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Afghanistan

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the tenets 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 contains provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion. The penal code includes punishments for verbal and physical assaults on a follower of any religion and punishment for insults or distortions directed towards Islam, including in cyberspace. An article in the 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.” The penal code specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years and specifies imprisonment for persons using a computer system, program, or data to insult Islam.

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 to 60,000 afghanis ($390-$780). In cases where killings or physical injury result from the disturbance of religious rites or ceremonies, the accused individual is tried according to crimes of murder and physical injury as defined by law.

While apostasy is not specifically provided for under the penal code, it falls under the seven offenses making up hudood crimes as defined by sharia. According to the penal code, perpetrators of hudood crimes are punished according to sharia as interpreted by the Sunni school of 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 maturity for citizens is 18, although it is 16 for females with regard to marriage. Islamic law defines age of maturity as the point at which one shows signs of puberty, and puberty is usually applied as the marriageable age, particularly for girls.

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. Those accused of proselytizing are subject to the same punishment as those who convert from Islam.

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 by other Muslims.

Licensing and registration of religious groups by the MOHRA 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 central office as well as a charter consistent with domestic laws. 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 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 well-being 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, all based on Islam. Some radio stations provide religious programming for Sunni Muslims, and a smaller number of radio stations provide religious programming for Shia Muslims. The law also obligates the agency to adjust its programs to reflect 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, but there are no alternatives offered. The registration process for madrassahs requires a school to demonstrate it has suitable buildings, classrooms, accredited teachers, and dormitories if students live on campus. MOHRA registers madrassahs collocated with mosques, while the Ministry of Education registers madrassahs not associated with mosques. In MOHRA-registered madrassahs, students receive instruction, with one imam teaching approximately 50 to 70 children studying at various levels. Only certificates issued by registered madrassahs allow students to pursue higher education at government universities.

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

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 codes addresses a specific case, the constitution declares the courts may apply Hanafi 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 Hanafi 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 mandates an additional seat in parliament’s lower house be reserved for a member of the Hindu or Sikh communities. The person occupying the seat is not obliged to swear allegiance to Islam, only to obey the law and serve all citizens and the state.

MOHRA is 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.

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

Government Practices

Media reported and representatives from the predominantly Shia Hazara community continued to say government security and development initiatives in Shia-predominant areas were insufficient, merely symbolic measures – and that the government failed to implement effective measures to protect the community, including from nonstate actors. Members of the Shia community reported they saw no increase in ANDSF protection during the year; however, they said the government distributed arms directly to the community ahead of large Shia gatherings. The Ministry of Interior again promised to increase security around Shia mosques and authorized the arming of Shia civilians under police authority to provide extra security for the Ashura commemoration. According to media reports, security forces took special precautions to reduce street traffic in the affected neighborhoods of Kabul during the Ashura commemoration period. There were no reports of violence during Ashura processions.

Following a series of deadly attacks by ISIS-K in March that killed 25 persons, approximately 200 members of the Sikh community departed the country for India, indicating they left because of lack of security and insufficient government protection.

There were no reports of government prosecutions for blasphemy or apostasy; 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” by many Muslims, although they were not always considered converts from Islam (apostates); as such, they were not charged with either crime.

MOHRA officials said the ministry had no official statistics on the number of mullahs and mosques in the country because it lacked the financial resources to generate a comprehensive registry, but they estimated there were approximately 160,000 mosques. MOHRA reported that at year’s end, of the approximately 120,000 mullahs in the country, 7,000 mullahs were registered with and paid by MOHRA. They said registered mullahs working directly for MOHRA continued to receive monthly salaries of between 7,710 and 15,420 afghanis ($100-$200) from the government, depending on their location, the size of their congregation, and the knowledge of the mullah. MOHRA reported that just 7,000 mosques in the country were registered with the ministry.

MOHRA reported it continued to allocate approximately 65 percent of its budget (188 million afghanis – $2.44 million) 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 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 not to spread information about their religion or encourage others to practice it. Hindu and Sikh community members said they continued to avoid pursuing commercial and civil disputes in the courts for fear of retaliation and that they avoided pursuing land disputes through the courts for the same reason, 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 continued to make the land unusable. Hindus and Sikhs also reported that individuals who lived near the cremation site continued to interfere with their efforts to cremate the remains of their dead. In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals. The government allocated 80 million afghanis ($1.04 million) for the repair of places of worship, including for Sikh and Hindu sites, of which 40 million afghanis ($520,000) were expended as of October 2020. Community leaders reported that MOHRA provided free water and electricity and was making efforts to provide repair services for a few remaining Sikh and Hindu temples.

According to MOHRA, due to insecurity, the ministry did not have access to most of the country, especially in districts, villages, and rural areas. MOHRA officials said there were hundreds or thousands of unregistered mosques and madrassahs located in Taliban-controlled areas. They said that in rural areas and most villages, mosques were used as madrassahs and that because most mosques were not registered, most madrassahs were not either. In November, the First Vice President, Amrullah Saleh, ordered the Central Statistics Office to register all teachers and students of the 362 madrassahs in Kabul City and of the 130 madrassahs in the other districts of Kabul Province. Once registration was complete in Kabul Province, the office was expected to conduct the same process throughout the country. According to MOHRA, there was no system or mechanism for opening a new madrassah, particularly at the district level and in villages. MOHRA officials said it did not have a database or information on the number of madrassahs or mosques, except for information on the number of mosques located at provincial or district centers with imams on the MOHRA’s payroll. According to media reporting, there were approximately 5,000 madrassahs and “Quran learning centers” throughout the country registered with MOHRA. More than 300,000 students were enrolled in these registered madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to MOHRA’s estimates. The government stated that because of the COVID-19 pandemic, it did not have sufficient resources to consolidate data on the enrollment of students in religious institutions.

MOHRA 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 teach violent extremist curricula intolerant of religious minorities and become recruitment centers for antigovernment groups.

Mosques continued to handle primary-level religious studies. Approximately 80 Ministry of Education-registered public madrassahs offered two-year degree programs at the secondary level. An estimated 1,000 public madrassahs were registered with the ministry, each receiving financial support from the government. There were no estimates of the number of unregistered madrassas available.

Members of the Ulema Council, the highest religious body in the country, 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 Ashraf Ghani 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 equal access to the courts and other legal redress, even when the non-Muslims were legally entitled to those same rights.

Representatives from non-Muslim religious minorities, including Sikhs and Hindus, reported a consistent pattern of discrimination at all levels of the justice system. As Taliban representatives engaged in peace process discussions, some Sikhs and Hindus expressed concern that in a postconflict environment they might be required to wear yellow (forehead) dots, badges, or armbands, as the Taliban had mandated during its 1996-2001 rule. Non-Muslims said they continued to risk being tried according to Hanafi jurisprudence. 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.

MOHRA’s office dedicated to assisting religious minorities, specifically Sikhs and Hindus, focused on helping Sikhs and Hindus secure passports and visas so they could permanently leave the country, most often to India.

Some Shia continued to hold senior positions in the government, including Second Vice President Sarwar Danish and a number of deputy ministers, governors, and one member of the Supreme Court, but no cabinet-level positions, unlike in previous years. Shia leaders continued to state the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics, which they attributed to the government’s marginalization of minority groups and the lack of a supportive social environment. Sunni members of the Ulema Council continued to state, however, that Shia were overrepresented in government based on Sunni estimates of the percentage of Shia in the population. According to some observers, Hazaras, who are mostly Shia Muslims, often faced discrimination based on their ethnicity and religion. Some observers also said the country’s Shia were underrepresented in government not because of their religion, but because of their Hazara ethnicity. According to NGOs, the government frequently assigned Hazara police officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported that Hazara ANDSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country.

A small and decreasing number of Sikhs continued to serve in government positions, including one as a presidentially appointed member of the upper house of parliament, one as an elected member in the lower house, and one as a presidential advisor on Sikh and Hindu affairs.

Three Ismaili Muslims were members of parliament, down one from 2019, and State Minister for Peace Sadat Mansoor Naderi is also an Ismaili Muslim. 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 (a Shia-led initiative with some Sunni members), and MOHRA continued their work on intrafaith reconciliation. On October 25 and November 12, they held meetings in Kabul to address concerns and find areas of mutual cooperation. On October 1, women’s rights activist Jamila Afghani organized the country’s first women’s Ulema conference, held in Kabul. Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.

Albania

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states 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 or 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 it 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 that the State Committee on Religion, under the authority 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 government has agreements with the Sunni Muslim and Bektashi communities, the Catholic and Orthodox Churches, and 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 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.

Religious communities must take claims for restitution of and compensation for property confiscated by the communist government to court, as must all other claimants.

The law allows religious communities to operate 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. The law allows 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 113 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 operated numerous state-licensed kindergartens, schools, and universities. Most of these do not have mandatory religion classes but offer them as an elective. The AMC runs four 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 government continued the process of legalizing unofficial mosques, Catholic and Orthodox churches, and tekkes (Bektashi centers of worship) built after the fall of communism in the early 1990s. The newly established State Agency of the Cadaster – the official register showing quantity, value, and ownership of real estate – reported that during the year, it legalized 92 religious buildings, including 22 Catholic churches and other buildings of the Catholic church, 58 mosques and other buildings of the Muslim community, four Orthodox churches, and seven tekkes. Thirty-two other buildings remained under review. There were some discrepancies between the figures reported by the Cadaster and those of the religious communities. The AMC reported it obtained legalization papers for 27 mosques out of 353 applications remaining. The Orthodox Church reported the Cadaster legalized four of 15 buildings during the year for which the Church had petitioned. The AMC reported it received 1.26 million leks ($12,600) in compensation for unlawful buildings constructed on its property.

Religious communities expressed concern over the Cadaster, stating the bureaucratic process for legalizing property produced delays, including numerous requests for documents and statements from the Cadaster that it could not locate files.

The AMC again expressed concern that the Cadaster gave it title only to buildings and not to the land on which they were built.

In 2019, the Agency for the Treatment of Property, which adjudicated claims for restitution for property confiscated by the communist government, ceded jurisdiction on outstanding cases to the court system, as required by law. At that time, 401 cases related to religious communities were pending. The shift in jurisdiction required petitioners, including religious communities, to pursue their claims in court. The AMC, the Bektashi community, and the Orthodox Church continued to express concerns about court proceedings, which required them to begin their claims again in a new forum.

According to numerous civil society and other sources, corruption, lack of knowledge of competencies and jurisdiction over property cases, and large caseloads in the court system hampered religious communities’ ability to advance claims to their property. Thousands of cases were with the Supreme Court, which was replenishing its quorum with judges who passed a comprehensive vetting process; lacking a quorum, the Supreme Court was unable to decide cases. The Orthodox Church reported it had outstanding claims on 890 properties. The AMC reported that since 2016, it had submitted approximately 500 applications dealing with approximately 23,000 hectares (57,000 acres) of property and was pursuing 15 legal cases. The AMC reported there were four judgments in its favor providing compensation that had not yet been paid. The Catholic Church reported four cases, two of which had not yet had a first hearing.

The AMC reported the Municipality of Tirana rejected a permit to build a main campus building for Beder University, for which it had applied in early 2018 to save funds spent on renting the university’s current facilities. The municipality concluded the construction would block the view of oncoming traffic.

The Bektashi community stated the State Advocate, which represents the government in court, unfairly challenged title to property in Ksamil. The claim for the Ksamil property has been in the court system since 2015.

VUSH reported it 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 the government had not responded by year’s end.

VUSH reported it continued to have problems registering the property of one of its churches with the local registration office in Korca. VUSH also stated the Tirana municipal government unlawfully issued a permit for construction of residential and commercial buildings on VUSH land but did not issue permission to VUSH to build on its own land. VUSH also reported one of its churches in Tirana that was damaged by the 2019 earthquake would be demolished. The local government informed the church it would not be able to occupy space in the new building because the government could not subsidize churches.

Leaders of the five main religious groups continued to express concern over a pilot project curriculum for teaching religion as part of the humanities curriculum for sixth and 10th grade students, which was introduced in 2016 but put on hold. The groups stated they did not participate in the drafting and were never informed about the results of the piloting stage or post-pilot plans for the project. State authorities explained that religious communities would be able to provide input before the project resumes.

The State Committee on Religion and the AMC expressed concern the government continued not to recognize diplomas in theology and religious studies received from foreign institutions.

The Catholic, Sunni Muslim, Orthodox, and Bektashi communities reported their total government financial support was 109 million leks ($1.09 million), a sum that has not changed since 2015. The Sunni Muslim community received approximately 32 million leks ($319,000), while the remaining three communities each continued to receive approximately 26 million leks ($259,000). The communities continued to use the funds to cover part of the salaries for administrative and educational staff. The Bektashi community used part of the funds to pay part of the wages of its staff. It used the rest to build the Grand Tekke of Elbasan and for raising awareness of the Bektashi community overseas.

VUSH reported it had not obtained a formal written agreement with the government on receiving financial support, although in 2018, the State Committee on Religion had provided a written commitment to advocate for extending financial support to VUSH.

Religious communities faced financial problems during the year due to COVID-19 containment measures, which they urged members of their communities to follow. They reported the government did not respond to individual or collective requests through the Interreligious Council regarding additional financial support during the lockdown, which lasted from March 11 to June 11.

The Council of Ministers did not finish adopting regulations to implement a 2017 law providing additional protection for minority rights, including freedom of religion. The Orthodox Church raised its concerns over the missing regulations, particularly in the south of the country, home to many members of the Orthodox faith.

A State Committee on Religion census of religious organizations conducted in 2017 and updated continuously thereafter counted 195 organizations, 174 of which were evangelical organizations. The AMC has one organization, the Orthodox Church has four, and the Catholic Church has 16. The government postponed the 2020 population census to 2021 due to the COVID-19 pandemic. Religious communities said the government consulted them in the initial phase of drafting census legislation but not during the final stages of refining the law. They expressed concern that this would reduce their groups’ reported numerical strength within the country, with a corresponding reduction in representation and government support.

As the Chairperson-in-Office of the Organization for Security and Cooperation in Europe (OSCE) in 2020, Prime Minister Edi Rama hosted a conference on combating anti-Semitism on February 4-5 in Tirana. On October 28, parliament held an online forum on combating anti-Semitism. Prior to the forum, parliament unanimously adopted the International Holocaust Remembrance Alliance’s definition of anti-Semitism.

Algeria

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution declares Islam to be the state religion and prohibits state institutions from engaging in behavior incompatible with Islamic values. The 2016 constitution provides for freedom of worship in accordance with the law and states freedom of conscience and freedom of opinion are inviolable. The new constitution, passed in a November 1 national referendum and effective December 30, removed language from the previous constitution guaranteeing freedom of conscience. The previous constitution says, “Freedom of conscience and freedom of opinion shall be inviolable. Freedom of worship shall be guaranteed in compliance with the law.” The new constitution’s language reads, “The freedom of opinion is inviolable. The freedom to exercise worship is guaranteed if it is exercised in accordance with the law. The state ensures the protection of places of worship from any political or ideological influence.”

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 ($7,600) 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 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 punishment of three to five years in prison and/or a fine of 50,000 to 100,000 dinars ($380-$760) 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 if 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 and correct understanding of the religion. 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. Under the Associations Law passed in 2012, the government required all organizations previously registered to reregister. The Ministry of Interior grants association status to religious groups; only registered associations are officially recognized. The ministry registration requirements for national-level associations stipulate the founding members must furnish documents proving their identities, addresses, and other biographic details; provide police and judicial records to prove their good standing in society; demonstrate 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 of Interior to provide a receipt for the application once it has received all required documentation. The ministry has 60 days to respond to applicants following the submission of a completed application. If the ministry does not respond within the 60-day timeframe, the application is automatically approved, and the receipt may be used as proof of registration. If the ministry considers the application incomplete, it does not issue a receipt for the application. 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) has the right to review registration applications of religious associations, but the Ministry of Interior makes the final decision. The law, however, does not specify additional requirements for religious associations or further specify the MRA’s role in the process.

The National Committee for Non-Muslim Worship, a government entity, facilitates the registration process for all non-Muslim groups. The MRA presides over the committee, 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 Council (CNDH).

The constitution requires a presidential candidate to be Muslim. Under the law, non-Muslims may hold other public offices and work within the government.

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. Membership in the Islamic Salvation Front, a political party banned since 1992, remains illegal.

The law specifies the manner and conditions under which religious services, Islamic or otherwise, must take place. The law states that 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. Except for 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, be 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-Islamic religious events must be submitted to the relevant 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 individuals identified as the event’s organizers also must obtain a permit from the wali. The wali may request the organizers move the location of an event or deny permission for it to take place if he deems it would endanger public order or harm “national constants,” “good mores,” or “symbols of the revolution.” If unauthorized meetings go forward without approval, police may disperse the participants. Individuals who fail to disperse at the behest of police are subject to 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 ($760) and a prison sentence of one to three years. Fines as high as 200,000 dinars ($1,500) 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, as determined by a judge.” The law states that 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 and items, except those intended for personal use. Authorities generally consider “importation” to be approximately 20 or more religious texts or items.

The law gives authorities broad power to ban books that run counter to the constitution, “the Muslim religion and other religions, national sovereignty and unity, the national identity and cultural values of society, national security and defense concerns, public order concerns, and the dignity of the human being and individual and collective rights.” A 2017 decree established a commission within the MRA to review importation of the Quran. The decree requires all applications to include a full copy of the text and other detailed information about the applicant and text. The ministry has 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.

The family code prohibits Muslim women from marrying non-Muslim men unless the man converts to Islam, although authorities do not always enforce this provision. The code does not prohibit Muslim men from marrying non-Muslim women. Under the law, children born to a Muslim father are considered Muslim regardless of the mother’s religion. In the event of a divorce, a court determines the custody of any children.

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 closure.

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.

In April, the government passed a hate speech law outlawing all forms of expression that propagate, encourage, or justify discrimination. Expression related to religious belief or affiliation, however, was not among the categories covered by the law.

The CNDH monitors and evaluates human rights issues, including matters related to religious freedom. The law authorizes the CNDH 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 CNDH may address religious concerns to appropriate government offices on behalf of individuals or groups it believes are not being treated fairly. 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 committee’s members.

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

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

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

Government Practices

The government continued to enforce a ban on proselytizing by non-Muslim groups. According to media reports, authorities continued to arrest, jail, and fine Christians on charges of proselytizing by non-Muslims, which prompted churches to restrict some activities unrelated to proselytizing, such as the distribution of religious literature and holding events in local community centers that Muslims might attend.

Mohamed Fali, the former head of the country’s Ahmadi Muslim community, remained in Morocco, having fled there to seek asylum in December 2019. He told the online Moroccan news outlet Yabiladi that he fled to escape religious persecution from the MRA and Ministry of Justice and said he had seven pending charges related to his faith. In September 2017, authorities arrested and charged Fali with unauthorized fundraising, insulting the Prophet Muhammad, and forming an unauthorized association. Courts convicted Fali and sentenced him to a six-month suspended prison term. Authorities seized his passport upon his conviction, but the government returned it in 2019, and he fled the country.

In October, authorities sentenced an Ahmadi leader to two years imprisonment for charges related to a 2018 meeting between Ahmadi leaders and police officers in Constantine. Authorities agreed to the officers’ meeting with the Ahmadi leaders at that time, but then arrested all seven of the Ahmadi participants on charges of “unauthorized gathering” after the meeting ended. In response, the Ahmadis said that they are nonviolent Muslims who want to cooperate with the government and that the meeting was intended to open a dialogue between Ahmadis and the government. In December, authorities convicted the other six Ahmadi Muslims of the same offenses.

On November 24, a court in Tizi Ouzou summoned a group of 31 Ahmadi Muslims for what their lawyers described as “the dissemination of leaflets with the aim of undermining the national interest, the occupation of a building for the practice of worship in a secret manner without authorization, collecting funds and donations without authorization, and preaching inside a building without authorization and without approval.” The lawyers said that authorities had arrested their clients for their Ahmadi beliefs. In the December 22 trial, the court sentenced four of the defendants to two-month suspended prison terms and fines of 20,000 dinars ($150) while releasing the remaining 27 Ahmadis.

In August, Ahmadi leaders reported authorities summoned a member of their community in Adrar and questioned him about his religious beliefs. Police searched his home and confiscated his computer, telephone, personal notes, and his Quran, which the authorities held as evidence for a future trial on unspecified charges.

On September 30, police searched the home of well-known opposition hirak activist Yacine Mebarki and arrested him after finding an old copy of the Quran with one of its pages ripped. The police charged Mebarki in connection with the damaged Quran, accusing him of inciting atheism, offending or denigrating the dogma and precepts of Islam, and undermining national unity. On October 8, a court sentenced Mebarki to 10 years’ imprisonment and a fine of 10 million dinars ($75,600). His lawyers said Mebarki stated he was a Muslim advocating for secularism and democracy.

In April, authorities arrested Hirak activist Walid Kechida in Setif Province and charged him with insulting the President and “offending the precepts of Islam” on Facebook. The government referred his case to the criminal court for trial. At year’s end, he remained in detention awaiting trial.

On December 15, a court in Amizour convicted Abdelghani Mameri, a Copt who promoted Christianity, for insulting the Prophet Muhammad and denigrating Islam. The court sentenced him to six months in prison and a fine of 100,000 dinars ($760). On December 3, the same court tried Mabrouk Bouakkaz, also known as Yuva, who was a Christian convert. The prosecution asked for a sentence of six months in prison and a fine of 200,000 dinars ($1,500) on the same charges as Mameri. According to social media, on December 17, the court sentenced Bouakkaz to three years imprisonment.

Ahmadi leaders stated there were 220 cases against community members pending with the Supreme Court at the end of the year. Charges included insulting the Prophet Muhammad, operating and belonging to an unregistered religious association, collecting funds without authorization, burning the Quran, and holding prayers in unauthorized locations. Community representatives said that in some cases, police confiscated passports, educational diplomas, and approximately 40 laptops and 400 books. Among these cases, employers placed Ahmadi Muslims who were under investigation on administrative leave, and the government dismissed 20 public sector teachers and doctors. Ahmadi representatives stated they believed these individuals would appear before the Supreme Court in the next three to six years and that in the meantime, they would be prohibited from working. The government confined Ahmadi Muslims with pending cases to their wilayas and required they physically report to the local court once a week.

