous years, there were no reports during the year of Sunnis or Shia accused of crimes having their names or pictures featured in local press prior to a conviction and often that information was omitted even after sentencing.

The government-run television station continued to air Friday sermons from the country’s largest Sunni mosque, Al Fateh Mosque, but not any sermons from Shia mosques.

According to the law, Arab applicants with 15 years’ residence and non-Arab applicants with 25 years’ residence are eligible to apply for citizenship.  The government stated that foreign residents applying for citizenship were not required to report their religious affiliation.  Shia politicians and community activists, however, continued to say the government’s naturalization and citizenship process favored Sunni over Shia applicants.  They said the government continued to recruit Sunnis from other countries to join the security forces, granted them expedited naturalization, and provided them with public housing while excluding Shia citizens from those forces.  According to Shia community activists, this continued recruitment and expedited naturalization of Sunnis represented an ongoing attempt to alter the demographic balance among the country’s citizens.

According to Shia leaders and community activists, the government continued to provide Sunni citizens preference for government positions, including as teachers, and especially in the managerial ranks of the civil service and military.  They also said Sunnis received preference for other government-related employment, especially in the managerial ranks of state-owned businesses.  They continued to report few Shia citizens served in significant posts in the defense and internal security forces.  According to Shia community members, senior civil service recruitment and promotion processes continued to favor Sunni candidates.  Other community members complained educational, social, and municipal services in most Shia neighborhoods remained inferior to those in Sunni communities.  The government stated it made efforts to support public schools in Shia and Sunni neighborhoods equally.  The government repeated public assurances affirming a policy of nondiscrimination in employment, promotions, and the provision of social and educational services.  The MOLSD reported it organized expositions, job fairs, professional guidance, and assistance to needy families in predominately Shia neighborhoods.  The MOLSD, which has a supervisory role in implementing labor law in the civil sector, again said there were no reported cases of religious or sectarian discrimination during the year.  Shia community activists again responded that they lacked confidence in the effectiveness of government institutions to address discrimination, so they did not utilize them.

Two public schools provided more in-depth religious instruction for students from elementary school through high school; the remainder of their curricula being consistent with the nonreligious curriculum in other public schools.  The Jaafari Institute provided religious instruction in Shia Islam.  The Religious Institute provided education in Sunni Islam.

The University of Bahrain continued to offer degree programs in religious studies and Islamic jurisprudence for Shia and Sunni students.  There were five registered institutes, publicly funded and overseen by the Sunni Waqf, offering religious education for Sunnis.  There were several dozen hawzas, six of them registered and authorized by the SCIA.

Human rights activists reported discrimination against Shia in education continued.  Activists said interview panels for university scholarships continued to ask about students’ political views and family background.  The government said its scholarships remained competitive.  Rights activists said many top scoring Shia applicants continued to receive scholarship offers in less lucrative or less prestigious fields.  The government reported students were offered funding in particular fields based on the student’s grade point average.  The government reported the flagship Crown Prince International Scholarship Program (CPISP) continued to have both Shia and Sunni representation, but it did not provide a statistical breakdown.  A list of scholarship recipients’ names, fields of study, and schools was published on the CPISP website.  Some Shia business leaders reported that government officials had overturned decisions to deny scholarships to Shia students over concerns that the decisions had been biased and did not reflect student merit.  There were continued reports of the MOE refusing to recognize the foreign degrees of some students, primarily those who pursued studies in China.  Some activists said these refusals disproportionately affected Shia students.

On March 14, the government announced a fine ranging from 50 dinars ($130) to 400 dinars ($1,100) for defacing the country’s passports.  It stated that writing, tearing, or stamping a passport was illegal unless done by authorized immigration officials in Bahrain or overseas.  The NIHR stated that the ban included any alterations done by ministries, embassies, hotels, banks, or tourism agencies.  Often tourism agencies, hotels, and other individuals at overseas religious sites placed stickers or wrote on the passports.  Former Shia MP Ali Al Ateesh said the law targeted citizens for visiting [Shia] religious sites in Iran and Iraq, while those with unofficial markings from other destinations were not held accountable.  Other MPs said the new rule did not target sects, religious tours, individuals or countries.

NGOs reported the government continued to monitor closely the collection of funds by religious organizations, including charity donations.  The NGOs said religious leaders and organizations not authorized to collect money, or whom the government believed handled the money in improper ways, were potentially subject to legal action.

On July 26, at the Ministerial to Advance Religious Freedom hosted by the Secretary of State in Washington, Minister of Foreign Affairs Khalid bin Ahmed Al Khalifa delivered remarks highlighting that “religious violence, incitement to hatred, and sectarianism have no place in Bahraini society.”  He announced the government planned to create a position of Ambassador at Large for Peace Coexistence and Religious Freedom to advocate for religious harmony and coexistence across the Middle East.  The government had not filled the position at year’s end.

Press editorials and statements from government and religious leaders emphasized the importance of religious tolerance.  In March the crown prince and foreign minister met with the president of the World Jewish Congress to discuss interfaith and religious tolerance in the country.  In June the government inaugurated the King Hamad Center for Peaceful Coexistence, led by a Board of Trustees comprised of representatives of the country’s Sunni, Shia, Christian, Catholic, Baha’i, Hindu, and Buddhist communities.  In November the Bahrain News Agency reported the minister of education inaugurated the King Hamad Chair in Interfaith Dialogue and Peaceful Co-Existence at Sapienza University in Rome, which according to local Bahraini reports would allow the university students to conduct scientific research and studies in the fields of tolerance and religious science.  Local press featured photos of senior government officials visiting the Diwali festivities of several prominent Hindu families throughout the country.

During the year, local press reported individuals allegedly associated with militant groups committed attacks on police, and some groups claiming responsibility used Shia religious terminology to justify their attacks.  The government reported 22 police officers suffered injuries from such attacks during the year.  Protestors using Molotov cocktails in one attack on police stated they were throwing “holy fire” to demand the ruling family “step down.”

Anti-Shia and anti-Sunni commentary appeared in social media.  Posts stated that former Shia leaders were “traitors” and “Iranian servants,” used the hashtag “Iran Supports Sedition in Bahrain,” and displayed images of prominent Shia political figures Ali Salman and Isa Qassim.

Non-Muslim religious community leaders reported there continued to be some Muslims who changed their religious affiliation, despite ongoing societal pressure not to do so, but those who did so remained unwilling to speak publicly or privately to family or associates about their conversions out of fear of harassment or discrimination.

NGOs working on civil discourse and interfaith dialogue reported regional Sunni-Shia tensions and historical political divisions continued to have an economic effect.  Shia representatives stated the persistent higher unemployment rate among their community, limited prospects for upward social mobility, and the lower socioeconomic status of Shia exacerbated by ongoing private sector discrimination against them, added to the tensions between the two communities.  Because religion and political affiliation were often closely linked, it was difficult to categorize these effects as being solely based on religious identity.

Christian community leaders stated that they continued to search for a suitable location for a new non-Muslim cemetery.

There were cremation facilities for the Hindu community.  On March 12, however, the Southern Municipal Council announced it was considering banning traditional outdoor Hindu cremations due to environmental and health concerns.  Hindu community leaders said they were not opposed to indoor incinerators since indoor cremations would be consistent with religious guidelines.

Several Hindu temples and Sikh temples operated throughout the country.  The Shri Krishna Hindu Temple was reportedly over 200 years old and was occasionally visited by high-level government officials.  The country was also home to a historic, although seldom used, Jewish synagogue.  There were more than a dozen Christian churches, which included a 100-year old evangelical church and an 80-year old Catholic church.  There was no registered Buddhist temple; however, some Buddhist groups met in private facilities.

Holiday foods, decorations, posters, and books continued to be widely available during major Christian and Hindu holidays, and Christmas trees and elaborate decorations remained prominent features in malls, restaurants, coffee shops, and hotels.  The news media continued to print reports of non-Muslim religious holiday celebrations, including Christmas celebrations and Hindu festivals such as Diwali and Holi.

According to minority religious groups, there was a high degree of tolerance within society for minority religious beliefs and traditions, although societal attitudes and behavior discouraged conversion from Islam.  Local news reports during the year featured activities of minority religious communities, including announcements of changes in leadership, Muslim bands performing at Christmas festivities, and sports events organized by the Sikh community.

The Secretary of State, Deputy Secretary of State, Ambassador, and embassy officers met with government officials to urge respect for freedom of expression, including the right of clerics and other religious leaders to speak and write freely; to ensure full inclusion of all citizens, including members of the Shia majority, in political, social, and economic opportunities; and to pursue reconciliation between the government and Shia communities.  U.S. officials both publicly and in private meetings continued to advocate for the government to pursue political reforms that would take into consideration the needs of all citizens regardless of religious affiliation.

The Ambassador and other embassy officers continued to meet regularly with religious leaders from a broad spectrum of faiths, representatives of NGOs, and political groups to discuss freedom of religion and freedom of expression as it related to religious practices.  The Ambassador and embassy officials visited various houses of worship and attended religious events throughout the year, including the observation of Ashura, Christmas, and Diwali.  At these events, they discussed issues related to religious tolerance with participants and emphasized the U.S. government’s commitment to religious freedom.

The embassy continued to sponsor the participation of religious leaders in exchange programs in the United States designed to promote religious tolerance and a better understanding of the right to practice one’s faith as a fundamental human right and source of stability.

In July the U.S. Department of State designated Al Ashtar Brigades (AAB) as a foreign terrorist organization.  AAB is an Iran-backed terrorist group that claimed responsibility for numerous terrorist attacks against security targets in Bahrain, and often used Shia religious terminology and symbols in justifying their attacks.

The U.S. government estimates the total population at 159.5 million (July 2018 estimate).  According to the 2013 census, Sunni Muslims constitute 89 percent of the population and Hindus 10 percent.  The remainder of the population is predominantly Christian (mostly Roman Catholic) and Theravada-Hinayana Buddhist.  The country also has small numbers of Shia Muslims, Baha’is, animists, Ahmadi Muslims, agnostics, and atheists.  Many of these communities estimate their respective numbers to be between a few thousand and 100,000 adherents.

Many ethnic minorities practice minority religions and are concentrated in the Chittagong Hill Tracts (CHT) and northern districts.  The Garo in Mymensingh are predominantly Christian as are some of the Santal in Gaibandha.  Most Buddhists are members of the indigenous (non-Bengali) populations of the CHT.  Bengali and ethnic minority Christians live in communities across the country, with relatively high concentrations in Barishal city and Gournadi in Barishal District, Baniarchar in Gopalganj District, Monipuripara and Christianpara in Dhaka city, and in the cities of Gazipur and Khulna.

The largest noncitizen population is Rohingya, nearly all Muslim.  According to the Office of the UN High Commissioner for Refugees (UNHCR), approximately 33,000 Rohingya refugees from Burma are officially registered in the country and are residing in the two official refugee camps within Cox’s Bazar District.  The government and UNHCR estimate another 900,000 to 1,000,000 Rohingya from Burma are in Cox’s Bazar District, including an estimated 450 Hindu Rohingya.  In August 2017, approximately 730,000 Rohingya fled to Bangladesh following the start of violence in Burma’s Rakhine State.

Legal Framework

According to the constitution, “the state religion of the Republic is Islam, but the State shall ensure equal status and equal rights in the practice of the Hindu, Buddhist, Christian, and other religions.”  The constitution also stipulates the state should not grant political status in favor of any religion.  It also provides for the right to profess, practice, or propagate all religions “subject to law, public order, and morality” and states religious communities or denominations have the right to establish, maintain, and manage their religious institutions.  The constitution stipulates no one attending any educational institution shall be required to receive instruction in, or participate in ceremonies or worship pertaining to, a religion to which he or she does not belong.

Under the penal code, statements or acts made with a “deliberate and malicious” intent to insult religious sentiments are subject to fines or up to two years in prison.  Although the code does not further define this prohibited intent, the courts have interpreted it to include insulting the Prophet Muhammad.  The criminal code allows the government to confiscate all copies of any newspaper, magazine, or other publication containing language that “creates enmity and hatred among the citizens or denigrates religious beliefs.”  The law applies similar restrictions to online publications.  While there is no specific blasphemy law, authorities use the penal code as well as a section of the Information and Communication Technology Act to charge individuals.  The Digital Security Act, passed by parliament in September, criminalizes publication or broadcast of “any information that hurts religious values or sentiments.”

The constitution prohibits freedom of association if an association is formed for the purpose of destroying religious harmony or creating discrimination on religious grounds.

Individual houses of worship are not required to register.  Religious groups seeking to form associations with multiple houses of worship, however, must register with either the NGO Affairs Bureau (NGOAB) as an NGO if they receive foreign assistance for development projects or with the Ministry of Social Welfare if they do not.  The law requires that the NGOAB approve and monitor all foreign-funded projects.  The NGOAB director general has the authority to impose sanctions on NGOs for violating the law, including fines of up to three times the amount of the foreign donation or closure of the NGO.  NGOs also are subject to penalties for “derogatory” comments about the constitution or constitutional institutions (i.e., the government).  Expatriate staff must receive a security clearance from the National Security Intelligence Agency, Special Branch of Police, and Directorate General of Forces Intelligence.

Registration requirements and procedures for religious groups are the same as for secular associations.  Registration requirements with the Ministry of Social Welfare include submission of certification that the name being registered is not taken; provision of the bylaws/constitution of the organization; a security clearance for leaders of the organization from the national intelligence agency; minutes of the meeting appointing the executive committee; list of all executive committee and general members and photographs of principal officers; work plan; copy of the deed or lease of the organization’s office and a list of property owned; budget; and a recommendation by a local government representative.

Requirements to register with the NGOAB are similar.

Family law concerning marriage, divorce, and adoption has separate provisions for Muslims, Hindus, and Christians.  These laws are enforced in the same secular courts.  A separate civil family law applies to mixed faith families or those of other faiths or no faith.  The family law of the religion of the two parties concerned governs their marriage rituals and proceedings.  A Muslim man may have as many as four wives, although he must obtain the written consent of his existing wife or wives before marrying again.  A Christian man may marry only one woman.

Hindu men may have multiple wives.  Officially, Hindus have no options for divorce, although informal divorces do occur.  Women may not inherit property under Hindu law.  Buddhists are subject to Hindu law.  Divorced Hindus and Buddhists may not legally remarry.  Divorced men and women of other religions and widowed individuals of any religion may remarry.  Marriage between members of different religious groups is allowed and occurs under civil law.  To be legally recognized, Muslim marriages must be registered with the state by either the couple or the cleric performing the marriage; however, some marriages are not.  Registration of a marriage for Hindus and Christians is optional, and other faiths may determine their own guidelines.

Under the Muslim family ordinance, a Muslim man may marry women of any Abrahamic faith; however, a Muslim woman may not marry a non-Muslim.  Under the ordinance, a widow receives one-eighth of her husband’s estate if she is his only wife, and the remainder is divided among the children; each female child receives half the share of each male child.  Wives have fewer divorce rights than husbands.  Civil courts must approve divorces.  The law requires a Muslim man to pay a former wife three months of alimony, but these protections generally apply only to registered marriages; unregistered marriages are by definition undocumented and difficult to substantiate.  Authorities do not always enforce the alimony requirement even in cases involving registered marriages.

Alternative dispute resolution is available to all citizens, including Muslims, for settling family arguments and other civil matters not related to land ownership.  With the consent of both parties, lawyers may be identified to facilitate the arbitration, the results of which may be used in court.

Fatwas may be issued only by Muslim religious scholars, and not by local religious leaders, to settle matters of religious practice.  Fatwas neither may be invoked to justify meting out punishment, nor may they supersede existing secular law.

Religious studies are compulsory and part of the curriculum for grades three through 10 in all public government-accredited schools.  Private schools do not have this requirement.  Muslim, Hindu, Buddhist, and Christian students receive instruction in their own religious beliefs, although the teachers are not always adherents of the students’ faith.

The code regulating prisons allows for observance of religious commemorations by prisoners, including access to extra food on feast days or permission to fast for religious reasons.  The law does not guarantee prisoners regular access to clergy nor regular religious services, but prison authorities may arrange special religious programs for them.  Prison authorities are required to provide prisoners facing the death penalty access to a religious figure from a religion of their choice before execution.

A 2001 law allows the government to return property confiscated from individuals, mostly Hindus, whom it declares to be an enemy of the state.  In the past, authorities used it to seize property abandoned by minority religious groups, especially Hindus, who fled the country, particularly following the Indo-Pakistani War of 1965.

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

Government Practices

In March police completed the investigation of the case involving the July 2016 killing of 22 persons, most of them non-Muslims, at the Holey Artisan Bakery in Dhaka and forwarded it for prosecution.  The attackers singled out non-Muslims and killed the victims with machetes and firearms.  In August a Dhaka court accepted the charges against the attackers.  At year’s end, six of the attackers remained in jail, while another two fled the country.  Legal proceedings against the attackers continued through the end of the year.

On May 8, prosecutors announced the conviction of five suspects, two of whom received the death penalty, for killing Rajshahi University professor Reazul Karim Siddique in a 2016 machete attack.  Prosecutor Entajul Haque stated the five suspects belonged to terrorist organization Jamayetul Mujahideen Bangladesh, also known as a Jamaat-ul Mujahideen Bangladesh or ISIS-B, a militant Islamic group outlawed by the government.  Law enforcement officials stated the killing of Siddique was one of many attacks on individuals espousing secular beliefs in the last three years.

The government’s investigation into the 2016 killings of six secular bloggers, online activists, writers, and publishers remained inconclusive, according to press reports.  Police had not charged any individuals by year’s end.

Legal proceedings against the three suspects allegedly involved in the killing of atheist blogger Avijit Roy continued at year’s end.  In 2017, police announced they had detained Abu Siddiq Sohel, whom they said admitted to involvement in the 2015 killing of Roy, a critic of religious extremism.  Also in 2017, police said they arrested two other individuals, Arafat Rahman and Mozammel Hossain, in connection with Roy’s killing.  Machete-wielding assailants hacked to death Roy, a U.S. citizen of Bangladeshi origin, while he accompanied his wife home from a Dhaka book fair.  The press reported police suspected Ansarullah Bangla Team, a militant Islamic organization claiming association with AQIS – accused of other acts of violence and banned by the government – was involved in Roy’s killing.  A police official identified Rahman as a member of Ansrarullah Bangla Team.  The press also reported Rahman confessed to involvement in the killings of four other secular activists.

According to media reports, on March 30, approximately 80 armed members of the Muslim community in Jamalpur District attacked members of the Ahmadiyya Muslim community at an Ahmadiyya mosque, injuring 22 Ahmadis.  Ahmadiyya Muslim imam SM Asaduzzaman Razib stated Awami League Religious Affairs Secretary for Madarganj Upazila Monirul Islam Monir instigated the attack.  When police responded to the incident, both sides agreed to refrain from any further violence.  Members of the Ahmadiyya Muslim community said the attack was a result of leaders of Jamalpur District’s Muslim congregation’s Waz Mahfil (religious discussion) attempt to provoke its members to support turning the country into a fundamentalist and militant state.

By year’s end, the government stated it had compensated and otherwise assisted 70 Santal Christian families who were victims of attacks, arson, and gunshot wounds allegedly involving local authorities and law enforcement in 2016.  According to media reports, at year’s end, the Police Bureau of Investigation (PBI) had not filed charges against a parliamentarian from the ruling Awami League party and a local civil servant reportedly involved in the attacks.  Three Santal Christians were killed in the 2016 attack; in 2017, the government removed the superintendent of police of Gaibandha District and the entire police force from the Govidaganj Sub-District to comply with a High Court order.  In 2017 personnel from the PBI detained Shah Alam, a Union Council member and one of the 33 accused in the case.

Human rights organizations reported that, despite longstanding government orders to the contrary, village community leaders, often together with local religious leaders, continued to use extrajudicial fatwas to punish individuals, mostly women, for perceived “moral transgressions,” such as adultery and other illicit sexual relations.  From January to December the human rights organization Ain o Salish Kendra documented seven incidents of punishments under fatwas, including societal shunning, whipping, and forced interim marriages (a formality enabling a couple to remarry one another after the wife briefly marries and then divorces a new “interim” spouse), compared with 10 in 2017.  In 2017, the High Court ordered a local government entity to report on action it had taken against the perpetrators of the extrajudicial punishment meted out to a man and woman in 2016 in Komolganj Upazila of Maulvibazar District for reported moral transgressions.  No new developments regarding the case were reported at year’s end.

In October unidentified individuals destroyed a Buddhist monastery and statue in Khagrachhari District.  According to press reports, no eyewitnesses were present during the destruction of the structures; however, community members said local individuals were responsible for the destruction.  The local governmental administration told members of the community it would rebuild the monastery and statue.  The army supervised the reconstruction of the monastery.  The Chittagong Hill Tracts commission condemned the incident and demanded the perpetrators be brought to justice.  A police investigation continued through the end of the year.

Although most mosques were independent of the state, the government continued to influence the appointment and removal of imams and provide guidance to imams throughout the country through the Islamic Foundation on some aspects of the content of their sermons, for example by issuing written instructions highlighting certain Quranic verses and quotations of the Prophet Muhammad.  Religious community leaders said imams in all mosques usually continued to avoid sermons that contradicted government policy.

Early in the year, the government granted the Allama Fazlullah Foundation the requisite registration to work in Cox’s Bazar.  Two other religiously affiliated organizations that applied for registration to work in Cox’s Bazar for Rohingya relief in 2017, Muslim Aid Bangladesh and Islamic Relief, remained banned throughout the year.  In 2017, parliamentarian Mahjabeen Khaled stated to media, “It is believed they were running other operations under cover of relief efforts.”

The government continued to prohibit transmission of India-based Islamic televangelist Zakir Naik’s Peace TV Bangla, stating the program spread extremist ideologies, and closed “peace schools,” which the government said reflected his teachings.

A government-run media monitoring cell established in 2016 with the stated intention of helping maintain religious harmony in the country by tracking media and blogs that write negatively about Hindu, Muslim, and other religious beliefs continued to function.

According to the Ministry of Land, authorities adjudicated approximately 15,224 of 118,173 property restitution cases filed under the Vested Property Return Act during the year.  Of these judgements, the owners, primarily Hindus, won 7,733 of the cases, recovering 8,187.5 acres of land, while the government won the remaining 7,491 cases.  Media reports, rights activists, and the Bangladesh Hindu Buddhist Christian Unity Council (BHBCUC) attributed the slow return of land seized under relevant legislation from Hindus who had left for India to judicial inefficiency and general government indifference.

Religious minorities continued to state minority students sometimes were unable to enroll in religion classes of their faith because of an insufficient number of minority teachers for mandatory religious education classes.  In these cases, school officials generally allowed local religious institutions, parents, or others to hold religious studies classes for such students outside of school hours and sometimes exempted students from the religious education requirement.

The Ministry of Religious Affairs had a budget of 11.68 billion taka ($139.05 million) for the 2018-19 fiscal year, which covers June 2018-July 2019.  The budget included 9.21 billion taka ($109.64 million) allocated for development through various autonomous religious bodies.  The government provided the Islamic Foundation, administered by the Ministry of Religious Affairs, 8.24 billion taka ($98.1 million).  The Hindu Welfare Trust received 780.8 million taka ($9.3 million), and The Buddhist Welfare Trust received 37.5 million taka ($446,000) of the total development allocation.  While the Christian Welfare Trust did not receive development funding from the 2018-19 budget, it received 2.8 million taka ($33,300) to run its office.

In April the government announced it would fund an approximately 76 billion taka ($904.76 million) project to construct madrassahs in every electoral constituency in the country.  Under the two-year project, 300 members of parliament would receive funding to construct a five-story building in each electoral constituency.  According to press reports, the project was in response to parliamentarians citing the dilapidated conditions of madrassah structures in their constituencies.  A combination of news reports and think tanks criticized the project, stating the government’s use of public funds for such projects was a political tactic by the government to use religion to influence voters prior to national parliamentary elections in December.

