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Albania

Section I. Religious Demography

The U.S. government estimates the total population at 3.1 million (midyear 2019 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 census question about religious affiliation.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution stipulates there is no official religion, recognizes the equality of all religious communities, and articulates the state’s 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 the 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 in or be excluded from participating in a religious community or its practices, nor may they be compelled to make their beliefs or faith public or be prohibited from doing so. It prohibits political parties and 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 Religion, 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 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 2016 law that established the ATP imposed a three-year deadline for the agency to address claims by all claimants, including religious groups, for properties confiscated during the communist era. As of February, ATP’s jurisdiction in these cases ceased and the law requires the ATP to forward open cases to the court system for judicial review. Religious communities must take their cases to court for judicial review, as must all other claimants.

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 instruction in the tenets of a specific religion, but not the teaching of the history of religion or comparative religions 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, Orthodox, and VUSH communities operate numerous state-licensed kindergartens, schools, and universities. Most of these do not have mandatory religion classes but offer them as an elective. 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.

The government continued the process of legalizing unofficial mosques, Catholic and Orthodox churches, and tekkes (Bektashi centers of worship) built after the 1990s. The Agency for the Legalization, Urbanization, and Integration of Informal Construction (ALUIZNI) reported that through September it legalized 135 religious buildings, including four Catholic churches, 71 mosques, 12 Orthodox churches, and 48 tekkes. There were some discrepancies between the figures reported by ALUIZNI and those of the religious communities. The AIC reported it obtained legalization papers for 245 legalized mosques out of 850 applications remaining. The Orthodox Church reported that during this year ALUIZNI considered 13 of its requests for objects in Tirana and legalized two of them.

The AIC expressed concern that ALUIZNI only gave it title to the buildings and not to the land. ALUIZNI reported that it compensated the AIC with 231.6 square meters (2,500 square feet) and the Bektashi community with 1,320.7 square meters (14,200 square feet) of new land in exchange for land illegally occupied by unpermitted construction. In addition, ALUIZNI issued titles for religious buildings constructed on government or third-party land. ALUIZNI also issued titles, thereby legalizing ownership, for 1,569.7 square meters (16,900 square feet) of land to the AIC, 1,303 square meters (14,000 square feet) of land to the Bektashi, and 227.7 square meters (2,450 square feet) of land to the Orthodox Church.

The ATP reported that it rejected 150 claims for title to land and compensation through February. The ATP typically rejected claims because material documents were missing from the claimant’s file or due to competing claims for the same property, over which the courts rather than the ATP have jurisdiction. The ATP ceded jurisdiction on the remaining 401 cases to the court system, as required by law. Religious communities brought court actions on 71 of those 401 cases. The AIC, Bektashi, and the Orthodox Church expressed concerns about court proceedings, which required them to begin their claims again in a new forum.

The AIC reported it had applied in early 2018 for a permit to build a campus for Beder University to save funds spent on renting the university’s current facilities, but the government has not issued the permit or explained the delay.

Bektashi leaders reported construction continued on two places of worship in Gjirokaster, one in Permet, and one in Elbasan, and the government legalized four tekkes and other Bektashi facilities in Elbasan. The Bektashi community reported it continued to have problems with local registration offices in Gjirokaster regarding one property, stating the registration process was slow, bureaucratic, and vulnerable to corruption. The Bektashi community expressed concerns that ALUIZNI had legalized nonreligious buildings on Bektashi property. The Ministry of Finance, according to the Bektashi community, did not reimburse it for the value-added tax paid for the 2016 construction of a multipurpose center at the World Bektashi Headquarters in Tirana, even though they said the law required the reimbursement. The Orthodox Church also raised concern about paying approximately 25 million leks ($31,000) in value-added tax as well as paying other taxes and fees, and stated those payments violated the agreement with the government.

The Bektashi community stated the State Advocate unfairly challenged title to properties in Berdanesh and Ksamil. The community received a favorable ruling on title for the property in Berdanesh, while the claim for the Ksamil property remained in the court system at year’s end.