During the year, the Ministry of Justice completed an investigation into the circumstances surrounding the death of prominent Berber Ibadi Muslim human rights activist Kamel Eddine Fekhar in 2019 but did not release the findings publicly. Fekhar died following a nearly 60-day hunger strike while in pretrial detention. Authorities arrested him on charges of “incitement of racial hatred” for a Facebook post in which he accused local officials in Ghardaia of discriminatory practices against Ibadi Muslims.

NGOs and Ahmadi Muslim religious leaders said the Ministry of Interior never provided the Ahmadi community with a receipt acknowledging the completed registration application submitted by the community to the government in 2012, to reregister the group under the 2012 Associations Law. Ahmadis also reported they had not received a government response to their outstanding 2018 request to meet with Minister of Religious Affairs Youcef Belmehdi or another senior ministry official to discuss their registration concerns.

The Ahmadi community continued to report administrative difficulties and harassment since the community is not a registered association and therefore unable to meet legally and collect donations. Members of the community said, after their initial attempt in 2012, the community again tried to reregister with the MRA and Ministry of Interior as a Muslim group in 2016 and in 2020, but the government refused to accept those applications because it regards Ahmadis as non-Muslims. The government said in 2019 it would approve the community’s registration as non-Muslims, but the Ahmadis said they would not accept registration as non-Muslims.

The EPA and the Seventh-day Adventist Church had yet to receive responses from the Ministry of Interior regarding their 2012 applications to renew their registrations. Both groups submitted paperwork to renew the registrations that had been issued prior to the passage of the 2012 Associations Law. According to a pastor associated with the EPA, the Church resubmitted its 2014 application in 2015 and 2016 but was never reregistered despite several follow-ups with the government. Neither church received receipts for their registration attempts.

Some religious groups stated they functioned as registered 60 days after having submitted their application, even though they had not received a Ministry of Interior 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. They also had limited standing to pursue legal complaints and could not engage in charitable activities, which required bank accounts.

Numerous Christian leaders stated they had no contact with the National Committee for Non-Muslim Worship, despite its legal mandate to work with them on registration. A Christian NGO and Christian publication said there was no indication that the committee had ever met. They again stated that the government disproportionately targeted Protestant groups for unfavorable treatment; the leaders attributed this to the emphasis of some Protestant groups on proselytizing and conversion, as well as to the EPA’s primarily Algerian composition.

The MRA said it does not view Ibadis as a minority group and considers the Ibadi religious school a part of the country’s Muslim community. Muslim scholars affirmed Ibadis could pray in Sunni mosques, and Sunnis could pray in Ibadi mosques.

In January, Morning Star News reported that a pastor of an Oran church affiliated with the EPA received an order to close the church on January 11. Authorities originally ordered the church closed in 2017 because it was not registered with the government as an association. Following appeals, a court issued a judgment to close the church on November 10 but had not delivered the order to the church by year’s end, according to the pastor.

According to media reports and EPA statements, since 2017 the government closed at least 18 EPA churches, all of which remained closed. In August, the administrative court rejected the EPA’s request to reopen the EPA-affiliated Spring of Life church in Makouda, which the government closed in 2019 for hosting unauthorized gatherings. The government said the churches it closed were operating without government authorization, illegally printing evangelical publications, and failed to meet building safety codes.

In December, an international group that described itself as being comprised “of organizations and individuals who are scholars, religious leaders, and human rights advocates” signed a letter to President Abdelmadjid Tebboune regarding “violations of freedom of religion and belief of Christians in Algeria, including closure of numerous churches and a failure to renew the registration of the [EPA].” According to the letter, the government closed 13 churches and ordered seven more to close since 2018 because they lacked the required permit to hold non-Islamic worship services. The letter also stated that the National Committee for Non-Muslim Religious Worship, which is responsible for issuing permits, had not issued a single permit to EPA-affiliated churches.

In March, the government closed all places of worship as part of its COVID-19 response. In August, the MRA reopened larger mosques capable of supporting social distancing measures, although Friday prayer services remained limited to smaller, neighborhood mosques. Catholic and Anglican churches also reopened in August, but the government denied the EPA’s request to reopen its churches, including those which were closed prior to the COVID-19 outbreak. In July, the EPA submitted a complaint to the governor of Tizi Ouzou for closing its churches and requested permission to reopen, but local authorities ruled in the governor’s favor and denied the request. Seventh-day Adventists said they intended to reopen when mosques reopened fully.

Pastor Salah Chalah reported that the Protestant Church of the Full Gospel in Tizi Ouzou, which Human Rights Watch described as the largest Protestant church in the country, remained closed. Police closed the church in October 2019.

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 country’s primarily Berber Kabylie region, reportedly held worship services more discreetly.

According to the MRA, the government continued to allow government employees to wear religious attire, 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 that they said could complicate the performance of their official duties.

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 or to encourage civic participation through activities such as voting in elections. The MRA said it did not punish imams who did not discuss the suggested sermon topics.

Because of the COVID-19 pandemic and limited resources, it was unclear if the government continued the MRA’s stated practice of monitoring sermons delivered in mosques. According to MRA officials in the past, 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.

Catholic, Anglican, Protestant, and Seventh-day Adventists leaders reported they did not attempt to import religious literature during the year. Anglican leaders said most parishioners preferred to download the Bible and prayer applications on their cell phones rather than carry a physical Bible. Anglican leaders also reported it remained illegal to print copies of religious texts.

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. In 2019, the government approved the first versions of the Quran in the Berber language, Tamazight, in the Arabic script.

The government continued to enforce its prohibition on dissemination of any literature portraying violence as a legitimate precept of Islam.

On November 1, voters approved a new constitution. According to the BBC, the major Islamic parties, including the Movement for the Society of Peace, the Movement for Justice and Development, and the Nahda Movement, said the proposed new constitution was “against the Islamic values of the Algerian society,” “a threat to the future of the nation,” and backed a “no” vote. The Association of Algerian Ulema expressed its reservations about some of the articles in the draft constitution before the vote, stating, “There is…ambiguity regarding issues such as freedom of worship, national unity, and language.” Christians stated that one change regarding religious freedom in the new constitution, the deletion of a reference guaranteeing the freedom of conscience, was concerning. As one Christian publication stated, unlike the previous constitution, “There is no more ‘freedom of conscience,’ possibly a way to stop churches and their members from discussing Christianity online or having web-based religious services.” Another stated that “the new constitution’s protection of places of worship means little, given the government’s track record regarding freedom of religion.” A representative of International Christian Concern told the U.S.-based website Crux, “This removal [of the freedom of conscience] is what worries many Christians as something which could cause future legal difficulties.”

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

The MRA required that couples present a government-issued marriage certificate before permitting imams to conduct religious marriage ceremonies.

According to religious community leaders, some local administrations did not always verify religions before conducting marriage ceremonies. As such, some couples were able to marry despite the family code prohibition against Muslim women marrying non-Muslim men.

EPA leaders reported public and private institutions fired some of its members due to their Christian faith and that in the public sector, the government frequently withheld promotions from non-Muslims.

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

Church groups continued to say the government did not respond in a timely fashion to their requests for visas for foreign religious workers and visiting scholars and speakers, resulting in de facto visa refusals. Catholic leaders continued to say their greatest issue with the government was the long and unpredictable wait times for religious workers’ visas. Catholic and Protestant groups continued to identify the delays as significantly hindering religious practice, although Anglican leadership reported they usually received visas in a timely manner. One religious leader again 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. Catholic leaders in Algiers said the government denied a Tamanrasset-based priest’s residency renewal following his November 2019 meeting with foreign officials.

The government and public and private companies funded the preservation of some Catholic 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 and Arabic, although many Amazigh Christians said they would prefer services to be broadcast in Tamazight. The country’s efforts to stem religious extremism included dedicated state-run religious television and radio channels and messages of moderation integrated into mainstream media. After Friday prayers, state broadcasters aired religious programs countering extremism. Some examples included Au Coeur de Islam (At the Heart of Islam) on Radio Channel 3 and Dans le Sens de l’Islam (Understanding the Meaning of Islam) on national television.

Religious and civil society leaders reported that the Jewish community faced unofficial, religion-based obstacles to government employment and administrative difficulties when working with government bureaucracy. The MRA said it had not received requests to reopen the synagogues that closed during the period of the country’s struggle for independence.

Government officials continued to invite prominent Christian and Jewish citizens to events celebrating national occasions, such as Revolutionary Day celebrations at the People’s Palace on November 1.

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

In July, the Ministry of Education required teachers in the Province of Tizi Ouzou to report their religious affiliations. EPA leaders expressed concerns that Christian teachers could face religious persecution and employment discrimination, as teachers are public-sector employees.

Authorities arrested Houssame Hatri in Maghnia on July 23 and said they would try him for his role in a 2014 violent anti-Semitic attack on a young couple in Paris. In the 90-minute attack, Hatri and his companions subjected the couple to physical and verbal abuse, destroyed many Jewish religious objects in the couple’s apartment, and made jokes referring to the Holocaust. After arrest and trial in France in 2018, Hatri escaped and fled to Algeria. According to press reports, under the terms of an extradition agreement with France, authorities will try Hatri in Algeria and he will not face extradition. A French security source told AFP, “It’s a good signal.”

The government, along with local private contributors, continued to fund mosque construction. On October 28, the government opened the Grand Mosque of Algiers, the third largest in the world and the largest in Africa. The Prime Minister and other officials attended the opening ceremony. According to press reports, the project cost one billion dollars and faced criticism for diverting funding from social needs and being a vanity project of former President Bouteflika. The seven-year construction work was completed in April, three years behind schedule.

Andorra

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.

A nondiscrimination law 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 ($29,400) 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.

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 ombudsman is a member of the commissions established by the newly created Observatory on Equality.

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.

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.

According to the government, although the construction of cemeteries fell within the responsibility of the municipal authorities, the Ministry of Territorial Planning in October began to look for public land on which to build a multi-confessional cemetery; by year’s end, the ministry had not indicated it had identified land for the cemetery. Government officials at the national and local levels continued not to respond to longstanding requests by Muslim and Jewish community representatives to allow the construction of separate cemeteries where they could bury their dead according to their rituals and traditions. Muslim community representatives stated they were disappointed due to the lack of government response to their 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.

During the year, the national ombudsman’s office did not report receiving any complaints of religiously motivated discrimination or intolerance in the public or private sector. The principal religious groups said they had not reported any incidents of discrimination to the ombudsman.

In February, as provided for in the 2019 nondiscrimination law, the Department of Equality Policies in the Ministry of Social Affairs, Housing and Youth established the Observatory on Equality to collect and analyze data and advise the government on issues of equality and discrimination in the country, including those involving religious issues. The observatory created commissions including representatives of the government, civil society, the national ombudsman, and state-owned companies to identify indicators that will be used when gathering data to issue reports in the future. The observatory did not issue any reports during the year.

Angola

Section II. Status of Government Respect for Religious Freedom

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 it 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 law requires religious groups to register to receive government recognition and allows the government to close down unregistered groups. Legal recognition gives religious groups the ability to purchase property and use their property to hold religious events, exempts them from paying certain property and import taxes, and authorizes a group to be treated as an incorporated entity in the court system. The law requires 60,000 member signatures from legal residents to apply for registration and requires that at least 1,000 signatures originate from members residing in each of the country’s 18 provinces. Each signature and resident declaration must be notarized separately. The law requires religious groups to submit documents defining their organizational structure, location, methods and schedule of worship, financial resources, and planned construction projects. The law also establishes qualification requirements for clergy and requires religious doctrine to conform to the principles and rights outlined in the constitution.

The Ministry of Culture through its National Institute for Religious Affairs (INAR) is the adjudication authority for the registration process and has an oversight role of religious activities. INAR, which is led by a religion minister, assists religious groups through the registration process and analyzes religious doctrine to ensure that it is consistent with the constitution.

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

In March, police arrested several religious leaders and worshippers for violating the government’s emergency order banning large gatherings to prevent the spread of COVID-19. According to press reports, police detained more than two dozen individuals for organizing or participating in religious gatherings: 22 Seventh-day Adventist pastors in Bie, Huambo, Benguela, and Lunda Norte; four members of the Evangelical Congregational Church in Kwanza Sul; and one pastor from the Holy Spirit Evangelical Mission in Namibe. Several religious leaders criticized the actions of the pastors and said churches should comply with government restrictions. The head of the Angola Christian Church Council, Deolinda Teca, said that people should continue praying, but do so in strict observance of the safety measures issued by the government, and disapproved of the posture of some religious leaders, who in the first days of the state of emergency continued to hold widely attended in-person services despite the COVID-19 restrictions.

In October, the government issued a decree stating that only religious groups formally recognized by the government could resume services on a limited basis under COVID-19 measures. It also defined Saturday and Sunday as the only two days when religious services could be held. Leaders in the Islamic community protested and said the restriction on days did not account for them. The decree, updated every 30 days, was changed in November to allow for Friday prayers without specifically citing the source of the objections. In practice, the ban on unregistered religious groups holding services was not enforced, according to religious group members.

After the passage of legislation in 2019 that reduced the number of member signatures required for religious groups to register to 60,000 but introduced a requirement of 1,000 signatures from each of the country’s 18 provinces and gave the unregistered groups six months to comply, the unregistered religious groups stated that the period was too short and the notary and residential declaration requirements, which they estimated to cost approximately $7.50 per signature, were too costly and burdensome for their congregations. In addition to the signature requirement, the large number of undocumented residents and an unreliable residential registry system also presented obstacles to registration, according the religious group leaders. While the law states the government may shut down religious groups that do not meet the requirements, government officials informed religious leaders they would delay enforcement until the presidency published additional implementing regulations. As of year’s end, religious groups that had begun the registration process but not yet been approved by the government, including Muslims and Baha’is, were allowed to hold religious services as long as they were in compliance with COVID-19 restrictions.

The INAR director and Ministry of Culture officials continued to state concern regarding 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.

The government continued not to recognize any Muslim groups or issue any licenses to Muslim groups to practice their religion legally. Requests for official recognition submitted in 2019 by two Muslim organizations, CISA (Islamic Community of Angola) and COIA (also translated as the Islamic Community of Angola), remained pending. In the past, government officials stated that some practices allowed by Islam, such as polygamy, contradicted the constitution. According to COIA, there were 69 unregistered mosques in the country.

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

During the year, the Catholic radio station Ecclesia expanded its broadcast area to 16 provinces following a 2018 presidential announcement that the government would allow the radio station to extend its signal beyond Luanda Province. Methodist, evangelical, and Tocoist (also known as Church of Our Lord Jesus Christ in the World) radio stations also operated in the country.

Antigua and Barbuda

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of thought and religion, as well as the right to change and practice one’s religion or belief. 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 homeschooling.

The law decriminalizing marijuana for any use also recognizes the government’s responsibility to uphold the religious rights of persons of the Hindu and Rastafarian faiths. It allows these persons to apply for a special religious license to cultivate the plant within their private dwelling, use the plant for religious purposes within their private dwelling or within their approved place of worship, and transport the plant between their private dwelling and approved place of worship. The special religious license, however, does not permit any commercial or financial transaction involving any part of the cannabis plant.

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

While its restrictions to address the COVID-19 pandemic were in effect, the government on occasion granted curfew exemptions to religious leaders to engage in religious activities.

Some members of the Rastafarian community said they objected to the government’s requirement of vaccinations for all children attending public schools.

Area Administered by Turkish Cypriots

Section II. Status of “Government” Respect for Religious Freedom

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 requires “state” approval and may only be conducted under “state” supervision, but the “law” allows summer religious knowledge courses to be taught in mosques without “MOE” approval. The “law” does not recognize exclusively 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.

According to the “constitution,” 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. The “constitution” does not explicitly recognize religious groups other than the Vakf. According to the “constitution,” 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. The agreement states 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 without advance notification or permission: Agia Triada Church in Agia Triada/Sipahi, Agia Triada Church in Rizokarpaso/Dipkarpaz, and Agios Synesios Church in Rizokarpaso/Dipkarpaz. According to the “MFA,” Maronite Catholic 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.

Greek Orthodox, Maronite Catholic, and Armenian Orthodox worshippers must submit applications to authorities for permission to hold religious services at churches or monasteries other than the six designated churches, including at restored religious heritage sites. For authorities to consider an application, the date should be of significance to that religious group; the church or monastery must be structurally sound and not be located in a military zone, with exceptions for some Maronite churches; it must not have a dual use, for example, as a museum; there should be no complaints from local Turkish Cypriot residents; and police must be available to provide security. Permission is also necessary for priests other than those who were officially predesignated to conduct services. Specific permission is required for individuals who do not reside in the Turkish Cypriot-administered area, including 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 Mufti heads the “Religious Affairs Department” in the “Prime Minister’s Office,” which represents Islam in the area administered by Turkish Cypriots and functions as a civil authority. Whereas the Vakf manages Muslim-donated property as an endowment for charitable purposes, the “Religious Affairs Department” oversees how imams conduct prayers and deliver Friday sermons in mosques.

Religious groups are not required to register with authorities as associations 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 and nonreligious groups have the same registration process, and they 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. Students may opt out of mandatory religion courses in grades six through eight. 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 to 15-month initial service period and one-day annual reserve duty. The penalty for refusing to complete mandatory military service is up to three years’ imprisonment, a fine of up to 10,800 Turkish lira ($1,500), or both. “Government” Practices

“Government” Practices

The TSPA reported police continued to monitor its activities, asking specific questions about TSPA members and ceremonies.

Three Greek Orthodox churches, Apostolos Andreas, St. Barnabas, and St. Mamas Churches, were again open for individual prayers throughout the year, but Turkish Cypriot authorities continued to require advance notification for religious services. While St. Mamas and St. Barnabas Churches functioned as museums and were only open during working hours, individuals could still go to the churches to pray during those hours. The “MFA” reported that due to the COVID-19 pandemic, no additional Greek Orthodox churches were reopened for services for the first time since 1974.

According to statistics reported by the “MFA,” authorities continued to grant access to Greek Orthodox places of worship. UNFICYP reported the “MFA” approved 15 of 18 requests it received to facilitate religious services at churches in the northern part of the island during the year, compared with 83 approvals of 129 requests in 2019. The “MFA” reported it approved 26 of 31 total requests (including both UNFICYP-facilitated requests and requests submitted directly to the “MFA”) to hold religious services compared with 156 of 203 total requests in 2019. The “MFA” reported that since March 12, no requests were made for religious services due to COVID-19 restrictions.

A Greek Orthodox representative stated 63 religious sites remained inaccessible due to their being located within Turkish military zones or the buffer zone.

A Maronite community representative said the Turkish military continued to restrict access to the Church of Archangelos Michael in the village of Asomatos/Ozhan. Maronite representatives continued to report being required to submit a list of persons planning to attend Sunday services by the preceding Tuesday. The “MFA” said this was because the Church of Archangelos Michael is located within a military zone. The “MFA” said it required only advance notification, not a request for access, to hold Sunday services and that no one was refused admittance during the year. According to the “MFA,” the Turkish military again allowed Maronites to celebrate Mass in Ayia Marina in January and February and denied Maronites access to the Church of Marki near Kormakitis/Korucam.

As a result of a UN Development Program- and TCCH-facilitated tender, restoration and maintenance work began at the Armenian Sourp Magar Monastery during the year. Completion was expected in 2021.

According to local press reports, the Turkish government provided significant aid to Sunni Islam activities in the in the area administered by Turkish Cypriots.

Secular Turkish Cypriot groups and teachers’ unions continued to criticize a protocol with Turkey announced by the “MOE” in 2019 to open the Anatolia Religious High School within the premises of Hala Sultan Religious High School, a public school. They said the protocol imposed Islam on secular Turkish Cypriots. The Secondary Education Teachers’ Union reported that the Hala Sultan Religious High School administration and the “MOE” enrolled 200 students in the school without the usually required entrance exams.

The Alevi Culture Association reported their children were subject to mandatory Sunni Islam religious instruction at school and could not opt out.

The “Religious Affairs Department” continued to appoint and fund all 225 imams at the 210 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. The TCCH reported the completion of work to support the exterior structures of St. James Church and St. George Church, both located in the buffer zone, during the year.

Greek Orthodox religious groups continued to state 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.

According to Greek Orthodox representatives, police monitored their church services. They reported plainclothes police officers were present during services checking priests’ identification and monitoring the congregation.

Argentina

Section II. Status of Government Respect for Religious Freedom

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. To access many of these benefits, religious groups must also register as a civil association through the IGJ.

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 events, 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 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 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 appropriate documents.

The law prohibits discrimination on the grounds of religion, race, nationality, ideology, politics, sex, economic or social condition, or physical characteristics, and requires those found guilty of discriminatory acts to pay damages or serve jail time. Discrimination may also be an aggravating factor in other crimes, leading to increased penalties. 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

There was little progress in bringing the accused perpetrators of the 1994 AMIA bombing to justice. On December 23, a federal court acquitted defendant Carlos Telleldin of direct involvement in the AMIA bombing. According to the indictment, Telleldin provided the vehicle that attackers filled with explosives. AMIA and DAIA said they would appeal the verdict. An AMIA spokesperson stated that the country’s Jewish community has fought for justice for the victims and closure for the families for decades and said, “The court’s decision shamefully consolidates the path of impunity.” During a December interview with Radio 10, President Fernandez said he was now convinced that AMIA investigator Alberto Nisman committed suicide in 2015. A 2017 crime scene analysis by the country’s Gendarmerie concluded his death was a homicide, although an earlier study by the Federal Police suggested Nisman had shot himself.

According to media, in July, Fernandez told Jewish community leaders he wanted to see individuals brought to justice for the AMIA bombing. On July 16, Fernandez joined the director of AJC’s Belfer Institute for Latino and Latin American Affairs for a virtual conversation to mark the 26th anniversary of the AMIA bombing. Fernandez reaffirmed his commitment to bring those responsible to justice, and added, “We are all Argentines, and we respect each other’s religion, place of worship, and origin.” He also stated remembrance of the Holocaust must be absolute, adding, “We must foster collective memory so that we never forget what happened and so that it never happens again.”

Representatives of several religious groups continued to state that a government requirement for religious groups to register first with the Ministry of Worship and then with the Ministry of Interior as a civil association was redundant, noting the Catholic Church faced no such requirement. The groups said these legal processes were prerequisites for seeking tax-exempt status, visas for foreign clergy, and permission to hold public activities. Religious group representatives said they deserved a unique process, separate from that for civil associations.

On August 3, pursuant to the registration process, the IGJ announced a requirement that all civil associations and foundations have equal numbers of male and female members on their administrative and oversight bodies. Several religious groups and CALIR released statements saying this requirement was unconstitutional and violated religious freedom. The president of the Christian Alliance of Evangelical Churches of the Argentine Republic (ACIERA), Ruben Proietti, told local media that if the requirement were applied to registered religious groups, it would be “an undue intrusion into the organization of churches.”

