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.

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.

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.