The VUSH reported it had asked the government in March 2017 for land to build a main church similar to the main cathedrals and mosques of other faith communities but had not received an answer.

The VUSH reported it continued to have problems registering the property of one of its churches with the local registration office in Korca. The VUSH also stated the Tirana municipal government unlawfully issued a permit for construction of residential and commercial buildings on VUSH land.

Leaders of the five main religious groups expressed concern with a pilot project curriculum for teaching religion as part of the humanities curriculum for sixth and 10th grade students, which started in 2016 but stalled. They stated they were concerned because they did not participate in the drafting and were never informed about the results of the piloting stage or the postpilot plans for the project.

The State Committee on Religion and the AIC expressed concern that the government continued not to recognize diplomas received from foreign institutions in theology and religious studies. The AIC reported the government in November accredited the religious studies program of the AIC’s Beder University, the only university in the country offering degrees in Islamic studies, for another five years.

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 Catholic, Sunni Muslim, Orthodox, and Bektashi communities reported their total government financial support was 109 million leks ($1.01 million), the same level since at least 2015. The Sunni Muslim community continued to receive approximately 29 percent of the funding, while the remaining three each continued to receive 23.6 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 VUSH continued to state that, although the organization still was unable to obtain a formal written agreement with the government on receiving financial support, in 2018 the State Committee on Religion provided a written commitment to advocate for extending financial support to evangelical Christian churches. Although the committee submitted a request for financial support to the government in 2018, the VUSH reported it had not received any funds.

The five religious communities expressed appreciation for the State Committee on Religion’s engagement with them. The VUSH, however, also expressed concern that the government and some media outlets showed indifference towards it in comparison with other faith communities, stating the government sent officials to attend iftars during election years but did not attend non-Islamic holy day ceremonies.

The Council of Ministers again did not finish adopting regulations to implement a 2017 law providing additional protection for minority rights, including freedom of religion.

A State Committee on Religion census of religious organizations conducted during the year counted 611 groups, including 248 foundations, 323 religiously related nongovernmental organizations (NGOs), and 40 centers. The AIC has one foundation, while the Orthodox Church has three. The Catholic Church has 16 foundations and NGOs, while the VUSH has 160.

In June the Office of the President and the Embassy of the Netherlands held an international conference on interfaith dialogue in Tirana that addressed interreligious harmony as a factor in social stability and policies for managing religious diversity. In his opening remarks, President Ilir Meta said that he was proud that his country was “based on the coexistence and harmony of religious communities.”

On November 18 and 19, the Office of the President held a regional conference on advancing religious freedom, following through on a commitment to hold a follow-on, regional event after the July Ministerial to Advance Religious Freedom.

Andorra

Section I. Religious Demography

The U.S. government estimates the total population at 86,000 (midyear 2019 estimate). The local government does not provide statistics on the size of religious groups, and there is no census data on religious group membership. Government officials report that approximately 92 percent of the population is Roman Catholic. Muslim leaders estimate their community, largely composed of recent immigrants, has approximately 1,500 members. 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.

Section II. Status of Government Respect for Religious Freedom

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.” The Catholic Bishop of Urgell in Catalonia, Spain, is 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. The current Bishop of Urgell is Archbishop Joan Enric Vives i Sicilia, whose diocese includes Andorra.

On February 15, parliament approved the first-ever equality and nondiscrimination law, which provides for the right to equal treatment and nondiscrimination, including for members of any religious group. The law establishes judicial, administrative, and institutional guarantees, which protect and provide compensation for victims of discrimination. The law also provides for fines of up to 24,000 euros ($27,000) in cases of discrimination, including on the basis of religious affiliation, and stipulates the burden of proof in such cases rests with the defendant, who must demonstrate there has not been discrimination. In addition, the law calls for establishment of an Equality Observatory to monitor and assess the state of equality and nondiscrimination in the country but does not specify how this institution would work with the national ombudsman.