According to press reports, in November the government delayed national student examinations so Prime Minister Sheikh Hasina could attend a Qawmi madrassah rally in favor of the Awami League and chaired by Hefazat-e-Islam Bangladesh Chief Shah Ahmed Shafi.  Hefazat-e-Islam is a self-defined Islamist advocacy group including madrassah teachers and students.  According to press reports, the Hefazat-e-Islam rally was conducted to express gratitude for the government’s formal recognition of the Qawmi madrassah education system in 2017.  The Qawmi madrassahs are independent community madrassahs with their own governing boards and are commonly viewed as more conservative than government-run madrassahs.

In September the Daily Star newspaper reported government involvement, through a local teachers’ association, in the seizure of a Hindu temple and its surrounding land in Tangail District, in contravention of a court order and without requisite building permits.  The report stated the association wanted to construct a multistory building on the site of the temple that many in the community said would be used for commercial purposes.  The Daily Star reported that in January a court in Tangail District issued an order ordering a halt to the construction, but construction on the temple’s site continued, in what the press report said was due to the ruling Awami League’s alleged involvement in the project.

Hindus, Buddhists, Christians, and members of other minority religious communities, who are also sometimes members of ethnic minority groups, continued to report several property and land ownership disputes and forced evictions, including by the government, which remained unresolved at year’s end.  According to minority religious associations, such disputes occurred in areas near new roads or industrial development zones, where land prices had recently increased.  They also stated local police, civil authorities, and political leaders sometimes enabled property appropriation for financial gain or shielded politically influential property appropriators from prosecution.  Some human rights groups, including Odhikar, continued to attribute the lack of resolution of some of these disputes to ineffective judicial and land registry systems and the targeted communities’ insufficient political and financial clout rather than government policy disfavoring religious or ethnic minorities.

According to religious rights groups, in April local Awami League politicians seized and illegally occupied one acre of land from a Christian family in Bagerhat District.  Those allegedly responsible donated a portion of the land for local school use in an effort to conceal the illegal seizure and occupation, and they threatened the family with physical harm if members of the family pursued legal proceedings against the alleged culprits.  Members of civil society attributed the alleged illegal seizure and occupation to a pending 1984 legal case between feuding family members over the land, which the occupiers allegedly exploited.

The government continued to place law enforcement personnel at religious sites, festivals, and events considered potential targets for violence, including the Hindu festival of Durga Puja, Christian holidays of Christmas and Easter, and the Buddhist festival of Buddha Purnima.

According to religious advocacy groups, the government provided extra security to protect Buddhist monasteries in Chittagong and Dhaka in anticipation of possible retaliation for the actions against the majority Muslim Rohingya by the military and civilians in Burma’s Rakhine State.  No attacks occurred during the year.

President Abdul Hamid continued to host receptions to commemorate each of the principal Muslim, Hindu, Buddhist, and Christian holidays and emphasized the importance of religious freedom, tolerance, and respect for religious minorities.

In June unidentified individuals killed writer and self-described activist Shahjahan Bachchu.  Security forces stated AQIS-linked individuals may have been responsible for killing Bachchu, a former leader of the Communist Party of Bangladesh known for his secular beliefs and writings, for “offending Islam.”

According to press reports, on March 6, unidentified individuals killed a Hindu priest, Haradhan Bhattacharya, and stole gold and cash from his nephew’s home in Pabna District, Chatmohar Upazila.  According to press reports, law enforcement believed individuals motivated by anti-Hindu sentiment may have killed the priest.  According to press reports, a witness said she saw a young female in a burqa flee the scene.  Investigation of the case continued through the end of the year.

According to the Bangladesh Christian Association, on February 13, approximately 30 Muslims attacked a Christian family’s home and attempted to seize the family’s land and small business in Vatara District.  Association leaders said three members of the Christian community were injured.  Police continued to investigate the case through year’s end.

Law enforcement concluded one of eight investigations regarding a 2016 attack on Hindu individuals, homes, and temples in Brahmanbaria District.  By year’s end, approximately 228 were charged and pending prosecution.  Attackers injured more than 100 individuals and vandalized 52 Hindu homes and 15 temples in response to a Hindu resident’s Facebook post showing a Hindu deity pasted over the Kaaba in Mecca.  The National Human Rights Commission stated the attack was orchestrated to drive Hindus from the area to obtain their land.  Of the 104 persons detained for suspected involvement in the attacks, all but one was released on bail.

According to Odhikar, acts of violence targeting religious minorities or their property resulted in the death of one person and injuries to 34 from January to December, compared with none killed and seven injured in 2017.  Attackers destroyed 49 statues, monasteries, or temples, compared with 132 in 2017, and destroyed no homes, compared with 12 homes in 2017.  The motivation for these incidents was often unclear.  Some NGO representatives said the increase in violence targeting religious minorities and their properties could be due to increasing impunity.

The BHBCUC compiled 806 reports of violations of minority rights, including religious minorities, from newspaper reports during the year, compared with 380 in 2017.  Violations included killings, attempted killings, death threats, assaults, rapes, kidnappings, and attacks on homes, businesses, and places of worship.  According to the BHBCUC, the primary motivation for most of the incidents was a desire to seize real property, steal, or extort money.

According to the Hindu Post newspaper, 338 hate crimes occurred against members of the Hindu community during the year.  The hate crimes included, but were not limited to, physical attacks, including killings and rapes, and real and personal property destruction.  According to media reports, in May a fifth-grade Hindu girl was raped in Manikganj District of Gheor Upazila as she was traveling to a Hindu religious festival.  The young girl was lured into an open agricultural field by a local resident, Jony Miah, where, joined by two of his accomplices, Rubel Islam and Shahidul Islam, the three began to rape her.  Local inhabitants caught the three perpetrators in the act but soon released them.  According to press reports, a local union council (parishad) member, Mujibur Rahman, tried to pressure the victim’s family to remain silent and attempted to offer the family an approximately $1,200 settlement.  When the victim’s family refused, Rahman and others threatened the family.  The victim’s brother filed a criminal case against the alleged perpetrators.  Admitting he had attempted to settle the case quietly, Rahman said, “We tried to hush the matter as the girl was young and belonged to a different religion.”

Some Buddhists continued to say they feared local Muslims would commit acts of vengeance against them in reaction to the Burmese Buddhists’ mistreatment of the Muslim Rohingya in Burma; however, no cases were reported during the year.  The Bangladesh United Buddhist Forum, formed in 2017, announced it would publicly celebrate Buddhist holidays during the year.  In 2017, the forum curtailed its public celebrations of Buddhist holidays to donate to the Rohingya relief effort.

NGOs continued to report tensions in the CHT between the predominantly Muslim Bengali settlers and members of indigenous groups, primarily Buddhist, Hindu, and Christian, largely over land ownership.  The Kapaeeng Foundation recorded 70 instances of human rights abuses in the CHT from January to June.  These abuses included rape, unlawful evictions, and arbitrary arrests affecting primarily Buddhists, but also Christians and Hindus.  The government continued to work to resolve land ownership disputes affecting indigenous non-Muslims, using a 2017 amendment to the law providing for more inclusive decision making and a harmonization of the law with the 1997 Chittagong Hill Tracts Peace Accord.  According to some members of the indigenous community, procedural issues had delayed resolution of many of their property disputes.  In October Prime Minister Sheikh Hasina publicly urged peace and harmony in the CHT at the inauguration of the Sheikh Hasina Chattogram Hill Tracts Complex in Dhaka.

The U.S. Ambassador, the Ambassador at Large for International Religious Freedom, and embassy staff met with officials from the Office of the Prime Minister, Ministry of Religious Affairs, Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Social Welfare, and local government representatives to underscore the importance of religious freedom and tolerance.  They discussed the interface between religion, religious freedom, and violent extremism, and the importance of integrating religious freedom and other human rights in security policy.  Embassy officials stressed the importance of respecting religious minorities’ viewpoints, minority religious inclusion within society, and protecting religious minorities from extremist attacks.

The U.S. government provided more than $345 million in humanitarian assistance to overwhelmingly Muslim ethnic Rohingya who fled Burma from August 2017 to December 2018.  In April embassy officials and the Ambassador at Large for International Religious Freedom met with government officials to discuss protection and humanitarian assistance for the approximately one million Rohingya from Burma living in the country.  The Ambassador, the Ambassador at Large for International Religious Freedom, and other embassy officials also visited refugee camps and makeshift settlements in Cox’s Bazar to hear directly from Rohingya refugees about their experiences.  Religious leaders across various faiths said they were encouraged by the Ambassador at Large’s visit and its importance for promoting religious tolerance and interfaith cooperation.

As part of community policing training, the embassy encouraged law enforcement officials to protect the rights of religious minorities.

Embassy officials attended public religious events demonstrating religious tolerance among religious groups.  Embassy officials were invited to and attended several religious festivals celebrated by the Buddhist, Hindu, and Muslim communities and emphasized in these events the importance of tolerance and respect for religious minorities.  In all these events, the Ambassador and other embassy officials emphasized the importance of religious tolerance and respect for diversity.

The embassy conducted a social media campaign throughout the year to promote religious freedom and tolerance.  On January 16-19, the embassy launched a three-day social media campaign to commemorate Religious Freedom Day.  The campaign reached more than 230,000 individuals on Facebook and used social media on Jumma Mubarak (early afternoon Friday prayers) to emphasize the U.S. government’s commitment to promoting and protecting religious freedom at home and abroad.  During the Ambassador at Large for International Religious Freedom’s visit in April, the embassy posted photographs on its Facebook page of his visit to Rohingya refugee camps in Cox’s Bazar, where he advocated for religious tolerance and religious freedom.  In July the embassy posted photographs on its social media platform of religious leaders from Bangladesh at the first Ministerial to Advance Religious Freedom in Washington D.C.

Embassy and other U.S. government officials expressed support for the rights of religious minorities and emphasized the importance of their protection.  Embassy officials met regularly with a wide range of religious organizations and representatives, including the Islamic Foundation Bangladesh, Bangladesh Hindu Buddhist Christian Unity Council, Bangladesh Christian Association, Buddhist Religious Welfare Trust, Christian Religious Welfare Trust, World Buddhist Association Bangladesh, Bangladesh Buddhist Federation, Chittagong Hill Tracts Land Commission, Bangladesh Prabarana Purnima Celebration Committee, Bangladesh Kathin Cibor Danustan Celebration Committee, International Buddhist Monestary of Dhaka, and the Aga Khan Foundation.  Embassy officials met with a group of Rohingya imams on several visits to Rohingya refugee camps and makeshift settlements in Cox’s Bazar District.  In these meetings, embassy and other U.S. government officials and representatives from the various groups discussed the state of religious freedom in the country, identified challenges religious minorities encountered, and discussed the importance of religious tolerance.

Embassy officials met regularly with a working group of 11 foreign missions to discuss a broad range of human rights concerns, including religious freedom.

The U.S. government estimates the total population at 293,000 (July 2018 estimate).  According to the most recent census of 2010, approximately 76 percent of the population is Christian, including Anglicans (23.9 percent of the total population), Pentecostals (19.5 percent), Seventh-day Adventists (5.9 percent), Methodists (4.2 percent), Roman Catholics (3.8 percent), Wesleyans (3.4 percent), Nazarenes (3.2 percent), and the Church of God (2.4 percent).  Religious groups with 2 percent or less of the population each include Baptists, Moravians, The Church of Jesus Christ of Latter-day Saints, and Jehovah’s Witnesses.  Other religious groups, together constituting less than 3 percent of the population, include Muslims, Jews, Rastafarians, Hindus, Buddhists, and Baha’is.  Approximately 20.6 percent of respondents do not identify a religious affiliation.  The Barbados Muslim Association states there are 3,000 Muslims.

Legal Framework

The constitution provides for freedom of religion, including the freedom of individuals to change their religion, and prohibition of discrimination based on creed.  A law criminalizing “blasphemous libel” is not enforced.

The government does not require religious groups to register.  To obtain duty-free import privileges and tax benefits, however, the government requires religious groups to register with the Corporate Affairs and Intellectual Property Office.  A religious group must file the relevant customs and tax forms, along with a resolution passed by the majority of its board of trustees expressly authorizing the application, plus the group’s related statutory declaration.

The constitution grants religious groups the right to establish and maintain private schools and provide religious instruction.  The government provides subsidies or financial assistance to some of these schools to help cover the cost of students who could not find space in a public school.  The public school curriculum includes religious “values education” as part of the historic association of schools with Christian missionaries who founded many of the schools.  At the primary school level, the focus is on Christianity from several denominations.  At the secondary school level, all major religions are included.  The constitution protects students from mandatory religious instruction, ceremony, or observance without personal consent or, if under the age of 21, consent of the guardian.

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

Government Practices

Rastafarians again stated their objection to the government’s enforcement of the marijuana prohibition for any use, including for religious rituals.

Representatives from the Barbados Muslim Association said they objected to a government policy requiring women to remove all head coverings for identification and passport photographs.  The association met with all political parties to discuss the issue, and the new administration stated that it would review this practice.  Some Rastafarians again stated that police and immigration officials often asked them to remove head coverings and gave extra scrutiny to Rastafarian women at checkpoints as pretexts to search for marijuana.

Rastafarians stated that the requirement for vaccinations for all children to enroll in public schools violated Rastafarian religious beliefs.

Some Rastafarians again reported societal discrimination.  Rastafarian sources, however, also said they believed public opinion of their community was gradually improving.

U.S. embassy officials raised freedom of religious expression and discrimination issues at all levels, including with the Ministries of Education, Foreign Affairs, Home Affairs, and People Empowerment.

Embassy officials engaged leaders and members of civil society and religious groups, including the Muslim and Rastafarian communities, regarding the importance of religious expression and any concerns regarding societal or governmental discrimination based on religion or belief.  The embassy used Facebook to promote messages on the importance of religious freedom and respect for religious diversity across the Eastern Caribbean.

The U.S. government estimates the total population at 9.5 million (July 2018 estimate).  According to a January 2016 survey by the state Information and Analytical Center of the Presidential Administration, approximately 53 percent of the adult population belongs to the BOC and 6 percent to the Roman Catholic Church.  According to the state survey, 8 percent of the adult population is atheist, and 22 percent is “uncertain.”  Smaller religious groups together constituting approximately 2 percent of the population include:  Jews; Muslims; Greek Catholics (“Uniates”); Old Believers (priestist and priestless); members of the Belarusian Autocephalous Orthodox Church, and other Orthodox Christian groups, Lutherans, Jehovah’s Witnesses, Apostolic Christians, Presbyterians and other Protestant groups, Armenian Apostolics, Latin Catholics, members of the International Society of Krishna Consciousness, Baha’is, members of The Church of Jesus Christ of Latter-day Saints, and Buddhists.  Jewish groups state there are between 30,000 and 40,000 Jews.  Ethnic Poles, who constitute approximately 3 percent of the population, tend to be Roman Catholic.

Legal Framework

The constitution grants individuals the freedom to profess any religious beliefs and to participate in the performance of acts of worship not prohibited by law.  It stipulates all faiths are equal before the law.  The constitution states relations between the state and religious organizations shall be regulated by the law “with regard to their influence on the formation of the spiritual, cultural, and state traditions of the Belarusian people.”  It prohibits activities by religious groups that are directed against the country’s sovereignty, its constitutional system, and civic harmony; involve a violation of civil rights and liberties; “impede the execution of state, public, and family duties” by its citizens; or are detrimental to public health and morality.  The constitution states the law shall determine the conditions for exemption from military service and the performance of alternative service as a substitute.

The Office of the Plenipotentiary Representative for Religious and Nationality Affairs (OPRRNA) regulates all religious matters.

The law recognizes the “determining role” of the BOC, an Exarchate of the Russian Orthodox Church, in the development of the traditions of the people, as well as the historical importance of religious groups commonly referred to as “traditional” faiths:  Catholicism, Judaism, Islam, and evangelical Lutheranism.  The law does not consider as traditional faiths newer religious groups or older groups such as the priestless Old Believers, Greek Catholics (Uniates), and the Calvinist churches, which have roots in the country dating to the 17th century.

A concordat between the government and the BOC provides the BOC with autonomy in its internal affairs, freedom to perform religious rites and other activities, and a special relationship with the state.  The concordat recognizes the BOC’s “influence on the formation of spiritual, cultural, and national traditions of the Belarusian people.”  Although it states it does not limit the religious freedom of other religious groups, the concordat calls for the government and the BOC to combat unnamed “pseudo-religious structures that present a danger to individuals and society.”  The BOC, unlike other religious communities, receives state subsidies.  In addition, the BOC possesses the exclusive right to use the word “orthodox” in its title and to use as its symbol the double-barred image of the Cross of Saint Euphrosyne, the country’s patron saint.

The concordat also serves as the framework for agreements between the BOC and individual state agencies.  There are at least a dozen such agreements, including an agreement with the Ministry of Education covering cooperation on education through 2020 and providing for joint projects for the “spiritual and moral education” of students based on BOC traditions and history.

The law establishes three tiers of registered religious groups:  religious communities, religious associations, and national religious associations.  Religious communities must include at least 20 persons over the age of 18 who live in one or several adjoining areas.  Religious associations must include at least 10 religious communities, one of which must have been active in the country for at least 20 years, and may be constituted only by a national-level religious association.  National religious associations may be formed only when they comprise active religious communities in at least four of the country’s six regions.

According to government data as of January 1, 2017, (the most recent data available), there are 25 religious faiths and denominations registered in the country, encompassing 3,350 religious communities and 174 religious associations, monasteries, missions, brotherhoods, sisterhoods, and schools.  The BOC has 1,681 religious communities, 15 dioceses, seven schools, 35 monasteries, 15 brotherhoods, and 10 sisterhoods.  The Roman Catholic Church has four dioceses, five schools, 11 missions, nine monasteries, and 496 communities.  Protestant religious organizations of 14 denominations have 1,033 religious communities, 21 associations, 22 missions, and five schools.  There are 33 registered religious communities of Old Believers.  There are three Jewish religious associations – Orthodox, Chabad-Lubavitch, and Reform Judaism – comprising 52 communities, including 10 autonomous communities.  In addition, 24 Muslim religious communities – 23 Sunni and one Shia – are registered.

National religious associations include the BOC, Roman Catholic Church, Old Believers Church, Union of Evangelical Christian Baptists, Union of Christians of Evangelical Faith, Confederation of Christian Seventh-day Adventists, Association of New Apostolic Churches, Union of Full Gospel Christian Churches, Association of Jehovah’s Witnesses, Union of Evangelical-Lutheran Churches, Jewish Religious Union, Association of Jewish Religious Communities, Union of Reform Judaism Communities, Muslim Religious Association, Spiritual Board of Muslims, and the Religious Association of Baha’is.

To register, a religious community must submit an official application with the following information:  a list of its founders’ names, places of residence, citizenship, and signatures; copies of its founding statutes; the minutes of its founding meeting; and permission from the regional authorities confirming the community’s right to occupy or use any property referenced in its founding statutes.  A religious group not previously registered by the government must also submit information about its beliefs.  The law stipulates authorities may take up to six months to review a new registration application due to an additional evaluation of the religion by a state-appointed religious commission of experts.  The commission evaluates the fundamental teachings of the religion; rituals, practices, history, and forms and methods of activities; welfare and charitable services; proselytizing and missionary activities; approaches towards marriage and family; educational activities; attitudes toward health care; and compliance with legal requirements.  In addition, the community must submit any texts written by its founder or considered sacred by the followers of the religion, information about prohibitions on clergy or adherents, a list of countries where the religion is widely practiced, and a list of countries officially recognizing the religion.  It also must submit information about countries that have refused to recognize the religion and information about court cases against followers of the religion in other countries.

Regional government authorities, as well as Minsk city authorities or local municipal authorities (for groups outside of Minsk), review all registration applications.  Permissible grounds for denial of registration are broad and include failure to comply with requirements for establishing a community, an inconsistent or fraudulent charter or other required document, violations of the procedures to establish religious organizations, or a negative evaluation by the state-appointed religious commission of experts.  Communities may appeal refusals in court.

In order to register as a religious association or national religious association, a group must provide an official application with a copy of the founding statutes, a list of members of the managing body with biographical information, proof of permission for the association to be at its designated location, and the minutes from its founding congress.  Religious associations have the exclusive right to establish religious educational institutions and organize cloistered and monastic communities.  All applications to establish religious associations and national associations must be submitted to OPRRNA, which has 30 days to respond.  Grounds for refusal are the same as for religious communities except they also include failure to comply with requirements for establishing an association rather than a community.  Refusals or a failure by OPRRNA to respond within the 30-day period may be appealed in court.

The law confines the activities of religious communities and associations to the jurisdictional area where they are registered.  The law permits state agencies in charge of registration to issue written warnings to a registered religious group for violating any law or undertaking activities outside the scope of responsibilities in the group’s charter.  The government may apply to a relevant court, depending upon jurisdiction, to shut down the group if it has not ceased the illegal activity outlined in the written warning within six months or if the activity is repeated within one year of the warning.  The government may suspend activities of the religious group pending the court’s decision.  The law contains no provision for appeal of the warning or suspension.

The law bans all religious activity by unregistered groups and subjects group members to penalties ranging from unspecified fines to two years in prison.

The housing code permits religious groups to hold services at residential premises if local authorities grant permission.  The local authorities must certify the premises comply with a number of regulations, including fire safety, sanitary, and health code requirements.  The government does not grant such permission automatically, and the law does not permit religious groups to hold services in private residences without prior permission from local authorities.

By law, all religious groups must obtain permits to hold events outside of their premises, including proselytizing.

The law requires all religious groups to receive prior governmental approval to import and distribute religious literature.  The approval process includes official examination of the documents by state-appointed religious studies experts.

Although there is no law providing for a systematic restitution process for property, including religious property, seized during the Soviet and Nazi periods, groups may apply for the restitution of property to local authorities.  The law on religion specifically bans the restitution of seized property currently used for cultural or sports purposes.

The law permits associations and national associations to establish schools to train clergy; however, it does not permit religious communities to do so.

The law permits only registered religious groups that are members of national religious associations to organize extracurricular religious activities at educational institutions.  The law states the national religious association must first conclude an agreement on cooperation with the Ministry of Education; the BOC is currently the only religious group to have such an agreement.  Students who wish to participate in voluntary “moral, civic, and patriotic education” in collaboration with religious groups must either provide a written statement expressing their desire to participate or secure their legal guardians’ approval.  According to the law, “such education shall raise awareness among the youth against any religious groups whose activities are aimed at undermining Belarus’ sovereignty, civic accord, and constitutional system or at violating human rights and freedoms.”

The law prohibits religious groups from conducting activities in any school without identifying themselves.  It also prohibits visits from representatives of foreign religious groups; missionary activities; collections of donations or fees from students for religious groups or any charity; distribution of religious literature, audio, video, and other religious materials; holding prayer services, religious rituals, rites, or ceremonies; and placing religious symbols or paraphernalia at educational institutions.

The law does not allow private religious elementary, junior, or senior high schools or homeschooling for religious reasons.

The law establishes penalties ranging from fines to five years in prison for failure to fulfill mandatory military service, with an exemption for conscientious objectors for religious reasons.  The law allows alternative civilian service for conscientious objectors.  By law, individuals who evade alternative civilian service may face up to five years in prison.

Only registered religious associations may apply to OPRRNA for permission to invite foreign clergy to the country.  OPRRNA must grant permission before foreign religious workers may serve in local congregations, teach or study at local institutions, or participate in charitable work.  The government generally grants such permission for a period of one year, which may be reduced or extended.  OPRRNA has 30 days to respond to requests for foreign clergy permits (religious visas) and may deny requests without explanation.  There is no provision for appeals.

By law, the government permits foreign missionaries to engage in religious activity only in the territorial area where their religious association is registered.  Transfers of foreign clergy within a religious association, including from one parish to another, require prior government permission.  By law, foreigners may not lead religious groups.  The authorities may reprimand or expel foreign citizens who officially are present in the country for nonreligious work if they lead any religious activities.  Law enforcement agencies on their own initiative or in response to recommendations from other government entities, such as the security service, may require foreign clergy to depart the country.