Some religious groups criticized the government’s May 20 decree establishing health restrictions in response to the COVID-19 pandemic as unfairly treating religious workers as nonessential compared with doctors, nurses, home health workers, and members of the security services. The decree’s ban on gatherings effectively prohibited in-person religious gatherings, including weddings and funerals, for several months. In August, Raul Sciabbala, the president of CALIR, noted the decree’s effects on religious freedom and criticized it for not expressly including religious workers as “essential.”

Several religious leaders expressed support for the pandemic-related measures. Omar Abboud, a local legislator and copresident of the Institute for Interreligious Dialogue in Buenos Aires, said protecting lives was paramount and “no principle of religious freedom was damaged” in the city of Buenos Aires. Chief Rabbi Gabriel Davidovich issued a statement in May criticizing weddings held by two couples from the community in violation of the quarantine, adding that his rabbinate had not “endorsed nor consented” to either celebration.

At year’s end, the status of reopenings specifically for religious institutions varied by province and locality. On September 23, the government authorized in-person gatherings for worship in the city of Buenos Aires, with a maximum of 20 attendees and under strict protocols. The Province of Cordoba, however, suspended religious events in October in certain areas following an increase in COVID-19 cases, a measure the Archdiocese of Cordoba publicly opposed. In a statement, Archbishop Carlos Nanez noted the churches under his supervision carefully followed all health and safety protocols, adding that he hoped the churches would be allowed to attend to the “spiritual health” of their congregations.

On December 30, the National Congress passed legislation legalizing abortions up to and including the 14th week of pregnancy and in later stages if the pregnancy was the result of rape or if it threatened the life of the person gestating. Religious figures of various faiths opposed the government’s efforts to pass the legislation. On March 8, Catholic Church leaders held a “Mass for life” in Lujan, Buenos Aires Province. In his homily at the event, Bishop of San Isidro Oscar Ojea said “It is not legal to eliminate any human life.” On November 28, prolife groups marched in 267 cities as discussion of the law formally began in the lower house of congress. Approximately 150 prolife groups supported the march, which also received public backing from ACIERA and the CEA. In November, ACIERA bioethics director Jael Ojuel published an op-ed stating that legalizing abortion was not simply a “matter of public health” and that prolife groups sought to protect both mothers and their unborn children.

Numerous religious and prolife groups, including ACIERA, expressed continued concern over the case of a doctor arrested in 2017 for refusing to perform an abortion. In March, an appeals court in Rio Negro Province upheld a suspended sentence of one year and two months for misconduct against Leandro Rodriguez. The sentence prohibited him from practicing medicine for two years and four months. In 2017, Rodriguez treated a woman suffering from severe pain and an infection after taking misoprostol, an abortion-inducing drug, in her fifth month of pregnancy. Rodriguez treated the infection and halted the abortion. Three months later, the woman delivered the baby and offered it up for adoption. Rodriguez’s legal team said he had halted the abortion on medical grounds and the patient had agreed to continue the pregnancy and give up the baby for adoption. Some religious groups, including local evangelical Christian churches, said the case set a precedent against abortion-related conscientious objection.

Catholic Church representatives continued to discuss measures to reduce their use of federal funding following a 2018 agreement between the government and the Argentine Episcopal Conference (CEA), representing the Catholic Church, that delineated a formal, mutually agreed plan to reduce the state’s direct financial support to the Church. Under the agreement, government funding primarily allocated for the salaries of bishops and stipends for seminarians decreased from 130 million pesos ($1.46 million) in 2018 to 126 million pesos ($1.41 million) in 2019. On June 30, the CEA announced a program to generate increased private contributions toward Church activities.

According to media, in May, some Jewish community leaders opposed the government’s proposal to issue a new 5,000 peso banknote in honor of two historically prominent physicians, stating that one of them, Ramon Carrillo, was a Nazi sympathizer during World War II. Other Jewish groups, including DAIA, said they would wait until the government made a decision before commenting on the issue. Carrillo’s family rejected allegations regarding Carrillo’s pro-Nazi views and said there was a “smear campaign” against him.

On June 4, the MFA formally adopted the definition of anti-Semitism established by the IHRA, and on September 16, the National Congress did so as well. DAIA President Jorge Knoblovits told media it was “crucial to the battle against anti-Semitism.”

Secretary of Worship Guillermo Oliveri, Human Rights Secretary Horacio Pietragalla, Buenos Aires Director General for Religious Affairs Federico Hernan Pugilese, and other government representatives participated in 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. They often did so virtually or through recorded videos, given COVID-19 restrictions on public gatherings.

On May 13, leading bioethicists representing the Catholic, evangelical Christian, Jewish, Muslim, and Church of Jesus Christ communities published a joint framework to assist doctors in performing triage and in assigning scarce health resources in the event that hospitals or practices were overwhelmed with patients as a result of the COVID-19 pandemic. On July 16, the city of Buenos Aires’ legislature formally recognized the framework.

Armenia

Section II. Status of Government Respect for Religious Freedom

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 the 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.

The law prohibits, but does not define, “soul hunting,” a term describing both proselytism and forced conversion. The law prohibits religious organizations with spiritual centers located outside the country from receiving funding from those foreign centers, but there is no mechanism to enforce the law. The law also prohibits religious organizations from funding or being funded by political parties.

The law does not categorize or regulate the residence status of foreign religious volunteers.

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, including Assyrians, Kurds, Russians, and Yezidis, among others. 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 ($390) 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 state and local governments.

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. A joint Ministry of Defense-AAC agreement allows only AAC clergy to serve as military chaplains.

The law allows the AAC free access 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 a course in the history of the Armenian Church (HAC) in a public or private school is optional, once a school chooses to do so, the course becomes 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 the teachers. While the Church may nominate candidates to teach the course, HAC 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 the religious views of employees. Changes to the labor code, adopted by the National Assembly on June 2, authorize up to four days of unpaid leave for observing national and religious holidays or remembrance days, regardless of religious affiliation.

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 calling for violence through public statements, mass media, or using one’s public position and prescribes punishments ranging from fines of 200,000 to 500,000 drams ($390 to $970) to prison terms of between three and six years.

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

Government Practices

During the year, Edward Manasyan, a prominent member of the Baha’i community, continued to face 2017 charges of facilitating illegal migration to the country by advising Iranians wishing to settle in the country. He was held in pretrial detention for eight months before the trial court judge released him on bail in 2018. On July 17, the Court of Appeals rejected two of the 2019 appeals filed by the Baha’i community against the NSS in connection with concerns over surveillance of Baha’i community members preceding Manasyan’s arrest. The Baha’i appeal stated the NSS illegally used wiretaps to surveil the community’s office as well as the community secretary and used the information gathered as the basis to charge Manasyan. The community’s appeal of these decisions with the Court of Cassation remained pending by year’s end. At year’s end, Manasyan’s trial was also ongoing.

According to sources, throughout the year, Narek Malyan, the founder of the initiative Veto, and his supporters continued to harass the Yezidi Center for Human Rights and its founder, Sashik Sultanyan, as part of their broader online campaign of harassment of Open Society Foundations-Armenia, a donor organization of the Yezidi Center for Human Rights. On September 8, Malyan stated he applied to the NSS to launch a criminal case against Sultanyan, accusing him of inciting national religious enmity, based on an interview Sultanyan gave to an Iraqi-based media outlet in which he discussed the issues faced by the Yezidi community in the country. The NSS launched a criminal case based on what civil society organizations called a fake and baseless accusation. While authorities did not charge Sultanyan as a defendant in the case, according to civil society, at year’s end, the NSS continued to investigate him and the Yezidi Center for Human Rights, hindering the organization’s activities and harassing those affiliated with the NGO.

Most public and private schools continued to teach HAC courses throughout the country in grades five through 11.

Yezidi community representatives again reported dissatisfaction with the mandatory HAC course, terming it “religious indoctrination.” While schools with an all-Yezidi student body were able to remove the course from their curriculum, Yezidi children who attended schools with a mixed student body were obliged to take the course, regardless of parental objections. There were anecdotal reports again stating that at least one public school in Yerevan and two public schools in Yezidi villages did not teach the course.

Several non-AAC religious groups again said they did not object to the inclusion of the HAC course in public schools, although some objected to the prayers and making the signs of the cross that reportedly occurred during the classes, and they said they would like to see a more accurate portrayal of religious groups other than the AAC. One Christian group stated that while religious education was important, it should include “all religions that are traditional to Armenia.”

NGOs, other religious organizations, atheists, and nonpracticing members of the AAC continued to publicly voice 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.

In June, the government’s announced plans to remove HAC courses from the mandatory school curriculum, generating public debate. While many individuals, including parents, teachers, and AAC clergy, said the course helped to develop a value system based on Armenian identity, others said schools should remain secular and moral values could be developed outside the HAC course. At year’s end, sources stated that a major rethinking of the entire school curriculum by the government remained in process.

The NGO Eurasia Partnership Foundation again stated its concerns about the existing HAC course and how its content affected the rights of religious minority groups. The foundation also welcomed the efforts of the Ministry of Education to develop new criteria for public school curriculums, stating that many of the foundation’s suggestions to address existing concerns were taken into consideration in the drafting process.

Although official figures for the 2020-2021 school year were not available, during the 2019-2020 school year, 74 schools included an optional course, entitled “History of the AAC/Christian Education,” in their curriculum for grades two through four.

The chaplaincy program, a joint Ministry of Defense-AAC initiative, continued to allow only AAC clergy to serve in the program.

According to official information from the Ministry of Justice, to satisfy the spiritual needs of detainees and convicts, AAC clergymen regularly visited penitentiaries, organized baptisms, offered liturgies, and celebrated holidays. The state of emergency announced on March 16 due to COVID-19 prohibited the “organization of religious rites and participating therein,” ending clergy visits to penitentiaries until the quarantine was lifted in September and penitentiaries started providing limited religious services that adhered to strict protection measures.

On February 11, a trial court ruled in favor of an appeal filed in 2019 by the Center for Religion and Law on behalf of a teacher in Yelpin Village in Vayots Dzor Region against her school administration. According to the Center for Religion and Law, the teacher became a subject of discrimination based on her religion when her instruction hours were reduced after parents of students accused the teacher of belonging to a “sect” because she was a member of an evangelical Christian church. The center requested rescission of the 2017 decision reducing her classes, restoration of the number of classes she taught, payment of back wages, and acknowledgement of the fact she was subjected to discrimination on religious grounds. According to the court ruling, the teacher was reinstated to her former position and paid back wages, but the court denied that discrimination had taken place.

On February 18, the Constitutional Court ruled that the article of the Law on Police Service that contained a blanket restriction on membership in a religious organization was unconstitutional. In the ruling, the Constitutional Court also stated that membership in religious organizations – as a form of freedom of expression and a way to exercise the right of freedom of association – is a right that may not be denied regardless of service in any militarized body, including police.

On June 4, a trial court ruled in favor of an appeal filed in 2018 by the Center for Religion and Law on behalf of police officer Edgar Karapetyan, who was dismissed from his position on the grounds he was attending an evangelical Christian church and, according to police, was a member of a religious organization, although it was not customary for religious groups to maintain membership records. Karapetyan was reinstated in his position and paid back wages.

Although there was no mechanism for enforcing the legal provision prohibiting funding of religious organizations by spiritual centers located outside the country, several religious organizations said they adhered to the ban and restricted their operations because they did not want to violate the law.

Beginning in August, some foreign citizen volunteers at local churches were denied requests to renew their residence permits as authorities applied a new interpretation of related laws and procedures. Government officials said churches could start paying their volunteers and apply for work papers or the volunteers could leave the country and return, allowing them to remain in the country for an additional 180 days. The provision affected some churches that decided to limit their volunteers’ service to 180 days.

Jehovah’s Witnesses said that the group halted construction of churches due to COVID-19 and therefore did not face difficulties building places of worship, unlike previous years. They largely suspended construction during the COVID-19 pandemic, although some minor renovations were completed. At year’s end, one case dating from 2016 was pending 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. The Armenian Missionary Association of America continued its construction projects without interference and was planning additional construction the following spring.

At year’s end, 127 Jehovah’s Witnesses were working in the alternative civilian service program, compared with 129 in 2019. The alternative service appointments included positions in various hospitals, local utility companies, park maintenance services, boarding schools, eldercare facilities, and orphanages. During the fall conflict, the government allowed men in the alternative civilian service program to continue in that program. Additionally, in nearly all cases, Jehovah’s Witnesses who had served in the military prior to their conversion and were called up for service during the conflict were released from service after stating that they were Jehovah’s Witnesses or providing relevant documentation. According to government sources, Jehovah’s Witnesses were the only individuals participating in these programs, and none chose to serve in the alternative military service (military service that does not involve combat duty or the carrying, keeping, maintaining, or using of arms). Jehovah’s Witnesses reported the Armenia-supported de facto Nagorno-Karabakh 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. They also reported all Jehovah’s Witnesses living in Nagorno-Karabakh evacuated to Armenia, and none were forced to serve in the military.

According to AAC spokesperson Vahram Melikyan, following its formation, the working group on government-AAC relations held ongoing meetings to discuss issues of mutual concern, including the spiritual health of the country’s citizens.

The government’s National Security Strategy, adopted in July, recognized the importance of the Armenian Catholic Church, Armenian Evangelical Church, Armenian Apostolic Church, and Christianity in the formation of national values. The strategy recognized respect and tolerance toward other peoples, nations, and religions as a national value. It emphasized the important role played by the three churches within the context of Armenia-diaspora relations and the government’s commitment to fully protecting the rights and freedoms of every person residing in the country. The strategy also stressed the importance of fully integrating ethnic minorities and vulnerable groups into every area of public life and the system of state governance. The strategy also stated the country’s commitment to protecting the right to life of ethnic, religious, and racial groups and their members as well as the prevention of genocide.

During 44 days of intensive fighting in and around Nagorno-Karabakh involving Armenia, Armenia-supported separatists, and Azerbaijan, significant casualties and atrocities were reported by all sides. After Azerbaijan, with Turkish support, reestablished control over four surrounding territories controlled by separatists since 1994, a Russian-brokered ceasefire arrangement announced by Azerbaijan and Armenia on November 9 resulted in the peaceful transfer of control over three additional territories to Azerbaijan, as well as the introduction of Russian peacekeepers to the region.

The Azerbaijani government reported 63 of the 67 mosques in the territories previously controlled by Armenia-supported separatists were completely destroyed. It was unknown how many were damaged during earlier hostilities in the Nagorno-Karabakh conflict as a result of neglect, or due to intentional damage. There were also reports of desecration of Muslim religious sites. Videos circulated on social media showed pigs in a mosque in Zangilan with defaced interior religious calligraphy; livestock in the Juma Mosque in Aghdam; and pigs in a mosque in Mamar, in the region of Qubadli. Armenian observers said the videos were staged or stated livestock entered the mosques of their own accord. International journalists visiting the territories following the intensive fighting confirmed the destruction of Muslim graves and graveyards while under Armenia-supported separatist control.

After Azerbaijan reestablished control over parts of Nagorno-Karabakh, the Azerbaijani government accused the Armenia-supported de facto authorities who previously controlled the territory of seeking to sever some religious sites’ connections with their Azerbaijani heritage. For example, de facto Nagorno-Karabakh authorities in Shusha renovated the Yukhari Govhar Aga Mosque with Iranian funding and labeled it a “Persian mosque.”

Australia

Section II. Status of Government Respect for Religious Freedom

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 constitution’s protection of the “free exercise of any religion” 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 may have recourse under federal or state and territory discrimination laws 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. In Queensland, Victoria, and the Australian Capital Territory, freedom of religion is protected in statutory human rights charters. The antidiscrimination laws of all states and territories, with the exceptions of NSW and South Australia, contain a prohibition against discrimination on the grounds of religious belief. NSW prohibits discrimination on the basis of “ethnoreligious origin,” and South Australia protects individuals from discrimination in employment and education on the grounds of religious dress. Complainants may seek redress through state and territory human rights bodies.

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 Australian Taxation Office (ATO). Registration with the ATO has no effect on how religious groups are treated, apart from standard ATO compliance procedures. 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.

State and territory governments share responsibility for education policy with the federal government, and they generally permit religious education in public schools that covers world faiths and belief structures. Instruction in the beliefs and practices of a specific religion may also be permitted, depending on the state or territory. In some jurisdictions instruction must occur outside regular class time, while in others, alternative arrangements are made for the children of parents who object to religious instruction. The federal government provides funding to state and territory governments to support the employment of chaplains in public schools. Chaplains may represent any faith and are banned from proselytizing. Thirty-four percent of students attend private schools; approximately 94 percent of these schools are affiliated with a religious group.

In February, new laws in Victoria came into effect requiring religious leaders and workers to report suspected child abuse, including where discovered through confession. The law carries a sentence of up to three years in prison if a mandatory reporter (which includes persons in religious ministries) fails to report abuse to authorities. In September, the Queensland parliament passed laws requiring adults to report knowledge of child sexual abuse, including where information is gained during “a religious confession.”

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

Government Practices

In May, Prime Minister Scott Morrison announced delays to proposed religious freedom legislation as a consequence of his government’s focus on the COVID-19 pandemic. The government made no further announcements during the year related to the proposed laws’ revision or their introduction in the parliament. The government stated the purpose of the draft legislation was the prohibition of discrimination in key areas of public life on the ground of religious belief or activity and the creation of a new office of Freedom of Religion Commissioner in the Australian Human Rights Commission.

A revised draft of the religious freedom legislation, released in December, 2019, made several changes to the original draft legislation as a consequence of public consultation. This included provisions allowing religiously-affiliated hospitals, aged care facilities, and accommodation providers to take religion into account in staffing decisions; allowing religious camps and conference centers to take faith into account when deciding whether to provide accommodation; and narrowing conscientious objection protections for health professionals by expressly stating an objection must be to a service generally, rather than to the personal attributes or characteristics of an individual seeking a service. The draft laws continued to propose banning large businesses with a turnover of more than 50 million Australian dollars ($38.6 million) from setting codes of conduct that would have the effect of restricting or preventing an employee from making a statement of belief “other than in the course of the employee’s employment,” meaning outside the employee’s working hours, unless the business can prove it would cause “unjustifiable financial hardship to the business.” The draft laws continued to propose protections for “statements of belief” (i.e., statements of an individual’s religious beliefs) from the application of certain provisions of federal, state, and territory antidiscrimination laws that might otherwise make the statement of belief unlawful.

The government received approximately 7,000 submissions from interested members of the public related to the revised draft. The Australian Human Rights Commission praised the legislation’s objective of prohibiting discrimination on the grounds of religion, but it warned that other provisions “provide protection to religious belief or activity at the expense of other rights,” which in turn raised concerns about protections for religious organizations “participating in the general economy” that would allow them to deny services or exclude others in ways that the commission considered discriminatory. The commission recommended the government remove provisions exempting statements of belief from federal, state, and territory antidiscrimination laws. LGBTI Legal Service Inc. said these provisions “will allow discriminatory and hurtful comments to be made against a large portion of our community, including LGBTI people.”

Several religious groups, including the Australian Christian Lobby, welcomed “some improvements” in the revised draft, but they said there were “fundamental deficiencies” needing amendment, including broader protections for religious charities. The Anglican Church Diocese of Sydney welcomed changes permitting religious bodies to provide preference to persons who share their faith in an employment setting, but it lobbied for broader protections for religious charities and statements of belief.

Equality Australia, an organization that promotes “the wellbeing and circumstances of LGBTIQ+ people in Australia,” said the bill “continues to privilege the interests of some people and institutions over the rights of others,” and expressed concern that private sector employers “will find it harder to enforce universal standards of appropriate conduct across their workplaces.” The Australian Chamber of Commerce and Industry said the proposed protections for statements of belief potentially create “a serious issue for employers” in balancing employees’ public comments with their obligations to prevent discrimination in the workplace.

In response to a pledge made in late 2018 by the Prime Minister to remove religious schools’ ability to expel LGBTI students, Attorney General Christian Porter tasked the Australian Law Reform Commission to conduct an inquiry into religious exemptions in antidiscrimination legislation. In March, the Attorney General amended the original December, 2020 reporting deadline, setting it at 12 months after the draft religious freedom legislation passes the federal parliament.

In November, the Victoria state government introduced a bill that would ban practices that encourage individuals to change or suppress their sexual orientation or gender identity. If enacted, violation of this law could result in fines of up to 10,000 Australian dollars ($7,700) and 10 years in prison. Some religious leaders, including Catholic and Baptist clergy, criticized the bill, saying its language was too broad and could cause restrictions not only on practices considered harmful but also on the free speech and free choice of those following their religious beliefs. As of year’s end, the bill had not been passed by the state parliament.

As restrictions on movement that were imposed to contain the spread of COVID-19 began to ease in the latter part of the year, several religious leaders, including senior Catholic, Anglican, and Greek Orthodox clergy, criticized remaining state government restrictions, saying they unfairly affected religious communities. On October 21, the NSW state government eased restrictions on religious gatherings, increasing maximum attendance from 100 to 300 persons. St. Mary’s Cathedral in Sydney was granted an exemption from the NSW government’s 100-person cap on religious services to hold a larger ordination mass on September 19. In October, the Premier of Victoria State, citing public health recommendations, defended his government’s decision to ease restrictions in areas of Victoria outside the city of Melbourne on hospitality venues but not on religious gatherings. The leaders of several prominent religious groups criticized the decision.

State and territory governments administered grant programs supporting multicultural and multifaith communities throughout the country. In response to COVID-19, the Victoria state government provided grants to religious communities to upgrade their IT infrastructure to enable digital services in their facilities. In August, the Victoria government announced new grants to fund projects and IT capabilities for online cultural and religious festivals.

In February, several Hindu groups criticized comments made by Treasurer of Australia Joshua Frydenberg regarding the opposition Labor Party’s proposed “wellbeing budget” as demeaning to the Hindu religion, with the Hindu Council of Australia calling the comments “brazen, racist, and Hindu-phobic.” Frydenberg subsequently apologized for any offense taken by his depiction of an opposition spokesperson delivering his wellbeing budget after descending barefoot from an Ashram in the Himalayas.