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 acquire legal status by registering as a nonprofit cultural organization. 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, as 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.

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.

Government officials at the national or local levels continued not to respond to longstanding requests by Muslim and Jewish community representatives to allow the construction of a separate cemetery for each where they could bury their dead according to their rituals and traditions. Jewish and Muslim groups said they did not raise the cemetery issue again during the year but were waiting for a government response to their earlier requests. According to municipal authorities, 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.

The government continued to fund three public Catholic schools at the primary and secondary level. These were 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 said they could enter the country with permits for other positions such as schoolteachers or business workers and carry out religious work without hindrance.

According to the national ombudsman’s office, it did not receive any complaints of religiously motivated discrimination or intolerance in the public or private sector during 2018, the most recent year for which data were available. The principal religious groups said they had not reported any incidents of discrimination to the ombudsman.

At year’s end, the government had not yet established the Equality Observatory or defined how it would operate or coordinate with the national ombudsman.

Austria

Section I. Religious Demography

The U.S. government estimates the total population at 8.8 million (midyear 2019 estimate). According to religious groups and December 2018 figures from the government Austrian Integration Fund, Roman Catholics constitute 57 percent of the population and Muslims – predominantly Sunni – 8 percent, while approximately 25 percent is unaffiliated with any religion. Other religious groups include Protestant churches (Augsburg and Helvetic confessions); Eastern Orthodox churches (Russian, Greek, Serbian, Romanian, Antiochian, and Bulgarian); Jehovah’s Witnesses; other Christian churches; and Jews and other non-Christian religious groups.

Section II. Status of Government Respect for Religious Freedom

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 (Augsburg and Helvetic confessions); the IGGIO; Old Catholic Church; IKG; Eastern Orthodox Church (Bulgarian, Greek, Romanian, Russian, Serbian, and, since January, Antiochian); 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, to bring religious workers into the country to act as ministers, missionaries, or teachers, and to provide pastoral services in prisons and hospitals. 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 – like all religious groups – 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 have 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; Unification Church; and United Pentecostal Community of Austria.

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. Confessional communities may provide pastoral care in prisons and hospitals.

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.

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, the right to function in public, and many of the same rights as confessional communities, including the right to own real estate and to contract for goods and services. Associations may not offer pastoral care in hospitals or prisons or receive tax-deductible contributions.

Pursuant to the law governing relations between the government and the Roman Catholic Church, the Church is the only religious group to receive government funding for pastoral care it provides in prisons. The law also makes various Catholic holidays official national holidays.

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 (the Office for Religious Affairs in the Federal Chancellery makes this determination), and Islamic institutions should “take a positive stance” toward the state and society. According to the Office for Religious Affairs, there are similar restrictions on foreign funding for other religious groups, and religious groups generally are obliged to finance themselves from domestic sources. 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.

In May parliament enacted a ban on headscarves and other head coverings for children in elementary schools. The ban exempts kippas and Sikh patkas. According to annexes explaining the law, some federal states impose fines of up to 440 euros ($490) on the parents of those that violate the ban.

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. 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, including those based on 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.

In March an amendment expanding a ban on certain symbols the government considered extremist entered into force. Among the newly banned symbols are those pertaining to the Muslim Brotherhood and the PKK.

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 also require immigrant visas but are exempt from the quota system. 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.

Members of the then-ruling People’s Party (OeVP)-FPOe government coalition defended the ban on religious headscarves in elementary schools. OeVP Member of Parliament (MP) Rudolf Taschner stated the measure was needed to protect girls from subjugation. FPOe education spokesperson Wendelin Moelzer said the law “was a signal against political Islam.” NGOs criticized the ban, which exempts kippas and Sikh patkas, as singling out the Islamic community. The IGGIO, calling the law “shameless” and a “direct assault on the religious freedom of Austrian Muslims,” announced in May it would file a complaint with the Constitutional Court. By year’s end, it had not done so. In September during the campaign for parliamentary elections, the OeVP called for expanding the ban to middle school students and teachers. At year’s end, parliament had not taken up the proposal to expand the ban.