The law does not restrict religious groups from raising donations in public.

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

Government Practices

The international religious freedom nongovernmental organization (NGO) Forum 18 reported that on October 27, police in Lepel in the Vitsyebsk Region detained Baptist husband and wife Andrei and Tatsyana Fokin, who were singing Christian songs and distributing Christian literature.  Authorities charged both with violating procedures for organizing a mass event or demonstration and fined the husband 661.5 rubles ($310) and the wife 539 rubles ($250).  Andrei Fokin said he and his wife were still in debt from 2017 fines levied following their detention in 2017 for similar activities.

According to Forum 18 and the Jehovah’s Witnesses, authorities in Rahachou in Homyel Region detained Jehovah’s Witnesses Tamara Vitkouskaya and Volha Hrapava on March 24 as they were distributing religious literature, charging them with illegal picketing.  On May 16, the Rahachou District Court fined the two Witnesses 49 rubles ($23) each, and the Homyel Regional Court dismissed their subsequent appeals in June.

Forum 18 also reported that on November 26, authorities detained for 24 hours Father Vikentsy, a priest of the Belarusian Autocephalous Orthodox Church, which is not officially registered, for preaching and seeking donations in an apartment block in Minsk.  Forum 18 stated that on November 30, a Minsk district court found Vikentsy not guilty and closed the case.

The government continued surveillance on minority religious groups of various Protestant denominations.  According to various observers, government “ideology officers” (officials in charge of implementing political and social government policies) continued to monitor the activities of members of unregistered religious groups in their workplaces, although there were no reports of prosecutions.  Government officials reportedly had occasional “informal” talks with members of religious groups to learn about their activities.  According to religious leaders, state security officers also continued to attend religious services of registered Protestant communities to conduct surveillance, which group members described as intimidation and harassment.  The Roman Catholic Church expressed concerns that in some regions of the country local ideology officers requested the church provide them with Sunday school programs and lists of children attending them.  According to the independent Belarusian Christian news portal krynica.info, local authorities in some regions summoned Catholic priests for questioning after they held services to honor the anniversary of the 1918 establishment of the Belarusian National Republic on March 25.

Christian groups continued to state the registration requirements for religious groups remained complex and difficult to fulfill, which they said restricted their activities, suppressed freedom of religion, and legalized criminal prosecution of individuals for their religious beliefs.  The government’s guidelines for evaluating registration applications remained sufficiently broad, they said, to continue to give authorities a pretext for denying applications from groups they considered unacceptable.

During the year, authorities in Barysau, Slonim and Vileika rejected applications from Jehovah’s Witnesses communities.  Authorities also continued to deny registration to several Protestant religious communities, including a community within the Union of Full Gospel Christian Churches in Maladzechna.  On July 6 and then on August 30, city authorities denied an independent Pentecostal community’s applications for registration in two separate locations in Minsk.  In both cases, officials stated that locations provided by the community did not comply with regulations, but did not explain their refusals in detail.  The community filed an appeal on October 18, which was denied in December.

Independent religious experts continued to report minority religious groups remained reluctant to apply for registration because members continued to be unwilling to provide their names as part of the application process due to fear of harassment and punishment by the authorities.  Additionally, a number of them said they did not report registration denials because they believed that if they did not publicize the denials, they might still be able to negotiate their communities’ registration with local authorities.

In November the UN Human Rights Committee recommended the state repeal the requirement of mandatory state registration of religious communities, but the state had taken no action as of the end of the year.

Many unregistered religious groups stated they continued to maintain a low profile because of what they believed to be government hostility and due to fear of criminal prosecution.  According to independent religious experts, many registered religious communities also remained reluctant to report abuses and restrictions because of fear of punishment.

Nontraditional religious groups continued to state the procedure for registering and using residential premises for religious gatherings remained cumbersome and arbitrary.  Authorities continued to deny permission for a registered Jehovah’s Witness community in Homyel to hold religious services at a private home, but continued to allow it to hold services at rented premises.  In October the local government in the city of Mahilyou allowed a local Jehovah’s Witness community to hold religious services at rented premises.  According to Jehovah’s Witnesses, in August the Mahilyou Regional Executive Committee issued a warning notice to the local community for engaging in illegal religious activity and meeting in places that were not designated for worship and without authorization from the local authorities.

Human rights groups reported prison administrators continued to deny Muslim and Protestant clergy, and in some cases Roman Catholic clergy, as well as clergy from nontraditional faiths (any faiths not among the four recognized as “traditional”), permission to visit inmates in prison.  At the same time, they said, authorities continued to grant BOC, and in some cases Catholic clergy, permission to visit believers in prison on a regular basis, and many prisons had designated Orthodox religious facilities.

Jehovah’s Witnesses reported Minsk city officials approved a request from the national association for a convention to take place in the city July 27 to 29.  Approximately 9,000 members attended the convention without hindrance, compared with approximately 7,300 the previous year.  In November, however, authorities in a Minsk district denied a Jehovah’s Witnesses community group’s application to hold a convention for its Minsk city community of approximately 1,000 members at a local cultural center on November 24-25.  In Vitsyebsk, authorities denied a request from the Jehovah’s Witnesses to hold a local convention in November.  In each case, authorities did not give a reason for the denial.

Authorities in the town of Radashkovichi allowed the Full Gospel Christian Church’s “Youth With A Mission” group to hold its Christian youth conference at a local facility April 27-May 1.

Religious groups, especially Protestants and Jehovah’s Witnesses, continued to report they remained cautious about proselytizing and distributing religious materials due to what they said was the general atmosphere of intimidation and fear of punishment.  In contrast, Orthodox literature remained available countrywide.  The BOC remained able to proselytize freely and, unlike other religious groups, continued to participate in government-sponsored public events such as rallies without the need to seek prior approval from authorities.  According to Jehovah’s Witnesses, on March 30, the Brest Regional Executive Committee issued a notice to the Brest Religious Community of Jehovah’s Witnesses, warning the community it had distributed printed religious material at unauthorized locations.  The Jehovah’s Witnesses stated the warning did not refer to any specific incidents.

While the national government approved the import of the Jehovah’s Witnesses’ requested literature during the year, local governments in Brest and Mahilyou issued written warnings to communities against proselytizing.  According to Jehovah’s Witnesses, adherents generally had to wait three months before receiving permission to import new religious periodicals.

Religious groups continued to report problems purchasing properties as places of worship.  They continued to say that converting residential property to religious use also remained difficult.  Renting a public facility to hold religious services remained difficult as well.  For example, some Protestant communities continued to report they were able to conclude only short-term lease agreements with the owners of the facilities the communities rented, which allowed authorities to pressure owners to terminate or not renew lease agreements as a means of preventing religious activities.  Protestant groups stated they continued to be more severely affected than other groups in this regard because they were less likely to own religious facilities and they could not apply for permission to conduct religious activities in private homes because these residences were too small to accommodate their numbers.

The government continued to require students to use textbooks that representatives of nontraditional religious groups said promoted intolerance towards them, citing chapters in the books that labeled such groups as “sects.”  The textbooks described nontraditional religious groups as “striving for the exclusiveness of their role, doctrine, and principles,” being isolationist, and claiming to be God-chosen, among other things.

According to media reports, school administrators continued to cooperate only with the BOC among registered religious groups, based on the BOC’s concordat with the government.  School administrators continued to invite BOC priests to lecture to students, organize tours of BOC facilities, and participate in BOC festivities, programs, and humanitarian projects.

On August 28, the Catholic Diocese of Hrodna received a certificate granting registration to Saint Kazimir’s College of Theology in Hrodna.  The college became the fifth Roman Catholic institute of higher education in the country.

Religious groups said the government continued to apply visa regulations in ways restricting the ability of foreign missionaries to live and work in the country.  Forum 18 reported OPRRNA rejected applications in the spring from the BOC’s Vitsyebsk Diocese for two Orthodox priests from Russia.

Local human rights portals stated that on April 30, the government expelled Polish Catholic priest Krzysztof Poswiata, who ministered in the town of Hatava near Minsk, after authorities refused to extend his permission to serve.  Poswiata reportedly received three speeding tickets in 2018, which authorities told Forum 18 was the reason for his expulsion.  Forum 18 reported that on June 4, OPRRNA rejected the application of the Catholic Diocese of Vitsyebsk for Polish priest Karol Prandzioch to serve at a parish in Shumilina, replacing another Polish priest who was leaving voluntarily.  Father Uladzimir Razanovich, secretary of the Vitsyebsk Diocesan administration, told Forum 18 that unofficially, the government wanted local religious communities to train local citizens as clergy rather than having foreigners.

According to Catholic Archbishop of Minsk Tadeusz Kondrusiewicz, foreign priests faced multiple challenges, including:  newly arrived priests had to undergo a lengthy approval process before obtaining permission to celebrate Mass; the government often issued them visas for only three to six months; and they often encountered administrative difficulties when trying to renew visas.

A representative of the Polish community in Hrodna told the press on July 26 that local authorities denied Polish priest Ryszard Umanski entrance into the country, saying he did not have a religious visa.  In applying for the visa, he reportedly said the visit would be private and not related to any religious activity.

There were no developments regarding the longstanding freeze placed on the assets of New Life Church in 2005.  Minsk authorities did not renew their attempts to evict the church from its premises, a process that began in 2007 and continued through 2012 after the authorities refused to register the church at its location.  While the church continued to use the space for religious purposes, it remained unable to obtain proof of ownership from the authorities and had no access to electricity.  Church leadership’s discussions with Minsk city authorities on the status and operations of the church were continuing at year’s end.

The authorities continued to permit the BOC to collect charitable donations in public as well as on its religious property.  While the law does not restrict other religious groups from raising donations in public, representatives of these groups said authorities continued to limit their fundraising activities to their own places of worship or other properties.  Groups said they faced government harassment if they tried to raise donations at other locations.

During the year, the Jewish community worked with local authorities to erect at least eight new privately funded monuments in the villages of Svislach, Klimavichy, and Petrykau and other locations that specifically commemorated Jewish victims of the Holocaust.

The government supported commemorative events and an international conference dedicated to the 75th anniversary of the destruction of the Minsk ghetto on October 21-23.  The Ministry of Foreign Affairs held an international roundtable on October 22 to discuss remembrance and lessons of the Minsk ghetto, which included former ghetto prisoners, local historians, international and local officials, and representatives of the diplomatic and Jewish communities.  Foreign Minister Uladzimir Makey condemned “hatred and bigotry, which could lead to killings of masses of people based on their religious or ethnic attributes.”  He also noted increasing xenophobia, discrimination, anti-Semitism and hate crimes, and warned against the revival of Nazism and ideas of racial superiority.

During the year, authorities convicted a number of offenders who reportedly associated themselves with neo-Nazis or skinhead movements for inciting ethnic and religious hatred against Jews, among others.  On February 27, a court in the Vitsyebsk Region sentenced a resident in Navapolatsk to three years in prison for posting videos on his social media featuring mass killings of Jews in the Holocaust and skinheads beating Muslims.  In another case, authorities convicted an individual from the Baranavichy District of Brest Region for posting videos with anti-Semitic content and calls for violence against natives of the Caucasus (the majority of whom are Muslim).  A court sentenced the man to a year and a month in jail on April 18.

In March a Mahilyou District court convicted two local residents detained in November 2017 for stealing parts of metal fencing from graves at a local Jewish cemetery.

According to Jehovah’s Witnesses, doctors continued to force their believers to accept blood transfusions as part of their treatment, despite their explicit written refusal of blood transfusions.

The BOC, in particular the Minsk-based parish of the Feast of the Presentation of the Blessed Virgin, continued its annual commemoration honoring Hauryil Belastoksky, a child allegedly killed by Jews near Hrodna in 1690, as one of its saints and martyrs.  Jewish community leaders again expressed concern over the memorial prayer recited on the anniversary of Belastoksky’s death on May 3, the text of which included a passage stating the “martyred and courageous Hauryil exposed Jewish dishonesty.”

In a televised interview on November 24, Metropolitan of the BOC Pavel said Baptists were “a sect,” focused on their “missionary activities,” and called them “annoying” and said they were spreading “propaganda and not preaching.”  He added, “You cannot talk to them about anything and if you do, they turn into gypsies” and “start soliciting until they rob you.”  On November 27, head of the Union of Evangelical Christian Baptists Leanid Mikhovich called the Metropolitan’s remarks “unacceptable” and blessed “all Baptists in the country, especially representatives of the Roma who are believers of [our] faith.”

While the government had previously banned various literature and printed materials it classified as “extremist” and they were no longer widely sold in mainstream bookstores, anti-Semitic and xenophobic newspapers, literature, digital video discs, and videotapes, frequently imported from Russia, continued to be available.

The Bible Society, an interdenominational Christian fellowship center, continued to print and distribute copies of the Bible and other religious literature, including donating Bibles to children’s and nursing homes, temporary shelters, rehabilitation centers, and hospitals during the year.  The society also distributed copies of the Bible and other religious literature to foster and underprivileged families in towns and villages across the country.  In addition, the society extensively promoted the distribution of the Bible translated into the Belarusian language.  Founded by the BOC, Roman and Greek Catholic Churches, Union of Evangelical Christian Baptists, Union of Christians of Evangelical Faith, and Confederation of Christian Seventh-day Adventists, the Bible Society also engaged in educational and charitable projects targeting vulnerable populations.  These projects included Bible studies, summer schools and camps, and literacy courses for children.

An interreligious working group comprised of the BOC, Union of Evangelical Christian Baptists, Union of Evangelical-Lutheran Churches, and Jewish religious communities organized quarterly meetings, seminars on theological themes, trips around the country, and a trip to Dachau and Flossenburg, Germany, that focused on interfaith dialogue.  The group visited sites of former concentration camps and participated in commemorations of the1938 Kristallnacht pogrom in Munich.

On January 20, BOC, Roman and Greek Catholic, Protestant, and Lutheran churches held ecumenical services marking the international Week of Prayer for Christian Unity at parishes across the country.  Clergy stressed the importance of cooperation and understanding among Christians.

In October embassy officials and a visiting U.S. delegation that included the Chair of the U.S. Commission on Protection of America’s Heritage Abroad and the Deputy Special Envoy for Holocaust Issues met with officials from the Ministries of Culture and Foreign Affairs as well as prosecutors to discuss concerns related to the preservation of Jewish heritage sites.  The delegation also participated in the Ministry of Foreign Affairs-sponsored international roundtable to commemorate the 75th anniversary of the destruction of the Minsk ghetto on October 22.  Also in October the Assistant Secretary of State for European and Eurasian Affairs met with senior government officials for discussions that included religious freedom concerns.  The Charge d’Affaires regularly raised religious freedom concerns at the highest levels of government throughout the year.

The Charge d’Affaires and other embassy officials continued to meet regularly with representatives of the BOC, Roman Catholic Church, and minority religious groups.  They discussed anti-Semitism and the preservation of Jewish religious heritage with Jewish religious groups, and discussed government restrictions on registration and operations with the Jehovah’s Witnesses and Protestant groups.  Embassy officials also continued to hold regular discussions about restrictions on religious freedom with religious freedom activists, religious leaders, lawyers for religious groups, and representatives of the For Freedom of Religion initiative, a group of civil society activists promoting religious tolerance.  In October a Protestant pastor from Hrodna participated in the Interfaith Dialogue and Religious Freedom multi-regional program sponsored by the Department of State.  On social media, embassy officials posted the Secretary of State’s speeches and other materials related to religious freedom.

The U.S. government estimates the total population at 11.5 million (July 2018 estimate).  A 2011 report (based on 2009 data) by the King Baudouin Foundation estimates the religious affiliation of the population to be 50 percent Roman Catholic, 33 percent without affiliation (a figure that includes secular humanists), 9 percent atheist, 5 percent Muslim, 2.5 percent non-Catholic Christian, and 0.4 percent Jewish.  According to the report, other religious groups that together constitute less than 5 percent of the population include Buddhists, Hindus, Sikhs, the International Society of Krishna Consciousness, Scientologists, and The Church of Jesus Christ of Latter-day Saints.  A 2015 study by the Catholic University of Louvain updates the estimate of the Muslim portion of the population to approximately 7 percent, with no significant changes for other affiliations.  The Muslim population is highest in Antwerp and Brussels, where some studies estimate it at more than 25 percent of the respective metropolitan areas.

Legal Framework

The constitution guarantees freedom of worship (including its public practice) and freedom of expression, provided no crime is committed in the exercise of these freedoms.  It states no individual may be required to participate in any religious group’s acts or ceremonies or to observe the group’s religious days of rest and bars the state from interfering in the appointment of religious clergy or blocking the publication of religious documents.  It obligates the state to pay the salaries and pensions of religious clergy (according to law, to qualify these clergy must work in recognized houses of worship and be certified by those religious groups), as well as those of representatives of organizations recognized by the law as providing moral assistance based on a nonconfessional philosophy.

The law prohibits discrimination based on religious or philosophical (e.g., nonconfessional) orientation.  Federal law prohibits public statements inciting religious hatred, including Holocaust denial.  The maximum sentence for Holocaust denial is one year in prison.

The government officially recognizes Catholicism, Protestantism (including evangelicals and Pentecostals), Judaism, Anglicanism (separately from other Protestant groups), Islam, Orthodox (Greek and Russian) Christianity, and secular humanism.

The requirements to obtain official recognition are not legally defined.  The legal basis for official recognition is the constitution and other laws and interpretations, some of which predate the constitution itself.  A religious group seeking official recognition applies to the Ministry of Justice, which then recommends approval or rejection.  The government evaluates whether the group meets organizational and reporting requirements and applies criteria based on administrative and legislative precedents in deciding whether to recommend that parliament grant recognition to a religious group.  The religious group must have a structure or hierarchy, a “sufficient number” of members, and a “long period” of existence in the country.  It must offer “social value” to the public, abide by the laws of the state, and respect public order.  The government does not formally define “sufficient number,” “long period of time,” or “social value.”  Final approval is the sole responsibility of the federal parliament; however, parliament generally accepts the ministry’s recommendation.

The law requires each officially recognized religion to have an official interlocutor, such as an office composed of one or more representatives of the religion plus administrative staff, to support the government in its constitutional duty of providing the material conditions for the free exercise of religion.  The functions performed by the interlocutor include certification of clergy and teachers of the religion, assistance in the development of religious curriculum, and oversight of the management of houses of worship.

The federal government provides financial support for officially recognized religious groups.  The subsidies for recognized groups include payment of clergy salaries and for maintenance and equipment for facilities and places of worship, as well as tax exemptions.  Denominations or divisions within the recognized religious groups (Shia Islam, Reform Judaism, or Lutheranism, for example) do not receive support or recognition separate from their parent religious group.  Parent religious groups distribute subsidies according to their statutes, which may also include salaries to ministers and public funding for renovation or facility maintenance.  Unrecognized groups outside of these recognized religions do not receive government subsidies but may worship freely and openly.

There are procedures for individual houses of worship of recognized religious groups to obtain recognition and state subsidies.  To do so, a house of worship must meet requirements set by the region in which it is located and by the federal Ministry of Justice.  These requirements include transparency and legality of accounting practices, renunciation of foreign sources of income for ministers of religion working in the facility, compliance with building and fire safety codes, certification of the minister of religion by the relevant interlocutor body, and a security check.  Recognized houses of worship also receive subsidies from the linguistic communities and municipalities for the upkeep of religious buildings.  Houses of worship or other religious groups that are unable or choose not to meet these requirements may organize as nonprofit associations and benefit from lower taxes but not government subsidies.  Houses of worship in this situation (i.e., not completing the recognition process) may still be affiliated with an officially recognized religious group.

There is a federal ban on covering one’s face in public.  Women who wear the full-face veil in public face a maximum fine of 137.50 euros ($160).

The constitution requires teaching in public schools to be neutral with respect to religious belief.  All public schools outside of Flanders offer mandatory religious or “moral” instruction (which is oriented towards citizenship and moral values); parents in schools in Flanders may have their children opt out of such courses.  Francophone schools offer “philosophy and citizenship” courses alongside courses on the recognized religions, based on a constitutional court ruling.

Schools provide teachers, clerical or secular, for each of the recognized religious groups, as well as for secular humanism, according to the student’s preference.  The public education system requires neutrality in the presentation of religious views outside of religion classes.  Teachers of religion are permitted to express their religious beliefs and wear religious attire, even if school policy otherwise forbids such attire.  Public school religion teachers are nominated by a committee from their religious group and appointed by the linguistic community government’s education minister.  Private, authorized religious schools, known as “free” schools, follow the same curriculum as public schools but may place greater emphasis on specific religious classes.  Teachers at these religious schools are civil servants, and their salaries, as well as subsidies for the schools’ operating expenses, are paid for by the respective linguistic community, municipality, or province.

Unia is a publicly funded but independent agency responsible for reviewing discrimination complaints, including those of a religious nature, and attempting to resolve them by such means as mediation or arbitration.  The agency lacks legal powers to enforce resolution of cases.

The justice minister appoints a magistrate in each judicial district to monitor discrimination cases and oversee their prosecution, including those involving religion, as a criminal act.

Bans on the slaughter of animals without prior stunning enacted by the Walloon and Flanders regional governments in 2017 are scheduled to take effect in 2019, ending the long-standing authorization certified permanent slaughterhouses in those regions have had to slaughter animals without prior stunning.

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

Government Practices

The government maintained its efforts, initiated after 2016 terrorist attacks, to curb what it termed radical Islam in the country’s mosques and highlighted Salafism in particular as a possible driver of violent extremism.  The federal and regional governments stated they remained committed to their previously announced plans to encourage mosques to seek official recognition as a means of increasing government oversight.  According to government officials, including Minister of Justice Koen Geens and Brussels Minister-President Rudy Vervoort, government funding for imams and infrastructure at officially recognized mosques would reduce the mosques’ reliance on foreign sources of funding, such as those from Saudi Arabia, and afford the government greater oversight of how those mosques vetted imams.

Although the federal government recommended several mosques for recognition by the regional governments, the number of recognized mosques increased by only two, to 85, during the year.  Some observers, such as a sociologist at the Free University of Brussels, stated a number of mosques opted not to seek official recognition because they received sufficient foreign funding and preferred to do without government oversight.

Long-standing applications for government recognition by Buddhists and Hindus remained pending.  Buddhists filed their request for recognition in 2008, and Hindus in 2013.  There were no other pending recognition requests by religious groups.  Despite the lack of recognition, Buddhists received federal government subsidies of approximately 200,000 euros ($229,000).  Hindus did not receive any government subsidies.

In accordance with recommendations in a 2017 report by a parliamentary commission investigating terrorist attacks, the federal government announced in March it would terminate Saudi Arabia’s lease on the Great Mosque in Brussels, effective March 31, 2019.  Saudi Arabia had signed a 99-year lease for the building in 1969.  The government called for the creation of a new, pan-Islamic institution to manage the mosque and said the Muslim Executive, the Muslim community’s official interlocutor with the government, would be responsible for creating the institution and ensuring it began managing the mosque by the lease termination date.  The government said it terminated the lease because the Great Mosque was spreading Wahhabi Salafism, which the government stated played a role in spreading violent radicalism.  According to media reports, in September the Council of State, the country’s highest administrative court, denied an appeal by Saudi Arabia against the lease termination, ruling that the council lacked jurisdiction in the case.

The government maintained its ban on wearing religious symbols in public sector jobs requiring interaction with the public.

On September 18, the European Court of Human Rights ruled the government had violated the EU Convention on Human Rights by excluding a Muslim woman from a courtroom in 2017 for refusing to remove her headscarf.  The court ordered the government to pay the woman 1,000 euros ($1,100).

Most public schools continued to ban headscarves, in accordance with government policy allowing individual schools to decide whether to impose such bans.  According to media reports, at least 90 percent of Francophone community public schools and virtually all Flemish public schools maintained such bans.