When a new law requiring religious leaders to report suspicions of child abuse discovered through confession came into effect in February, a spokeswoman for the Catholic Archdiocese of Melbourne said the Church “fully supported” mandatory reporting. She declined to comment on the Archbishop of Melbourne’s previous position, in which he indicated he would refuse to comply with such a law. Queensland enacted similar laws in September. The Catholic Archbishop of Brisbane criticized the laws as making priests “less a servant of God than an agent of the state.” The laws in Victoria and Queensland followed similar legislation passed in South Australia (2017), Tasmania (2018), Western Australia (2019), and the Australian Capital Territory (2019).

In April, Roman Catholic Cardinal George Pell won an appeal in the country’s highest court that nullified his conviction for child sexual abuse. The High Court of Australia’s decision was unanimous in its ruling that the jury ought to have had reasonable doubt about Pell’s guilt based on testimony from other witnesses. Pell had been found guilty by a Victoria court in 2018, sentenced to six years’ imprisonment, and required to register as a sex offender. After his release, victims’ advocacy groups and others criticized the verdict. The same night Pell was released, the cathedral in Melbourne was vandalized with graffiti that included calls for the cardinal to “rot in hell.” A tricycle was tied to the fence of the monastery where Pell spent his first night following his release from prison.

In late 2019, the Victoria state parliament opened an inquiry into existing antivilification laws, examining the potential for the expansion or extension of protections. The stated purpose of the inquiry was to examine the effectiveness of the Racial and Religious Tolerance Act 2001, seek evidence of increasing vilification and hate conduct in Victoria, and examine online vilification. The inquiry was due to report back on September 1, but the deadline was extended to March 1, 2021 due to the COVID-19 pandemic. Speaking to the media about the inquiry, Premier Daniel Andrews said, “Anti-Semitism is on the rise – that is a fact.” Sources said the review would also consider a prohibition on publicly displaying anti-Semitic iconography, such as swastikas.

In August, the NSW state parliament began an inquiry into the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020, proposing to make discrimination on the ground of a person’s religious beliefs or activities unlawful. Equality Australia criticized the bill for privileging “the interest of some people and institutions over the rights of others, including LGBTIQ+ people, women, people with disabilities, and even people with different or no beliefs,” by allowing organizations “to discriminate in employment, education, and service provision against others with different or no beliefs, even when religion has no relevance to the role…” The Anglican Church Diocese of Sydney welcomed the attempt to protect citizens from discrimination on the basis of religious belief. The inquiry received 144 public submissions.

Muslim immigrants detained in Brisbane filed a complaint in September with the Australian Human Rights Commission, saying they had not been given certified halal food for more than 12 months. The detainees stated that their caterer confirmed to them that the food was not certified halal.

Due to what they stated was an increasing number of students in NSW public schools who do not identify with a religion, some education groups continued to advocate for the removal of Special Religious Education classes from high schools. According to the NSW Teachers Federation, “School time is for teaching and learning, and special religious instruction should not be interrupting the crucial learning of students during the school day.” Government-approved Special Religious Education providers included representatives of Christian denominations, Islam, Judaism, Buddhism, and other religious groups. The NSW government requires schools to provide “meaningful alternatives” for students whose parents withdraw them from Special Religious Education, which could include courses in ethics. At year’s end, Special Religious Education remained in place in NSW public schools.

The Australian Multicultural Council continued to provide guidance to the government on multicultural affairs policy and programs. The government’s national multicultural policy, Multicultural Australia – United, Strong, Successful, continued to be based on a government-wide approach to maintaining social cohesion, and included religious freedom as a component.

The government continued to begin each session of parliament with a recitation of a short prayer, followed by the Lord’s Prayer, as has been the practice since 1901. Participation in the prayers remained optional.

Austria

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 IGGO; Old Catholic Church; IKG; Eastern Orthodox Church (Bulgarian, Greek, Romanian, Russian, Serbian, and 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: donors do not pay taxes on donations 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 a surveillance charge, otherwise payable when the state provides security to religious groups, and a municipal administrative fee for garbage collection and other municipal services. 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, which the law does not define.

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 17,700 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 10 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, United Pentecostal Community of Austria, and Sikhs.

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 and tax free for the groups receiving 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 IGGO 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 (compliance with which is determined by the Office for Religious Affairs in the Federal Chancellery), 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 and not violate federal law. 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 IGGO 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, since they were enacted at different times over a span of approximately 140 years. As with the Muslim community, a law provides explicit protections for Jewish religious practices, including circumcision and ritual slaughter.

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 ($180) fine but does not entitle police to remove the face covering.

Until a Constitutional Court ruling in December struck it down, the law banned headscarves and other head coverings for children in elementary schools. The ban exempted kippahs and Sikh patkas. Prior to the Constitutional Court ruling, in some federal states, parents of children in violation of the ban were subject to fines of up to 440 euros ($540).

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 the respective religion classes is mandatory for all students who are members of those religious groups unless they formally withdraw at the beginning of the school year; students younger than age 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 is also treated in other courses such as civics.

The Equal Rights Agency, an independent agency falling under the jurisdiction of the Federal Chancellery Minister for Women and Integration, 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 August, a 2019 amendment of the Citizenship Act that extends citizenship to descendants of Austrian victims of Nazi crimes entered into force. Direct descendants, such as children, grandchildren, or great grandchildren of victims, may obtain citizenship by reporting to Austrian consulates. Dual citizenship is also possible.

The law bans certain symbols the government considers extremist, including those pertaining to the Muslim Brotherhood, ISIS, al-Qa’ida, and the Croatian Ustasha.

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 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. Foreign religious workers belonging to religious societies also require immigrant visas but are exempt from the quota system. Religious workers from Schengen or EU-member countries are exempt from all visa requirements.

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

Government Practices

In December, the government granted Sikhs status as a confessional community, after they had applied for the status in 2019.

On December 11, the Constitutional Court ruled that the ban on headscarves introduced in 2019 for children in elementary school was unconstitutional because it singled out Muslim students. Judge Christoph Grabenwarter told the Catholic News Agency that the ban carried the risk of “hindering Muslim girls’ access to education and more precisely of shutting them off from society.” The ruling was based on complaints that two Muslim families, supported by the IGGO, filed in January. The complaints stated the ban interfered with religious freedom and the right to raise children in a religious manner and called for lifting the ban. After the ruling in December, the government abandoned a proposal, first made in January, to expand the ban to middle school students up to age 14, and possibly to teachers.

Scientologists 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 Scientologists and members of the Unification Church. A scientologist representative stated that the office provided biased information against the Church of Scientology when counseling its clients by not including sufficient input on how Scientologists view themselves. The office was nominally independent but government-funded, and the Minister of Labor, 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. 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.

On November 2, Kujtim Fejzullai, a man described as an ISIS supporter, shot and killed four persons and injured 22. Police killed the gunman. Chancellor Kurz called the incident “clearly an Islamist terror attack,” and said, “We will create a ‘criminal offense’ called political Islam … to take action against those who are not terrorists themselves, but who create the breeding ground for them.”

On December 16, the government presented draft legislation to parliament that would introduce a new statutory offense banning “religiously motivated extremism.” The legislation would also oblige the IGGO to present registries of all its mosques and imams to the government and speeds up processes enabling the government to close down radical mosques. It would also raise fines for Muslim organizations failing to provide information on their accounts and more strictly monitor how Muslim organizations are financed. Interior Minister Karl Nehammer called the legislation a “strong signal against extremism.” On December 18, the government sent the draft legislation for a six-week review to stakeholders and legal experts.

In the aftermath of the November attack, the government and the IGGO agreed to close the Tewhid Mosque, registered with the IGGO, which Fejzullai attended. According to a government spokesperson, the Tewhid Mosque lacked “a positive attitude toward Austrian society and the state” as required by the law governing relations between the government and Muslim groups. The government also closed an unregistered facility, the Melit Ibrahim Association, used as a mosque and also attended by Fejzullai and other persons previously convicted on terrorism charges.

In a separate police action in November, authorities raided homes, businesses, and associations that they said were affiliated with the Muslim Brotherhood, as well as Hamas, arresting 30 individuals. The Office of the Public Prosecutor stated the raids were preceded by “extensive and intensive investigations lasting more than a year” and had “no connection with the terrorist attack in Vienna on November 2.” Individuals detained in the raids, who were reportedly questioned and released, told media the raids were “mere guesswork by the police” and that there was no evidence of terrorist financing.

In July, Integration Minister Susanne Raab established a new office in the Federal Chancellery with the stated aim of combating political Islam and documenting religiously motivated Islamic extremism, including scientific research on the structures of various Muslim organizations. Raab stated the new office was not directed against Islam itself, but only against the “extremist ideology of political Islam.” IGGO President Uemit Vural criticized the government for not including the IGGO in the planning of the office and called for expanding the office’s mandate to include all forms of religiously motivated extremism and racism. Vural also said establishment of the office demonstrated the government’s “hostile attitude” toward Muslims in the country.

At year’s end, the government had not closed the Vienna-based, Saudi Arabia-funded King Abdullah bin Abdulaziz International Center for Interreligious and Intercultural Dialogue. In 2019, the foreign ministry announced it would close the center, consistent with a nonbinding parliamentary resolution calling on it to do so because of Saudi Arabia’s human rights record.

In October, revenue authorities reported investigating 211 Turkish/Islamic associations in the country since 2019 and finding a large number of instances of tax evasion. Revenue authorities stated they would strip 40 percent of these associations of their charity status, since they abused that status to conduct business activities. The Turkish Islamic Union for Cultural and Social Cooperation (ATIB) and the Islamic Federation, an organization affiliated with the Turkish Islamic group Milli Gorus, criticized the announcement.

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 and 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. ATIB reported in April that, because of the ban on foreign financing, it had no imams in half of its 65 mosques. There were no reports that other religious groups faced similar problems in obtaining residence permits for their foreign clerics, although the government stated the restrictions on foreign funding applied to all religious groups.

In September, Federal Chancellery Minister for the EU and Constitution Karoline Edtstadler announced the government was developing a national strategy to combat anti-Semitism and would establish a new office in the Federal Chancellery to coordinate measures by all ministries to implement the new strategy. At year’s end, the government had not yet announced the strategy or established the office.

In a resolution adopted unanimously in February, parliament called upon the government to condemn and end any support for the BDS movement against Israel. The resolution stated that parliament condemned any form of anti-Semitism, including Israel-related anti-Semitism. IKG President Oskar Deutsch said he welcomed parliament’s initiative to counter anti-Semitism “veiled as criticism of Israel.”

Jewish leaders condemned the FPOe’s appointment of Johannes Huebner to the Bundesrat, the upper house of parliament, due to an anti-Semitic comment he made at a 2016 political rally in Germany. Moshe Kantor, President of the European Jewish Congress, said, “It is unconscionable that a renowned anti-Semite would be given such a respectable position,” while IKG President Oskar Deutsch commented, “The political return of Mr. Huebner is a confirmation of the lack of credibility of the Freedom Party.”

In December, parliament passed a law on hate speech, effective January 1, 2021, requiring online platforms to identify and delete posts considered to be hateful or defamatory. The platforms may be sued in court for failing to remove posts that plaintiffs allege are hateful or defamatory. The legislation received widespread support from civil society groups, including Amnesty International and the Association for Civil Courage and Anti-Racism. National media reported the legislation was partly motivated by an increase in online hate speech and government advocacy for better protection of victims, including by Justice Minister Alma Zadic (Green Party), who was born in Bosnia and Herzegovina and had been a target of online hate speech during the year.

Following the assault against a Jewish leader in the Styrian capital Graz in August, police provided additional protection to the Graz Jewish community. Police also continued to provide extra protection to the Vienna Jewish community’s offices and other Jewish community institutions, such as schools and museums throughout the country, to combat historically higher numbers of incidents directed at Jewish institutions. In addition, Integration Minister Raab announced special measures to combat anti-Semitism among immigrants and refugees, in cooperation with the IKG. These included special courses on anti-Semitism for refugees in the context of mandatory integration classes and expanding a program for Jewish youth to visit schools to talk about Judaism.

The governing coalition agreement between the People’s Party (OeVP) and Green Party, presented in January, stated the government was committed to fighting anti-Semitism and that the country would not support any initiatives or resolutions in international organizations that ran counter to its commitment to the state of Israel.

Following the IKG’s presentation of its annual report on anti-Semitic incidents in 2019, Chancellor Kurz stated in May that the country must be “even more united and determined in fighting any form of anti-Semitic tendencies.”

The international NGO Anti-Defamation League continued to conduct teacher-training seminars on Holocaust awareness with schools in the country, reaching approximately 100 teachers. School councils and the Ministry of Education, Science, and Research again invited Holocaust survivors to talk to school classes about National Socialism and the Holocaust.

In October, the government announced it would provide 200,000 euros ($245,000) for the maintenance and restoration of the historic Waehring Jewish cemetery in Vienna over the next three years. Chancellor Kurz had promised aid for the cemetery in 2018. IKG President Deutsch welcomed the support. President Alexander Van der Bellen also visited the cemetery in September with Deutsch and stated it was “Austria’s duty to maintain the cemetery.”

In a video message from Jerusalem ahead of the World Holocaust Forum in January, President Van der Bellen deplored the rise of anti-Semitism in Europe and pledged continued engagement to fight it: “Racism, anti-Semitism, human degradation must never again become political instruments.” While many Holocaust victims were Austrians – predominantly Jews – Austrians were also perpetrators, Van der Bellen stated.

Following slogans on FPOe posters for the Vienna municipal election in October that equated traditionally dressed Muslims with radical, violent Islamism, the Association of Social Democrat Academics filed incitement charges against the FPOe in Vienna with the Vienna Prosecutor’s Office. The association stated that the posters violated human dignity and religious freedom. The case was pending at year’s end.

In September, the Vienna public prosecutor requested lifting the immunity of FPOe Third Parliamentary President Norbert Hofer after Hofer stated at a June party rally that the Quran was more dangerous than COVID-19. The IGGO filed charges against Hofer of denouncement of religious teachings and incitement. In October, the case was dismissed after the parliamentary immunity committee decided against lifting Hofer’s immunity, stating he made the statement in the context of his political activity.

Following clashes in Vienna between Turkish nationalists and Kurdish groups in July, FPOe Secretary General Michael Schnedlitz said he considered his party “a weed killer against unlimited immigration.” Three parliamentary parties – the Social Democrats (SPOe), Greens, and NEOS – condemned the language as “Nazi rhetoric” and called for Schnedlitz’s resignation. Vienna FPOe Chairman Dominik Nepp stated Schnedlitz had been misunderstood and that he had not equated immigrants with weeds.

Following the outbreak of COVID-19 cases in refugee shelters in Vienna in May, Nepp called COVID-19 an “asylee virus” and “intolerable.”

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.

According to statistics presented by Foreign Minister Alexander Schallenberg in December, the government granted citizenship to 633 descendants of Austrian victims of Nazi crimes, including persons from the United States, Israel, and Great Britain.

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

Azerbaijan

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution stipulates the separation of religion and state and the 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.

According to the code of administrative offenses, an administrative offense is applicable to nonviolent crimes. An administrative arrest may last up to three months.

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 contradict the constitution or other laws. Authorities may also deny registration if an organization’s charter or 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.

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.” 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 believing no one outside of one’s religious group may criticize that group). 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; 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 ranging from 15 years to life.

The law 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.

Rituals and ceremonies related to Islam may be performed only by citizens of the country. The law allows foreigners invited by non-Islamic registered religious groups to conduct religious services, but it prohibits citizens who received Islamic education abroad from leading religious ceremonies unless they obtain 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 administrative code prohibits “clergy and members of religious associations from holding special meetings for children and young people as well as the organizing or holding by religious bodies of organized labor, literary, or other clubs and groups unassociated with holding religious ceremonies.”

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. Punishments for “production, sale and distribution of religious literature (on paper and electronic devices), audio and video materials, religious items, and other informational materials of religious nature with the aim of importation, sale and distribution without appropriate authorization” are proscribed by law. Punishments for first-time offenders include a fine of between 5,000 and 7,000 manat ($2,900 and $4,100), up to two years’ restricted freedom, or up to two years’ imprisonment. Violations by a group of people “according to a prior conspiracy,” an organized group, an individual for a second time, or an official carry a fine of between 7,000 and 9,000 manats ($4,100 and $5,300), between two and four years’ restricted freedom, or imprisonment of between two and five years. In June, amendments to the criminal code entered into force that added the alternative punishment of “restriction of freedom” (probation) – two to four years in cases involving an individual first-time offender and two to five years in aggravated cases – to the preexisting punishments.

There is no 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 study religion at higher educational institutions, such as the Azerbaijan Institute of Theology, and the CMB sponsors some religious training abroad. The law prohibits individuals who pursue foreign government-supported or privately funded religious education abroad without permission from the government from holding official religious positions, preaching, or leading 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. 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 acts; 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 parliament. 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 a position of religious leadership. It proscribes the use of religious facilities for political purposes.

The constitution prohibits “spreading 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

Local human rights groups and others stated the government continued to physically abuse, arrest, and imprison religious activists.

On June 4, the ECHR ruled the government had violated the religious freedom rights of four individuals whom it arrested between 2013 and 2015 by subjecting them to excessively long pretrial detention (between five and 10 months) in violation of the European Convention on Human Rights. According to Forum 18, authorities arrested the four – Taleh Bagirov (aka Bagirzade), Zakir Mustafayev, Ismayil Mammadov, and Eldaniz Hajiyev – for exercising their right to freedom of religion or belief. The government acknowledged the length of pretrial detention had been excessive. The ECHR ordered the government to pay each of the men 3,000 euros ($3,700) in compensation. It awarded Mustafayev an additional 500 euros ($610) for costs associated with applying to the court. Representatives of the men said the compensation was too low and wanted the court to continue hearing the case, but it refused. The ECHR ruling in June followed a similar decision by the same court on January 16 concerning the extended detention of Hajiyev, Mammadov, and a third man, Revan Sabzaliyev, arrested in April 2014 when they met to study the works of Nursi. Hajiyev and Mammadov were also among the four men included in ECHR’s June decision. Bagirov said authorities tortured him during his detention. In 2015, authorities arrested Bagirov on charges of extremism following a police raid of a home where he was preaching. Five attendees and two officers died in the raid.

In nine cases concluded in September, the ECHR accepted the government’s admission that it had violated the rights of multiple individuals to freedom of religion or belief. One case involved seven Muslims who were detained when they met at a home in Baku in 2015 to discuss the works of Nursi. In another case, authorities detained four Jehovah’s Witnesses when they met at a member’s home in Ganja in 2010. The government paid 4,400 euros ($5,400) in compensation to the Muslims and 4,000 euros ($4,900) to the Jehovah’s Witnesses following the decisions. In these cases, as well as in earlier cases where the government admitted culpability, the victims said they were concerned by both the low level of compensation the government offered and what they saw as its failure to change the laws to ensure similar violations did not occur again. Forum 18 said there were 34 cases alleging violations of freedom of religion or belief involving 61 individuals and five religious communities that were pending before the ECHR at year’s end.

Throughout the year, courts continued reviewing appeals and sentencing individuals detained after the July 2018 assault on Elmar Valiyev, the then-head of the Ganja City Executive Committee, and the subsequent stabbing to death of two police officers during a related demonstration against local government authorities. In response to the 2018 events, police killed five persons and detained 77 others during special operations in Ganja, Shamkir, Sumgait, and Baku. The government said the convicted individuals were part of a Shia “extremist conspiracy” to destabilize the country, and that those killed had resisted arrest. Civil society activists and family members disputed the government’s account of events and stated the five individuals whom security forces killed hade not resisted arrest. The Ganja Court of Grave Crimes conducted the trials in Baku in what observers said was an effort to avoid causing further social unrest in Ganja. Those convicted received sentences ranging from 18 months to 18 years imprisonment. With the exception of Yunis Safarov, who was accused of trying to shoot Valiyev, civil society activists and human rights advocates considered the vast majority of the verdicts to be politically motivated. They estimated 43 individuals connected to the events in Ganja remained in prison at year’s end.

Authorities continued legal action against individuals associated with the unregistered group MUM. Authorities stated the movement mixed religious and political ideology and said they were concerned about its ties to Iran. Charges against MUM members included illegal possession of weapons, violation of the COVID-19 quarantine regime, and “resisting police” (a broad offense that includes not obeying police orders). As in prior years, human rights advocates and other civil society activists characterized the charges as baseless and designed to preclude political activity. According to data collected by human rights advocates, at year’s end, the estimated number of believers who were political prisoners ranged from 41 to 48, compared with 45 to 55 in 2019.

On March 13, police detained MUM member Elvin Muradov. On September 25, the Narimanov District Court sentenced him to two years and three months in prison for illegal possession of a weapon. On June 22, police detained MUM member Shamil Hasanov. On October 27, the Binagadi District Court sentenced him to four years and six months in prison for illegal possession of a weapon. During the year, authorities placed multiple members of MUM under administrative arrest for allegedly violating the COVID-19 quarantine regime and “resisting police.” For example, on March 21, the Sabunchu District Court sentenced Samir Babayev to 30 days of administrative arrest. On April 12, the Khatai District Court sentenced Hikmat Agayev to 25 days of administrative arrest. On June 10, the Imishli District Court sentenced Alik Aslanov to 15 days of administrative arrest.

On April 6, a presidential pardon released a number of individuals over the age of 65 because of concerns over COVID-19-related risks to elderly prisoners. The released individuals included two religious activists whom human rights advocates considered political prisoners, including one person arrested after a large November 2015 police operation targeting members of MUM.

Some minority Christian communities said the SCWRA made efforts to create more favorable conditions for their activities than in prior years, such as by becoming more responsive to their requests and concerns and establishing closer communication with them. The groups said there were fewer instances of officials raiding the premises of religious communities or detaining and fining individuals in connection with peaceful practice of their religion or beliefs than in years past. Jehovah’s Witnesses stated there were no detentions related to practice of their religion during the year, compared with 18 in 2019. They attributed the lack of incidents to improved relations with the SCWRA and their reduced public proselytizing during the COVID-19 pandemic.

The government did not implement alternative military service for conscientious objectors, despite being required to do so by the constitution, or make any draft law public. According to Forum 18, on March 30, ruling party deputy Siyavush Novruzov recommended parliament adopt an alternative service law. In April 2019, the Supreme Court rejected the appeals of Jehovah’s Witnesses Emil Mehdiyev and Vahid Abilov of their 2018 convictions and one-year probation sentences for criminal evasion of military service. Mehdiyev and Abilov filed an appeal with the ECHR, on which the court had not ruled as of year’s end.