Scientologists and representatives of the Unification Church continued to state the Federal Office of Sect Issues and other government-associated entities fostered 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 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 city of Vienna government ceased to provide funding to the society. All 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 biased against them.

Prior to its collapse in May, the OeVP-FPOe government did not draft a law making “political Islam” an illegal activity as FPOe Deputy Leader Johan Gudenus announced in 2018 that it would do.

In September parliament passed a nonbinding resolution calling for review and, if necessary, dissolution of “Islamist” organizations that violated criminal law.

The interior ministry did not release statistics on violations of the face covering ban. In response to a parliamentary inquiry, the ministry stated there were 96 cases in 2018. Authorities only filed charges when persons failed to pay fines immediately, making the total number of cases more than the 96 reported. According to press reports, police issued fines for violations of the ban in 364 cases in the town of Zell am See between January and September 2019, almost all of which involved tourists. Vienna police said they considered violations of the ban a minor offense and had not kept statistics on the number of fines it issued since 2017.

According to the press, at year’s end, school boards had reported eight cases of girls violating the headscarf ban. In all eight cases, authorities waived the penalties after parents agreed to remove the headscarf while their child was in school. The Ministry of Education said the number of cases may have exceeded eight as it had received additional reports of cases reported to the ministry’s ombudsman for values and cultural conflict.

The government continued to allow headwear for religious purposes in official identification documents, provided the face remained sufficiently visible to allow for identification of the wearer.

In December a former intern of the Linz Regional Court filed a lawsuit with the Federal Administrative Court because the Linz court barred her from wearing a headscarf during official proceedings at the court during her internship there in 2018. The president of the Linz Regional Court issued an instruction prohibiting the intern from sitting at the judge’s bench while wearing a headscarf, stating the clothing did not meet the requirements of a representative of the state and the judicial system. The intern refused to remove her headscarf and the court mandated that she remain in the public gallery during proceedings. The Federal Administrative Court dismissed the lawsuit without ruling on whether the Linz court’s instruction was discriminatory, as the plaintiff had already completed her internship when she filed her suit.

In June parliament approved a nonbinding resolution calling for the government to close the Saudi-Arabian-funded King Abdullah bin Abdulaziz International Center for Interreligious and Intercultural Dialogue after frequent criticism of Saudi Arabia’s human rights record. According to the Austrian edition of the online English-language newspaper The Local, the foreign ministry said it would implement parliament’s decision to close the center, but at year’s end the center remained open.

In September the Vienna Administrative Court ruled the Iranian embassy could not operate a mosque in an area in Vienna’s 21st district which, according to zoning laws, is an industrial zone. The Iranian embassy did not appeal the ruling.

In October police arrested a German couple in Lower Austria on murder charges after their 13-year-old daughter died in September of a pancreatic inflammation. The parents, members of the Church of God, had rejected, for religious reasons, any medical treatment that would have kept their daughter alive. There was no further information on the case at year’s end.

According to media, the Federal Office for Foreigner Affairs and Asylum (BFA) continued to refuse to issue or renew residence permits for foreign imams financed by foreign sources. The BFA rejected the permits or the renewals on the grounds that since the law forbids foreign funding of religious groups, it considered that imams receiving foreign funding had no income and were therefore ineligible for a residence permit. According to the Turkish Islamic Union for Cultural and Social Cooperation (ATIB), an association of mosques under the authority of the Turkish Ministry of Religious Affairs, as of late 2018, there were 38 cases of foreign imams whose immigration status was pending with the BFA.