According to Muslim groups, city and town administrations continued to withhold or delay approval for the construction of new mosques and Islamic cultural centers.  In Court-Saint-Etienne in May, city authorities granted an application for the construction of a new mosque after denying it four times during the previous several years.  Mosque construction projects in La Louviere, Kortrijk, and Ghent still faced legal obstacles and/or opposition from public authorities or neighbors.

The Jewish and Muslim communities remained opposed to the decisions by the Flanders and Walloon governments to ban slaughter without prior stunning.  As in the previous year and unlike in years prior to 2017, the Brussels regional government did not authorize any temporary slaughterhouse to carry out slaughter without prior stunning during Islamic holidays.

Appeals against the Flemish and Walloon laws banning animal slaughter without stunning remained pending at the Constitutional Court at year’s end.  Members of the Muslim Executive, the Coordination Committee of Jewish Organizations of Belgium (CCOJB), representing Jewish groups in the country, together with the Belgian section of the European Jewish Congress and the World Jewish Congress, Muslim and Jewish NGOs, and Muslim and Jewish individuals, with the assistance of the U.S.-based NGO Lawfare Project, jointly appealed to the Supreme Court against the Flemish ban in a letter dated January 16.  The Jewish Consistoire (the Jewish community’s official interlocutor with the government), the Francophone branch of the CCOJB, Jewish NGOs, and Jewish individuals appealed to the Constitutional Court against the Walloon ban in a letter dated November 28, 2017.  The Muslim Executive, Muslim NGOs, and Muslim individuals also appealed to the Supreme Court against the Walloon ban in a November 30, 2017 letter.  At year’s end there were four appeals against the Walloon ban and five against the Flemish ban, all pending before the Constitutional Court.

In May the European Court of Justice upheld the existing Flanders law restricting the nonstun, ritual slaughter of animals by the Jewish and Muslim communities to licensed butchers.  Muslims had originally challenged the law, which prohibited temporary slaughter arrangements at times of peak demand, for example, during Islamic holidays such as Eid al-Adha, in Belgian courts in 2016.

The Ministry of Justice increased its annual allocation for clergy salaries and other financial support for recognized religious groups by four million euros to 111 million euros ($4.59 million to $127.29 million).  Catholic groups once again received approximately 85 percent of the total available funding for religious groups, followed by secular humanists (8 percent) and Protestant groups (2.5 percent).  Muslims again received approximately 2.3 percent of the funding, and Jews approximately 0.9 percent.  According to the report for 2017 issued in June by the Observatory of Religions and Secularism at the Free University of Brussels, the Muslim community, contrary to other recognized religious groups, received a smaller percentage of the government’s allocation than its share of the population, and its representative body faced budget difficulties.

According to a March report by Israeli online news site Ynet News, a parent in Bruges reported to the Jerusalem-based NGO International Legal Forum that a geography textbook approved by the education ministry and used throughout the country included an anti-Semitic cartoon.  The cartoon stated that, according to Amnesty International, Israel denied Palestinians adequate access to water.  It depicted an overweight Jew with payot (sidelocks) asleep in a bathtub overflowing with water juxtaposed with an old Palestinian woman unable to fill an empty water bucket.  International Legal Forum Director Ylfa Segal wrote to the education ministry, stating, “It could scarcely be believed that in 2018 Belgian caricatures exist that scream anti-Semitism so bluntly… we demand the caricature be summarily expunged.”  Ynet News reported that in May Flemish Education Minister Julia Crevits wrote to Segal, announcing the cartoon would be removed from the next edition of the book.  The news site quoted Segal as stating, “We welcome the education minister’s understanding of the gravity of the matter and her action to expunge it.”

There were reports of violence, threats, harassment, discrimination, and hate speech against Muslims and Jews during the year.  Except for anti-Semitic incidents, which it defined as incidents against Jewish persons rather than against the practice of the Jewish religion and tracked separately, Unia reported 319 complaints of religious discrimination or harassment in 2017, the most recent year for which data were available, compared with 390 complaints in 2016.  Approximately 85 percent of incidents targeted Muslims.  There were 10 incidents against Christians, five against Jewish religious practice, and three against nonbelievers.  According to Unia, 39.5 percent of the complaints in 2017 involved speech in media or on the internet (half of these media/internet complaints involved Facebook), 26 percent concerned discrimination in the workplace, and 11 percent occurred in the education sector (where a plurality of incidents involved restrictions or prohibitions on wearing of the hijab).  Unia also preliminarily reported 101 anti-Semitic incidents in 2018, one of the highest totals in recent years, and 80 percent more than the 56 incidents reported in 2017.  The report did not cite details of any of the incidents.  Jewish groups reported anti-Semitic statements and attitudes in the media and in schools during the year, including ones related to the Holocaust.

On July 3, two persons assaulted a Muslim woman in Anderlues, pulling off her headscarf and some clothes, including her bra, calling her a “dirty Arab,” knocking her to the ground, and then cutting her body, forming the shape of a cross.  Police said they were investigating and did not disclose information on the victim’s condition.

In December according to press reports, a man in Anderlecht punched a Muslim woman wearing a hijab on the street.  The footage was shared on the internet, and the woman called on the authorities to find her attacker.  The Muslim Executive condemned the attack as “Islamophobic.”

In October a man in Marchienne-au-Pont threatened a Jewish couple and their son in front of their home with a gun, saying he would shoot the woman in the head.  The man had reportedly threatened the woman the week prior before the incident.  Following the second incident, an unidentified person fired a shot from a vehicle in front of the Jewish couple’s home.

In July the same woman stated that she and her family had become the target of harassment after neighbors discovered the family was Jewish.  The woman said death threats had been stuffed into their mailbox and anti-Semitic graffiti scrawled on their front door.  She reported one letter called her “a dirty whore.”  The family complained to the police, who had not identified any suspects.

In February according to press reports, police said that an incident earlier that month in which a car nearly ran down an Orthodox Jewish man and his son was not anti-Semitic, contradicting a statement by the Belgian League Against anti-Semitism.  Security cameras showed the car jumping the curb and swerving towards the father and son, who were dressed in Hasidic garb.  Police reportedly charged the driver with driving while intoxicated.

Also in February police briefly detained a man described as a refugee after security camera footage showed him destroying at least 20 mezuzahs in Antwerp and vandalizing the doorways of several Jewish institutions.  Additional footage showed the man placing a Quran near a synagogue and knocking the hat off an Orthodox Jew on the street.  Police released the man without charging him.

Unia reported 82 complaints of workplace discrimination based on religion in 2017, compared with 88 in the previous year.  The main target of reported discriminations were Muslims.

According to Unia, NGOs, and media, incidents of religious discrimination towards Muslims in both the workplace and educational institutions typically involved actions directed against women wearing headscarves and a failure to make accommodations for prayer, religious holidays, or dietary requirements.

In October the National Secretary for Culture of the ACOD public service trade union, Robrecht Vanderbeeken, wrote an article for online alternative media site De Wereld Morgen accusing Israel of starving and poisoning Gaza and kidnapping and murdering children for their organs.  Wilfried Van Hoof, a private citizen, filed a complaint with Unia against Vanderbeeken.

In May, according to press reports, police authorities transferred a Brussels senior police officer from his post while they investigated reports the officer had engaged in Holocaust denial and insulted Jewish subordinates.  At year’s end the investigation was ongoing.

In May the League Against Anti-Semitism filed a complaint of anti-Semitism involving testimony from multiple witnesses against the head of the canine police unit in the Midi police zone of the Brussels-Capital Region.  One report stated he broadcast Nazi songs and shouted that the Nazi extermination camps and gas chambers were lies.

According to Flemish and Francophone news media, including the news service of public broadcaster VRT and newspaper De Standaard, the group Schild & Vrienden (Shield & Friends) was an extreme right-wing movement that portrayed itself as a conservative, family-values, Flemish national group but was secretly seeking to influence social and political circles with an agenda that included anti-Semitic and anti-Muslim messages and Nazi propaganda.  Journalists stated young people in the group were driving the movement and organizing training and camps abroad.  News articles cited boot camps with close combat and weapons training, as well as political outreach training.  Reportedly, the group’s leadership instructed members that their activities should remain nonviolent during organization-sponsored events.  Media also reported the group circulated anti-Semitic messages and that Ghent University suspended its leader, Dries Van Langenhove.

According to a report in the newspaper La Libre, Arabic-language training manuals for imams used in the Islamic and Cultural Center of Belgium, which included the Grand Mosque of Brussels, contained incitements to violence against Druze and Alawite religious minorities and hatred of Jews.  One manual referred to the fictitious and anti-Semitic Protocols of the Elders of Zion.  The newspaper cited as a source a report for a parliamentary review committee by the government’s Coordination Unit for Threat Analysis issued in February and covering 2016-17.

In December the European Union’s Agency for Fundamental Rights (EU-FRA) released its second survey of Jewish experiences and perceptions of anti-Semitism.  EU-FRA targeted Jewish populations through community organizations, Jewish media, and social networks; 785 individuals who identified themselves as Jewish residents of Belgium responded to the online survey.  Twenty-eight percent said they had witnessed other Jews being physically attacked, insulted, or harassed in the previous 12 months, and 39 percent reported being harassed over the same period.  One-quarter of respondents said they had felt discriminated against because of their religion or belief; 87 percent thought anti-Semitism had increased over the previous five years.

In November on the anniversary of Kristallnacht, a monument commemorating Holocaust victims was vandalized in Ghent.

Anti-Semitic comments appeared on Google Business and “Jews of Antwerp” Facebook pages in November.

In April Prime Minister Charles Michel joined Jewish groups, including the European Jewish Congress, in expressing regret at the Free University of Brussels’s decision to award British filmmaker Ken Loach an honorary doctorate.  Speaking about the award at Brussels’ Grand Synagogue, Michel said, “No accommodation with anti-Semitism can be tolerated.”  According to press reports, some critics accused Loach, a longtime Palestinian advocate and critic of Israel, of anti-Semitism and Holocaust denial after remarks he made during an interview in 2017.  Loach strongly denied he was anti-Semitic, calling the charge “malicious.”  The Free University stood by its decision to honor Loach and issued a statement by Loach in which he said the Holocaust was real and “not to be doubted.”

In August the Brussels public transportation authority dismissed an employee after it discovered he had Nazi tattoos on his arm.

In May an Antwerp court sentenced a man to five months in prison and fined him 300 euros ($340) for Holocaust denial for statements he had made at his workplace in 2016.

In June an Antwerp court sentenced a man to a partially suspended sentence of 18 months in prison and a 1,600 euro ($1,800) fine for incitement to hatred, harassment, and vandalism with racist intent against Jews and Jewish symbols.  Media reports did not provide further details about the case.

U.S. embassy officials discussed continued anti-Muslim and anti-Semitic incidents and sentiment in meetings with representatives from the Office of the Prime Minister; the Ministries of Foreign Affairs, Interior, and Justice; and regional governments.  Embassy officials also discussed with government officials the continued efforts of Buddhist and Hindu groups to obtain recognition and the status of the government’s plans to encourage more mosques to apply for official recognition as places of worship.

In October the embassy sponsored the visit of a United States-based imam, who also headed an NGO fostering dialogue, to engage with religious leaders, local police officials, NGOs, and academics on ways to promote interfaith and intercultural understanding and tolerance.  Also in October the embassy sponsored a Flemish Muslim community leader who runs a network for young Muslim professionals to participate in an exchange focusing on religious pluralism.  In November the embassy sponsored the participation of a Francophone politician and civil society leader in a training program focused on youth empowerment and tolerance.

Additionally, the embassy awarded small grants to fund programs promoting religious tolerance and understanding among youth.  The embassy supported the NGO Actions in the Mediterranean, led by a prominent Jewish community leader and politician, which educated high school youth of different religious backgrounds on how to work constructively and bridge divides around the topic of the Israel-Palestinian conflict.  The embassy also supported a local NGO that taught negotiation skills to diverse groups of high school students from different religious and cultural backgrounds to promote mutual understanding.  The embassy provided a grant to the Jewish Museum of Brussels to highlight the work of a Jewish photographer and invited disadvantaged youth groups of predominantly Muslim background to the Jewish Museum for guided tours to promote religious tolerance.

Embassy officials regularly met with religious leaders to discuss incidents of religious discrimination and ways to counter public manifestations of anti-Muslim and anti-Semitic sentiment.  They continued engagement with activists from the Catholic, Muslim, and Jewish communities to promote interreligious understanding.

In March the embassy sponsored the attendance of eight Belgian student leaders from a variety of Muslim NGOs who had participated in the embassy’s youth interfaith competition in 2017 at a leadership, intercultural, and interfaith program in the United States.  The program focused on developing leadership skills by fostering tolerance and mutual understanding through interfaith dialogue.

In June the embassy cohosted an iftar for disadvantaged Muslim and other youth who used the arts to promote religious tolerance and inclusion during Ramadan.  In July the embassy sponsored the participation of six experts on Islam from academia, NGOs, and the clergy in an interfaith program in the United States that highlighted religious freedom and interfaith relations as pathways to a more tolerant society.

The U.S. government estimates the population at 386,000 (July 2018 estimate).  According to the 2010 census, the Roman Catholic Church is the largest religious group, accounting for 40 percent of the population.  Protestants make up 32 percent, including Pentecostals (8 percent), Seventh-day Adventists (5 percent), Anglicans (5 percent), Mennonites (4 percent), Baptists (4 percent), Methodists (3 percent), and the Church of the Nazarene (3 percent).  Jehovah’s Witnesses make up 2 percent of the population, while other religious groups, including The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), Buddhists, Hindus, Muslims, Rastafarians, The Salvation Army, and Baha’is, together constitute 11 percent.  Approximately 15 percent of the population does affiliate with a listed religious organization.

No religious group is a majority in any of the country’s six districts.  Catholics reside throughout the country.  Mennonites and Pentecostals reside mostly in the rural areas of the Cayo and Orange Walk Districts.

Legal Framework

The constitution provides for freedom of religion, freedom to change religion or belief, and freedom – either alone or in community with others – to manifest and propagate one’s religion or belief in worship, teaching, practice, and observance.  It states that no one may be compelled to take an oath contrary to one’s religion or belief.  The constitution stipulates that religious groups may establish places of education and states that “no such community shall be prevented from providing religious instruction for persons of that community.”  Discrimination on religious grounds is illegal.

The preamble to the constitution acknowledges “the supremacy of God.”  The Council of Churches, a board including representatives from several major Christian denominations, and the Belize Association of Evangelical Churches (BAEC), together appoint one individual to the senate with the governor general’s concurrence.  The two groups together include the Anglican, Catholic, Methodist, and Presbyterian Churches, the Salvation Army, the Chinese Christian Mission, the Church of Christ, Assembly of God Church, the Seventh-day Adventists, and other evangelical Protestant groups.  They do not include, however, the National Evangelical Association of Belize (NEAB), which split from the BAEC in 2015 over political differences, or any non-Christian denominations.  The current “church” senator was appointed in November 2015.  Senate transitions typically occur with a change in administration.

An unenforced law limits speech that is “blasphemous or indecent.”

The law requires all religious groups to register with the official Companies Registry in the Ministry of the Attorney General in a process similar to that of a business.  Registration permits the religious organization to operate legally in the country; receive state recognition; negotiate, sue, and be sued; own property; hire employees; and lend or borrow money.  There is a one-time registration fee of 295 Belize dollars ($150) and a yearly fee of five Belize dollars ($3).  Requirements for registration include a memorandum of association with the government delineating the group’s objective and mission, an article of association, and a letter from the central bank if the organization has foreign financial contributors.  The government may shut down the facilities of groups that fail to register.

The government does not levy property taxes on churches and other places of worship.  Other church-owned buildings occupied on a regular basis, such as clergy residences, are not tax-exempt.  Religious organizations may also partner with the state to operate schools, run hospitals and other charity organizations, and, depending on funding availability, receive financial assistance from the government.

The public school curriculum includes weekly nondenominational “spirituality” classes incorporating morals and values.  Government-aided church-run schools are allowed to teach lessons on world religions for students from kindergarten through sixth grade.  While there is no official rule that governs a student’s ability to opt out of these sessions, parents may decide their children will not attend.  The constitution prohibits any educational institution from obligating a child to attend any religious ceremonies or observances.  Christian churches manage most public elementary schools, high schools, and some colleges.  Schools routinely observe Catholic and other Christian holidays at the schools’ discretion.  Non-Christian religious groups run a few schools, such as the Muslim Community Primary School in Belize City.

The law grants respect for inmates’ religious beliefs, and as such, inmates may participate in religious activities in prison.  Religious leaders may request use of the chapel inside the facility and offer religious services to inmates.  Prison authorities avoid requiring unnecessary work by prisoners on Sunday and other major Christian religious holidays (Christmas and Good Friday), and by prisoners recorded as belonging to other religions on their recognized day of religious observance.  The law allows religious scriptures and other books of religious observance be made available to prisoners.

To enter the country and proselytize, foreign religious workers need a multi-entry visa, which costs 100 Belize dollars ($50) and is valid for one year.  Applicants must also purchase a religious worker’s permit, costing 50 Belize dollars ($25).  The visas are renewable on an annual basis.  Visa requirements include information on intended length of stay, location, funding for activity, and specific purpose.  Members of all religious groups are eligible to obtain visas.  While a group does not need to be locally registered, recommendation by a locally registered religious group lends more credibility to the visa request, according to local authorities.

The Belize Defense Force retains a nondenominational chaplain and space for religious observance.  With the prior consent of authorities, any religious group may use the space for worship.

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

Government Practices

The government continued to engage religious groups on fostering tolerance for religious minorities, protecting religious freedom, and ensuring equal protection under the law.  Government engagement included meetings with the Council of Churches, Church Senator Ashley Rocke, and several other religious leaders.

The government-owned and financed central prison continued to run under the administration of a Catholic NGO, the Kolbe Foundation, providing policing and security, and helping ensure all prisoners had the right to practice their religion.  Religious leaders from varying denominations visited the prison to hold services at a nondenominational chapel in the prison.  Kolbe reported the prison continued to respect dietary restrictions for prisoners from various religious backgrounds.  Several religious groups, including Anglicans, Methodists, Catholics, evangelical Protestants, Seventh-day Adventists, Nazarenes, Mennonites, Jehovah’s Witnesses, Muslims, Baptists, and the Church of Jesus Christ, continued to make frequent use of the access to clergy granted by the prison administration.

Local religious groups, especially from Protestant denominations, continued to affiliate with international NGOs and religious partners from the United States and Canada to carry out missionary work in the country.  They held joint conferences and outreach activities to address health, poverty, and education issues.

Thirteen registered religious-based radio stations continued to operate in the country.  Some sources said evangelical Protestant groups continued to own and run most of the stations.  Other stations included one Catholic, two Mennonite, and one Pentecostal radio station.

The interfaith BCS, which promotes respect for religious diversity and includes representatives from Methodist, Catholic, Anglican, Salvation Army, Chinese Christian Mission, Presbyterian, and Pentecostal Churches, as well as Muslim and Baha’i leaders, promoted several initiatives.  These initiatives included counselling services for relatives of crime victims, with the objective to provide professional, multifaith, compassionate pastoral care to meet the spiritual and emotional needs of the public.  BCS offered services to the central prison and the Karl Heusner Memorial Hospital staff, patients, and relatives.  BCS ran the chapel at the hospital, offering weekly Sunday services and Muslim prayers on Friday.

Embassy representatives met with government officials to emphasize the importance of the government’s continued engagement with a wide spectrum of religious groups in the country, including with Christians and non-Christian religious minorities.

The embassy invited religious leaders to participate in embassy programs and outreach and to reinforce the role of religious groups in promoting respect for religious diversity and tolerance.  The embassy also used social media to promote broad messages of religious tolerance.

The U.S. government estimates the total population at 11.3 million (July 2018 estimate).  According to the 2013 census, 48.5 percent of the population is Christian, 27.7 percent is Muslim (mostly Sunni), 11.6 percent practice Voodoo, 2.6 percent are members of indigenous religious groups, 2.6 percent are members of other religious groups, and 5.8 percent declare no religious affiliation.  The largest Christian denominations are Roman Catholicism with 25.5 percent of the population, and Celestial Christians with 6.7 percent.  Other smaller religious groups include Methodists, The Church of Jesus Christ of Latter-day Saints, Jehovah’s Witnesses, Baha’is, Baptists, Pentecostals, the Family Federation of World Peace and Unification, the Very Holy Church of Jesus Christ of Baname, and Eckankar followers.

Many individuals who identify themselves as Christian or Muslim also practice Voodoo or other traditional religions.

Most Muslims are concentrated in northern regions.  The few Shia Muslims are primarily foreign residents.  Southern regions are predominantly Christian.

Legal Framework

The constitution establishes a secular state, prohibits religious discrimination, and provides for freedom of religious thought, expression, and practice, consistent with public order as established by law and regulations.

The Ministry of Interior and Public Security has the authority to deploy the Republican Police to intervene in conflicts between religious groups to ensure public order and social peace, provided the intervention complies with the principle of state neutrality in religious affairs.

Persons who wish to form a religious group or establish a religious affiliation must register with the Ministry of Interior.  Registration requirements include submission of administrative materials (including the applicant’s birth certificate, police record, request letter, copy of identification, and the group’s internal rules) and payment of a registration fee of 50,000 CFA francs ($88).  If a group is not registered, the Ministry of Interior orders the closing of its religious facilities until the group registers.

By law, public schools may not provide religious instruction.  Religious groups may establish private schools with authorization from the state and may benefit from state subsidies.

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

Government Practices

Observers stated that religious groups continued to hold political influence and their influence extended into other aspects of society.  Local politicians regularly sought the support of religious leaders in addressing social issues.  President Talon met with leaders of the Catholic Church on February 7, the Protestant Methodist Church of Benin (EPMB) on February 14, the Islamic Union of Benin (UIB) on February 22, and the Group of the Evangelical Church Association of Benin (CAEEB) on March 1.  During these meetings, the leaders discussed government reforms and ways to defuse social discord triggered by a labor dispute involving the health, justice, and education sectors.  Each religious group proposed solutions for defusing the social crisis.

Authorities released on bail four detained priests of the Baname Church charged with manslaughter.  The priests were charged and jailed following a 2017 incident in which five followers of the Baname Church died from asphyxiation and several were hospitalized after church leaders told followers to shut themselves in their prayer rooms and burn incense and charcoal.  Bail for the detainees ranged from 10 to 20 million CFA francs ($17,600 to $35,200) and the case remained pending at year’s end.

Government officials continued to attend inductions, funerals, and other religious ceremonies organized by various groups.  State-owned television often broadcast these events.  Police continued to provide security for any religious event upon request.

On February 12, Bishop Sabi Bio of Natitingou in the northwest donated furniture, teaching materials, and hardware to private French-Arabic primary and secondary schools in the city.  The bishop stated the donation aimed to contribute to students’ educations and to encourage interreligious dialogue.

Embassy officials met with representatives of religious groups and encouraged religious tolerance.  Embassy officials met with the President of the Group of the Evangelical Church Association of Benin and the Secretary General of the Islamic Union of Benin on March 20 and May 3, respectively, to discuss their roles in nation building and to share views on interreligious dialogue in the country.  The embassy encouraged them to continue their activities promoting interreligious tolerance and understanding.  On July 31, the Ambassador met with the imam of a large mosque in Cotonou and discussed ways to promote continued productive relations among the country’s various religious groups, and between these groups and the country’s government.

On June 4-7, the Ambassador and other embassy officials visited three mosques and two Quranic schools in the predominantly Muslim north, in the towns of Nikki, Parakou, and Perere.  The embassy delegation met with imams, members of mosque congregations, and Quranic teachers.  The Ambassador expressed the U.S. commitment to advancing religious tolerance.

On June 11, the Ambassador hosted an iftar with religious leaders from various religious groups during which she delivered remarks highlighting the U.S. government’s commitment to religious freedom and respect for religious diversity.  During Ramadan, the Ambassador also donated foodstuffs to the Muslim community and conveyed a message of religious tolerance.