During the year, the SCWRA registered 14 new religious communities (12 Muslim and two Christian), compared with 34 religious communities registered in 2019 (31 Muslim and three Christian). There were a total 963 registered communities at the end of the year, of which 37 were non-Muslim – 26 Christian, eight Jewish, two Baha’i, and one the International Society of Krishna Consciousness. The SCWRA also said 2,250 mosques, 14 churches, and seven synagogues were registered. There were 23 Christian prayer houses (worship spaces that did not have the status of a church), one Baha’i house of worship, and one Krishna Consciousness house of worship in the country at year’s end.

The SCWRA said it continued to provide letters authorizing previously registered communities to operate, based on their pre-2009 registration. While the SCWRA maintained its prohibition on these communities’ religious activities in locations not covered under their pre-2009 registration status, it occasionally granted exceptions upon request.

The government said the inability of some groups to obtain registration stemmed solely from the groups’ inability to meet the law’s requirement of 50 members and that the government did not take administrative action against unregistered religious communities. The government said reducing the minimum number of members below 50 would promote extremism. Religious communities continued to state frustration with government registration requirements, particularly the 50-member minimum. For example, Baptist communities in the towns of Zagatala and Shirvan did not have sufficient members to apply for legal registration. Jehovah’s Witnesses were registered only in Baku. Regional branches of Baptists and Jehovah’s Witnesses stated they were unable to obtain legal registration, although they stated they were able to worship openly despite being unregistered. Forum 18 reported that in January, the SCWRA told the Baptist community in the village of Aliabad, which has been seeking legal status since 1994, that SCWRA had “no objection” to the group meeting once per week for two hours, despite it not having legal status. Some Protestant and home-based church leaders stated their inability to obtain legal registration forced them to keep their activities quiet for fear of government repercussions.

On September 23, the Supreme Court upheld the verdict of the Baku Administrative Court, which on January 30, 2019 declined to review the complaint of former parliament employee Rahim Akhundov. Akhundov stated that in December 2018 he was forced to resign from his professional position in the International Relations Department due to his Christian faith. He stated he had been threatened with dismissal if he did not resign voluntarily. According to Akhundov, security services conducted surveillance on him and his home, and informed parliamentary leadership that he held prayer meetings at his house and proselytized.

On August 28, authorities did not permit Shia believers to gather in mosques or mosque courtyards to mark the Ashura religious commemoration because of COVID-19 quarantine restrictions that applied to all public gatherings, regardless of the purpose. Police detained numerous individuals in Shamkir, Yevlakh, Barda, and Lankaran for trying to observe Ashura in spite of the prohibition on gatherings. Judges sentenced at least six individuals to administrative detention ranging from 10 to 30 days.

Forum 18 said government officials sometimes refused to give birth certificates to Georgian-speaking families for children with Georgian first names or to Baptists wishing to give their children biblical names. According to Forum 18, without a birth certificate, a child may not attend kindergarten or school, be treated in a hospital, or travel abroad. The NGO said that in the early part of the year, following a one-year delay, officials granted a birth certificate to a family in Aliabad who had named their son Daniel. An individual close to the family told Forum 18, “The parents chose the name for religious reasons. But officials refused and insisted they choose an Azeri name.”

The SCWRA stated it prohibited the importation of 52 books out of 3,680 and the publication of six books out of 205. By comparison, in 2019 the SCWRA prohibited the importation of 216 books out of 3,888, and the publication of 14 books out of 239.

On October 22, the ECHR ruled in the case of Jehovah’s Witness Nina Gridneva. The court dismissed the case because the parties had reached a settlement in which the government recognized it had violated her rights under the European Convention on Human Rights and committed to pay her 4,500 euros ($5,500) as compensation. In 2010, police stopped Gridneva while she was distributing religious literature on the street and officers seized the materials. A local court subsequently fined her for distributing “illegal” religious literature.

The ECHR ruled on February 20 that the government had violated the rights of Jehovah’s Witnesses by banning three of their publications from importation and distribution in 2008. The ECHR ordered the government to pay compensation for the violation and refund court fees Jehovah’s Witnesses incurred trying to challenge the bans in local courts.

According to Shia Rights Watch, in June, officials demolished the Hazrat Zahra Mosque in Baku, saying the building was condemned, and undertook construction of a new mosque on the same site. The government had attempted to demolish the mosque in 2008; however, due to demonstrations, demolition was postponed.

The government continued to allocate funds to “traditional” religious groups. On June 2, President Ilham Aliyev signed a decree allocating two million manat ($1.18 million) to the CMB for the needs of Muslim communities and 350,000 manat ($206,000) each to the Baku Diocese of the Russian Orthodox Church and the religious community of Mountain Jews, the same amounts as in 2019. The decree also allocated 150,000 manat ($88,200) each to the European Jewish community, the Albanian-Udi community, and the Catholic Church of Baku, and 100,000 manat ($58,800) to the Moral Values Promotion Foundation, the same amounts as in 2019. Some observers stated the Moral Values Promotion Foundation’s funding amounted to further government control over the practice of Islam.

The government did not exercise control over Nagorno-Karabakh or the surrounding territories throughout much of the year. During 44 days of intensive fighting in the fall in and around Nagorno-Karabakh involving Armenia, Armenia-supported separatists, and Azerbaijan, significant casualties and atrocities were reported by all sides. After Azerbaijan, with Turkish support, reestablished control over four surrounding territories controlled by separatists since 1994, a Russian-brokered ceasefire arrangement announced by Azerbaijan and Armenia on November 9 resulted in the peaceful transfer of control over three additional territories to Azerbaijan as well as the introduction of Russian peacekeepers to the region.

Human Rights Watch stated Azerbaijani forces attacked and damaged the Holy Savior Cathedral in Shusha in two separate incidents on October 8. Reporters on-site during the attack reported a drone flying overhead at the time and that the two strikes were made by high-precision missiles. There was reportedly no evidence the site was used for military purposes. In an October 26 interview, President Aliyev denied purposefully bombing the church, saying it was bombed by accident or was done by the Armenians themselves to frame Azerbaijan. Armenian religious officials accused Azerbaijan forces of desecrating the Holy Savior Cathedral after taking control of the city of Shusha on November 14. Photographs circulated on the internet showed graffiti on the outer walls of the cathedral. Azerbaijani media said the graffiti in the online images had been photoshopped.

Numerous videos circulated during and after the fall fighting that showed attacks on and vandalism of cultural and religious sites. These videos prompted Armenian officials, religious leaders, and civil society representatives to express serious concerns regarding the preservation of the sites as they passed from Armenian to Azerbaijani control. Following the ceasefire, leaders of the Armenian Apostolic Church requested that Russian peacekeepers protect the medieval Dadivank Monastery in the district of Kalbajar, a territory returned to Azerbaijani control after the fall fighting, fearing its carvings could be destroyed and that without protection the site would become inaccessible. Russian peacekeepers took control of the site immediately following a November 14 call between Russian President Vladimir Putin and Armenian Prime Minister Nikol Pashinyan. President Aliyev’s public claim that “the churches in Kalbajar belong to the ancient Caucasian Albanian state” raised concerns among Armenians that Azerbaijan might seek to sever some religious sites’ connections with their Armenian heritage.

Armenian media reported both during and after the fall fighting that representatives of the Azerbaijani armed forces deliberately targeted monuments of historical, religious, and cultural significance. On November 14, a person whom local media identified as Azerbaijani posted a video on Facebook showing the alleged destruction of the dome and the bell tower of the St. John the Baptist Church (also known as Kanach Zham/Green Church) located in Shusha.

There were also videos of soldiers desecrating and damaging the Church of Zoravor St. Astvatsatsin, located in Mekhakavan settlement, including the breaking of the church’s cross. When the Church of Zoravor St. Astvatsatsin was constructed in 2017 by Armenia-supported de facto authorities as a military chapel, Azerbaijan formally protested the construction on “occupied lands” in a depopulated area as a violation of international humanitarian law.

Bahamas

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of conscience, thought, and religion, including the freedom to practice one’s religion. It forbids infringement on an individual’s freedom to choose or change his or her religion, and prohibits discrimination based on belief. Parliament may limit religious practices in the interest of defense, public safety, health, public order, or for the protection of the rights and freedoms of others. The constitution refers to “an abiding respect for Christian values” in its preamble; however, there is no state-established religious body or official religion.

The practice of Obeah, an Afro-Caribbean belief system with some similarities to Voodoo, is illegal. Those caught practicing it or attempting to intimidate, steal, inflict disease, or restore a person’s health through the practice of Obeah may face a sentence of three months in prison. Reports of violations are infrequent, as Obeah is generally practiced in private on remote islands with no discernable organizing body, but the Royal Bahamas Police Force said it will investigate any credible reports. The publication and sale of any book, writing, or representation deemed blasphemous is punishable by up to two years in prison but opinions on religious issues “expressed in good faith and in decent language” are not subject to prosecution under the law. This law is traditionally not enforced.

The law does not require religious groups to register, but they must legally incorporate to purchase land. There are no legal provisions to encourage or discourage the formation of religious communities, which have the same taxation requirements as profit-making companies if they incorporate. To incorporate, religious groups follow the regulations applicable to nonprofit entities, requiring the “undertaking” of the religious organization to be “without pecuniary gain,” and that the group maintains a building for gathering. In accordance with value-added tax (VAT) legislation, religious organizations seeking VAT exemptions must register with the Ministry of Financial Services, Trade, and Industry and with the Department of Immigration and apply for exemptions on a case-by-case basis.

The law prohibits marijuana use, including for religious rituals.

Religion is a recognized academic subject at government schools and is included in mandatory standardized achievement and certificate tests. Religion classes in government-supported schools focus on the study of Christian philosophy, Biblical texts, and, to a lesser extent, comparative and non-Christian religions. Religious groups may establish private schools. The constitution states no one shall be compelled to participate in religious instruction or observances of a religion other than his or her own. It allows students, or their guardians in the case of minors, to decline to participate in religious education and observance in private schools. Vaccinations are required to attend school. Home schooling is permitted and is regulated by the Ministry of Education.

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

Government Practices

Some Rastafarians continued to state the government violated their constitutional right to religious freedom by prohibiting the legal use of marijuana in ceremonial rituals. Rastafarians said police continued to arrest them for possessing small quantities of marijuana used in ceremonial rituals. They said police were disrespectful and intimidated them during detention. In February, Prime Minister Minnis introduced in parliament’s lower house the final preliminary report of the Bahamas National Commission on Marijuana, which recommended Rastafarians and other religious groups who use cannabis for sacramental purposes be allowed to possess, cultivate, and use it for that reason. A representative from the Rastafarian community served on the commission. In October, Prime Minister Minnis announced that starting in 2021, the government would begin to expunge records of individuals convicted for possession of small amounts of marijuana, although this would require parliament to pass legislation. In August, Minnis extended the commission’s mandate through June 2021 to allow it to complete a national survey on public views on cannabis use, which would inform its final report.

In October, the government-supported Economic Recovery Committee, formed during the early stages of the COVID-19 pandemic, recommended the legalization of cannabis with strict controls over its production, consumption, and exportation.

The government regularly engaged the BCC to discuss political, economic, and societal issues, including the ongoing debate over whether to legalize use of marijuana. In an October statement, BCC President Bishop Delton Fernander expressed the BCC’s opposition to the legalization of marijuana, saying, “The Bahamas Christian Council believes that marijuana or the introduction of a hemp industry is simply not the solution that the country is seeking or needs to address our many woes. We can see no societal or national advantage with the proposal submitted to the government by the Bahamas National Commission on Marijuana.”

Unlike in previous years, Rastafarians said during the year that no Rastafarian children were excluded from attending school if they were not vaccinated.

The leader of the Jewish community, Rabbi Sholom Bluming, praised the government for its general openness and respect for religious diversity, saying the government continued to allow the display of menorahs in public spaces during Hanukkah. The leader of the Islamic community, Ameer Faisal Hepburn, said Muslims were able to worship freely without governmental discrimination.

The government continued to include Christian prayer in all significant official events. It was common for government officials and members of parliament to quote religious teachings during speeches, and senior government officials in their official capacities occasionally addressed assemblies during formal religious services.

Bahrain

Section II. Status of Government Respect for Religious Freedom

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, freedom to perform religious rites, and 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 they 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 basis of gender, origin, language, or faith. The labor law prohibits discrimination in the public and private public sectors on grounds of religion or faith. The labor law deems dismissal for religion to be arbitrary and illegal but provides for no automatic right to reinstatement. The law also prohibits wage discrimination based on sex, national origin, language, religion, or ideology. The law stipulates recourse through a complaint process to the Ministry of Labor and Social Development (MOLSD) to legal bodies in the event of discrimination or dismissal in the workplace 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.

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.” The law states, “Any publication that prejudices the ruling system of the country and its official religion can be banned from publication by a ministerial order.”

Muslim religious groups must register with the Ministry of Justice, Islamic Affairs, and Endowments (MOJIA) to operate. Sunni religious groups register with the ministry through the Sunni Waqf (endowment), while Shia religious groups register through the Jaafari (Shia) Waqf. The MOJIA endowment boards supervise, fund the work of, and perform a variety of activities related to mosques and prayer halls. Non-Muslim groups must register with the 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 were registered with the ministry: 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 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 up to one year’s imprisonment or a fine of up to 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, as part of the MOI, 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, which are appointed by the King with recommendations from the president of the SCIA. 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. The government has allocated 2.7 million dinars ($7.16 million) annually to each endowment board. Zakat (Islamic 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 government-run and funded SCIA oversees general religious activities taking place within the country as well as the publication of Islamic studies school curricula and official religious texts. The council is comprised of a chairman, a deputy chairman, and 16 religious scholars eight Sunni and eight Shia, most of them prominent preachers or sharia judges. The King appoints all council members to a four-year term. Independent from other government scholarship programs, the council offers university scholarships to low-income students for advanced Islamic studies. The SCIA reviews all legislation proposed by 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 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-Islamic 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 and either the Sunni Waqf or the Shia Jaafari Waqf under the MOJIA for Islamic sites. 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 government also determines the need for non-Islamic houses of worship.

The law regulates Islamic religious instruction at all levels of the education system. The government funds public schools for grades one through 12; Islamic studies based on Sunni doctrine are mandatory for all Muslim students and are optional for non-Muslims. Private schools must register 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, Muslim and non-Muslim students may engage in religious studies that the MOJIA sponsors, as their parents deem fit.

In coordination with the SCIA, a team of MOE-appointed experts routinely reviews and develops the Islamic studies portion of the 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 in private schools.

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. The constitution also guarantees the duties and status of women and their equality with men, “without breaching the provisions” of sharia. The personal status law states that 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; however, all marriages must be registered with a civil court. Civil courts also adjudicate matters such as divorce and child custody for non-Muslims.

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.

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 prison.

The country is party to the International Covenant on Civil and Political Rights, 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 political affiliation are often closely linked, it was difficult to categorize many incidents as being solely based on religious identity.

According to January press reports, in September 2019, Bahrain’s Special Investigations Unit referred two police officers to the Military Court on charges related to mistreatment of Shia detainees in Jaw Prison. The press reported that, in December 2019, a criminal court sentenced one of the accused officers to one year in prison. The court sentenced the other officer and four other police officers to three months in prison in the same case.

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.

On January 13, authorities summoned Shia cleric Abdul Zahra al-Samaheeji for questioning and remanded him for one week pending an investigation. The government charged him with defamation of religious historical figures. On January 21, authorities remanded him for additional 15 days for further investigation. On February 20, the government released al-Samaheeji without formal charge.

On March 12, the King issued a royal decree pardoning 901 inmates, many of them Shia, for humanitarian reasons against the backdrop of the COVID-19 pandemic. Some of those released were charged with crimes related to religious expression. On May 23, the King issued a royal decree pardoning and releasing another 154 inmates who served part of their prison terms. These pardons coincided with the Eid al-Fitr holiday.

On August 12, the Court of Cassation reversed the revocation of citizenship of three Shia defendants who were sentenced to life in prison for setting fire to the Sitra Police station in 2017. However, the court did not grant their appeal and the life sentences continued. The Public Prosecution Office said that the three defendants had connections with the February 14 Movement, named for the 2011 uprising against the government and associated with the Shia community.

On August 25, the Court of Cassation upheld a one-year prison sentence against Shia religious preacher Abdul Mohsin Mulla Atiyya al-Jamri for a 2019 sermon “defaming a [historical] figure that is revered by a religious group.” During a sermon delivered in 2019, the preacher reportedly defamed Mu’awiya I, who assumed the caliphate in 661 after the assassination of the Prophet Muhammad’s son-in-law Ali.

On August 30, the Public Prosecution Office arrested a Shia physician, Wissam Khalil al-Arayedh, for defaming historical religious figures during his public reflection to mark the commemoration of Ashura. The Public Prosecution Office said that al-Arayedh’s message promoted violence and sectarian sedition. Activists and rights groups stated that authorities misinterpreted his remarks. The government released al-Arayedh on September 1 on bail, banned him from overseas travel, and referred his case to the High Criminal Court.

In November, the press reported the Third Lower Court sentenced an unnamed defendant to a six-month prison term for insulting religious symbols and persons of reverence in Islam in sermons he had given. The press stated that the sermons contained “expressions of insult and cursing” aimed at companions of the Prophet Muhammad.

In September, the Public Prosecution Office summoned several Shia preachers because of the content of their sermons: Ebrahim al-Ansari, Qassim Zainuldin, Naji Ahmed Eid, Abdul Nabi al-Gharifi, Nasser Ali, and Ebrahim al-Sammak. The government accused them of “spreading sectarianism” after delivering sermons “defaming revered religious figures.” Activists said that the sermons were part of the Shia observance of Ashura. Authorities sentenced al-Sammak to one year in prison and Ebrahim al-Ansari to six months in prison. The government released the others after detaining them for seven days.

Authorities prosecuted defense attorney Abdulla al-Shamlawi, who defended opposition figures, including Ali Salman and other members of the now-banned opposition group al-Wifaq, which had strong ties to the country’s Shia community, for “defamation.” On September 14, an appeals court gave al-Shamlawi a six-month suspended sentence for “inciting sectarianism.” Some of the charges against al-Shamlawi involved two tweets that he sent in 2019 in which he criticized Sunnis for fasting during Ashura and for considering it a joyful day. The appeals court decision overturned the June 30 verdict of the High Criminal Court, which sentenced al-Shamlawi to eight months in prison for “humiliating an Islamic sect” and “misusing a telecommunications device.”

On September 8, the MOI Anti-Cyber Crime Directorate arrested an individual who circulated a video on social media defaming Shia beliefs. The directorate said that legal proceedings are underway against him.

On September 11, the Court of Cassation reviewed the verdicts of 20 defendants who participated in what the government called an illegal sit-in in front of senior Shia Sheikh Isa Qassim’s house in Diraz that began in 2016. The court upheld sentences in 16 of these cases, rejected two appeals, ordered a reduced prison term in one case, and ordered a retrial in one other. The suspects in this case, known as the “Diraz sit-in case,” were among 146 individuals that the Public Prosecution Office had accused of possessing explosives, having connections with terror cells based abroad, and attempting to kill police officers.

International and local NGOs reported police summoned approximately 10 individuals, including clerics, in the days leading up to and following the August Ashura commemoration – the most significant days of the Shia religious calendar. Authorities reportedly summoned and interrogated the individuals for the content of their sermons and specifically for “inciting sectarian hatred.” Police held some of them overnight while others were detained and released the same day; others remained in custody for several days or weeks.

On June 15, 2020, the Court of Cassation upheld the death sentences of Zuhair Ebrahim Jassim and Hussain Abdulla Khalil Rashid. The government prosecuted both on charges of targeting security forces and killing a police officer in a bomb explosion in 2014. A New York Times report identified the men as members of the Shia community who previously expressed opposition to the government.

On September 17, the Public Prosecution Office filed an urgent motion against a woman for blasphemy and defamation of Islam and other religions after she published defamatory pictures and tweets on social media platforms. The Public Prosecution Office ordered the woman held pending trial.

On September 21, the Court of Cassation overturned the conviction of a citizen charged with blasphemy and misuse of telecommunications and referred the case back to the lower criminal court for retrial.

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

In January, the MOI summoned historian Jassim Hussain al-Abbas for a speech he gave at a conference in which he discussed the history of mosques in the country and alluded to Shia rulers of Bahrain before the first al-Khalifa emir.

In February, the NGO Bahrain Interfaith reported the one-year anniversary of a complaint submitted to the King by Mohsin al-Asfoor, the former head of the Jaafari Waqf, regarding MOI interference in Jaafari Waqf affairs and MOJIA actions affecting the Shia community. These included measures that hampered the funding, construction, and licensing of new religious endowments, mosques, and maatams (Shia prayer houses, sometimes called husseiniyas in other countries), specifically the acquisition of new properties for new mosques and maatams, and government delays in approving construction of new mosques and maatams and renovation of existing ones. In June, the King appointed a new head of the Jaafari Waqf. The NGO stated that despite a change in leadership in the Jaafari Wafq, the government had not addressed the issues raised in al-Asfoor’s original complaint.

On February 16, Bahrain Interfaith issued a separate report regarding a decision by the country’s Electricity and Water Authority, part of the Ministry of Electricity and Water (EWA), to charge facilities that Shia community members identify as maatams for electricity and water. The NGO stated that the authority based its decision on a 2012 law promulgated by the MOJIA which held that, unlike Sunni or Shia mosques, maatams were not houses of worship, which are exempt from utility fees, but were public facilities, which are not. Government officials, on the other hand, dated the decision to a 2016 review of all maatams registered with the Jaafari Waqf, which found that approximately 200 registered maatams were actually residences or shops and not maatams. At that time, the government informed the owners of these buildings that they would need to address the status of their properties and would be responsible for the payment of electric bills. According to a November 2019 article in the newspaper al-Ayam, more than 600 of these facilities had not changed their status, had not paid past-due electric bills, and were subject to having their power shut off by the EWA.

According to the government, it generally permitted prisoners to practice their religion, but there were reports from Shia activists that restrictions imposed by prison authorities effectively denied Shia prisoners access to religious services and prayer time. NGOs continued to state that prison authorities routinely denied Shia prisoners needed medical treatment.

In August, inmates in Building 14 at Jaw Prison undertook a hunger strike to protest religious discrimination, lack of access to medical facilities, and limits on family visitation due to COVID-19-related restrictions. There were reports authorities denied prisoners access to religious services during special commemorations such as Ashura, and prayer time. Some detainees said prison officials limited time for practicing Ashura rituals due to COVID-19 mitigation efforts. A government human rights institution that monitored complaints of human rights violations said, however, that inmates were given additional time to practice Ashura rituals in common areas, adding that religious rituals were not permitted in prison cells as a matter of general policy.