In March the Constitutional Court dismissed a suit by two Turkish imams employed by ATIB, whom the government expelled in April 2018, under the 2015 Islam law that bars Muslim religious groups from receiving foreign funding. The Administrative Court had already dismissed the imams’ complaint against the initial deportation ruling in 2018. The Constitutional Court suit was filed with the assistance of ATIB and alleged the ban infringed on religious freedom and was discriminatory, stating the government only applied it to Islam. The court ruled that protecting the independence of religious groups from foreign states was a matter of public interest. The court also ruled, however, that the ban applied to funding from foreign states, not to foreign private donors. The Constitutional Court referred the case back to the Administrative Court to determine if any other rights of the imams were infringed and a decision remained pending. Then-chancellor Sebastian Kurz said he felt “vindicated” by the court’s decision and called the law a model for other European countries.

In February parliament voted to eliminate Good Friday as a public holiday. The change followed a ruling by the European Court of Justice that granting employees belonging to certain religious groups paid leave for religious holidays constituted religious discrimination and the country should amend the law. According to press reports, parliament’s revocation of the holiday generated protests among Protestant groups in the country. Then-bishop Michael Buenker of the Protestant Churches (Augsburg and Helvetic Confessions) reportedly called the change an “intervention in Protestants’ freedom of religious practice.”

The IGGIO protested against a January change in the title of courses on Islam in school report cards to “IGGIO” instead of “Islam.” In June the education ministry changed the title back to “Islam,” with an addition referring to the IGGIO, Shia, or Alevi orientation.

The international NGO Anti-Defamation League (ADL) continued to conduct teacher-training seminars on Holocaust awareness with schools in the country, 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.

In October the European Court of Human Rights (ECHR) ruled the government failed to protect Holocaust survivor Aba Lewit against defamation. Lewit had appealed to the ECHR after national courts failed to convict the magazine Aula for publishing an article in 2015 stating that prisoners at the Nazi Mauthausen concentration camp had been a plague for the region around the camp after its liberation in 1945. In December 2018, according to the Mauthausen Committee, the NGO SOS Mitmensch filed a complaint of 300 pages against Martin Pfeiffer, FPOe Deputy District Chairman in Graz-St. Leonhard, for his role as editor-in-chief of Aula, which the complaint said “had been systematically used for National Socialist reactivation” for 10 years. The magazine had already ceased publication in June 2018, and FPOe Chair Norbert Hofer stated party members involved in the magazine risked expulsion from the party. Pfeiffer left the FPOe and relaunched the magazine under a new name, Neue Aula, in October, but discontinued publication after one issue because of what he said were financial reasons.

Following the collapse of the OeVP-FPOe government in May, Jewish community members advocated against participation of the FPOe in another coalition government. Vice President of the European Jewish Congress and former IKG Vienna President Ariel Muzicant continued to state – for example, during a television interview in May and in a newspaper opinion piece in September – the FPOe was involved in anti-Semitic incidents. IKG President Oskar Deutsch also criticized what he called the FPOe’s failure to deal with anti-Semitism in the party in a television interview in November.

Prior to the collapse of the OeVP-FPOe government, Jewish community leaders stated there had been 51 anti-Semitic incidents attributable to FPOe members or at FPOe-affiliated events since the FPOe had entered the government and said they would not have any contacts with FPOe ministers until those incidents ceased.

In August the Mauthausen Committee published another report citing what it classified as rightwing incidents involving FPOe politicians, many of which it said were religiously motivated, primarily anti-Semitic. According to the report, these activities had increased significantly; it cited 63 incidents in the 13 months ending in July, compared with 106 between the start of 2013 and May 2018. It said the incidents involved persons at all levels of the FPOe and that anti-Semitism by its members, which the party had denied, manifested itself regularly. It stated, “… The FPO[e] shows a close proximity to Nazi ideology” and the worst offenders were party officials in Upper Austria, who accounted for one-third of the 63 most recent incidents.

The committee reported that in February SOS Mitmensch stated FPOe Secretary General Harald Vilimsky had used taxpayers’ money to pay for five full-page advertisements in Info-Direkt, a magazine that it said published anti-Semitic content and that The Documentation Center of Austrian Resistance, a government-supported foundation that documents Nazi crimes, described as “extreme rightwing with a neo-Nazi background.”