The U.S. government estimates the total population at 766,000 (July 2018 estimate).  According to a 2010 report by the Pew Research Center, approximately 75 percent of the population follows the Drukpa Kagyu or Nyingma schools of Buddhism.  Hindus are approximately 22 percent of the total population and reside mostly in southern areas.

According to the Pew Research Center and the Open Doors World Watch List, estimates of the size of the Christian community range from the low thousands to 20,000.  Most Christians are concentrated in towns in the south and are of Nepali origin.  Although traditional Bon practices are often combined with Buddhist practices, very few citizens adhere exclusively to this religious tradition, according to scholars.  The Sharchop ethnic group, which makes up the majority of the population in the east, practices elements of Tibetan Buddhism combined with elements of the Bon tradition and Hinduism, according to scholars.

Media continued to report there were more than 53,000 foreign workers in the country, most from India.  India’s Ministry of External Affairs said as of January there were approximately 60,000 Indian nationals living in Bhutan for construction-related labor, as well as between 8,000 and 10,000 workers crossing into and out of the country on a daily basis.  While there is no data on their religious affiliation, most are likely Hindu and, in fewer numbers, Muslim.

Legal Framework

The constitution recognizes Buddhism as the state’s “spiritual heritage” and stipulates it is “the responsibility of all religious institutions and personalities to promote the spiritual heritage of the country.”  The constitution provides for freedom of thought, conscience, and religion and bans discrimination based on faith.  The constitution says the king must be Buddhist and requires the king to be the “protector of all religions.”

The constitution states, “No person shall be compelled to belong to another faith by means of coercion or inducement.”  The penal code criminalizes coercion or inducement to convert as a misdemeanor, punishable by up to three years’ imprisonment.

The law prohibits oral or written communication “promoting enmity between religious groups” and provides for sentences of up to three years’ imprisonment for violations.  There were no reports of prosecutions.

The penal code states individuals found guilty of promoting civil unrest by advocating “religious abhorrence,” disturbing public tranquility, or committing an act “prejudicial to the maintenance of harmony” between religious groups shall be subject to punishment of five to nine years’ imprisonment.

The law requires religious groups to register with the CRO.  To register, a religious group must submit an application demonstrating its leaders are citizens and disclose their educational background and financial assets.  The law also specifies the organizational structure, bylaws, and procedural rules registered religious organizations must follow.  The law prohibits religious organizations from “violating the spiritual heritage” of the country and requires them to protect and promote it.  The law also states no religious organization shall do anything to impair the sovereignty, security, unity, or territorial integrity of the country.  The law mandates the CRO certify that religious groups applying for registration meet the requirements specified in the law.

Registered religious groups may raise funds for religious activities; they are exempt from taxes.  Registered groups require permission from local government authorities to hold public meetings outside of their registered facilities and must seek permission from the Ministry of Home and Cultural Affairs to invite foreign speakers or receive foreign funds.

Unregistered religious groups may not organize publicly, own property, raise funds, conduct outreach activities, or import literature.  According to the law, these activities are subject to penalties ranging from fines to prison terms, depending on the offense.  Unregistered religious groups may hold private worship services in homes.  The law states it is an offense for a religious group to provide false or misleading information in its religious teachings, to misuse investments, or to raise funds illegally.  The CRO has authority to determine whether the content of a group’s religious teachings is false or misleading and whether it has raised funds illegally.  Sanctions include fines and potential revocation of registration.

The law states the CRO shall consist of an eight-member board responsible for overseeing the structure of religious institutions, enforcing the constitutional separation between the government and religious organizations, and monitoring religious fundraising activities.  The chairperson of the board is a cabinet minister appointed by the prime minister, currently the minister of home and cultural affairs.  A senior official from the Ministry of Finance and one of the king’s appointees to the National Council also sit on the board.  The director of culture in the Ministry of Home Affairs serves as an ex-officio secretary.  Heads of Buddhist religious bodies and the Hindu Dharma Samudaya occupy the remaining seats.  The law requires the CRO to “ensure that religious institutions and personalities promote the spiritual heritage of the country” by developing a society “rooted in Buddhist ethos.”

The constitution states the king shall appoint the chief abbot of the central monastic body on the advice of the five masters of the monastic body.  Those individuals and a civil servant administrative secretary make up the Commission for Monastic Affairs, which manages issues related to Buddhist doctrine.  The constitution says the state will provide funds and “facilities” to the central monastic body.

The law permits the government to “avoid breaches of the peace” by requiring licenses for public assembly, prohibiting assembly in designated areas, and imposing curfews.  The government may apply these measures to groups and organizations of all kinds, including religious groups.

Government approval is required to construct religious buildings.  By law, all buildings, including religious structures, must adhere to traditional Bhutanese architectural standards.  The CRO determines conformity with these standards.

The constitution states religious institutions have the responsibility to ensure religion remains separate from the state.  It also says, “Religious institutions and personalities shall remain above politics.”  The law prohibits religious organizations from involvement in political activity.  Ordained members of the clergy of any religion may not engage in political activities, including running for office and voting.

The country is not a party to the International Covenant on Civil and Political Rights.

Government Practices

NGO representatives, including the Alliance Defending Freedom, expressed continued concern over the lack of a clear definition in the constitution and legal code for terms such as “inducement” to religious conversion, which they indicated was tantamount to anticonversion legislation.  They stated this lack of clarity continued to put the religious activities of minority religious groups at risk, citing religious teaching, charitable services, and public education as examples of activities the government could penalize.  The NGO representatives said the potential existed for arbitrary government action; however, there were no reports during the year the government used the law in a punitive fashion, and surreptitious religious conversions from Buddhism to other religions continued.  Open Doors listed the country on its World Watch List, stating the government was intent on maintaining a strong national identity and unity by suppressing outside influences, including Christianity.

According to Open Doors, churches that previously applied for registration continued to await a response from the CRO.  The Hindu Dharma Samudaya remained the only registered non-Buddhist religious group, out of 110 registered groups.  During the year, the government registered an additional 15 Buddhist groups.  Christian groups attempting to register on multiple occasions in the past also received no official response, according to previous information from local Christians.  They said the lack of registration meant they continued not to be able to raise funds and to have their legality questioned at the district and village levels.  Open Doors reported cases of Christian farmers being excluded from participating in communal planting and harvesting activities.  Christian groups reported the government continued to provide preferential treatment to Buddhist groups for financial support.

Unregistered religious groups continued to worship in private, according to one foreign pastor who mentioned receiving some reports of increased tolerance of Christian services by authorities.  The groups, however, remained unable to exercise certain rights such as property ownership.  Members of the Christian community continued to report holding religious meetings discreetly in private facilities.  The foreign pastor reported that some Christians living close to the country’s border traveled to India for worship.  Open Doors reported that a church building was locked up and another demolished.

Open Doors reported that a Christian man was denied a government identification card because his Christian mother refused to renounce her faith in the registration process.  Christians previously reported they often faced difficulty or failed to obtain a “non-objection certificate” from local authorities, required for loan and employment applications, property registration, and the renewal of identification cards.

The government continued its financial assistance for the construction of Buddhist temples and shrines, as well as funding for Buddhist monks and monasteries.  In a June speech, the then prime minister reported the government completed construction of a Buddhist college and a Hindu temple and that two other Hindu temples were under construction in Thimphu and Gelephu.

NGOs reported compulsory Buddhist daily prayer sessions in schools continued.  Children of Christian families faced discrimination from teachers and sometimes were denied access to schools, according to the NGOs.  Open Doors reported one student was kept from graduating from school because she was a Christian.

Courts and some other government institutions remained housed within or adjacent to Buddhist monasteries.  Some religious groups previously stated government ceremonies continued to involve mandatory Buddhist prayer rituals.  According to an NGO, there was continued pressure on non-Buddhists in civil service positions to participate in Buddhist rites and contribute to festivals.

NGOs reported continuing societal pressure on individuals to participate in Buddhist traditions and practices.  Open Doors said Christians faced discrimination in their personal and professional lives and rated persecution of Christians as “very high.”  One Christian said he was fired from his company after discussing his faith with coworkers.  According to Open Doors, converts experienced pressure from family members to return to Buddhist beliefs and customs.  The group further stated converts faced surveillance by religious leaders and their communities, hindering the free expression and practice of their religious practices.

The United States does not have a diplomatic presence in the country and does not maintain formal diplomatic relations with the government.  During periodic visits, officers from the U.S. Embassy in New Delhi engaged with a wide range of both government and nongovernment figures, including on issues relating to freedom of religious practice and treatment of religious minorities.

The U.S. government estimates the total population at 11.3 million (July 2018 estimate).  According to U.S. government figures, 77 percent of the population identifies as Catholic and 16 percent as Protestant, including evangelical Protestant and Pentecostal groups.  According to the leader of the Church of Jesus Christ in La Paz, approximately 300,000 thousand followers reside in the country; the Church of Jesus Christ’s central website estimates more than 200,000 followers.  Approximately 5 percent identify with smaller religious groups and 5 percent self-identify as nonbelievers.  There are approximately 1,500 Muslims and approximately 450 Jews, according to leaders of the respective faiths and news reports.  Many indigenous communities, concentrated in rural areas, practice a mix of Catholic and indigenous spiritual traditions.

Legal Framework

According to the constitution, the state respects and provides for “freedom of thought, spirituality, religion and cult,” expressed individually or collectively, in public and in private.  The constitution stipulates the state is independent of all religion.

The constitution prohibits religious discrimination, including in access to educational institutions, health services, and employment and protects the right of access to public sport and recreational activities without regard to religion.

The law requires religious groups to register with the Ministry of Foreign Affairs’ (MFA) Office of Religion and Nongovernmental Organizations as nongovernmental organizations (NGOs) in order to operate legally.  Pursuant to a concordat with the Holy See, the Catholic Church is exempt from the registration law.

According to the MFA’s Religion and Nongovernmental Organizations Office, religious organizations must fulfill 14 requirements to register their organization with the government.  Organizations must submit their notarized legal documents, including statutes, internal regulations, and procedures; rental agreement documents, utility invoices for the place(s) of worship, and a site map; detailed information on board members and legal representatives, including criminal background checks; an INTERPOL certificate for foreigners; and proof of fiscal solvency.  They must also provide the organization chart, with names, addresses, identification card numbers, and photographs; a full list of members and identifying information; details on activities and services provided by the organization, including the location of the services; and information on their financing source(s), domestic and/or foreign.

The requirements for classification as a spiritual organization or religious organization vary slightly, but the government requires essentially the same type of information from both spiritual and religious entities.  The constitution defines a spiritual organization as a group of natural, national, and/or foreign persons who organize themselves to carry out practices that develop their spirituality according to their ancestral worldview.  Most spiritual organizations are indigenous in their origins.  The constitution defines a religious organization as a group of natural, national, and/or foreign persons who organize themselves with the purpose of carrying out practices of worship and/or belief around a Supreme Being, in order to develop their spirituality and religiosity, and whose purpose does not pursue profit.

The government may revoke a spiritual or religious organization’s operating license if the organization does not produce an annual report of activities for more than two consecutive years; does not comply with its stated objectives; carries out activities different from those established in its statute; or carries out activities contrary to the country’s constitution, laws, morality, or “good customs.”  A religious or spiritual organization may also lose its operating license if it does not comply with the deadline for renewing the license.

A 2017 regulation requires religious and spiritual groups to reregister their operating licenses to ensure all documents list the official name of the country as “Estado Plurinacional.”  Prior to this new requirement, organizations could carry an older version of licenses that listed the name of the state as “Republica de Bolivia.”  Reregistration also requires any amendments to organizations’ bylaws to conform to all new national laws.  Organizations must comply with the new registration requirements by 2019.  Registered religious groups receive tax, customs, and other legal benefits.

The fees to obtain an operating license differ between “Religious Organizations” and “Spiritual Organizations,” with costs of 6,780 bolivianos ($990) and 4,068 bolivianos ($590), respectively.

The government reserves the right to revoke an organization’s operating permit for noncompliance with the registration requirements.  The government may not deny legal recognition to any organization based on its articles of faith.

The constitution and other laws provide educational institutions the option to teach religion classes, including indigenous spiritual belief classes, with the stated aim of encouraging mutual respect among religious communities.  While religion classes are optional, schools must teach ethics with curriculum materials that promote religious tolerance.  The government does not restrict religious teaching in public or private schools, and it does not restrict a student from attending private, religiously affiliated schools.  The law also requires all schools to accept students regardless of their religious affiliation.

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

Government Practices

Members of the evangelical Protestant community again said several smaller religious communities forming congregations that observe prayer at unofficial worship locations continued to refuse to register their organizations because they preferred not to provide the government with access to internal personal information.  Sources stated that these unregistered groups still could neither own property nor have bank accounts in their name; however, the sources said the government did not interfere with these organizations for their refusal to comply with the law.

According to the MFA’s Office of Religion and Nongovernmental Organizations, there were approximately 440 registered religious groups, an increase from 434 in 2017.  Many religious groups continued to state that the complexity of the registration procedure, including registering the legal name of the organization, required them to seek legal assistance in order to comply.  This process generally took four to six months to complete.

Leaders from the Church of Jesus Christ and evangelical Protestant churches continued to work with the government on a legislative proposal exempting churches from the registration requirements for the next five years.

The Bolivian National Association of Evangelicals sent a letter to the foreign minister on September 27, raising what it said was governmental preferential treatment of indigenous groups and citing the fee structure difference to obtain operating licenses for spiritual and religious groups as an example.  The government did not respond to the letter during the year.

On December 24, after a meeting between evangelical Protestant leaders and President Evo Morales, Foreign Minister Diego Pary, and the previous president of congress, Jose Gonzalez, the government announced the congress would introduce a draft Religious Freedom law in February 2019.  In January the congress abrogated the revised penal code, which had included an article criminalizing recruitment into “religious organizations or cults.”  The action was reportedly in response to civil society protests of the revision, including from members of the evangelical Protestant community.

According to media reports and religious leaders, government leaders continued to criticize religious leaders who publicly commented on political issues.  Catholic representatives said the longstanding and public tensions between the Catholic community and the government continued.  According to media reports, in June the Bolivian Episcopal Conference of Catholic Bishops’ (CEB) deputy general secretary, Father Jose Fuentes, stated that President Evo Morales’ politics excluded portions of the country’s population.  In response to these comments, President Morales accused the CEB of racism.  In November Archbishop of Sucre Jesus Juarez stated that the CEB backed the outcome of the 2016 referendum reaffirming term limits for the president and vice president.  On November 5, the CEB officially invited President Morales to the Assembly of Bishops.  The minister of the Presidency, Alfredo Rada, publicly released a letter rejecting the CEB’s invitation.  The letter, signed by Rada, stated that the Office of the President was surprised to receive the invitation because some bishops “attack” the current administration and “persist in using hard and false concepts” such as the accusation that the country’s democracy was at risk.

On December 2, the CEB commented on the November 2017 Plurinational Constitutional Court of Bolivia (TCP) ruling, which invalidated the referendum’s outcome by removing term limits for elected officials, thus allowing President Morales to run for a fourth consecutive term.  The CEB stated that the TCP decision “constitutes a serious damage to democracy, and ignores the popular will expressed in the referendum of February 21, 2016.”  Father Fuentes of the CEB further stated, “This precedent may undermine the credibility and legitimacy of the authorities and institutions called to preserve the democratic health of our country.  It could put us in a situation of violation of the constitutional order of unforeseeable consequences.”  President Morales responded to the CEB’s comments by stating that some bishops and other members of the Catholic Church were “inclined to support the powerful” and were “betraying Jesus” by supporting the opposition.

A representative from the Jewish community stated the Jewish community still had no contact with the president or any other kind of relationship with the Morales administration.

Evangelical Protestant leaders again said the government violated the constitution’s separation of religion and state by favoring an Andean spiritual philosophy, especially the philosophy of the ethnic Aymara community, over other religious beliefs, in public statements and ceremonies.

Evangelical Protestant leaders again stated that members of indigenous communities continued to expel missionaries and pastors from rural communities for practicing a religion that did not defer to traditional Andean spiritual beliefs.  According to leaders in the evangelical Protestant community, indigenous leaders expelled pastors from rural villages for not observing indigenous customs such as making offerings to mother earth.

U.S. government access to government officials continued to be limited despite embassy requests for meetings.

Embassy representatives routinely engaged religious leaders to underscore the importance of tolerance and religious freedom.  In October and November the Charge d’Affaires hosted interfaith meetings for religious leaders from the evangelical Protestant, Catholic, Methodist, Church of Jesus Christ, Jewish, and Muslim communities to discuss religious freedom issues, such as registration challenges and perceived discrimination, and to engage religious leaders in interfaith dialogue.

The U.S. government estimates the total population of BiH at 3.9 million (July 2018 estimate).  According to the most recent census, conducted in 2013, Sunni Muslims constitute approximately 51 percent of the population; Serbian Orthodox Christians 31 percent; Roman Catholics 15 percent; and others, including Protestants and Jews, 3 percent.

There is a strong correlation between ethnicity and religion:  Bosnian Serbs affiliate primarily with the SOC, and Bosnian Croats with the Roman Catholic Church.  Bosniaks are predominantly Muslim.  The Jewish community estimates it has 1,000 members, with the majority living in Sarajevo.  The majority of Serbian Orthodox live in the RS, and most Muslims and Catholics in the Federation.  Protestant and most other small religious communities have their largest memberships in Sarajevo and Banja Luka.

Legal Framework

Annex IV of the Dayton Peace Agreement, which serves as the country’s constitution, provides for freedom of thought, conscience, and religion.  It stipulates no one shall be deprived of citizenship on grounds of religion and all persons shall enjoy the same rights and freedoms without discrimination as to religion.  The entity constitution of the Federation states all individuals shall have freedom of religion, including of public and private worship, and freedom from discrimination based on religion or creed.  It defines religion as a vital national interest of the constituent peoples.

The entity constitution of the RS establishes the SOC as “the Church of the Serb people and other people of Orthodox religion.”  It guarantees equal freedoms, rights, and duties for all citizens irrespective of religion.  It specifies religious communities shall be equal before the law and free to manage their religious affairs and hold religious services, open religious schools and conduct religious education in all schools, engage in commercial activities, receive gifts, and establish and manage legacies in accordance with the law.

A state law on religion guarantees freedom of conscience; grants legal status to churches and religious communities; and grants numerous rights to registered religious communities, including the rights to assemble, conduct collaborative actions such as charity work, raise funds, and construct and occupy places of worship.  The law states churches and religious communities serve as representative institutions and organizations of believers, founded in accordance with their own regulations, teachings, beliefs, traditions, and practices.  The law recognizes the legal status of four “traditional” religious communities:  the IC, SOC, Catholic Church, and Jewish community.  The Ministry of Justice (MOJ) maintains a unified register of all religious communities, and the Ministry of Human Rights and Refugees is responsible for documenting violations of religious freedom.

According to state law, any group of 300 or more adult citizens may apply to register a new religious community or church through a written application to the MOJ.  Other requirements for registration include the development of a statute defining the method of religious practice and a petition for establishment with the signatures of at least 30 founders.  The ministry must issue a decision within 30 days of receipt of the application, and a group may appeal a negative decision to the state-level Council of Ministers.  The law allows registered religious communities to establish their own suborganizations, which may operate without restriction.  The law also stipulates the ministry may deny the application for registration if it concludes the content and manner of worship may be “contrary to legal order, public morale, or is damaging to the life and health or other rights and freedoms of believers and citizens.”

The law states no new church or religious community may be founded bearing the same or similar name as an existing church or religious community.  The law also states no one may use the symbols, insignia, or attributes of a church or a religious community without its consent.

A concordat with the Holy See recognizes the public juridical personality of the Catholic Church and grants a number of rights, including rights to establish educational and charitable institutions, carry out religious education, and officially recognize Catholic holidays.  The commission for implementation of the concordat comprises five members from the government and five from the Holy See.  A similar agreement exists with the SOC, but a commission for implementation does not yet exist, due to inaction from the government and also from the SOC.

The state recognizes the IC as the sole supreme institutional religious authority for all Muslims in the country, including immigrants and refugees, as well as for Bosniaks and other Muslim nationals living outside the country who accept the IC’s authority.  According to the law, no Islamic group may register with the MOJ or open a mosque without the permission of the IC.

The laws of the Federation and RS, as well as those of all 10 cantons, affirm the right of every citizen to religious education.  The laws allow a representative of each of the officially registered religious communities to be responsible for teaching religious studies in public and private pre-, primary, and secondary schools and universities if there is sufficient demand.  Children from groups that are a minority in a school are entitled to religious education only when there are 18 or more students from that religious group in one class.  Religious communities select and train their respective religious education teachers.  These individuals are employees of the schools where they teach, but they receive accreditation from the religious body governing the curriculum.

The IC, SOC, and Catholic Church develop and approve religious curricula across the country.  Public schools offer religious education in a school’s majority religion, with some exceptions.  Secondary students who do not wish to attend the religion class have the right to opt out if their school offers a class in ethics as an alternative, which many schools do.  Parents of primary school students may request an exemption for their child from religion class attendance.

In the Federation’s five Bosniak-majority cantons, primary and secondary schools offer Islamic religious instruction as a twice-weekly course.  In cantons with Croat majorities, Croat students in primary and secondary schools attend an elective Catholic religion course twice a week.  In the five primary and 10 secondary Catholic schools spread throughout the Federation and the RS, parents may choose either an elective Catholic religion course or a course in ethics.  In Sarajevo and Tuzla Cantons, primary and secondary students may either opt out or take ethics courses in lieu of religious education classes.  The Sarajevo Canton Ministry of Education offers Orthodox and Protestant religious education in addition to classes offered to the Muslim and Catholic communities.  In September the RS Ministry of Education introduced religious education in secondary schools.

A law against discrimination prohibits exclusion, limitation, or preferential treatment of individuals based on religion in employment and the provision of social services in both the government and private sectors.

The state constitution provides for representation of the three major ethnic groups – Serbs, Croats, and Bosniaks – in the government and armed forces.  The constitution makes no explicit mention of representation for religious groups, although each ethnicity mentioned by the constitution is associated with a particular religion.  Parliamentary seats and government positions are apportioned among the three constituent major ethnicities – Serbs, Croats, and Bosniaks – according to quotas set by constitutional provisions.

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

Government Practices

Officials publicly acknowledged the need to the address a 2009 decision by the European Court of Human Rights (ECHR) stating the country should amend its constitution to allow members of religious and other minorities, including Jews, to run for president and the parliament’s upper house, but they took no action during the year.  According to the ECHR ruling, observers said, by apportioning government positions and seats in the parliament only among Serbs, Croats, and Bosniaks, the constitution discriminated against minority groups.  Individuals who were not members of the three major ethnic/religious groups reported they could not hold any of the proportionally guaranteed government positions, including the presidency.  There were reports of the various levels of government making little progress in resolving longstanding issues pertaining to religious freedom and rights.

NGOs, academics, and government agencies reported the continued association of each of the country’s major political parties with the religion practiced by the dominant ethnic group among its membership.  The biggest ethnic Bosniak parties continued to align with the IC, the biggest ethnic Croat parties with the Catholic Church, and the two largest ethnic Serb parties with the SOC.

NGOs continued to report that government authorities were not enforcing the 2015 decision by the High Judicial and Prosecutorial Council prohibiting employees of judicial institutions from wearing any form of “religious insignia” at work, including headscarves.  During the year, the Border Police complied with a November 2017 state Constitutional Court ruling that declared their January 2017 regulation prohibiting beards for the police to be unconstitutional and ordering the police to abolish the regulation.

According to IC officials, the Presidency again did not approve an agreement, reached in 2015, between the state and the IC that addressed dietary restrictions in public institutions, employer accommodations for daily prayer, and time off to attend Friday prayers as well as to take a one-time trip to Mecca for the Hajj.  During the year, the Croat and Serb members of the Presidency refused to put this issue on the agenda of the Presidency sessions due to disputes over the proposed text of the agreement.

According to representatives of the Catholic Church, there had been no meeting of the joint commission for the implementation of the concordat with the Holy See since June 2016 due to a perceived lack of government interest.  Earlier agreements reached by the commission, including legislation on observing religious holidays, remained unimplemented by the government and parliament.