The government continued not to provide regular statistics on detainees. The government reported that special rooms were available to prisoners for worship and prayer regardless of religious affiliation. The National Institution for Human Rights, a quasi-governmental organization responsible for investigating complaints of abuse in prisons, stated its investigations did not find widespread harassment or mistreatment by prison guards due to their religious affiliation. NGOs, however, cited several instances of prisoner abuse.

The government did not maintain official statistics on the religious affiliation of public sector employees, members of parliament, or ministers. According to informal estimates, the 40-member Shura Council included 19 Shia Muslim members, one Jewish member, and one Christian member, while the remaining 20 members were Sunni Muslims. Following parliamentary elections in 2018, of 40 seats on the elected Council of Representatives, 25 were won by members identified as Sunnis and 15 identified as Shia. Five of the 24 cabinet members, including one of the five deputy prime ministers, were Shia.

The government reported 598 licensed Sunni mosques and 91 Sunni community centers; authorities increased the number of licensed Shia places of worship to 754 mosques, while the number of maatams remained at 618, the same number as in 2019. The government reported it granted 30 permits during the year to build Sunni mosques and an additional 30 permits to build Shia mosques and maatams. NGOs stated authorities did not allow the construction of new mosques in Rifaa or maatams in Hamad Town, despite numerous requests from community members. 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 government continued to monitor and provide general guidance on the content of sermons and to bring charges against clerics who repeatedly spoke on unapproved topics. The MOJIA continued to monitor clerics’ adherence to a pledge of ethics it created for individuals engaged in religious discourse. According to the MOJIA, preachers who diverged from the pledge were subject to censure or removal by authorities on the grounds that 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. According to Shia community representatives, during Ashura, police again summoned some Shia chanters and preachers and required them to sign pledges that they would avoid discussing politics in their sermons.

On August 26, the MOI Anti-Corruption and Economic and Electronic Security Directorate warned against social media accounts that spread sectarianism. The MOI stated that these accounts were managed by political groups operating in Lebanon and Iran, including the dissolved al-Wifaq political society and al-Wafa Islamic movement, both of which had strong ties to the country’s Shia community.

In March, hundreds of Shia pilgrims reported they were stranded in Iran due to flight cancellations in response to the COVID-19 pandemic. At least four persons died in Iran while waiting to be repatriated. The government chartered special flights to allow the stranded pilgrims to return home, but the process ultimately took months due to public safety concerns, airport closures, and the unavailability of flights. Rights groups accused authorities of sectarianism and stated that they were reluctant to repatriate the Shia pilgrims. On March 1, 18 members of parliament (MPs) called on authorities to postpone the return of Bahrainis from the “endemic countries,” of which Iran was one. They argued that repatriating Bahrainis at that time would rapidly increase the number of infected persons at home. The Gulf Institute for Democracy and Human Rights said that the MPs’ statement “promotes sectarian discrimination and creates discord among people.”

On February 29, the Jaafari Waqf issued a statement calling on maatam administrators to freeze all activities (marriages, funerals, and social gatherings) until further notice because of the pandemic and announced that mosques would also be closed for all prayers. The government allowed maatams otherwise to remain open but did not allow maatams to hold or facilitate gatherings of more than five people. The Sunni Waqf ordered Sunni mosques closed on March 23.

The government also closed non-Islamic houses of worship and other places of congregational worship in late April due to concerns about COVID-19. Before the government’s decision, many non-Muslim religious groups had voluntarily closed their houses of worship due to the pandemic. The government started to ease official restrictions for all non-Muslim groups beginning in mid-August.

On August 11, due to public health concerns, MOI officials reportedly warned leaders of maatams that hosting Ashura-related activities despite COVID-19 restrictions could result in imprisonment or fines, according to opposition-linked social media accounts. On August 16, the Supreme Council of Health restricted Ashura ceremonies to online events and urged maatam representatives to abide by preventive measures put in place by the Ministry of Health (MOH).

On August 23, NGOs reported that a maatam in Hamad Town was shuttered by the MOI and that maatam representatives in A’ali and in Manama were summoned by the authorities. The MOI and the MOH cited violations of social distancing regulations to prevent the spread of COVID-19 as the reason for these actions.

On August 26, following meetings with the Jaafari Waqf, the National Task Force to Combat COVID-19 said it would allow Shia mourners to sit in chairs outside maatams during Ashura sermons while maintaining two meters’ (six feet) distance between the attendees in all directions. Some members of the Shia community stated that these restrictions were much stricter than those applied to other public buildings such as shopping malls. The task force also stated it would allow Ashura processions in the vicinity of maatams to proceed, providing that social distancing was maintained and other precautionary measures implemented, such as wearing face masks and regularly using disinfectant. The government continued to prohibit large Ashura processions in Manama’s city center and in the market area.

On August 26, MOJIA announced the progressive opening of all mosques beginning August 27. The ministry added that all mosques would be open only for Fajr (dawn) prayers and that Friday prayers would be performed in Al-Fateh mosque. The MOJIA also said it would suspend prayers in mosques that failed to follow safety and social distancing measures. On September 7, the Jaafari Waqf issued a statement suspending gatherings in maatams following an increase in positive COVID-19 cases subsequent to Ashura commemorations.

The government continued to permit Shia groups to hold processions to commemorate Ashura in August and Arbaeen (the fortieth day after Ashura, commemorating the death of Hussein) in October, 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. The government permitted public reenactments of the death of Hussein and public processions in commemoration of Ashura.

In August, social media accounts reported that the MOI had summoned mosque representatives in Hamad Town and directed them to suspend broadcasting Ashura sermons due to concerns about crowds gathering to listen to those sermons in contravention of COVID-19 social distancing regulations. A former member of the Wifaq opposition society stated that the Shia community was forced to use mosques to observe Muharram due to the lack of maatams. Social media accounts also reported that a maatam in Hamad Town was locked by the MOI and that the government summoned maatam representatives in A’ali and in Manama and required the maatam officials to sign a pledge to observe social distancing. On August 26, the media reported that Isa Qassim, whom the media have identified as the leading Shia cleric from the country and who was living in Iran in exile, stated that the government had closed mosques in Hamad Town in the days before Ashura. According to the press report, Qassim said that “No mosque is ever owned by any country.”

On August 20, local NGOs reported that the MOI removed several Ashura banners in Ras Rumman, Al-Sahla, and Al-Maameer. The MOI also removed some Ashura flags and banners from streets and private property in Shia villages, but not at the main procession areas in Manama, according to Shia leaders.

Shia Rights Watch, a U.S.-based NGO, stated that authorities announced restrictions on religious congregations and public organizations holding Muharram commemorations, which the government said were based on COVID-19 concerns. According to the NGO, authorities warned that some religious centers would be fined and shut down for three years for hosting Muharram rituals if they violated COVID-19 social distancing protocols. At the same time, Shia representatives stated that malls, swimming pools, and other businesses where customers congregate were allowed to open or continue their operations.

The government continued to permit both registered and unregistered non-Muslim religious communities to maintain identifiable places of worship, hold religious gatherings, and display religious symbols. Security forces stated they continued to monitor 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. The Ministry of Information Affairs reviewed all books and publications prior to issuing printing licenses. The MOJIA also reviewed books that discussed religion. According to non-Muslim religious groups, the government did not interfere with religious observances and publicly encouraged tolerance for minority religious beliefs and traditions. In September, the King’s Representative for Humanitarian Work and Youth Affairs, Nasser bin Hamad al Khalifa, participated in the celebration of the Hindu festival of Onam and said that the observance of Onam confirmed the importance of dialogue and understanding in the country. In August, the government announced that it would allow a large-scale renovation and extension of the Shri Krishna Hindu Temple in the Manama souq.

Authorities permitted some churches to build larger premises on different locations, but at year’s end, these churches had not received MOLSD’s final approval for the location of the new facilities. Government sources reported that land scarcity was the reason for this delay.

There was no progress reported on the construction of a Coptic Orthodox church in Manama following the King’s 2016 announcement that he would permit the church’s construction. A construction start date had still not been established. Construction continued on a Catholic cathedral, intended to serve as headquarters for the Catholic Apostolic Vicariate of Northern Arabia, which was scheduled for completion by mid-2021.

On August 15, a woman destroyed several Buddhist statues in a shop in Juffair. The following day, after a video of the incident appeared on social media, the MOI arrested the woman on a charge of publicly attacking and degrading a religious sect. Authorities referred the case to the Public Prosecution Office. According to the MOI, she faced charges of intentional criminal damage as well as publicly insulting and desecrating items associated with a religious faith. The King’s diplomatic advisor tweeted that the woman’s actions were “a crime…of hatred and is [sic] rejected. Here, all religions, sects, and people coexist…”

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

According to the MOJ, officially registered organizers of Hajj and Umrah pilgrimages needed to abide by strict rules to maintain their licenses. Due to the COVID-19 pandemic, there were no organized pilgrimages to the holy sites.

According to the law, Arab applicants with 15 years’ residence and non-Arab applicants with 25 years’ residence are eligible to apply for citizenship. Government representatives stated that in recent years, it has received citizenship applications from persons born in Jordan, Yemen, Sudan, Pakistan, and Morocco. 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 said 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 MOLSD reported it organized expositions, job fairs, professional guidance, and assistance to needy families in predominately Shia neighborhoods. The ministry, 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 thorough religious instruction for students from elementary school through high school; the remainder of their curricula was consistent with the nonreligious curriculum in other public schools. The MOE’s Jaafari Institute provided religious instruction in Shia Islam. The MOE’s 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 continued to report discrimination against Shia in education. On August 29, the MOE said it had granted all high-scoring students from government and private schools their initial choices for universities and major placements. The MOE stated that the students could track their own placements and grants on the ministry’s website. The government reported the flagship Crown Prince International Scholarship Program (CPISP) continued to have both Shia and Sunni representation, but it again did not provide a statistical breakdown of participants. A list of scholarship recipients’ names, fields of study, and schools was published on the CPISP website. Some Shia business leaders again reported that government officials had overturned decisions to deny scholarships to Shia students over concerns the decisions had been biased and did not reflect student merit. There were continued reports that the MOE refused to recognize the foreign degrees of some students, primarily those who studied in China. Some activists said these refusals disproportionately affected Shia students.

NGOs reported the government continued to closely monitor the collection of funds, including charity donations, by religious organizations. 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.

At year’s end, the government had still not filled the position of ambassador at large for peaceful coexistence and religious freedom. In 2018 the Foreign Minister announced the government planned to create such a position.

Representatives of 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, met with governmental and religious groups in several countries, including the United Kingdom, France, and the United States, where they also met with government and civil society leaders. Marking the end of Ashura on August 31, the King expressed thanks to the Shia community for taking steps to limit the spread of the COVID-19 virus during recent religious observances, noting that such caution reflected the country’s “humane reference in the exercise of religious freedoms, respect for religious pluralism, and … the general values of [Islam].” On September 15, the diplomatic advisor to King Hamad received the country’s Jewish community representative.

Christian community leaders stated they continued the search, which began in 2012, for a suitable location for a new non-Islamic cemetery. While the government continued to work with them to identify a location, they did not identify a site during the year.

On September 1, the Muslim Council of Elders, an independent international organization based in the United Arab Emirates that promotes unity and an end to sectarianism in Islamic societies, offered membership to the SCIA’s head, Abdulrahman bin Mohammed bin Rashid al-Khalifa, in recognition of his efforts to encourage religious coexistence and tolerance.

In a September 21 speech, the King said, “We want the world to know that peace is our message and strategic choice and that tolerance and peaceful cohabitation have long characterized the Bahraini peoples’ identity.” He added, “True peace means accepting others, and this is the true essence of Bahrain citizens,” and that the country was a “lighthouse for intellectual, cultural, religious, and sectarian diversity.” Bahrain Interfaith, however, stated in February that it “has not witnessed any positive practical developments on the official level regarding religious freedom, cultivating tolerance, and religious coexistence.” The NGO said the government’s “policies and practices on the ground are inconsistent with its positions that are more rhetorical than practical.”

Bangladesh

Section II. Status of Government Respect for Religious Freedom

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 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 states 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 and the Digital Security Act, to charge individuals for acts perceived to be a slight against Islam. The Information and Communication Act criminalizes several forms of online expression, including “obscene material,” “expression(s) likely to cause deterioration of law and order,” and “statements hurting religious sentiments.” The Digital Security Act likewise criminalizes publication or broadcast of “any information that hurts religious values or sentiments,” by denying bail and increasing penalties of up to 10 years in prison.

The constitution prohibits freedom of association if an association is formed for the purpose of “destroying religious harmony”, the peaceful coexistence of religious communities, or creating discrimination on religious grounds.

Individual houses of worship are not required to register with the government. Religious groups seeking to form associations with multiple houses of worship, however, must register as NGOs with either the NGO Affairs Bureau (NGOAB) if they receive foreign assistance for development projects or with the Ministry of Social Welfare if they do not. The law requires the NGOAB to 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 are also 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, Special Branch of Police, and Directorate General of Forces Intelligence, although the standards for this clearance are not transparent.

Registration requirements and procedures for religious groups are the same as for secular associations. Registration requirements with the Ministry of Social Welfare include certifying the name being registered is not taken, and providing the bylaws/constitution of the organization; a security clearance for leaders of the organization from the National Security Intelligence; minutes of the meeting appointing the executive committee; a 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; a budget; and a recommendation by a local government representative.

Requirements to register with the NGOAB are similar.

Family law concerning marriage, divorce, and adoption contains 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. Hindu women may inherit property under the law. Buddhists are subject to the same laws as Hindus. 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 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 marriages 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 out of court 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 may neither be invoked to justify meting out punishment, nor may they supersede existing secular law.

Religious studies are compulsory and are 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 or 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 faith of their choice before execution.

The Restoration of Vested Property Act allows the government to return property confiscated from individuals, mostly Hindus, whom it formerly declared enemies of the state. In the past, authorities used the act to seize property abandoned by minority religious groups, especially Hindus, who fled the country, particularly following the Indo-Pakistani War of 1965.

According to law, if a lower court orders the death penalty, the High Court examines the verdict for confirmation of the punishment.

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

Government Practices

On March 12, according to media reports, a Bangladeshi Speedy Trial Tribunal convicted and sentenced to death four Muslim members of JMB, a violent extremist group, for their involvement in the 2016 killing of a Hindu priest. The victim, Jogeshwar Roy, chief priest at Sri Swanta Gouria Monastery, was stabbed to death while organizing prayers at the temple.

At year’s end, the death sentence of seven individuals for their roles in the July 2016 killing of 22 mostly non-Muslim individuals at the Holey Artisan Bakery in Dhaka remained on appeal with the High Court. In November 2019, a Bangladesh Special Tribunal convicted and sentenced the seven, while acquitting an eighth defendant.

Legal proceedings against six suspects allegedly involved in the 2015 killing of atheist blogger Avijit Roy continued at year’s end. The trial began in the Anti-Terrorism Tribunal in April 2019. In March, the trial proceedings stalled due to the absence of witnesses. In late March, authorities closed all courts until August due to the coronavirus outbreak, when the trial resumed. In November, two more witnesses provided testimony to the court, bringing the total witnesses to 24.

There was no progress in the court case regarding a 2016 attack on Hindu individuals, homes, and temples in Brahmanbaria District; victims expressed frustration to media over the continued investigation into the incident.

Biplob Chandra Baidya, a Hindu man, remained imprisoned since October 2019 for anti-Islam messages posted to his Facebook account, which he stated was hacked. Rioters vandalized homes and religious temples following the postings.

According to press reports, in January, local authorities arrested a Baul folk singer, Shariat Sarker, for derogatory comments against religion and “hurting religious sentiments,” criminal offenses under the law. Baul singing incorporates elements of Tantra, Sufism, Vaishnavism, and Buddhism. Authorities arrested Sarker following a protest by more than 1,000 individuals and a complaint to police by a Muslim cleric. Authorities denied Sarkar bail at the first hearing of his case at the Tangail District Court on January 29. According to press reports, Sarkar spent six months in jail. In February, a lawyer accused another Baul folk singer, Rita Dewan, of making derogatory comments against Allah during a musical competition. After a video recording of the song went viral, she apologized. Criminal charges were brought against Dewan that same month, and following a police investigation, a court issued a warrant for her arrest in December.

In March, the UN High Commissioner for Human Rights requested the government to “urgently revise the Digital Security Act, to ensure that it is in line with international human rights laws and that it provides for checks and balances against arbitrary arrest, detention, and other undue restrictions of the rights of individuals to the legitimate exercise of their freedom of expression and opinion.”

Human rights organizations reported a decrease in the use of extrajudicial fatwas by village community leaders and local religious leaders to punish individuals for perceived “moral transgressions” during the year. In 2019, there was a reported 54 percent decrease in reported cases of fatwa and village out-of-court arbitrations overall. Media attributed the decline to civil society activism. Fatwas, however, continued throughout the year, including a November edict issued against a sculpture honoring Sheikh Mujibur Rahman, the father of the country.

Although most mosques were independent of the state, the government continued to influence the appointment and removal of imams and provide guidance on the content of their sermons to imams throughout the country through the Islamic Foundation. This included issuing written instructions highlighting certain Quranic verses and quotations of the Prophet Muhammad. Religious community leaders again said imams in all mosques usually continued the practice of avoiding sermons that contradicted government policy. The government maintained instructions to mosques to denounce extremism.

According to the Ministry of Land’s 2018-2019 report, the most recent figures available, as of 2018, authorities had adjudicated 26,791 of 114,749 property-restitution cases filed under the Restoration of Vested Property Act. Of these judgments, the owners, primarily Hindus, won 12,190 of the cases, recovering 10,255 acres of land, while the government won the remaining 14,791 cases. Media reports, rights activists, and the 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.

Freedom House’s 2020 report assessed religious minorities remained underrepresented in politics and state agencies.

Religious minorities continued to state that religious minority students sometimes were unable to enroll in religion classes because of an insufficient number of religious 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 school hours and sometimes exempted students from the religious education requirement.

The Ministry of Religious Affairs had a budget of 16.93 billion taka ($199.2 million) for the 2020-2021 fiscal year, which covers July 2020-June 2021. The budget included 14.25 billion taka ($167.6 million) allocated for development through various autonomous religious bodies. The government provided the Islamic Foundation, administered by the Ministry of Religious Affairs, 8.12 billion taka ($95.5 million). The Hindu Welfare Trust received 1.435 billion taka ($16.9 million), and the Buddhist Welfare Trust received 46.8 million taka ($551,000) of the total development allocation. While the Christian Welfare Trust did not receive development funding from the 2020-2021 budget, it received seven million taka ($82,400) to run its office.

Hindus, Buddhists, Christians, and members of other minority religious communities, who are also sometimes members of ethnic minority groups, continued to report property and land ownership disputes and forced evictions, including by the government, which remained unresolved at year’s end. Some human rights activists said it was often difficult to determine whether these disputes and evictions were a result of deliberate government discrimination against religious minorities or of government inefficiency. The government continued construction projects on land traditionally owned by indigenous communities in the Moulvibazar and Modhupur forest areas. 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 enabled property appropriation for financial gain or shielded politically influential property appropriators from prosecution. Some human rights groups continued to attribute 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 to government policy disfavoring religious or ethnic minorities. Indigenous groups in the Chittagong Hill Tracts, in particular, have large communities of Buddhists, Hindus, and Christians. A portion of these communities speak tribal languages and do not speak Bangla, making it difficult to access government registrations and services and further disenfranchising these groups.

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, celebrations during the Christian holidays of Christmas and Easter, and the Buddhist festival of Buddha Purnima. During the year, the government assisted places of worship implement COVID-19 precautions during major festivals.

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 January, the Election Commission rescheduled local Dhaka elections after students and faith groups protested scheduling the election during a Hindu festival.

In January, the government said it would lift education restrictions for young Rohingya refugees. According to Minister of Foreign Affairs AK Abdul Momen, “We don’t want a lost generation of Rohingya. We want them to have education. They will follow Myanmar curricula.” Due to the COVID-19 pandemic, all schools in the country remained closed beginning in March.

In September, Minister of Education Dipu Moni participated in an interreligious gathering on education, resilience, respect, and inclusion promoting what she termed the country’s history of religious harmony and tolerance for all faiths.

Barbados

Section II. Status of Government Respect for Religious Freedom

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 requires religious groups to register only in order to obtain duty-free import privileges and tax benefits. A religious group must file the relevant customs and tax forms with the Corporate Affairs and Intellectual Property Office, 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 nondenominational Christianity. 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 younger than age 21, consent of parents or guardians.

By law, vaccinations are required for all school-age children attending both public and private schools as well as those who are homeschooled. The vaccination program is administered through the Ministry of Health, in cooperation with the Ministry of Education. There are no exceptions for religious beliefs. Homeschooled children must be registered with the Ministry of Education.

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

Government Practices

In October, the government announced its approval of an exemption for official photographs to allow male and female applicants to wear religiously-mandated head coverings. Government officials said the exemption would apply to passport, drivers’ licenses, and national identification card photographs, among others. Muslim and Rastafarian communities requested the exemption and said they were pleased with the outcome.

On September 15, the government announced its intention to decriminalize the personal use and possession of small amounts of marijuana (half an ounce or less), legally recognize same-sex civil unions, and raise the question of whether same-sex marriage should be legal through a public referendum. Leaders of the Anglican and Pentecostal Churches expressed opposition to the legalization of same-sex marriage. According to the government, the decision to recognize same-sex civil unions was justified to protect individuals’ civil rights. According to media, on September 22 the Anglican Church of Barbados announced it would not recognize the legitimacy of same-sex marriage. The Anglican Church said its decision was based on the 1998 Lambeth Conference of Anglican Bishops in England, which found that marriage is a lifelong union of a man and a woman. Anglican leaders said they would not perform same-sex marriage ceremonies. Leaders of other religious groups also said they would oppose any government actions that would compel them to perform same-sex marriage ceremonies.

Based on media reports, there appeared to be minimal opposition from mainstream religious organizations to the government’s marijuana decriminalization decision, which makes possession of small amounts unlawful and subject to a fine of 200 Barbados dollars ($100) rather than an arrest. An ICAR member said the Rastafarian community welcomed the decriminalization decision and hoped it would ultimately lead to measures enabling them to engage in marijuana cultivation on their farms for personal use as well as commercial opportunities. The ICAR representative said the commercial and medicinal benefits of marijuana cultivation were well established, and the community was optimistic about further liberalization.