The committee also cited a report in May by the news magazine Profil that FPOe ministers in the previous government and party politicians from Upper Austria, led by then-transport minister and later national FPOe Chair Norbert Hofer, had channeled 116,000 euros ($130,000) of taxpayer money for advertisements that included anti-Semitic content in extremist rightwing media such as Info-Direkt and Zur Zeit. Profil said the total payments could be higher, since the FPOe-led city government of Wels had refused to provide any information on the issue.

The committee reported that in April FPOe then-vice chancellor Heinz-Christian Strache and FPOe MP Peter Gerstner had separately reposted on Facebook an anti-Muslim message (it did not describe the message) by neo-Nazi website “Zaronews.” According to the committee, “Zaronews” has called Hitler a “savior” and described the Holocaust as the “biggest lie in the world.”

In March the IGGIO filed incitement charges against then-FPOe vice chancellor Strache. At a book presentation in March, Strache had warned, “In Viennese kindergartens, children are raised to be martyrs with hate sermons.” The Vienna prosecutor’s office dismissed the charges.

Authorities were investigating links between the Identitarian movement, widely described by NGOs as far-right and white nationalist, and the FPOe. The Mauthausen Committee reported the connections between the two were significant, and the press published articles stating there were links between FPOe members and the movement. In August the OeVP said a ban of the movement was a condition for a future coalition, a condition the FPOe rejected. FPOe head Hofer denied any association with the Identitarians, and in August said that banning it would set a precedent of a “moral dictatorship.” Justice Minister Clemens Jabloner told the press in August, “One should not restrict fundamental rights even where it is about deeply unsympathetic groups as the Identitarians.”

The police continued to provide extra protection to the Vienna Jewish community’s offices and other Jewish community institutions such as schools and museums. Following an assault at a synagogue in Halle, Germany in October, IKG President Deutsch issued a statement in which he said that security forces protected synagogues in Austria, and he thanked the government for that protection. President Alexander Van der Bellen visited the Vienna synagogue in October after the Halle assault and said that a hard core of anti-Semites also existed in Austria. Deutsch, who received Van der Bellen in the synagogue, commented that rightwing, leftwing, and Islamist groups were causing anti-Semitism, not only in the country, but in Europe generally.

At year’s end, the government had not provided financial support for the restoration of the historic Waehring Jewish cemetery in Vienna. Then-chancellor Kurz had announced his government’s intention to provide the support during a visit to the cemetery in 2018.

In October FPOe Chairman Norbert Hofer announced the completion of a report prepared by a commission of historians the party commissioned in 2017 to examine the party’s past connection to National Socialism. In December the party released the final report, which included chapters on allegations of anti-Semitism, the party’s relationship with Israel and Islam, and efforts to overcome its Nazi past, among others. A chapter authored by a history professor from the Hebrew University of Jerusalem concluded that, despite the party’s deep historical association with National Socialism, it had made efforts to distance itself from that past. The summary at the end of the report noted active supporters and sympathizers of national socialism “could be found in great numbers in the other parties,” and, “The history of the FPOe should be remembered as a democratic party and important contributor to the success” of the postwar republic. The report drew criticism from independent historians such as Oliver Rathkolb, who challenged its academic substance and denied that the party’s true aim had been a substantive self-critical analysis.

In May Vienna Mayor Michael Ludwig and other political representatives, as well as the papal nuncio, attended an IGGIO-hosted iftar. Ludwig also hosted a separate iftar. Ludwig condemned racism and discrimination and said such acts against persons because of their religion worried him. He called on citizens and the Muslim community to make mutual efforts to live together peacefully. IGGIO President Umit Vural thanked the mayor for hosting the iftar and said Muslims were experiencing difficult times in the country and thus needed political support when the number of incidents against them was increasing. Speaking about the parliamentary debate then taking place on banning headscarves for primary school students, Vural said politics should not decide people’s apparel.

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

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The Lessons of 1989: Freedom and Our Future