In December SOC officials reported the government had taken no steps to establish a commission to implement the government’s agreement with the SOC.

According to officials of religious groups that are in a local minority, authorities at all levels continued to discriminate against those groups with regard to the use of religious property and issuance of permits for new religious properties.  Drvar municipal authorities continued to refuse construction permits for a new Catholic church, despite repeated requests from the local Catholic priest, the Banja Luka Catholic Diocese, and representatives from the Organization for Security and Cooperation in Europe, which became directly engaged on the issue.  In pursuit of a solution, Drvar Catholics, led by their priest, began raising funds to purchase private land to build the church.

In December leaders of the four major religious communities in BiH lamented the lack of any BiH institution responsible for the rights of religious communities.  They said this lack hindered efforts on the part of the religious communities to resolve the issue of restitution for property confiscated and nationalized under communist rule from 1946 to 1965.

According to nongovernmental organizations (NGOs), provisions of the law regarding the religious education of returnee children remained unimplemented, particularly in segregated school systems, often at the behest of senior government authorities seeking to obstruct the process.  Parents of more than 500 Bosniak children, who returned to their prewar homes in several RS communities, continued to boycott public schools for a sixth year, choosing instead to send their children to alternative schools organized on the premises of the IC’s administrative buildings and supported by the Federation Ministry of Education.

Academic and NGO representatives reported continued social pressure on students from communities throughout the country to attend instruction in their respective religions.

Authorities continued to enforce selectively the rights of religious groups in areas where those groups constituted religious minorities.  These members of religious minorities reported discrimination regarding access to education, employment, health care, and other social services.  They stated that refugees returning to their original communities pursuant to the Dayton Peace Agreement were particularly subject to discrimination.  Leaders of religious minority communities and NGOs, particularly in Canton 10 in the western part of the Federation and several municipalities in eastern RS, reported the continued failure of authorities to provide government services and protections to minorities, including access to health care, pensions, other social benefits, and the transfer of student records between districts.  NGOs reported that representatives of minority communities in the Canton 10 municipalities of Drvar, Bosansko Grahovo, and Glamoc were discriminated against particularly when it concerned access to education in their mother tongue and employment in public companies.  The community leaders also said local authorities continued to discriminate when it came to providing police protection and investigating threats of violence, harassment, and vandalism.  While only a few cases were recorded, the IRC said law enforcement treated these cases as simple theft or vandalism, without taking into consideration the acts occurred at religious sites and could be categorized as hate crimes.  According to an annual report published by the IRC in May, only 45 percent of perpetrators were identified in these cases.  Because religion and ethnicity often are closely linked, it was difficult to categorize many actions as solely based on religious identity.

On March 6, the Sarajevo Canton Assembly annulled its 2016 decision to name an elementary school and a street in the town of Dobrosevici in the canton’s Municipality of Novi Grad after Mustafa Busuladzic, a World War II-era Ustasha figure who glorified Hitler and was known for his anti-Semitism.  As of the end of the year, the decision remained unimplemented.  The school’s website continued to list the school name as Mustafa Busuladzic, and the street was still named after him.  During the year, the president of the Jewish Community strongly condemned the continued use of the name.

In April seven individuals were convicted for a 2015 attack on a mosque in Tomislavgrad and sentenced to one and one-half years in prison, but their sentences were suspended pending two years of probation.  In 2017, a different defendant in the same case pleaded guilty and was sentenced to a similar one-year suspended prison sentence.

In May the IRC, which records and tracks cases of intolerance and hatred in an annual report when members of affected religious communities report them, released data it had collected between November 2016 and December 2017.  The data showed 11 attacks on religious sites, religious officials, or believers during that period (compared with 12 in the report covering November 2015-October 2016).  One attack was against a Catholic site, seven against the IC, and three against the SOC.  Of 209 attacks on religious officials and sites since 2010, the IRC reported police had identified perpetrators in 73 of the attacks.  As of May 2018, the courts had prosecuted 23 of these cases.  The IRC stated that while there were fewer reported attacks, authorities continued their practice of not categorizing these attacks as hate crimes.

In March unknown perpetrators stole items from and desecrated the Catholic Church of Saint Elijah the Prophet in Zenica, causing significant material damage.  The local chapter of the IRC condemned the incident, but as of year’s end, no perpetrators had been identified.  In June individuals broke into an Orthodox church in the town of Cekrekije in the Visoko Municipality, set fire to sacral items, and stole valuables.  Police arrested two suspects and forwarded the case to the Zenica Doboj Prosecutor’s Office for further proceedings.  On July 10, three minors verbally accosted a Catholic nun in the central town of Fojnica.  Police identified the perpetrators and discussed the incident with their parents.  The local mayor condemned the attack.

The Council of Muftis of the IC continued efforts to persuade unregistered Islamic congregations (or para-jamaats), which gathered predominantly Salafist followers and operated outside the purview of the IC, to cease their “unsanctioned” religious practices and officially unite with the IC.  While the IC reported that 64 para‑jamaats were active in 2016, only 21 were active and operating outside the auspices of the IC in 2018.

On July 18, during a talk show on the Serbian television program Cirilica, also broadcast on Alternative TV in BiH, then RS President and leader of the Alliance of Independent Social Democrats Milorad Dodik referred to the adhan (Muslim call to worship) as “howling” that disturbed citizens in Banja Luka and caused property values to depreciate.  The statement drew strong condemnation from opposition politicians, the international community, and the IC.

On July 20, anti-Semitic graffiti appeared, almost at the same time, inside the hallways of apartment buildings in Tuzla and Sarajevo, where members of the Jewish community resided.  Authorities condemned the incidents.  No perpetrators were identified by year’s end.

On December 28, 2017, individuals threw beer bottles at the city mosque in Kiseljak, inflicting light damage to the mosque’s facade.  Police identified the perpetrators and forwarded the case to the local prosecutor’s office.  No information was available what sanctions, if any, were handed down to the perpetrators.

The IRC continued to sponsor projects aimed at increasing interfaith dialogue involving women and youth.  On April 23, in cooperation with the German Maximilian Kolbe Foundation, the IRC organized its fourth “European Workshop on Facing the Past Burdened with Violence,” which also involved participants from other European countries.  Within the project, religious leaders visited places of suffering of each ethnic/religious group from past wars.  The visits included the testimonies of victims in those places.

Embassy officials engaged with the Presidency, the BiH Minister of Security, and other ministries to discuss the government’s efforts to combat violent extremism related to religion and religious freedom.  They also underscored the need to promote respect for religious diversity and enforce equal treatment under the law, including for religious minorities, emphasizing that restrictions on minority religious groups can lead to their marginalization and possible radicalization.

In a December meeting with leaders of the four major religious communities in BiH, the Deputy Secretary of State stressed the importance of religious freedom and interreligious dialogue.  The embassy continued to promote interreligious dialogue in regular meetings with leaders and representatives of the four “traditional” religious communities and other religious groups, including discussing ways the groups could contribute to the further development of a peaceful and stable society.  In December 2017, the embassy met with the local mufti, Catholic bishop, and Orthodox bishop in Banja Luka to discuss ways to promote interreligious dialogue.

As part of a U.S. government program with the IRC to promote peace, reconciliation, tolerance, and coexistence among the country’s diverse religious and ethnic communities, embassy officials regularly attended significant events in the different religious communities – Eid al-Fitr celebrations with the IC, Christmas and Easter celebrations with the Orthodox and Catholic communities, and a Passover seder with the Jewish community.  At these events, embassy officials emphasized the importance of interreligious dialogue and respect for religious diversity.

The embassy continued to maintain regular contact with the IRC and support its activities, including the development of its first communication strategy, 14 small grant applications to be administered by local IRC chapters, and other activities to help the IRC further develop its institutional capacity.  The IRC continued to participate in U.S. government-funded programs designed to help overcome ethnic and religious divisions through dialogue and restore trust among the country’s religious groups.  Such events included multiple roundtables featuring prominent women and a youth summit.

The U.S. government estimates the total population at 2.2 million (July 2018 estimate).  According to the 2011 Population and Housing Census reporting on the population 12 years of age and over, 79 percent of citizens are members of Christian groups, 15 percent espouse no religion, 4 percent are adherents of the Badimo traditional indigenous religious group, and all other religious groups together constitute less than 1 percent of the population.

Anglicans, Methodists, and members of the United Congregational Church of Southern Africa make up the majority of Christians.  There are also Lutherans, Roman Catholics, members of the Church of Jesus Christ, Seventh-day Adventists, Jehovah’s Witnesses, Baptists, Mennonites, and members of the Dutch Reformed Church and other Christian denominations.  According to the 2011 census, there are approximately 11,000 Muslims, many of whom are of South Asian origin.  There are small numbers of Hindus, Baha’is, Buddhists, Sikhs, and Jews.  Immigrants and foreign workers are more likely to be members of non-Christian religious groups than native-born citizens.

Legal Framework

Under its broader protections of freedom of conscience, the constitution provides for freedom of thought and religion, the right to change religion or belief, and the right to manifest and propagate religion or belief in worship, teaching, practice, and observance.  The constitution permits the government to restrict these rights in the interest of protecting the rights of other persons, national defense, public safety, public order, public morality, or public health when the restrictions are deemed “reasonably justifiable in a democratic society.”  The government has never exercised this provision.  The constitution’s provision of rights also prohibits discrimination based on creed.

The constitution permits every religious group to establish places for religious instruction at the group’s expense.  The constitution prohibits requiring religious instruction or participation in religious ceremonies in a religion other than one’s own.  The constitution also prohibits compelling an individual to take an oath that is contrary to that individual’s religious beliefs.  The penal code criminalizes “hate speech” towards any person or group based on “race, tribe, place of origin, color or creed” and imposes a maximum fine of 500 pula ($47) per violation.

All organizations, including religious groups, must register with the government.  To register, a group must submit its constitution to the Registrar of Societies section of the Ministry of Nationality, Immigration, and Gender Affairs.  A group must register to conduct business, sign contracts, or open an account at a local bank.  In order to register, new religious groups must have a minimum of 150 members.  For previously registered religious groups, the membership threshold is 10.  Any person who manages, assists in the management of, or holds an official position in an unregistered group is subject to a fine of up to 1,000 pula ($94) and up to seven years in prison.  Any member of an unregistered group is subject to penalties including fines up to 500 pula ($47) and up to three years in prison.  According to a 2018 survey by the Registrar of Societies, there are 2,308 registered religious organizations.

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

Government Practices

Optional religious education remained part of the curriculum in public schools; this curriculum continued to emphasize Christianity but also discussed other religious groups in the country.  Government regulation of private schools did not distinguish among Christian, Muslim, or secular schools.

In general religious groups reported little difficulty or delay in the registration process.

In July President Masisi said he would permit yearlong visas for missionaries of the Church of Jesus Christ, who previously were permitted only short-term visits.  The Church president stated four missionaries were granted one-year stays in September.  The government reportedly remained concerned about unregulated churches (sometimes called “fire churches”) coming into the country to take advantage of local citizens by demanding tithes and donations for routine services or special prayers.  There were reports by some pastors from countries that normally allowed visa-free travel that the government required them to apply for visas to enter.  For example, the government reportedly put Shepherd Bushiri, the Malawian founder of the Enlightened Christian Gathering (ECG), on a visa-required list in April 2017.  That same year, on December 6, the Registrar of Societies notified the ECG it had canceled its registration effective the same day.  ECG subsequently appealed the decision and at year’s end awaited the determination of the Court of Appeal.  The church has 14 branches around the country.

Although it was common for government meetings to begin with a Christian prayer, members of non-Christian groups occasionally led prayers as well.

Representatives of religious organizations stated interfaith relations were robust, and there was a high degree of tolerance for religious diversity.

The Ambassador, senior embassy officials, and other U.S. government employees continued to engage the government on the issue of visas for Church of Jesus Christ missionaries.  Embassy officials engaged with Muslim, Buddhist, Church of Jesus Christ, and other religious representatives to discuss religious freedom, interreligious relations, and community engagement.  The Ambassador hosted an iftar for representatives of the Christian, Hindu, Jewish, and Muslim communities, who highlighted the importance of empathy and peace between and among different religious groups.

The U.S. government estimates the total population at 208.8 million (July 2018 estimate).  According to a 2016 Datafolha survey, 50 percent of the population identified as Catholic, compared with 60 percent in 2014.  During the same period, the proportion of atheists increased from 6 percent to 14 percent, and the proportion of evangelical Protestants increased from 24 percent to 31 percent.  According to the 2010 census, 65 percent of the population is Catholic and 22 percent is Protestant.  Adherents of other Christian groups, including Jehovah’s Witnesses and The Church of Jesus Christ of Latter-day Saints, as well as followers of non-Christian religions, including Buddhists, Jews, Muslims, Hindus, and African and syncretic religious groups such as Candomble and Umbanda, comprise a combined 5 percent of the population.  Some Christians also practice Candomble and Umbanda.  Those identifying with no religion comprise 8 percent of the population.

According to the 2010 census, approximately 35,200 Muslims live in the country, while the Federation of Muslim Associations of Brazil states the number at approximately 1.5 million.  Some observers say the discrepancy in numbers may be because the 1.5 million figure may include the entire Arab-Brazilian population, all of whom the federation may assume are Muslim, but many of whom are Christian or adhere to other faiths.  Religious scholars estimate the actual number of Muslims to be between 400,000 and 500,000.  There are significant numbers of Muslims in Sao Paulo, Rio de Janeiro, Curitiba, and Foz do Iguazu, as well as in smaller cities in the states of Parana and Rio Grande do Sul.

According to the Jewish Confederation of Brazil, there are approximately 125,000 Jews, 65,000 of whom reside in Sao Paulo State and 25,000 in Rio de Janeiro State.  Many other cities have smaller Jewish communities.

Legal Framework

The constitution states freedom of conscience and belief is inviolable and the free exercise of religious beliefs is guaranteed.  The constitution prohibits the federal, state, and local governments from either supporting or hindering any specific religion.  The law provides penalties of up to five years in prison for crimes of religious intolerance.  Courts may fine or imprison for two to five years any individual who displays, distributes, or broadcasts religiously intolerant material; the government did not apply the law during the year.  It is illegal to write, edit, publish, or sell literature that promotes religious intolerance.

Religious groups are not required to register to establish places of worship, train clergy, or proselytize, but groups seeking tax-exempt status must register with the Department of Federal Revenue and the local municipality.  States and municipalities have different requirements and regulations for obtaining tax-exempt status.  Most jurisdictions require groups to document the purpose of their congregation, provide an accounting of finances, and have a fire inspection of any house of worship.  Local zoning laws and noise ordinances may limit where a religious group may build houses of worship or hold ceremonies.

Government regulations require public schools to offer religious instruction, but neither the constitution nor legislation defines the parameters.  By law, the instruction should be nondenominational, conducted without proselytizing, and with alternative instruction for students who do not want to participate.  The law prohibits public subsidies to schools operated by religious organizations.

A constitutional provision provides the right of access to religious services and counsel individuals of all religions in all civil and military establishments.  The law states that public and private hospitals as well as civil or military prisons must comply with this provision.

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

Government Practices

According to media reports, on September 19, a court in Porto Alegre convicted three of 14 defendants of attempted homicide motivated by religious and racial discrimination related to a 2005 attack on three men wearing kippahs, Jewish head coverings.  The attack took place in Porto Alegre, capital of Rio Grande do Sul State, on May 8, 2005, the 60th anniversary of the end of World War II.  The three convicted defendants were members of a group called Carecas do Brasil (Skinheads of Brazil) that disseminates anti-Semitic and Nazi content on the internet.  The three sentences totaled 38 years and eight months in prison.  According to media sources, the other 11 defendants in the case would also stand trial; however, by year’s end the court had not set a date.

In September the Public Ministry of Sergipe State, in conjunction with COPIER, filed suit against the municipality of Aracaju for violation of the constitutional right to religious freedom.  The Public Ministry filed the case for reparation of collective moral damages on behalf of Yalorixa Valclides Francisca dos Anjos Silva, who was at the Rei Hungria terreiro when six police officers and one official from the Municipal Secretariat for the Environment (MSE) searched her building alleging she practiced black magic and abused animals.  Dos Anjos Silva stated she suffered emotional trauma.  The Public Ministry required the municipality to pay 50,000 reais ($12,900).  The MSE stated it did not have a policy of restricting the right to use animals for religious worship and ritual and that the inspection was an isolated event carried out without the proper authorization and knowledge of the municipal secretary of the environment or the director of the department of environmental control.

Rio de Janeiro State’s hotline, called “Dial to Combat Discrimination,” continued to respond to a growing number of incidents targeting practitioners and terreiros.  The state government signed cooperation agreements with local universities to assist victims of religious intolerance.  According to the State Secretariat for Human Rights, between June and September the hotline received 32 calls and assisted 88 victims; no comparable information was available for 2017 because the hotline started operations in August 2017.  The secretariat stated 74 percent of the callers were followers of Afro-Brazilian religions.  The state also established the Police Station for Racial Crimes and Incidents Related to Religious Intolerance, created in August and officially launched in December.

On January 21, municipalities around the country commemorated the National Day to Combat Religious Intolerance.  In Rio de Janeiro, the state governor signed a bill on January 19 to create the State Council for Promotion and Defense of Religious Freedom.  The council consists of 32 members from civil society, state officials, members of the Brazilian Bar Association, and religious groups.  In Bahia State, practitioners of Afro-Brazilian religions and Black Movement nongovernmental organizations (NGOs) organized a debate and cultural activities at Tumba Junsara terreiro, Engenheiro Velho de Brotas in the state capital Salvador.  Other cities, including Sao Paulo and Recife, also held events.

In February Brasilia-based ASDIR and SEPPIR launched a campaign entitled “Religious Diversity:  To Know, To Respect, To Value.”  The launch coincided with World Interfaith Harmony Week.  The campaign launch featured a showing of the short film “By My Side” (“Do Meu Lado”), a panel discussion on the theme “Dialogue for Diversity,” and the launch of two publications, “Religious Intolerance in Brazil” and “Secular State, Intolerance, and Religious Diversity.”

In March the Superior Electoral Court (TSE) prohibited political campaigning in churches and religious spaces as well as in all public spaces.  The TSE made its ruling ahead of national elections on October 7 and October 28.  Some religious and civil society groups said they did not follow the ruling and continued to campaign for the candidates they supported.

In April the Municipal Office for the Respect of Religious Diversity in Rio de Janeiro organized an interfaith seminar for practitioners of different religions in Rio.  Approximately 120 individuals attended the event.

In April the Rio de Janeiro State government launched a joint program between the State Secretariat of Education and the State Secretariat of Human Rights and Women’s Policies to incorporate discussions of religious intolerance into the curriculum of all public schools in the state.  According to media, students across the state watched a video on religious tolerance produced by students participating in the More Human Education Program at the Pedro II State High School in the northeastern part of the state.  This video was the first in a series of five short films; according to media sources, other public schools in the state would also produce original videos, which students could view at school and access on social media platforms.  Student discussion would follow video screenings.

In May the Ministry of Culture, with the Palmares Cultural Foundation and the University of Brasilia, released the results of the first ever mapping exercise of Umbanda and Candomble terreiros in the Federal District.  The study verified the existence of 330 terreiros, of which 87.8 percent are in urban areas.  The majority of the terreiros – 58 percent – are Umbanda, while 33 percent are Candomble and 9 percent both.

In May the Sao Paulo Legislative Assembly approved a bill to reduce prison sentences for prisoners who read the Bible.  Based on a general recommendation from the National Council of Justice (CNJ), the law reduced prison sentences for prisoners engaging in work, study, or reading.  The CNJ recommendation included reducing sentences by four days for every completed book with a limit of 12 books per year.  The Sao Paulo law allows prisoners to receive credit for each individual book in the Bible.  In June Federal Deputy Marco Antonio Cabral introduced similar legislation at the national level.

In June the Human Rights Commission of the Chamber of Deputies held a public hearing on the development of public policies to combat religious discrimination and intolerance.  Attendees recommended the creation of police stations in each state dedicated to investigating crimes of racism and religious intolerance, thorough implementation of a law requiring an Afro-Brazilian history and culture class in all schools, a nationwide mapping of violence against followers of Afro-Brazilian religions, and financial compensation for victims of racism and religious intolerance.  In August Rio de Janeiro State inaugurated a police station dedicated to investigating crimes of race and intolerance.  The Federal District, Parana State, and Mato Grosso do Sul State continued to operate similar police stations.

In June the Religious Diversity Parliamentary Front of the Federal District Legislative Assembly held a seminar on Rights, Public Policy, Religion, and Racism.  The seminar included sessions on racism and religion; racial crimes, hate crimes, and combating intolerance; and public policies on combating racism and religious intolerance.

The Supreme Court case on the right to practice animal sacrifice as an element of religious ritual began on August 9.  The Public Ministry in Rio Grande do Sul State brought the case before the court, challenging a state court ruling permitting practitioners of Afro-Brazilian religions to perform animal sacrifices.  Adherents of Afro-Brazilian religions said the criticism of and challenges to the practice of animal sacrifice were motivated more by racism than concern for the welfare of the animals, stating the practice of animal sacrifice was in accordance with the Universal Declaration of Animal Rights.  On August 8, the eve of the Supreme Court vote, demonstrators gathered in the capitals of Bahia and Pernambuco States to defend animal sacrifice as part of their religious beliefs.  Rapporteur Justice Marco Aurelio and Justice Edson Fachim voted to uphold the state ruling; however, Justice Alexandre de Moraes requested additional time to review the case, which indefinitely postponed the final vote of the 11-member court pending the completion of the review.

On September 28, the Federal Court in Santa Catarina State overturned a regulation of the capital city of Florianopolis that restricted the hours of operation of terreiros.  The existing regulation adopted in 2013 required terreiros to acquire business permits, similar to bars; terreiros without business permits had to close by 2 a.m. every day and could not use candles.

On October 23, the Federal District commemorated its third annual Day to Combat Religious Intolerance.  The Ministry of Human Rights in partnership with the Federal District Committee for Religious Diversity hosted an interfaith event in Brasilia entitled “Intergenerational Meeting for Respect for Religious Diversity.”  Participants discussed the creation of a working group to arrange for public officials to visit places of worship and schools to emphasize the importance of religious tolerance.

A religious diversity specialist at the Ministry of Human Rights said five of the country’s 26 states – Amazonas, Minas Gerais, Sao Paulo, Tocantins, and Rio de Janeiro – as well as the Federal District had committees for the respect of religious diversity.  The ministry also stated the 10-member National Committee for the Respect of Religious Diversity remained active, meeting four times during the year.

In May the State Secretariat of Human Rights launched the Itinerant Forum for the Promotion and Defense of Religious Freedom.  The forum assisted victims of religious intolerance in several municipalities in Rio de Janeiro State.  According to media, members of the forum visited the Afro-Brazilian terreiro Tenda Espirita Cabocla Mariana in Seropedica, Baixada Fluminense, and spoke to the terreiro priest who received death threats because of her religious leadership role.

Media reported that Guarani-Kaiowas, an indigenous group from Mato Grosso do Sul, denounced what the group said were frequent acts of violence by evangelical Protestants against shamanic rituals of the Guarani-Kaiowas.  Izaque Joao, an indigenous researcher and historian, said, “The churches enter in large quantities into the indigenous communities, degrading the traditional culture and devaluing traditional beliefs.”  Spensy Pimentel, an anthropologist, journalist, and professor from Federal University of Southern Bahia, said, “The most visible facet of religious intolerance has been in incidents of the Umbanda and Candomble terreiros while the attacks on the indigenous groups remain covered up.”  Pimental also said, “Incidents of religious intolerance against shamanic believers are rarely registered, because many times they involve the elderly, who speak Portuguese poorly and aren’t accustomed to leaving their villages.”