ICAR head Asheba Trotman reported the discrimination she said her community experienced in years past had diminished and for the most part its members were accepted. Trotman said that among its younger members, Rastafarianism was considered a cultural movement with a strong connection to the African legacy that the vast majority of Barbadians shared. She said younger members did not think of Rastafarianism as a religious organization.

According to Trotman, Rastafarians continued to object to the government’s vaccination requirement for school enrollment.

Leaders of religious organizations said COVID-19 public health restrictions on gatherings, although applied equally in the country, adversely impacted their finances, limited their ability to conduct in-person services, and hampered their membership growth prospects. Several organizations reported they successfully implemented online services to offset the public gathering limits.

Belarus

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution grants individuals the freedom to profess any religious belief and participating in the performance of acts of worship is 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 office takes part in drafting and implementing state policies on religious affairs, enforces and protects religious rights and freedom, monitors activities of religious organizations and compliance with their charters, regulates relations between the state and religious organizations, liaises with state agencies and religious organizations upon their request, promotes tolerance and mutual understanding between religious organizations of various faiths and nationalities, and researches dynamics and trends in interdenominational relations to prevent “religious exclusiveness” and disrespectful treatment of religions and nationalities. OPRRNA has one deputy and the office has two subdivisions, a section for religious affairs and a section for nationalities affairs. The executive committees of the country’s six regions and Minsk city have departments for ideology and youth engagement, which include religious issues. These departments are independent from OPRRNA but share information. The plenipotentiary representative heading OPRRNA is appointed and dismissed by the President, based on a nomination from the Council of Ministers. The plenipotentiary office performs the functions of a government body and is subordinate to the Council of Ministers.

The law recognizes the “determining role” of the BOC, an exarchate (affiliate) 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 Church 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 Orthodox patron saint.

The concordat serves as the framework for agreements between the BOC and individual state agencies. There are at least a dozen agreements, including with the Ministries of Defense, Health Care, and Information. There is also an agreement with the Ministry of Education through 2020 that provides 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 older than 18 who live in one or several adjoining areas. Religious associations must include at least 10 religious communities, and one of these communities must have been active in the country for at least 20 years. National-level religious associations have the ability to institute regional and local level religious associations. 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 OPRRNA data, as of January 1, there were 25 religious faiths and denominations registered in the country, encompassing 3,389 religious communities and 174 religious associations, monasteries, missions, brotherhoods, sisterhoods, and schools. The BOC has 1,709 religious communities, 15 dioceses, six schools, 35 monasteries, one mission, 15 brotherhoods, and 10 sisterhoods. (The latter two are clergy-led lay organizations.) The Roman Catholic Church has four dioceses, six schools, 11 missions, nine monasteries, and 498 communities. Protestant religious organizations of 13 denominations encompass 1,038 religious communities, 21 associations, 22 missions, and five schools. There are 34 registered religious communities of Old Believers. There are three Jewish religious associations – Orthodox, Chabad-Lubavitch, and Reform Judaism – comprising 53 communities, including 10 autonomous communities. In addition, 24 Muslim religious communities – 23 Sunni and one Shia – are registered.

The national religious associations are 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 containing 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 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 as well as its rituals, practices, history, and forms and methods of activities; welfare and charitable services; proselytizing and missionary activities; approaches toward 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 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, and a negative evaluation by the state-appointed religious commission of experts. Communities may appeal refusals in court.

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 does not contain a provision for appealing a warning or suspension.

The housing code permits religious groups to hold services at residential premises if local authorities grant permission. 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 organizers to notify authorities of a mass event, including those involving religious groups, planned at a designated location no later than 10 days before the event. Authorities must inform organizers of a denial no later than five days before the event. Denials may be issued for one of two reasons: the event conflicts with one organized by a different individual or group; or the notification does not comply with regulations. Organizers of mass events outside designated locations must apply at least 15 days in advance, and authorities are required to respond no later than five days prior to the event.

The government has a system of reimbursements for security, medical, and cleaning services required from organizers of mass events, including religious events held outside of religious premises and sites, rallies, competitions, cultural events, festivals, concerts, and similar occasions. If an application is approved, organizers must sign contracts for such services two days in advance and must reimburse all costs within 10 days.

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 restitution to local authorities. The law on religion specifically bans the restitution of seized property being used for cultural or sports purposes

The law permits associations and national associations to establish schools to train clergy but 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 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’s 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 clergy 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. 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 – a decision which cannot be appealed.

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

Government Practices

The August 9 presidential election, which civil society and human rights groups, the Organization for Security and Cooperation in Europe, the European Union (EU), the United Kingdom, and the United States, among others, stated was fraudulent, prompted massive peaceful protests. The government responded with what most observers considered a brutal crackdown against what it deemed to be “unauthorized mass events.” Human rights groups reported more than 33,000 persons were detained and at least four killed by security forces by year’s end. Some of the “unauthorized” gatherings were organized by religious groups in response to violent actions by security forces and widely reported human rights abuses. Because religion and politics are often closely linked, it was sometimes difficult to categorize incidents in which religious communities participated as being solely based on religious identity.

The peaceful public protests generally sought an end to violent action by police and called for the release of political prisoners, investigations into human rights abuses by the authorities, Belarusian leader Alyaksandr Lukashenka’s peaceful departure from office, and new free and fair elections. Those postelection protests that involved public prayer largely focused on calling for peace and an end to violent actions by authorities. Some clergy were among those detained during the postelection protests. For example, on August 13, Orthodox priest Uladzimir Drabysheuski stood in front of the investigative committee office in Homyel holding a banner that said, “Stop the Violence.” A district court convicted him on charges of participating in an unauthorized mass event and sentenced him to 10 days in jail on September 18. He was additionally convicted on similar charges for a protest on September 6 and given a sentence of 15 additional days of arrest on September 28.

Forum 18, an international nongovernmental organization (NGO) focused on international religious freedom, said in October there were “violations of freedom of religion and belief and of the interlinked freedoms of expression, association, and assembly in the country” that “worsened amid widespread continuing protests against falsified results of the August 2020 presidential election and against the regime’s other serious violations of the human rights of the people it rules.” The NGO stated that the government detained and charged individuals with civil penalties for participating in unauthorized mass events when they took part in public prayer events that called for peace and an end to violent actions by security forces in Minsk, Hrodna, Lida, and other cities.

On August 26 and 27, members of religious communities were among the protesters in Minsk’s Freedom Square – also the location of Orthodox and Roman Catholic cathedrals – who intended to march to Independence Square. During the protest events, Uladzimir Vladimir Mayoraurov, a Protestant, was detained and sentenced to eight days in jail after preaching against violence to riot police in Freedom Square. On August 27, a group of Protestants led by Pastor Taras Telkouski of Trinity Church prayed outside the doors of the Holy Spirit Orthodox Cathedral on Freedom Square and then marched to the nearby Roman Catholic Blessed Virgin Mary Cathedral. Telkouski was detained, charged with “organizing an unauthorized mass event,” and fined 810 rubles ($310).

According to media reports, on August 16, while security forces indiscriminately detained and beat protesters in Minsk, riot police also detained Aleksandr Fruman. Upon learning that he was an Israeli citizen, police beat him with a rubber truncheon while shouting anti-Semitic insults, according to Fruman, and told him that “it was time to get another circumcision.” He was released a few days later. Jewish community leaders said they observed no increase in anti-Semitism during the postelection protests, and they did not express concerns that their community members who participated were targeted for their ethnicity or religious beliefs by police.

Religious leaders spoke out together against violence and in favor of societal dialogue after the August 9 election, expressing sympathy for those hurt in the violence. On August 14, in his address to Lukashenka and government officials, Archbishop Kondrusiewicz said, “In the name of such a necessary peace in our Fatherland and national harmony, I appeal to authorities to start a constructive dialogue with society, end the violence, and immediately release all innocent citizens detained at peaceful rallies.” He condemned “the bloodshed on the streets, the beating of peaceful demonstrators who want to know the truth, the cruel treatment of detainees, and their detention in inhuman conditions in prisons” as “a grave sin on the conscience of those who give criminal orders and commit violence.” On August 17, then Belarusian Orthodox Metropolitan Pavel visited a Minsk hospital, where he stated that the BOC was apolitical, but he spoke out against violence and noted the hospital’s patients included protesters, bystanders, and those injured in police custody. On August 18, the Catholic Church in Belarus – together with the BOC, Protestant denominations, and Jewish and Islamic communities – hosted an interfaith service in Minsk to pray for a peaceful resolution to the postelection crisis and an end to violence and hatred among all sides. In response, authorities said remarks by religious leaders constituted interference in political affairs.

On August 31, border guards denied Archbishop Kondrusiewicz reentry into the country after a trip to Poland. The Archbishop had spoken out against violent actions by security forces and prayed in front of a detention center in Minsk after unsuccessfully trying to visit peaceful protesters arrested following the August election. Kondrusiewicz, a Belarusian citizen, said he was given no explanation at the border for why he was denied his legal right to return. Authorities said they placed him on a no-entry list and revoked his passport while they probed allegations he maintained multiple citizenships. The Archbishop reportedly only maintained Belarusian citizenship. On December 23, Lukashenka allowed Kondrusiewicz to return, following repeated intervention by the United States, EU member states, and the Vatican.

Religious community leaders condemned the authorities’ actions barring Archbishop Kondrusiewicz from the country. Bishop of the Pentecostal communities Leanid Varanenka stated on September 1 that Kondrusiewicz “raised his voice in defense of peace, mercy, and unity and in condemnation of violence, lies, and hatred. This is the spiritual, moral, and ethical duty of any clergy and does not represent political activity.”

On April 7, the Prosecutor General’s Office refused a request from Russia to extradite member of Jehovah’s Witnesses and Russian citizen Nikolai Makhalichev, who was subsequently released after being arrested during an identity check in Haradok, Vitsebsk Oblast, on February 21. Makhalichev applied for asylum on the day of his arrest, and the government later approved his request. He told the press that he was not aware of a criminal case opened against him in Russia in 2019 on charges of “organizing and financing an extremist organization,” allegedly based on his religious practice as a member of Jehovah’s Witnesses. Jehovah’s Witnesses are classified as “extremists” under Russian law.

Human rights defenders said they remained concerned about the authorities’ ability to apply charges arbitrarily for organizing, running, or participating in unregistered religious organizations. Authorities did not use this provision of law specifically against religious organizations during the year, but human rights organizations said they continued to view it as a threat against religious freedom.

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 give authorities a pretext for denying applications from unfavored groups.

Nontraditional religious groups continued to state the procedure for registering and using residential premises for religious gatherings remained cumbersome and arbitrary. During the year, authorities in Lida and Barysau rejected applications from communities of Jehovah’s Witnesses – two new applications in Lida and an appeal of a denied application in Barysau. In addition, OPRRNA denied two applications from the Jehovah’s Witnesses to register a mission.

Some minority religious groups stated that they did not apply for registration because their members feared harassment by authorities and did not want to submit their names, as required by the application process. Other minority religious groups preferred to negotiate registration and other concerns with local authorities, but few registration attempts were made during the year. Some communities said they decided to postpone their registrations until the end of the COVID-19 pandemic due to health concerns.

As of year’s end, the government had taken no action on a November 2018 UN Human Rights Committee recommendation that the state repeal mandatory state registration of religious communities.

Many unregistered religious groups stated they continued to maintain a low profile because of fear of prosecution and perceived government hostility. Some registered religious communities said they were reluctant to report restrictions because they feared drawing attention to themselves.

Prior to the COVID-19 pandemic, authorities granted permission on a regular basis to clergy who requested access to visit prisoners. Some clergy were denied permission to visit protestors who had been detained after the August 9 election. Many prisons maintained designated Orthodox religious facilities that Belarusian Orthodox clergy were occasionally allowed to visit through the year.

On September 16, a district court in Lida fined local resident Alyaksandr Shor 270 rubles ($100) for praying outside the Catholic Church of the Exaltation of the Holy Cross. He was part of a group of residents who had gathered to pray there for the return of Archbishop Kondrusiewicz from Poland.

On October 16, a court in Lida fined Roman Catholic and Polish community activist Irena Bernatskaya 810 rubles ($310) for an “unauthorized mass event” led by a group called “Mothers in Prayer,” in which participants gathered to pray for an end to violent actions by security forces outside the walls of the local Roman Catholic cathedral on August 12.

On October 21, Slutsk police dispersed a flower-laying ceremony by Slutsk residents to commemorate victims of the Holocaust. The traditional red and white carnations used for the commemorations matched the historical Belarusian national colors that the opposition and protestors adopted as their own and authorities opposed. Police arrived after approximately 12 to 14 persons placed the flowers near a Holocaust memorial. The small group left the area after a police detention van arrived. According to the organizer, the group did not plan a large rally and had not applied for permission to gather in advance. On October 26, at least four Slutsk residents were fined or were sentenced to 10 days in jail for participating in an “unauthorized mass event.”

On November 18, the General Prosecutor’s Office issued warnings to BOC spokesperson Father Syarhey Lepin and Catholic Bishop Yury Kasabutski. The two were rebuked for their Facebook criticism of authorities’ decision to destroy an unofficial memorial at the site of the beating of Raman Bandarenka, a Minsk resident who died on November 12 after he had been detained and sustained fatal injuries while in police custody. Lepin wrote, “What was the purpose of this diabolic trampling upon candle lamps and icons?” The General Prosecutor said the clergymen’s “statements were aggressive” and “increased tension in society [and] stirred up hatred against the government and hostility towards these social groups.” The warnings came after Lukashenka’s November 17 remarks that “we can’t tolerate this mockery” and his instructions to law enforcement authorities “to make legal assessments of the church officials’ words,” since “there will be no memorials heralding a civil war, as they say, in Minsk or elsewhere.” Lepin resigned as BOC spokesperson after the warnings.

On November 30, a court in Ivatsevichy in Brest Oblast tried Greek Catholic priest Vitali Bystrou for participating in an alleged “unauthorized mass event” in the city of Brest on October 25 and sentenced him to 10 days in jail. While police claimed Bystrou was among protesters holding red and white flags, the priest explained he was simply walking from the church to a train station in his religious clothing, which “is acceptable for my faith.”

On December 3, a court in Rasony District sentenced local Roman Catholic priest Vyachaslau Barok to 10 days in jail for propagating Nazi symbols. Barok, who is also a well-known blogger, posted a photograph of a red and green swastika (the colors of the official Belarusian flag that Lukashenka introduced in 2012) and an emblem with the slogan “Stop Lukascism” on his Instagram account, referencing Lukashenka.

On December 7, police in Vitsebsk arrested local resident Ala Raschinskaya, who had prayed for victims of political repression outside the Catholic cathedral on November 13, and sentenced her to 10 days in jail.

On December 8, authorities in Vitsebsk detained Greek Catholic priest Alyaksei Varanko, Roman Catholic priest Viktar Zhuk, and layman Alyaksei Karyakau for participating in “unauthorized mass events.” They were released the next day after a court dismissed their cases. In a retrial on December 24, the three were warned not to participate in such events in the future.

According to observers, the government continued surveillance of various Protestant denominations. The sources stated that 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, including from the security forces, 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.

Religious groups, especially Protestants and Jehovah’s Witnesses, continued to report they remained cautious about proselytizing and distributing religious materials due to their perceptions that they could face intimidation or punishment.

Orthodox literature remained available countrywide. According to media accounts, the BOC was free to proselytize without restrictions on television and in print media as well as in public spaces. Unlike other religious groups, the BOC continued to participate in government-sponsored public events, such as rallies or celebrations, without the need to seek prior approval from authorities. For example, on July 3, the Belarusian Orthodox Metropolitan participated in the annual “Belarus Remembers” Independence Day commemoration along with Lukashenka, veterans, public officials, soldiers, civil society representatives, and Minsk residents. In addition, regional authorities often engaged BOC representatives in their events. On June 5, forestry officials in the town of Slonim and students and faculty of the Minsk Spiritual Seminary planted birch and pine trees, an event which the BOC reported was inspired and organized by Navahrudak Diocese archpriest Dimitri Syemukha.

The national government approved the importation of literature requested by Jehovah’s Witnesses during the year.

After religious leaders called on the security forces to end violent action against peaceful protestors and urged a genuine national dialogue between Lukashenka and the opposition, state-run Radio Belarus One stopped the nationwide broadcast of the 40-minute Roman Catholic Sunday masses from the Cathedral of the Blessed Virgin Mary in Minsk, as well as a brief news summary from Vatican Radio on August 23. Roman Catholic leadership noted the importance of broadcasts during the COVID-19 pandemic, when believers chose not to attend services in order to limit the spread of COVID-19. The state-run Belarusian TV and Radio Company refused to air the annual December 25 Christmas message from the Roman Catholic Church without explanation. The television station did, however, stream the Roman Catholic midnight Mass on December 24.

Authorities continued to deny requests to give the Belarus-based Catholic radio station Radio Mariya a media broadcasting license that would supplement its internet broadcasting. The Ministry of Information denied Radio Mariya’s fifth application in April.

According to local religious groups, communities chose not to pursue many new purchases or rentals of properties as places of worship during the year, partially due to the political situation and the COVID-19 pandemic. However, many communities reported that they did not believe that they faced impediments to purchases or rentals of sanctioned places of worship. Some religious communities with outstanding property cases continued to engage with the government and the legal system to resolve them. Converting residential property for religious use remained difficult. Protestant groups stated they continued to be more severely affected than other groups because they were less likely to own religious facilities, and they said they could not apply for permission to conduct religious activities in private homes because residences were too small to accommodate their numbers.

Saint Simon and Helena Roman Catholic Church parish continued to use its existing church building (also known as the “Red Church”), even though it was owned by the government. During the year, Minsk city authorities billed the parish for costs related to 2018-2019 renovation work, in addition to monthly rent, utilities, and real estate and land taxes, which amounted to a total of 160,000 rubles ($61,600) for 2019. The parish continued to refuse to pay for the land tax, property tax, and renovation work. The parish in 2020 was billed 12,000 rubles ($4,600) monthly. On July 21, St. Simon and Helena Church community members launched a petition seeking the return of the building from the government and collected more than 5,000 signatures in support.

Because of its location in one of Minsk’s main protest sites, authorities occasionally restricted access to the Red Church or chased protesters into it. On August 26, riot police pushed peaceful protesters and journalists into the church and stood guard at the doors, effectively locking them in for approximately an hour. Many of those forced inside engaged in prayer until they were allowed to leave. The government changed the locks on the church’s doors the next day, leaving the parish with one set of keys. Authorities also reportedly cut electricity to the building during rallies outside the church on August 23-25. On August 26, the then-vicar general of the Minsk-Mahilyou Archdiocese, Bishop Yury Kasabutski, condemned the “unacceptable and illegal actions” of riot police and the government and called on authorities to investigate incidents and guarantee freedom of conscience and expression. On September 11, riot police blocked entrances into the church to prevent protesters from hiding inside and detained a number of protesters who fled there. Police reportedly did not detain worshippers or individuals in the church who were present to pray.

Representatives of the Roman Catholic, Belarusian Orthodox, and Protestant communities said authorities did not charge them fees for their religious events. In some cases, however, community leaders had to take personal responsibility for maintaining order and safety at such events. Observers stated that the system of reimbursements for security, medical, and cleaning services for organizers of mass events adopted in 2019 was not intended to prohibit regular worship, nor was it doing so in practice. There were fewer religious events in 2020 due in part to COVID-19 pandemic restrictions. For the ones that were held, authorities did not charge fees, seek reimbursements, or implement other restrictions that had previously forced organizers to cancel similar events.

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 Belarusian Orthodox priests to lecture to students, organize tours of Church facilities, and participate in Belarusian Orthodox festivities, programs, and humanitarian projects.

On January 23, Lukashenka signed a decree allocating 1.2 million rubles ($474,000) from reserve funds to cover salaries of professors and employees, as well as stipends for students, of the Belarusian Orthodox seminaries. Protestant groups and the Roman Catholic Church said their schools did not receive any financial support from the government.

On March 26, the BOC and the Ministry of Education signed a 2020-2025 program of cooperation, noting the importance of continued engagement between the church and the government. The program included seminars, lectures, tours to BOC sites, and joint commemorations and celebrations.

Religious groups said the government continued to apply visa regulations inconsistently, which affected the ability of foreign missionaries to live and work in the country. On September 2, OPRRNA on short notice canceled permission to work and preach for Father Jerzy Wilk, a Polish citizen and priest of St. Michael the Archangel Church in the village of Varapaeva in the Vitsebsk region. Wilk departed the country shortly afterwards after having served the community since 2003. While OPRRNA gave no explanation for the decision, representatives of religious communities continued to say that unofficially the government wanted local religious communities to train local citizens as clergy rather than rely on foreigners.

On September 29, Bishop Kasabutski denied allegations that the Roman Catholic Church was used by external forces for political purposes. In a sermon, he said the political allegations made by the head of Russia’s Foreign Intelligence Service (SVR), Sergei Naryshkin, as reported by the SVR press service on September 29, were “fake.” The bishop added that Naryshkin’s allegations that “the United States of America, the CIA, and other organizations are trying to use the Roman Catholic Church to undermine the state system in [Belarus]” were absurd and were “a lie that has nothing to do with the truth.” He said, “Today the Roman Catholic Church tells the truth about the situation in the country, denounces the violence, and calls for solidarity, unity, concord, peace and forgiveness,” adding, “This is how we probably prevent someone from implementing certain scenarios aimed at causing a split in our society and bloodshed.” The bishop also dismissed speculation about tensions in relations among various religious groups in the country. State media reported only Naryshkin’s allegations against the Catholic Church and not the bishop’s statements.

Roman Catholic bishops continued to state that foreign priests faced multiple challenges, including a lengthy government approval process before obtaining permission to celebrate Mass; visas often issued for only three to six months; and administrative difficulties when trying to renew visas. In August, however, local bishops reported that authorities renewed all requested visa applications that had been submitted or were pending review.

According to Forum 18, the government continued to refuse Klemens Werth, a Catholic priest from Russia, permission to engage in religious work. He was allowed to remain in Vitsebsk to continue building a new church, but since he was a foreigner, he was banned from celebrating Mass or otherwise serving.