In September Wicca Priestess Alana Morgana said she had been receiving death threats since the spread of rumors, including allegations she was involved in abductions and child sacrifices.  An origin for the rumors may have been an unauthorized video posted online on August 13 showing Morgana and other Wiccans participating in a religious ceremony in Rio de Janeiro State.  Morgana submitted a letter to local police requesting the removal of the video from the internet.  She stated this was the first time in 30 years she had suffered religious reprisals.  Media reported police continued to try to identify those who sent the death threats.

According to media reports, in May heavily armed drug traffickers raided a Candomble terreiro in Cordovil, a neighborhood in the city of Rio de Janeiro.  According to the State Commission to Combat Religious Intolerance, they forced Didi Yemanja, the priestess on site, to leave the terreiro and expelled her from the community.  The alleged traffickers said, “She knew she was not allowed to have an Afro-Brazilian terreiro in the neighborhood.”  After the assailants expelled the religious leader, they remained near the terreiro to prevent other practitioners from entering.  Yemanja said for a few months prior to the incident, Candomble practitioners faced discrimination when wearing religious clothing in public in the neighborhood.  Yemanja said she decided not to press charges against the aggressors for fear of reprisals.

According to media reports, on May 18, unidentified individuals spray-painted messages on the walls of the Jewish Israelite Society of Pelotas building, telling the Jewish community to “wait” for an “international intifada”; they also attempted to set fire to the building but caused only minor damage.  This was the third incident to occur at this synagogue during the year.  In response to the incident, President of the Jewish Federation of Rio Grande do Sul Zalmir Chwartzmann said, “We will not tolerate this kind of attitude; an attack of this magnitude is an offense against the democratic state of law, against freedom of expression and religion, as well as a warning that hate speech is passing from theory to practice, importing a conflict that is not Brazilian and putting our entire society at risk.”

According to media reports, in July a group of unidentified individuals attacked a Candomble terreiro in Buzios in Rio de Janeiro State.  Practitioners were inside when a group of individuals threw stones at the building, damaging the roof but not hurting anyone inside.  Rio de Janeiro State police opened an investigation, which continued through the end of the year.

Media reported that in May a group of vandals entered the Spiritist Center Caboclo Pena Branca terreiro in Baixada Fluminense, setting fire to some areas of the terreiro, destroying sacred objects, and spray-painting messages such as “get out of here macumbeiros (witches)” and “this is no place for macumba (witchcraft).”  Followers of Afro-Brazilian religions said these terms were derogatory when nonpractitioners used them.

In September the Jewish Israelite Federation of Rio de Janeiro reported that individuals spray-painted a swastika on a wall of a residence decorated with a mezuzah in the Zona Sul area of the city.  They said police were trying to identify the attackers.

According to media, on October 4, individuals vandalized the Church of Our Lady of Aparecida in the center of Teodoro Sampaio in Sao Paulo State.  The assailants spray painted “God is gay” on the walls of the church.  According to media, police identified two female suspects, but it was unclear whether police detained anyone.

Media reported that on October 17, police arrested two individuals suspected of vandalizing the Sao Pedro da Serra chapel in Nova Friburgo, Rio de Janeiro State.  Police used security camera footage to identify the men who spray-painted swastikas.  A third individual turned himself in to police authorities.

Between January and June SDH’s nationwide Dial 100 human rights hotline registered 210 complaints related to cases of religious intolerance.  The number of complaints during the comparable period of 2017 was 169.

According to the Bahia State Secretariat, there were 47 cases of religious intolerance in the state during the year, compared with 21 cases in 2017.

As of September the Sao Paulo Secretariat of Justice registered 5,290 reports of religious intolerance in the state.  All of the reports were of “verbal harassment” and were under police investigation as cases of defamation, libel, or slander.  The Brazilian National Movement against Religious Intolerance, created in 2016, sent 13 cases to the Public Ministry of Sao Paulo for further legal proceedings.  These cases involved followers of Afro-Brazilian religions, who said they were subjected to slurs such as “son of Satan” or “Satan’s envoy.”

The Mato Grosso do Sul State Secretariat of Justice and Human Rights and the coordinator of racial equality reported the number of cases of religious intolerance in the state increased 800 percent compared with 2017.

According to the State Secretariat for Human Rights, in Rio de Janeiro there was a 51 percent increase in incidents of religious intolerance from 2017 to 2018.  From January until the first week of December, there were 103 incidents of religious intolerance, compared with 68 incidents during the same period in 2017.  According to the State Secretariat for Human Rights, African religious groups experienced the greatest number of incidents, with 31 percent of complaints involving practitioners of Candomble, 26 percent other African religions, and 17 percent Umbanda.  The municipalities with the highest record of incidents were Rio de Janeiro, Nova Iguacu, and Duque de Caxias – with 49 percent, 10 percent, and 7 percent of incidents occurring in these municipalities, respectively.  Marcio de Jagun, president of the Council for the Defense and Promotion of Religious Freedom, said, “The increase in cases of religious intolerance can be attributed to three factors:  the creation of a service in which society trusts, societal understanding that religious discrimination is a punishable crime, and increased aggression in religious confrontations.”

In January the Parana State chapter of the NGO Collective of Negro Entities (CEN) signed a technical cooperation agreement with the Center for Legal Practice at University Positivo and the state’s Public Defender’s Office for the provision of legal counsel in cases of religious intolerance and racism.  CEN also formed a group of researchers with expertise on the Umbanda and Candomble religions.  The research group said it would produce articles on terreiros and the religious impact of laws and public policy.

Media reported that on August 19, the Seventh-day Adventist Church, with support from the Brazilian Bar Association in the Federal District (DF), Regional Psychology Council, Religious Diversity Parliamentary Front of the DF Legislative Assembly, and DF Religious Diversity Committee, organized the first Freedom Circuit run in Brasilia.  The objective of the event was to promote respect, tolerance, and understanding of religion.  More than 100 individuals from various religious faiths participated, during which organizers collected signatures in support of a local bill to combat religious intolerance in public schools in the Federal District.

On September 16, the NGO Commission to Combat Religious Intolerance organized the 11th Annual Walk in Defense of Religious Freedom at Copacabana beach in Rio de Janeiro.  Organizers estimated the event drew approximately 70,000 practitioners from diverse religious and nonreligious backgrounds, including Muslims, Jews, Christians, Buddhists, and atheists.

The religious freedom commissions of chapters of the Brazilian Bar Association (OAB) across the country remained active throughout the year.  OAB Recife organized a panel presentation on Citizenship, Human Rights, and Religious Freedom on April 12.  OAB Bahia hosted an event called “Islamophobia” in Brazil on May 10.  OAB Ceara held a workshop on religious freedom on May 22.  OAB Sao Paulo hosted its sixth State Congress on rights and religious liberty on May 25, as well as a discussion on Religious Freedom and Economic Development on September 6.

The Jewish Museum of Sao Paulo, built on the remains of Beth-El Synagogue, one of the oldest synagogues in the city, was under construction during the year.  Funding for the museum was raised primarily through private investors and the local community.

In October embassy officials engaged the Ministry of Human Rights’ coordinator for religious diversity, discussing the status of state religious diversity committees and plans for a potential conference on respect for religious diversity and attending the launch of the ministry’s religious diversity campaign.  In February embassy officials attended the event commemorating the Federal District’s third annual Day to Combat Religious Intolerance.  In December an embassy official discussed with Public Defender Luis Fausto the increase in societal intolerance of African religions and the importance of applying the law to protect the religious freedom of these groups.

Rio de Janeiro consulate officials visited an Afro-Brazilian terreiro in Duque de Caxias, in the metropolitan area of Rio de Janeiro, to speak with Conceicao D’Lisa, a priest and leader of a Candomble terreiro.  U.S. officials met with sociologist Christina Vital from the Institute for Religious Studies to learn about attacks on the terreiros of practitioners of Afro-Brazilian religions in the state.

In March Sao Paulo consulate officials visited the site of the city’s Jewish Museum under construction on the remains of one of the city’s oldest synagogues, to discuss the museum’s development and issues affecting the Jewish community.

Sao Paulo consulate officials met with several evangelical Protestant leaders in the months leading up to the October elections – discussing the leaders’ views on the participation of religious groups in the political process and their priorities from a religious perspective.

In September Rio de Janeiro consulate officials visited the Universal Church of the Kingdom of God (IURD) Cathedral (also known as the Templo da Gloria do Novo Israel) to learn about the IURD denomination in the state.  They also discussed the IURD’s active participation in the October elections, including that of Rio Mayor Marcelo Crivella, an IURD bishop.  In June a Rio de Janeiro consulate official met with one of the country’s prominent evangelical leaders and televangelists, Assemblies of God pastor Silas Malafaia, to discuss religious priorities and preferences in the elections.

In September a Rio de Janeiro consulate official met with Father Antonio Augusto Dias Duarte, the head of family and youth outreach for the Catholic Archdiocese of Rio de Janeiro, to discuss the religious vote and the Church’s position on addressing the elections and political issues from the pulpit.

The U.S. government estimates the total population at 451,000 (July 2018 estimate).  According to the 2011 census, 78.8 percent of the population is Muslim, 8.7 percent Christian, and 7.8 percent Buddhist, while the remaining 4.7 percent consists of other religions, including indigenous beliefs.

There is significant variation in religious identification among ethnic groups.  According to 2016 official statistics, ethnically Malay Bruneians comprise 66 percent of the population and are presumed to be Muslim as an inherited status.  The Chinese population, which is approximately 10 percent of the total population and includes both citizens and permanent residents, is 65 percent Buddhist and 20 percent Christian.  Indigenous tribes such as Dusun, Bisaya, and Murut make up approximately 4 percent of the population and are estimated to be 50 percent Muslim, 15 percent Christian, and the remainder followers of other religious groups, including adherents of traditional practices.  The remaining fifth of the population includes foreign-born workers, primarily from Indonesia, Malaysia, the Philippines, and South Asia or are stateless residents.  According to official statistics, approximately half of these temporary and permanent residents are Muslim, more than one-quarter Christian, and 15 percent Buddhist.

Legal Framework

The constitution states the religion of the country shall be the Shafi’i school of Sunni Islam but allows all other religions to be practiced “in peace and harmony” by the persons professing them.

The legal system is divided between civil law and sharia, which have parallel systems of both criminal and civil/family law and operate separate courts under a single judiciary department.  The civil courts are based on common law.  The sharia courts follow the Shafi’i school of Islamic jurisprudence, in which there is no law of precedence and judges are not bound by the decisions of a higher court.  Sharia courts have jurisdiction over both criminal law and civil/family matters involving Muslims and hear cases brought under long-standing sharia legislation as well as under the SPC.  In some cases, non-Muslims are subject to sharia courts, such as in the case of khalwat (close proximity between the sexes) if the other accused party is Muslim.

In 2014, the government announced it would introduce the SPC in three phases, and the first phase came into force that year.  The SPC exists in parallel with the common law-based criminal law system and primarily involves offenses punishable by fines or imprisonment.  It includes long-standing domestic sharia laws such as on drinking alcohol, propagating religions other than Islam, eating in public during the fasting hours of Ramadan, cross-dressing, and close proximity between unmarried persons of the opposite sex.  It prohibits “indecent behavior,” including pregnancies out of wedlock, and criminalizes any act that “tends to tarnish the image of Islam, deprave a person, bring bad influence, or cause anger to the person who is likely to have seen the act.”  The SPC applies to both Muslims and non-Muslims, including foreigners, as well as to offenses committed outside the country by citizens or permanent residents.  Non-Muslims are exempt from certain sections, such as requirements for men to join Friday prayers or payments of zakat (obligatory annual alms giving).  It states that Muslims will be identified for purposes of the law by “general reputation.”

Government gazettes dated December 29 contained orders from the sultan that the CPC – a necessary step to implement the SPC – would enter into force on January 1, 2019, and both the SPC second and third phases, with provisions for both corporal and capital punishments, would take effect on April 3, 2019.  The CPC outlines the procedures that law enforcement agencies and the sharia court need to follow when investigating and prosecuting sharia-related offenses.

When fully implemented, the SPC will introduce corporal punishments, including amputation for crimes such as theft, and capital punishments such as stoning to death for rape, fornication, adultery, or sodomy, and execution for apostasy, contempt of the Prophet Muhammad, or insult of the Quran.  The punishments included under the SPC have different standards of proof from the common law-based penal code, such as requiring four pious men to witness personally an act of fornication to support a sentence of stoning.  Stoning sentences, however, could be supported by a confession in lieu of evidence at the discretion of a sharia judge.

The government describes its official national philosophy as Melayu Islam Beraja (MIB), or Malay Islamic Monarchy, which the government defines as “a system that encompasses strong Malay cultural influences, stressing the importance of Islam in daily life and governance, and respect for the monarchy as represented by His Majesty the Sultan.”  The government has said this system is essential to the country’s way of life and its main defense against extremism.  A government body, the MIB Supreme Council, seeks to spread and strengthen the MIB philosophy and ensure MIB is enshrined in the nation’s laws and policies.  MIB is a compulsory subject for students in both public and private schools, including at the university level.

The Religious Enforcement Division under the Ministry of Religious Affairs (MORA) is the lead agency in many investigations related to religious practices, but other agencies also play a role.  The Religious Enforcement Division leads investigations on crimes that exist only in the SPC and other sharia legislation, such as male Muslims failing to pray on Fridays.  Cases involving crimes that are not covered by sharia legislation, such as human trafficking, are investigated by the Royal Brunei Police Force (RBPF).  Cases involving crimes covered by both sharia and the civil code are also investigated by the RBPF and referred to the AGC.  In these cases, a committee of AGC and MORA officials determines in each case if a specific crime should be prosecuted and whether it should be filed in the sharia or civil court.  No official guidelines for the committee’s determination process have been published.

The government has permitted Shafi’i Muslims and members of non-Muslim religious minorities to practice their faiths but has continued to ban several religious groups it considers “deviant,” including the Ahmadiyya Muslim Community, Al-Arqam, Abdul Razak Mohammad, Al-Ma’unah, Saihoni Tasipan, Tariqat Mufarridiyyah, Silat Lintau, Qadiyaniah, the Baha’i Faith, and Jehovah’s Witnesses.  The list is based on fatwas proclaimed by the state mufti or the Islamic Religious Council – a government body and the sultan’s highest authority on matters on Islam – and is publicly available on MORA’s website.  The SPC also bans any practice or display of “black magic.”

The SPC includes a list of words and expressions, including the word “Allah,” reserved for use by only Muslims or in relation to Islam.  In 2016, the government clarified that the use of certain words, such as “Allah” by non-Muslims, did not constitute an SPC offense when used in a nonreligious context or social activity.

Muslims are legally permitted to renounce their religion until authorities implement the complete SPC, but individuals wishing to renounce their faith must inform the Islamic Religious Council in writing.  A person must be at least 14 years and seven months old to convert to a different religion.  If parents convert to Islam, their children automatically become Muslim.

The law requires all organizations, including religious groups, to register and provide the names of their members.  Applicants are subject to background checks for leaders and board members, and proposed organizations are subject to naming requirements.  Registered organizations must furnish information on leadership, election of officers, members, assets, activities, and any other information requested by the registrar.  Benefits of registration include the ability to operate, reserve space in public buildings, and apply for permission to raise funds.  The registrar of societies oversees the application process, exercises discretion over applications, and is authorized to refuse approval for any reason.  Organizations are prohibited from affiliation with any organization outside the country without written approval by the registrar.  Unregistered organizations may face charges of unlawful assembly and may be subject to fines.  Individuals who participate in or influence others to join unregistered organizations may be fined, arrested, and imprisoned.  The general penalty for violating laws on the registration and activity of organizations is a fine of up to 10,000 Brunei dollars (BND) ($7,300), imprisonment for up to three years, or both.

The law states that any public assembly of five or more persons requires official approval in advance.  Under long-standing emergency powers, this applies to all forms of public assembly, including religious assembly.  In practice, however, places of worship are viewed as private.

The law forbids the teaching or promotion of any religion other than Islam to Muslims or to persons of no faith.  Under the first phase of the SPC, the penalty for propagating religions other than Islam is up to five years in prison, a fine of up to 20,000 BND ($14,700), or both.  The SPC includes a provision that makes it illegal to criticize Islam, including the SPC itself.

Laws and regulations limit access to religious literature.  The law states it is an offense for a person to import any publication deemed objectionable, which is defined in part as describing, depicting, or expressing matters of race or religion in a manner likely to cause “feelings of enmity, hatred, ill-will, or hostility between different racial or religious groups.”  The law also bans distributing materials relating to religions other than Islam to Muslims or persons of no faith.

The law establishes two sets of schools:  those offering the national or international curriculum and administered by the Ministry of Education (MOE), and those offering supplemental religious education (ugama) that are administered by MORA.

MOE schools are required to teach a course on Islamic religious knowledge, which is required for all Muslim children ages seven to 15 who reside in the country and who have at least one parent who is a citizen or permanent resident.  Non-Muslims are exempted from all religious study requirements and receive teaching on moral behavior.  Muslim students must also attend separate, MORA-run religious schools (often in the afternoon after MOE schools have adjourned), which provide additional ugama instruction.

Ugama instruction in MORA schools is a seven-to-eight-year course that teaches the day-to-day practice of Sunni Islam according to the Shafi’i school and is mandatory for Muslim students ages seven to 14 who hold citizenship or permanent residency.

Alternatively, MORA also administers a set of schools taught in Arabic that offer the national curriculum combined with ugama religious education.

A 2012 government order mandates that every Muslim child between the ages of seven and 15 attend a MORA religious school.  Parents may be fined up to 5,000 BND ($3,700), imprisoned for a term not exceeding one year, or both for failure to comply with the order.  The law does not make accommodations for Muslims who have non-Shafi’i beliefs.

In July the sultan directed that Islamic history be made a compulsory subject in all educational institutions, including private schools.

Public and private schools, including private schools run by churches, are prohibited from providing religious instruction in beliefs other than the Shafi’i school of Islam during school hours.  Schools may be fined or school officials imprisoned for teaching non-Islamic religious subjects.  The SPC criminalizes exposing Muslim children or the children of parents who have no religious affiliation to the beliefs and practices of any religion other than Islam.  The law also requires practitioners to obtain official permission before teaching any matter relating to Islam.  Churches and religious schools are permitted to offer non-Shafi’i Islamic education in private settings, such as private homes.

All parental rights are awarded to the Muslim parent if a child is born to parents who are not both Muslim.  The non-Muslim parent is not recognized in any official document, including the child’s birth certificate, unless that parent has converted to Islam.  The law bans any Muslim from surrendering custody of a minor or dependent in his or her guardianship to a non-Muslim.

Under the SPC, non-Muslims may be arrested for zina (fornication or adultery) or khalwat, provided that the other accused party is Muslim.  Foreigners are also subject to these laws.

A regulation requires businesses that produce, supply, and serve food and beverages to obtain a halal certificate or apply for an exemption if serving non-Muslims.

MORA has declared circumcision for Muslim girls (sunat) a religious rite obligatory under Islam and describes it as the removal of the hood of the clitoris (Type I per World Health Organization classification).  The government has stated it does not consider this practice to be female genital mutilation/cutting (FGM/C) and has expressed support for the World Health Organization’s call for the elimination of FGM/C.  In his 2017 fatwas, the state mufti stated that both male and female circumcision are required and specified that female circumcision involves a “small cut above the vagina.”

The country is not a party to the International Covenant on Civil and Political Rights.

Government Practices

Government-provided statistics indicated sharia courts prosecuted 123 cases resulting in 71 convictions between January and August.  The majority of convictions were for khalwat and illicit sex.  Additionally, two individuals were convicted for disrespecting the month of Ramadan.

The defendant in a long-running sedition case, accused of criticizing MORA’s halal policy, fled the country before his verdict in order to seek refuge in Canada.  In response, the prosecution obtained an arrest warrant and informed the court it intended to apply for judgment in absentia.

Public and private practitioners in the local legal community stated that the CPC does not fully address evidentiary standards for prosecution of corporal and capital punishment cases for phases two and three of the SPC.

MORA continued to provide texts for Friday sermons to all mosques, which were then required to deliver the approved texts, and the government required the sermons to be preached only by registered imams.

The Reporters Without Borders 2018 World Press Freedom Index for Brunei stated journalists in the country practiced self-censorship as a rule when reporting on religion.

There was no legal requirement for women to wear head coverings in public; however, religious authorities continued to reinforce social customs to encourage Muslim women to wear the tudong (a traditional Islamic head covering), and many women did so.  When applying for passports, drivers’ licenses, and national identity cards, Muslim females were required to wear a tudong.  Muslim women employed by the government were expected to wear a tudong to work, although some chose not to with no reports of official repercussions.  In government schools and institutions of higher learning, Muslim female students were required to wear a uniform that includes a head covering.  Male students were expected to wear the songkok (a traditional hat), although this was not required in all schools.  Women who were incarcerated, including non-Muslims, were required to wear a uniform that included a tudong.

Religious leaders and government officials did not officially warn citizens against publicly displaying symbols of religions other than Islam during Christmas and Chinese New Year, as they did last in 2016.  Many businesses still chose not to display decorations; however, Christmas decorations were on display for sale in many shops in popular malls.  As in past years, the government limited traditional Lunar New Year lion dance performances to a three-day period and restricted them to the Chinese temple, Chinese school halls, and private residencies of Chinese Association members.  Members of the royal family publicly attended Lunar New Year celebrations and lion dance performances during the allowed period, with front-page coverage in state-influenced media.

The government periodically warned the population about “outsiders” preaching non-Shafi’i versions of Islam, including both “liberal” practices and those associated with jihadism, Wahhabism, or Salafism.  In November while addressing an audience that contained international Islamic scholars and several senior government officials, the head of the Religious Teachers’ University College stated the ideas of liberalism and individual freedom in religion were dangerous.

According to a local press article, in May the head of the Traditions and Customs Council, Pengiran Aziz, told members of the Brunei-China Friendship Association that foreigners residing in the country must adopt the national philosophy, MIB, and described it as a concept of life and the foundation of national unity.

The government continued to enforce strict customs controls on importing non-Islamic religious texts such as Bibles, as well as on Islamic religious teaching materials or scriptures intended for sale or distribution.  Authorities generally continued to ban non-Islamic religious texts from import, and the censorship board continued to review Islamic texts to ensure they did not contain text that deviated from the Shafi’i school of Islam.  Personal packages entering the country continued to be checked by customs to ensure they did not contain anything of a non-Shafi’i Islamic or perceived sexual nature, such as magazines showing women in swimsuits.

Churches stated that a long-standing fatwa discouraging Muslims from assisting in perpetuating non-Muslim faiths continued to inhibit expansion, renovation, or construction of new facilities.  Christian religious groups said, however, authorities generally permitted churches and associated schools to repair and renovate buildings on their sites if required for safety.  This approval process remained lengthy and difficult, and there were continuing reports of the government stalling new construction projects for not meeting the complicated permit process requirements.  With only six approved churches in the country, facilities were often too small to accommodate their congregations without significant overflow seating outdoors.  Chinese Buddhist temples were also subject to the same fatwa, with only one official Chinese temple preserved as a cultural heritage site.  Government data from 2015, the latest available, indicated there were 99 registered mosques.  Christian worshippers continued to report difficulty accessing churches on many Sundays because of road closures by the government for official events, with some services being rescheduled to other times.

The minister of religious affairs reported there had been a significant increase in the number of students attending religious school since the implementation of the 2012 order on compulsory religious education.  The government reported many non-Muslim children elected to take courses on Islam.  Reportedly, those applying for government-funded scholarships believed having such courses could be advantageous.  Most school textbooks were illustrated to portray Islam as the norm, and women and girls were shown wearing the tudong.  There were no depictions of the practices of other religious groups in textbooks.

Authorities continued to prohibit non-Muslims and non-Shafi’i Muslims from receiving non-Shafi’i religious education in schools.  The government tolerated non-Islamic religious education in private settings, such as at home or in approved churches.  All church-associated schools were recognized by the MOE and remained open to students of any religion, although they were not permitted to offer religious instruction other than for Shafi’i Islam.

Throughout the year, the government enforced business hour restrictions requiring all businesses to close for the two hours of Friday prayers.  Religious enforcement officers continued to enforce a ban on restaurants serving dine-in food during the fasting hours of Ramadan and issued verbal warnings to those found in breach of the ban.  In May an article in Borneo Bulletin, citing the SPC, advised local eateries not to serve dine-in customers during daylight hours and cautioned the public not to eat, drink, or smoke in public places during daylight hours throughout Ramadan.  During Ramadan, a picture of government officials entering a restaurant and reportedly issuing a verbal warning for serving dine-in food during fasting hours went viral on social media platforms WhatsApp and Reddit.  In March the owner of a prominent restaurant was fined 825 BND ($610) for violating halal regulations by having alcohol and nonhalal meat products on his premises.  The government continued to enforce a ban on eating, drinking, or smoking in public during the fasting hours of Ramadan, which was applied to both Muslims and non-Muslims.

Authorities reportedly stepped up enforcement of anti-alcohol laws.  Law enforcement agencies raided two hotels and several private parties for serving alcohol illegally.  The government maintained a long-standing ban on the sale of alcoholic beverages and cigarettes, and a restriction against the import or consumption of alcoholic beverages by Muslims.  In March border enforcement agencies began more rigorous enforcement and increased the frequency of border inspections, specifically seeking out those with alcohol or cigarettes.  Religious authorities allowed nonhalal restaurants and nonhalal sections in supermarkets to operate without interference but continued to hold public outreach sessions to encourage restaurants to become halal.

The government offered incentives to prospective converts to Islam and the Shafi’i school, especially those from indigenous communities in rural areas, including help with housing, welfare assistance, or help to perform the Hajj.  During the year, Hajj participants received designer luggage from the government.  The government gave presentations on the benefits of converting to Islam that received extensive press coverage in state-influenced media.  According to government statistics, approximately 500 individuals converted to Islam during the year, similar to previous years.  Converts included citizens and permanent residents, as well as foreigners.  Official government policy supported Islam through the national MIB philosophy as well as through government pledges to make the country a zikir nation (a nation that remembers and obeys Allah).

Despite the absence of a legal prohibition of Muslims marrying non-Muslims, all Muslim weddings required approval from the sharia courts, and officiants, who were required to be imams approved by the government, required the non-Muslim party to convert prior to the marriage.

Most government meetings and ceremonies commenced with an Islamic prayer, which the government continued to state was not a legal requirement but a matter of custom.

The government required residents to carry identity cards that stated the bearer’s ethnicity, which were used in part to determine whether he or she was Muslim; for example, all ethnic Malays, including those traveling in the country, were assumed to be Muslim.  Malays were required to follow certain Islamic religious practices or potentially face fines, arrest, and imprisonment.  Religious authorities reportedly checked identity cards for ethnicity when conducting raids against suspected violators of sharia.  Visitors to the country were asked to identify their religion on their visa applications.

Speaking at the closing of the Legislative Council session in March, the minister of religious affairs stated, “If asked by anyone where the democracy of Brunei’s MIB is, answer assertively that our democracy is based on the teachings of Islam.  We will not export Brunei’s democracy, as it is a democracy that fits the land.”

In June As-Syahadah Muallaf Youth, a government-associated youth group, hosted a first of its kind multifaith iftar and invited non-Muslims to the event at one of the country’s biggest mosques.  Muhammad Yusri Hj Abdul Majid, one of the event organizers, stated the group hosted the iftar to foster understanding between Muslims and non-Muslim communities.  Following the occasion, local press reported MORA intended to make the multifaith iftar an annual event.

Non-Muslims and Muslims faced social pressure to conform to Islamic guidelines regarding behavior.  Male members of the Islamic community reportedly felt pressure from family and friends to attend Friday prayers despite not having strong religious beliefs.  Members of the LGBTI community expressed fears about openly expressing their sexuality as they thought it would bring shame on their families who were religious.

In discussion of religion and religious freedom on social media outlets such as Facebook and Reddit, Muslims and non-Muslims posted comments questioning the relevance of the MIB national philosophy, and some commenters called for religion to play no part in government policy.  Others called for increased Islamification and increased restrictions on non-Muslims.  Residents who questioned the SPC or Islamic values on social media sometimes reported receiving online abuse and threats and official monitoring.  Some vocal activists who challenged established norms reported family and friends would pressure them to keep quiet due to fear they would attract the attention of authorities or damage the family’s reputation.

Some Muslims who wished to convert to another religion reportedly continued to fear social retribution, such as ostracism by friends, family, and their community.  If parents converted to Islam, there was often family and official pressure for the children to do the same.  Some non-Muslims said they felt pressured in the workplace or in social groups to convert to Islam.

In March an imitation grenade found in the parking lot of the Sharia Court building in the capital city prompted a security alert.

Throughout the year, the Ambassador, other embassy officers, and visiting U.S. government officials regularly engaged with the government regarding the content and implementation of the SPC, ratification of UNCAT, and protection of minority rights.

In June the Acting Assistant Secretary of State for East Asian and Pacific Affairs met with Dato Erywan, Minister of Foreign Affairs II, in Washington and encouraged Brunei to ratify UNCAT and avoid some of the more severe punishments proscribed under the SPC.  During the meeting, the Acting Assistant Secretary discussed the implementation of sharia and encouraged the government to ensure implementation was in compliance with UNCAT.  The meeting also included discussion of the controversy within the international community that further implementation of the SPC would cause.

In November Department of State officials reinforced these points in meetings with  senior officials from the AGC and discussed the SPC, preparations for implementation of SPC phases two and three, and likely international reactions to SPC phases two and three.

In October the Charge d’Affaires, along with other members of the diplomatic community, met with Apostolic Delegate to Brunei Archbishop Joseph Marino, who discussed the SPC and its impact on religions other than Islam.

U.S. officials continued to coordinate with other governments, including Australia and the United Kingdom, regarding shared concerns about implementation of the SPC and continued to encourage the government to postpone implementation.  U.S. embassy officials emphasized the seriousness with which the United States takes assurances from the government that the evidentiary and witness standards in the SPC would, as a matter of procedure and policy, be so exacting as to effectively guarantee that torture or other cruel, inhuman, or degrading treatment or punishment will not be carried out in practice.  The Ambassador and other embassy officials also continued to raise concerns that a confession could be used in lieu of evidence, and that those accused could be coerced by social pressure to confess.  Embassy officials urged religious enforcement officers and officials involved in implementation and enforcement of the SPC to comply with international human rights norms.  Senior government officials continued to emphasize the uniqueness of the country’s sharia and the near-impossibility of meeting SPC evidentiary standards required for the harshest punishments.

The Ambassador and the Charge d’Affaires frequently met during the year with government and religious leaders to discuss the concerns of religious minorities regarding the implications of the SPC for the non-Muslim community and the limitations placed on open practice of other religions.

Embassy officials visited places of worship, spoke with leaders of all principal religious groups, and facilitated discussions on the SPC and laws and policies affecting religious freedom in the country, including obstacles to practicing religions and beliefs other than Shafi’i Islam in addition to provisions of sharia.

The U.S. government estimates the total population at 7.0 million (July 2018 estimate).  According to the 2011 census, 76 percent of the population identifies as Eastern Orthodox Christian, primarily affiliated with the BOC.  The census reported Muslims, the second-largest religious group, are approximately 10 percent of the population, followed by Protestants at 1.1 percent and Roman Catholics at 0.8 percent.  Orthodox Christians from the Armenian Apostolic Orthodox Church (AAOC), Jews, Jehovah’s Witnesses, members of The Church of Jesus Christ of Latter-day Saints, and other groups together make up 0.2 percent of the population.  According to the census, 4.8 percent of respondents have no religion and 7.1 percent do not specify a religion.

Some religious minorities are concentrated geographically.  Many Muslims, including ethnic Turks, Roma, and Pomaks (descendants of Slavic Bulgarians who converted to Islam under Ottoman rule) live in the Rhodope Mountains along the southern border with Greece and Turkey.  Ethnic Turkish and Romani Muslims also live in large numbers in the northeast and along the Black Sea coast.  Some recent Romani converts to Islam live in towns in the central region, such as Plovdiv and Pazardjik.  According to the census, nearly 40 percent of Catholics live in and around Plovdiv.  The majority of the small Jewish community lives in Sofia, Plovdiv, and along the Black Sea coast.  Protestants are widely dispersed, but many Roma are Protestant converts, and Protestants are more numerous in areas with large Romani populations.  Approximately 80 percent of the urban population and 62 percent of the rural population identifies as Orthodox Christian.  Approximately 25 percent of the rural population identifies as Muslim, compared with 4 percent of the urban population.

Legal Framework

The constitution states freedom of conscience and choice of religion or no religion are inviolable, prohibits religious discrimination, and stipulates the state shall assist in maintaining tolerance and respect among believers of different denominations, as well as between believers and nonbelievers.  It states the practice of any religion shall be unrestricted and religious beliefs, institutions, and communities shall not be used for political ends.  It restricts freedom of religion to the extent that its practice would be detrimental to national security, public order, health, and morals, or the rights and freedoms of others.  It states no one shall be exempt from obligations established by the constitution or the law on grounds of religious or other convictions.  The constitution also stipulates the separation of religious institutions from the state and prohibits the formation of political parties along religious lines as well as organizations that incite religious animosity.  The law does not allow any privilege based on religious identity.

The constitution names Eastern Orthodox Christianity as the country’s traditional religion.  The law establishes the BOC as a legal entity, exempting it from the court registration that is mandatory for all other religious groups wishing to acquire legal recognition.

The penal code prescribes up to three years’ imprisonment for persons attacking individuals or groups based on their religious affiliation.  Instigators and leaders of an attack may receive prison sentences of up to six years.  Those who obstruct the ability of individuals to profess their faith, carry out their rituals and services, or compel another to participate in religious rituals and services may receive prison sentences of up to one year.  Violating a person’s or group’s freedom to acquire or practice a religious belief is subject to a fine of between 100 and 300 levs ($59 to $180).  If a legal entity commits the infraction, the fine can range from 500 to 5,000 levs ($290 to $2,900).

To receive national legal recognition, the law requires religious groups other than the BOC to register with the Sofia City Court.  Applications must include:  the group’s name and official address; a description of the group’s religious beliefs and service practices, organizational structure and bodies, management procedures, bodies, and mandates; a list of official representatives and the processes for their election; procedures for convening meetings and making decisions; and information on finances and property and processes for termination and liquidation of a group.  The Directorate for Religious Affairs under the Council of Ministers provides expert opinions on registration matters upon request of the court.  Applicants may appeal negative registration decisions to the Sofia Appellate Court and, subsequently, the Supreme Cassation Court.  The law does not require the formal registration of local branches of registered groups, only that branches notify local authorities of the national registration of their group.  The law prohibits registration of different groups with the same name in the same location.  There are 180 registered religious groups in addition to the BOC.

The law requires the government to provide funding for all registered religious groups, although there is no legal requirement on how to allocate the funds among the groups.  Registered groups have the right to perform religious services; own assets such as houses of worship and cemeteries; provide medical, social, and educational services; receive property tax exemptions; and participate in commercial ventures.

Unregistered religious groups may engage in religious practice, but they lack privileges granted to registered groups, such as access to government funding and the right to own property, establish financial accounts in their names, operate schools and hospitals, receive property tax exemptions, and sell religious merchandise.

The law restricts the wearing of face-covering garments in public places, imposing a fine of 200 levs ($120) for a first offense and 1,500 levs ($880) for repeat offenders.

The law allows registered groups to publish, import, and distribute religious media; unregistered groups may not do so.  The law does not restrict proselytizing by registered or unregistered groups.  Some municipal ordinances, however, restrict the activities of unregistered groups to include proselytizing and require local permits for distribution of religious literature in public places.

By law, public schools at all levels may, but are not required to, teach the historical, philosophical, and cultural aspects of religion and introduce students to the moral values of different religious groups as part of the core curriculum.  A school may teach any registered religion in a special course as part of the elective curriculum upon request of at least eight students, subject to the availability of books and teachers.  The Ministry of Education and Science approves and provides books for these special religion courses.  If a public school is unable to pay for a religion teacher, it may accept financial sponsorship from a private donor or a teacher from a registered denomination.  The law also allows registered religious groups to operate schools and universities, provided they meet government standards for secular education.

The Commission for Protection against Discrimination is an independent government body charged with preventing and protecting against discrimination, including religious discrimination, and ensuring equal opportunity.  It functions as a civil litigation court adjudicating discrimination complaints and does not charge for its services; its decisions may be appealed to administrative courts.  If the commission accepts a case, it assigns it to a panel and then reviews it in open session.  If it makes a finding of discrimination, the commission may impose a fine of 250-2,000 levs ($150-$1,200).  The commission may double fines for repeat violations.  Regional courts may also try civil cases involving religious discrimination.

The law establishes an independent ombudsman to serve as an advocate for citizens who believe public or municipal administrations or public service providers have violated their rights and freedoms, including those pertaining to religion, through their actions or inaction.  The ombudsman may request information from authorities, act as an intermediary in resolving disputes, make proposals for terminating existing practices, refer information to the prosecution service, and request the Constitutional Court to abolish legal provisions as unconstitutional.

The penal code provides up to three years’ imprisonment for forming “a political organization on religious grounds” or using a church or religion to spread propaganda against the authority of the state or its activities.  It prohibits the propagation or incitement of religious or other discrimination, violence, or hatred “by speech, press or other media, by electronic information systems or in another manner,” as well as religiously motivated assault or property damage.  Either offense is punishable by imprisonment for one to four years and a fine of 5,000-10,000 levs ($2,900-$5,900), as well as “public censure.”  Desecration of religious symbols or sites, including places of worship or graves, is punishable by up to three years’ imprisonment and a fine of 3,000-10,000 levs ($1,800-$5,900).

The law allows foreign members of religious denominations to obtain long-term residency permits.

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

Government Practices

On December 21, the National Assembly passed amendments to a 2002 religious denomination law that provide for increased government funding for the two largest religious groups, the BOC and the Muslim community, and require all religious groups to report to the government all places of worship they use.  The original version of the amendments, presented in the National Assembly in May and approved at first reading in October, imposed restrictions on foreign funding and foreign clergy activities.  They also prohibited preaching in a language other than Bulgarian, required denominations to prove they had at least 300 (subsequently increased to 3,000) members to obtain registration, and limited religious groups’ ability to open religious schools and conduct religious education.  All major religious groups in the country opposed the proposed amendments, stating they would restrict religious freedom under the guise of protecting national security and combating terrorism.  The religious groups also criticized the amendments as discriminatory toward smaller groups, stating they would violate the constitutional separation between religion and state and impose unprecedented government control on religious life.  In November and December, following protests by all major religious groups, the political parties in the National Assembly negotiated with their representatives and agreed on a revised version of the amendments, removing the discriminatory provisions by year’s end.

On March 30, the Plovdiv Appellate Court sentenced Ahmed Mussa to one year in prison for spreading Salafi Islam, which the prosecution characterized as an antidemocratic ideology, and for membership in an illegal radical organization.  The court levied fines on 11 other Muslims ranging between 1,500 and 2,000 levs ($880-$1,200).  The court found one individual not guilty.  In 2016 the Supreme Cassation Court had vacated the guilty verdict against Mussa and rescinded the fines against the 12 other Muslims, ordering the Plovdiv Appellate Court to retry the case.  By year’s end, Mussa continued to appeal the verdict in the Supreme Cassation Court.

A trial that began in 2016 of 14 Romani Muslims, including Ahmed Mussa, on charges of supporting ISIS, assisting foreign fighters, and propagating antidemocratic ideology and incitement to war continued at year’s end in the Pazardjik District Court.  Mussa remained free on bail, and the court released the other defendants on their own recognizance.

In April the High Muslim Council (HMC), representing Muslims in the country and led by Grand Mufti Mustafa Alish Hadji, issued a declaration protesting an interview in the online site Trafficnews.  In the interview, the prosecutor of the two cases involving Ahmed Mussa and others described Muslims as “an easy to manipulate … monolithic mass” and a threat to the country’s security.  The HMC accused the prosecutor of hate speech and called on authorities to take action against her.  The prosecutor said she had not given such an interview.  The prosecution service’s inspectorate concluded there had been no misconduct, and the Commission for Protection against Discrimination declined to open a case, citing lack of sufficient evidence.

The Ahmadiyya Muslim community remained unregistered despite the June 2017 European Commission on Human Rights ruling that the government had violated the European Convention on Human Rights by denying its registration application.  In September the Ahmadis filed a new registration application with the Sofia City Court; the application was pending at year’s end.

In April the Shumen Regional Court issued a four-month suspended sentence and a public censure to brothers Rosen and Atanas Yordanov, also known as Yuzeir and Ali Yuzeirov, for using “OTOMAN” as an acronym for a political party named “Unity for Tolerance, Responsibility, Moral, and Alternative Progress.”  The court found that the party’s constituent assembly on the day of Christian observance of Good Friday, its wearing of fez hats, using a crescent on the new party’s flag, and performing a namaz prayer during a wreath-laying ceremony at the monument of a Bulgarian war hero who fought in the Balkan War against the Ottomans constituted preaching religious hatred.

On December 21, the Smolyan Regional Court began hearing the case against Efrem Mollov, charged with propagating discrimination and religious hatred in his book, Is There Future for Great Bulgaria or Why Pomak History Remains Hidden.  According to the indictment, the book distorted history by glorifying Pomaks at the expense of all other Bulgarians.  Mollov did not appear in court, but his attorney pled guilty on his behalf and requested a fast-track trial, meaning the court has to sentence him below the minimum penalty (up to four years’ imprisonment or probation and a fine of 5,000-10,000 levs ($2,900-$5,900)).  The court, however, postponed the case because a fast-track trial requires the defendant’s presence.

Former Grand Mufti Nedim Gendjev continued to challenge the legitimacy of Hadji as grand mufti.  At year’s end, an appeal against Hadji’s election at a regular Muslim conference in 2016 remained pending in court.

The national budget allocated a total of five million levs ($2.93 million) for the construction and maintenance of religious facilities and related expenses, including 3.8 million levs ($2.23 million) for the BOC; 400,000 levs ($234,000) for the Muslim community; and 60,000 levs ($35,100) each for the Catholic Church, AAOC, and the Jewish community.  The budget distributed 100,000 levs ($58,600) among seven other registered denominations that had applied for funds to the Directorate for Religious Affairs.  The directorate stated its goal was to make sure denominations that had not received funds previously received funding if they applied.  The government’s budget also allocated 300,000 levs ($176,000) for the maintenance of religious facilities of national importance, 55,000 levs ($32,200) for the publication of religious books and research, and 15,000 levs ($8,800) to the National Council of Religious Communities.  The budget kept 150,000 levs ($87,900) in reserve.  Throughout the year, as was customary, the government allocated more than two million levs ($1.17 million) in targeted funding for restoration or construction of BOC facilities.

Minority religious groups reported dozens of municipalities, including the regional cities of Kyustendil, Pleven, Shumen, and Sliven, had ordinances prohibiting door-to-door proselytizing and the distribution of religious literature.  Many municipalities, including the regional cities of Razgrad, Varna, and Vratsa, restricted the activities of unregistered religious groups.

Jehovah’s Witnesses reported many municipalities continued to have ordinances restricting their religious activities, including ones preventing them from expressing their religious convictions in public and carrying out what the ordinances termed “religious agitation on city streets” by distributing free printed materials, and from visiting individuals at their homes, which was often characterized as “religious propaganda.”  They noted many of those municipalities did not enforce these ordinances, especially after the religious group started filing lawsuits.  They continued to cite instances in which police or local government officials fined, threatened, warned, or issued citations to individual Jehovah’s Witnesses for violating these ordinances.  On May 26, a police patrol approached two Jehovah’s Witnesses who were proselytizing in a Sofia neighborhood and told them engaging individuals in their homes was illegal, threatening to “take more serious measures” if they continued.  Jehovah’s Witness representatives stated, however, that such instances had decreased significantly since 2017.

There were continued instances of municipalities imposing fines on individual Jehovah’s Witnesses even though the city ordinances did not include restrictions on religious activities.  Courts generally annulled these fines when Jehovah’s Witnesses appealed them.  For example, on January 11, Varna municipal officials issued citations for unauthorized commercial activity to Jehovah’s Witnesses distributing religious literature, but the administrative court in Varna subsequently repealed them.

In February and July, the Supreme Administrative Court confirmed the lower courts’ decisions and ruled the Stara Zagora and Kyustendil municipalities’ ordinances restricting proselytizing had violated the country’s constitution, declaring the ordinances null and void.  Shumen Municipality’s appeal of a court ruling declaring provisions in its ordinance restricting proselytizing unconstitutional was pending at year’s end.

In March, the government secured funding and started a procedure for the restoration of the Makbul Ibrahim Pasa Mosque in Razgrad, a national cultural monument managed by the Ministry of Culture.  According to media publications, the government acted because of continued pleas by the regional mufti and requests for reciprocal maintenance of historic religious buildings by Turkey.

In May the Office of the Grand Mufti issued a protest declaration against the decision of the municipal council in Stara Zagora to replace more than 800 place names of Turkish and Arabic origin with Bulgarian names, stating that the “level of racism and intolerance regarding everything Muslim is critical.  It is an extremely dangerous process that could provoke a new line of division in society.”

Catholic community leaders continued to object to the Sofia municipality’s refusal to recognize the religious status of two monasteries there, treating them instead as residential buildings and imposing taxes that otherwise would be waived.  At year’s end, appeals were pending at the Sofia Administrative Court.

The Office of the Grand Mufti again reported there had been no progress by year’s end regarding its claim, lodged with the Sofia City Court, for succession to the properties of pre-1940s Muslim religious communities seized by the communist government.  Pending court review of who was the rightful successor to the confiscated properties, the government continued to suspend all restitution claims by the Office of the Grand Mufti.

According to the Catholic Church, authorities had returned approximately 50 percent of the properties for which it was seeking restitution since the restitution law entered into force in 1992; however, the government again did not restitute any additional properties during the year.

The United Evangelical Churches (UEC) – a group representing nine individual Protestant churches and three unions of Pentecostal, Baptist, and Congregational Churches – cited cases of small town mayors who pressured the chitalishta (local government-supported educational and cultural community centers) to refuse to rent their premises to Protestants for their religious activities because they were “sects.”  In April the mayor of the village of Erden told representatives of the Jehovah’s Witnesses that she prohibited them from preaching in the village because it was populated only by Orthodox Christians.  She reportedly threatened them with “more serious” measures if they persisted.  The UEC, however, reported satisfactory cooperation with local authorities in large cities such as Sofia and Plovdiv.

In April the Stara Zagora Administrative Court ordered the prison administration to pay 1,000 levs ($590) in damages to a Muslim prisoner in Stara Zagora Prison because of its failure to provide pork-free meals.

The government continued to permit religious headdresses in official photographs for national identity documents as long as both ears and one centimeter (0.4 inches) of hair were visible.

In October Jewish organizations Shalom and B’nai B’rith protested the Ministry of Defense’s initiative to award a medal to Dyanko Markov, a former member of the anti-Semitic organization Union of Bulgarian National Legions that supported the deportation of Jews during World War II.  In May Shalom described an exhibition on the role of King Boris III and the government of Bogdan Filov in the rescue of Jews during the Holocaust as a “provocation” and “distortion of history” because it attempted to “prove” the pro-Nazi government rescued the Bulgarian Jews.  Speaking to a television reporter at the opening of the exhibition, then Deputy Prime Minister Valeri Simeonov blamed the rescued Jews for subsequently executing their rescuers after becoming part of the communist government.  In April Shalom protested a statement by prosecutor Ivan Geshev, who joked during a media briefing that the World Jewish Congress was watching and would step in if prosecutors did not strictly apply the procedures prescribed by law.

According to Jehovah’s Witnesses, the National Front for the Salvation of Bulgaria and the Bulgarian National Movement (IMRO) parties, both members of the United Patriots coalition, did not actively continue their previous campaign against the religious group, whic