During the year, Lukashenka repeatedly stated that the political unrest in the country had been supported and financed by Poland along with the Baltic states and the West more broadly. He said the Roman Catholic Church was involved. After authorities barred Archbishop Kondrusiewicz from reentering the country from Poland, Lukashenka stated on September 1 that the Archbishop, a Belarusian citizen, had received “instructions” while in Poland on how to “destroy” Belarus. On November 2, Lukashenka said, “The BOC is not bringing clergy from abroad, from countries foreign to our country, as it is being done by some other denominations. We cannot accept any clergy from Poland when Catholic Poland has taken such a [hostile] position against us. It is not normal.” He urged the Roman Catholic Church to train “more local clergy.”

During the year, the leaders of New Life Church in Minsk continued discussions with city authorities on its status and operations. The government froze the assets of the Church in 2010. The Church continued to use its building for religious purposes, but there were no developments regarding the asset freeze, which remained in place at year’s end.

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. The groups said they faced government harassment if they tried to raise donations at other locations.

Speaking at a January 27 event to commemorate International Holocaust Remembrance Day, Deputy Foreign Minister Andrey Dapkiunas emphasized the importance of commemorating the Holocaust “in reiterating the moral, political, and social meaning of the call ‘Never Again,’” which, he said, was “a challenge that still faces humanity – one that demands continuous work.” The chairman of the House of Representatives, Uladzimir Andreichanka, joined world leaders at the January 23 World Holocaust Forum in Jerusalem, and the deputy chairman of the Council of the Republic, Anatoly Isachanka, attended the ceremony marking the 75th anniversary of the liberation of the Auschwitz-Birkenau concentration camp in Poland.

On October 15, the Vitsebsk Jewish community, private donors from Russia, and local authorities unveiled a memorial honoring the 350-year-long history of the local Jewish population at the site of the Jewish cemetery in the village of Yanavichy in Vitebsk Oblast. Community members and local authorities also cleaned the cemetery and cataloged unearthed gravestones.

Belgium

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for 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 it 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 clergy (according to law, to qualify 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. Discrimination based on Jewish descent is distinguished from discrimination against Jewish religious practices. The maximum sentence for Holocaust denial is one year in prison. Courts have interpreted that an antiracism law that prohibits discrimination on the basis of nationality, race, skin color, ancestry, national origin, or ethnicity may be applied to cases of anti-Semitism.

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

The law does not define requirements to obtain official recognition. The Ministry of Justice specifies the legal basis for official recognition. A religious group seeking official recognition applies to the Ministry of Justice, which then recommends approval or rejection to parliament, which votes on the application. 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 granting 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 the religious curriculum in schools, and oversight of the management of houses of worship.

The federal and regional governments provide financial support for officially recognized religious groups. Federal government subsidies include direct payment of clergy salaries and pensions, while regions subsidize maintenance and equipment costs for facilities and places of worship, as well as clergy housing, and oversee finances and donations when the legal exemption amount is exceeded. 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 do not receive government subsidies but may worship freely and openly. Three organizations outside of the recognized religious groups also receive subsidies by law: the Belgian Muslim Executive, the Belgian Buddhist Union, and the Secular Central Council.

There are procedures for individual houses of worship of recognized religious groups to apply to obtain recognition and federal 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, and certification of the minister of religion by the relevant interlocutor body. 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. Individuals wearing face coverings that cover all or part of the face in public are subject to a maximum fine of 137.50 euros ($170). In addition, the penal code stipulates violators may be sentenced to a maximum of seven days’ imprisonment.

Outside of the Brussels region, which still allows ritual slaughter without stunning, the law prohibits the slaughter of animals without prior stunning. The legislation does not prevent halal and kosher meat from being imported from abroad.

By longstanding practice rather than law, the government bans the wearing of religious symbols by employees in public sector jobs requiring interaction with the public. The ban does not apply to teachers of religion in public schools.

The constitution requires teaching in public schools to be neutral with respect to religious belief. The public education system requires neutrality in the presentation of religious views outside of religion classes. All public schools offer religious or “moral” instruction oriented toward citizenship and moral values. Outside of Flanders, these courses are mandatory; parents in schools in Flanders may have their children opt out of such courses. Francophone schools offer a mandatory one-hour-per-week “philosophy and citizenship” course plus an additional one-hour mandatory course on either philosophy and citizenship or 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 degree of religious expression varies but must follow a principle of “neutrality.” Because “neutrality” is not defined explicitly in the constitution in the context of religious expression, most state-funded institutions follow one of two principles: “inclusive neutrality,” where individuals must remain neutral in their behavior but may wear religious symbols, or “exclusive neutrality,” where there is a total ban on religious attire and the education provided must also be neutral.

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 (limited to schools operated by recognized religious groups), 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, independent agency responsible for reviewing discrimination complaints, including those of a religious nature, and attempting to resolve them through mediation or arbitration. The agency lacks legal powers to enforce resolution of cases but may refer them to the courts.

The federal 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.

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

Government Practices

The federal government granted recognition on September 30 to the Belgian Buddhist Union, which applied as a group representing a nondenominational philosophy of life, rather than as a religious community. The Buddhist Union, which first submitted its application in 2008, had already been receiving a subsidy from the federal government before its recognition. An application for recognition from the Belgian Hindu Forum, submitted in 2013, remained pending, as did its application to receive a government subsidy. There were no other pending requests by religious groups.

Some observers continued to state that a number of mosques opted not to seek official recognition because they received sufficient foreign funding and preferred to operate without government oversight. Some observers stated the lengthy, bureaucratic process of obtaining recognition also acted as a deterrent. The stated government policy was to extend recognition to more mosques (which would make them eligible for government funding) to curb foreign, radical Islamic influence by reducing the mosques’ reliance on foreign funding and providing authorities with greater oversight.

According to local media, nine mosques in the Brussels-Capital region, including the Great Mosque of Brussels, which submitted its application in January, had pending recognition requests. Mustapha Chairi, the President of the Belgian Collective Against Islamophobia, stated that recognition was slowed by “political obstacles” and cited inefficiencies in the Ministry of Justice’s administrative process.

The Flemish government announced it was reinforcing its policy of conducting enhanced security screening against possible radicalization of imams or worshippers and against foreign influence at mosques, including by requiring all religious communities and places of worship to submit to a four-year probation period prior to official recognition. Then-Flemish regional Minister-President Liesbeth Homans, also of the New Flemish Alliance Party, questioned the existing recognition of some mosques and withdrew recognition of the al-Ihsaan Mosque in Leuven during the year. At year’s end, there were 87 recognized mosques: 39 in Wallonia, 27 in Flanders, and 21 in Brussels. The Belgian Muslim Executive estimated there were a total of 300 mosques in the country, both recognized and unrecognized.

In November, Flemish Minister for Social Affairs Bart Somers presented a bill in parliament to revise the recognition application process, as well as reopen religious communities’ applications for recognition that then-Regional Interior Minister Homans had suspended in 2017. The bill included the ban on foreign funding and influence, as well as the mandatory four-year probationary period that the Flemish government established as policy in the previous year. In a November interview with Flemish public television network VRT, Somers stated 50 to 100 local religious communities had pending applications for recognition, some dating back to the 2017 moratorium.

On December 4, Justice Minister Vincent Van Quickenborne suspended the recognition process for the Great Mosque of Brussels, stating that, according to the country’s civilian intelligence, the mosque had ties with the Moroccan intelligence agency. He also said that all bodies of the Muslim Executive should reexamine and, as needed, replace their leaders because they were no longer representative of all Muslims living in the country, adding that “the same individuals continuously appear, whether in the Muslim Executive or in associated nonprofit organizations.” (The Muslim Executive is composed of four organs focused respectively on mosques, education, social issues, and imams, as well as the Council of Theologians and the Coordination Council for Belgian Islamic Institutions [CIB].) On December 5, the Belgian Muslim Executive, CIB, and Association for the Management of the Great Mosque released a joint statement condemning Van Quickenborne’ s announcement, saying it was “defamatory, insulting, and onerous to declare that our members are spies with interests abroad” and that the suspension violated freedom of religion and the separation of church and state.

According to Belgian online journal The Bulletin, one of the two major English-language, Brussels-based media outlets, the Ghent prosecutor filed a criminal case against the Jehovah’s Witness congregation in Kraainem, charging it with inciting discrimination against a person and a group on the basis of religious beliefs and inciting hatred or violence against a person and a group. According to the report, the prosecutor filed the charges after a five-year investigation based on a complaint by a former member of the congregation, Patrick Haeck, who said Jehovah’s Witnesses shunned him after he exposed a case of sexual abuse. A court held a preliminary hearing in September and scheduled a trial for February 2021.

The ban on face coverings remained unchanged despite the COVID-19 pandemic. Several police precincts, however, reported not enforcing the law. The Brussels Midi police department, for example, reported that it had asked its officers to “use common sense” and analyze situations on a case-by-case basis.

In June, the Constitutional Court ruled in favor of the Haute Ecole Francisco Ferrer, a university in Brussels that had banned religious garments and symbols. The court stated that institutions of higher education had the authority to ban the wearing of religious symbols, specifically headscarves, on campus if they chose to do so, adding the ban violated neither constitutional law nor the European Convention on Human Rights. In July, more than 1,000 mostly female demonstrators gathered in the center of Brussels to protest the court’s decision. The ruling also sparked a social media campaign with the hashtags #HijabisFightBack and #TouchePasAMesEtudes (“Don’t Touch My Studies”). In response to the court’s ruling, some institutions of higher education used social media to announce that headscarves were allowed at their schools.

On December 8, in response to calls from the Jewish community, the Council of State, the country’s highest administrative court, overturned a total ban on collective religious worship services that the government had instituted in October as a protective measure against COVID-19. The prohibition also applied to nonreligious gatherings. According to the council, the ban violated freedom of religion, “a fundamental right of a special nature,” and the right to profess faith collectively with fellow believers “is at the heart of freedom of worship.” The council called the ban “a disproportionate limitation of the freedom of worship” and asked the government to allow worship services again, within certain limits, by December 13. In response, the national government relaxed the measure to allow up to 15 persons to gather in places of worship.

In October, the municipal government of Charleroi opened a second request for public comment on an application to build a mosque in the city’s Lodelinsart neighborhood. Several town residents also voiced their disapproval of the mosque in an independent petition. The Charleroi government had approved the project with modifications in 2019 after receiving 119 complaints against the mosque during an initial public comment period. The city government did not indicate why it reopened the public comment period.

In Court-St-Etienne, the construction of a new mosque was underway and was expected to be finished by mid-2021. The project, whose construction resumed in February 2020 after a year-long pause, was being entirely financed through private donations. According to Abdelhafid Jellouli, the mosque coordinator, the delay was the result of a change in construction plans and delays in finding a new contractor. Local authorities approved the project in 2018 after four previous rejections.

On December 17, the Court of Justice of the European Union issued a judgment that a Flemish animal welfare law requiring the stunning of animals prior to slaughter, including halal and kosher slaughter, was consistent with EU law and did not infringe on the rights of religious groups. The court’s ruling ran counter to the recommendation in September of its advocate general, who had stated that “member states … cannot ignore the EU’s religious freedom protections.” Flemish Minister for Education, Sport, and Animal Welfare Ben Weyts tweeted that “the door is now open throughout Europe to a ban on slaughter without stunning” and called on religious communities to “turn the page.” The judgment followed a legal challenge to the Flemish law and to a similar law passed by the Wallonian regional government in 2019. At that time, the Belgian Constitutional Court had asked the Court of Justice to issue an advisory opinion to confirm the two laws complied with EU law.

Following the ruling, President of the Belgian Federation of Jewish Organizations Yohan Benizri stated, “We plan to pursue every legal recourse to right this wrong.” In an official statement, the President of the Belgian Muslim Executive, Mehmet Ustun, expressed his disappointment with the judgment, stating, “The Court of Justice thus seems to give in to the growing political and societal pressure from populist movements which are waging a symbolic struggle against vulnerable minorities throughout Europe.”

A large slaughterhouse continued to operate in Brussels, where ritual slaughter was still permitted, but it could not accommodate all requests, particularly during religious holidays. The Brussels government, led by Minister-President Rudi Vervoort, had no policy on ritual slaughter and had stated it would wait for a final ruling before opening a debate.

The Jewish Telegraphic Agency reported in October that the government planned to stop providing soldiers for security around synagogues in Antwerp as part of a broader drawdown of Operation Vigilant Guardian, the military’s domestic counterterrorism mission that provided protection for sensitive sites, such as embassies and certain Jewish community buildings. The Forum of Jewish Organizations of Flemish Jews stated, “The Jewish community needs more, not less, protection in these difficult times.” At year’s end, the soldiers remained in place, and the government had not announced a final decision on whether to end the program.

Police continued to offer a voluntary, day-long course, “The Holocaust, the Police, and Human Rights,” at the Dossin Barracks in Mechelen, site of a Holocaust museum and memorial.

Belize

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The preamble to the constitution acknowledges “the supremacy of God.” The constitution provides for freedom of religion, freedom to change one’s religion or belief, and freedom to express one’s religion or belief in worship, teaching, practice, and observance. It also provides for freedom, either alone or in community with others, to manifest and propagate one’s religion or belief in worship, teaching, practice, and observance. The constitution prohibits discrimination based on religion. It states that no one may be compelled to take an oath contrary to one’s religion or belief. The constitution also stipulates 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.”

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

By law, the BCC, a board including representatives from several major Christian denominations, and the Belize Association of Evangelical Churches (BAEC) alternate in appointing one individual, the “church senator,” to the Senate with the Governor General’s concurrence. The two groups together include the Anglican, Catholic, Methodist, and Presbyterian Churches; Salvation Army; Chinese Christian Mission; Church of Christ; Assembly of God Church; Seventh-day Adventists; and other evangelical Protestant groups. They do not include the National Evangelical Association of Belize (NEAB), which separated from the BAEC in 2015 due to political differences. Non-Christian religious groups are represented by the church senator; they participate in the church senator’s activities but do not play a role in selecting the senator.

By law, the church senator provides advice on public policy affecting the political positions of religious groups. This senatorial seat places the political interests of religious leaders on par with three other senators, appointed to represent labor unions, the business community, and the NGO community, respectively. The Senate is the upper chamber of the country’s two-part National Assembly; members of the House of Representatives run for election, while senators are appointed.

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 ($2.50). 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 do not 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, 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 supported church-run schools may teach lessons on world religions for students from kindergarten through eighth grade as part of their social studies curriculum. These church-run schools also offer separate religious education classes that are specific to their own faith. While there is no official rule governing a student’s ability to opt out of either 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.

Due to insufficient government funds and pre-independence agreements, Christian churches manage most public elementary schools, high schools, and some colleges. Approximately 60 percent of primary schools, 40 percent of high schools, and 50 percent of colleges are comanaged by churches with the government. Churches that co-manage educational institutions include Catholic, Anglican, Methodist, Seventh-day Adventist, Baptist, Nazarene, Salvation Army, evangelical Protestant, Presbyterian, Muslim, Pentecostal, and Mennonite. Schools routinely observe Christian and other religious holidays at the schools’ discretion. Non-Christian religious groups run a few schools, such as the Muslim Community Primary School in Belize City. All schools, public and private, must incorporate the national education curriculum and adhere to government regulations; the Ministry of Education monitors their compliance.

The law grants respect for inmates’ religious beliefs, and 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 holidays (Christmas and Good Friday) and by prisoners recorded as belonging to other religions on their recognized day of religious observance. The law allows the provision of religious scriptures and other books of religious observance 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

In August, authorities arrested and charged an evangelical Protestant pastor under the COVID-19 State of Emergency regulations, which limited gatherings to under 10 persons, after he led a congregation of 16 persons in worship. The pastor was cited and fined by a magistrates’ court.

In September, the government withdrew the introduction of the EOB after the BCC said it was unable to support it in its “current form.” According to religious groups, the EOB provided no specific protections on the basis of religion or personal belief. The stated purpose of the EOB was to ensure equal access to public services, including health care. The legislation aimed to protect individuals from discrimination, harassment, and victimization. The areas of public life covered under the EOB include employment (full-time, part-time, and casual), provision of goods and services, education, accommodation (including rental and hotel accommodation), sport, club and club membership, transfer of land, and administration of laws and programming.

In a public statement, Catholic Bishop Lawrence Nicasio said the “EOB was rushed” and the Catholic Church could not support it because “it gives unparalleled power to the Commission and Tribunal, it endangers the public’s freedom of conscience and freedom of religion, it infringes on parental rights, it suggests that there are more than two genders, and in its present form would do much to confuse the youth of Belize regarding the sacredness of sexuality and that sex is not, first of all, a pleasure source but a way toward holy matrimonial union and conception of children.” The NEAB arranged motorcades across the country to express opposition to the EOB, stating, “It establishes a ‘social re-engineering Commission & Tribunal’ to dictate, enforce, and impose liberal, anti-God standards & values upon the nation of Belize.” The NEAB also said the government did not undertake sufficient consultation with religious groups before drafting the EOB. Rights Insight, a local NGO, conducted a study at the beginning of the year that found 54.6 percent of respondents supported the draft EOB. Prime Minister Dean Barrow, in announcing the withdrawal of the EOB, said, “By and large Cabinet felt that this is a good bill, this is a necessary bill, it is an overdue bill, and Cabinet was very upset at having to make the decision not to proceed with it.” He acknowledged that the churches’ opposition was largely responsible for the EOB’s failure.

The government held discussions with the Council of Churches; then-church senator Ashley Rocke, a Baptist pastor; and several other religious leaders to keep them abreast of government plans of interest to them, including the education budget and the EOB. According to the head of the Council of Churches, while by law the church senator represents all religions, there continued to be little response from non-Christian religious groups to the church senator’s efforts to seek their political perspectives. In December, the Governor General appointed Reverend Alvin Moses Benguche, a Methodist Bishop, as the new church senator on the BCC’s recommendation following the November parliamentary election.

The government continued to permit religious leaders from varying denominations to visit the government-owned and -financed central prison to hold services at the prison’s nondenominational chapel. According to the Kolbe Foundation, COVID-19 restrictions, including a three-week lockdown of the facility, prevented religious groups from consistently providing outreach services to prisoners.

Benin

Section II. Status of Government Respect for Religious Freedom

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 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. Local department and municipal leaders may also issue orders limiting religious practice to maintain public order.

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 ($95). If a group is not registered, the Ministry of Interior may order 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

According to the Ministry of Interior’s Director of Internal Affairs and Religion, the primary catalyst for government involvement in religious affairs was “disruption of public order.” The director said early in the year police intervened in Atacora and Abomey when members of a traditional religious group threatened one another in an internal dispute over leadership succession. In both cases, according to the director, the Republican Police maintained peace by monitoring the disputes and did not use force. Overall, the director stated that government involvement in religious activities was infrequent.

On February 19, Littoral Department (encompassing the de facto administrative capital city of Cotonou) Prefect Jean-Claude Codjia issued an order banning the Voodoo Egungun religious group from publicly holding the Egungun masquerade performance within the department. According to the press, the prefect issued the order following a February 16 internal Egungun conflict which injured six members of the group and caused a public disturbance. The order did not prevent the group from practicing Egungun rituals privately.

On March 21, government officials met with religious leaders from the Catholic Church, Protestant churches, and Muslim groups to discuss the closure of places of worship to limit the spread of COVID-19. Following the meeting, all places of worship were ordered closed. On May 27, the government ordered the reopening of places of worship beginning June 2 in consultation with national religious leaders and the government’s interministerial COVID-19 committee. Many religious groups stated they did not perceive the measures as discriminatory. In a May 12 statement, however, Archbishop of Cotonou Roger Houngbedji said he was “embarrassed” to see “churches remaining closed as mere gathering places, just like bars and places of leisure, while open markets, supermarkets, and other places continued to bring people together.”

The government regularly relied on religious leaders to share accurate information about COVID-19, according to press reports. On March 16, the mayor of Parakou in the north of the country met with religious leaders to ask them to help curb misinformation about the pandemic. On July 15, the mayor of Abomey-Calavi asked religious leaders to distribute masks and hand sanitizer to congregants. On August 5, the mayor of Abomey in the central region discussed management of religious events amid COVID-19 with leaders of indigenous religious groups. Municipal officials also said they explained the roles, responsibilities, and obligations of religious leaders to enforce measures such as social distancing, handwashing, and wearing of masks.

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

Bhutan

Section II. Status of Government Respect for Religious Freedom

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. Neither “coercion” nor “inducement to convert” is defined in law or regulation.

The law prohibits oral or written communication “promoting enmity among religious groups” and provides for sentences of up to three years’ imprisonment for violations.

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” among 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 disclosing their educational background and financial assets. The law also specifies the organizational structure, bylaws, and procedural rules registered religious organizations must follow. It 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. It mandates that the CRO certify that religious groups applying for registration meet the specified requirements.

Registered religious groups may raise funds for religious activities and 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 public religious services, own property, raise funds, conduct outreach activities, or import literature. Penalties for unregistered organizations performing these activities range from fines to prison terms, depending on the offense. 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 the 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, who as of early 2020 was also 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 ex officio as secretary. Heads of Buddhist religious organizations and the Hindu Dharma Samudaya, a registered Hindu organization, 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 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 states, “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

Open Doors continued to list the country on its annual World Watch List with respect to discrimination against Christians, stating that religious nationalism creates broad pressure for citizens to follow Buddhism, especially from family members who sometimes see converting to Christianity as bringing shame on the family and who disown Christian family members.

The CRO approved 14 religious groups during the year, but none were from religious minorities. There are approximately 140 Buddhist groups, two Hindu groups, and no Christian groups registered by the government.

The CRO continued not to approve the pending registration request of any church, which, according to Open Doors, Christians “are technically worshipping illegally,” although Christian pastors reported they were generally able to worship in private. The government did not offer any official explanation to these groups for not registering them.

There were no reports of authorities threatening or forcing house churches to close during the year. One pastor reported that some new home Christian fellowships opened during the year. He said that he was not aware of any cases of the government persecuting religious minorities in the country during the year, in part because COVID-19 restrictions limited gatherings and movement. Open Doors’ 2021 report noted that “Buddhist monks oppose the presence of Christians. In general, local officials overlook this opposition.”

Christian pastors cited acquiring permanent Christian burial plots as a continuing challenge. The community was allowed to purchase one small plot of land for burials in 2019, but access was restricted, and government officials continued to press the community to cremate their dead instead of burying them “due to lack of space in the small country.” Pastors noted that Christians had less access to radio and television broadcasts and fewer officially endorsed public celebrations than the Hindu community. They also said the Christian community believed that ambiguities in religious affairs laws on “inducements” to conversion could be used to penalize the celebration of Christian religious services if they appeared to be proselytizing, which is illegal.

Open Doors’ 2021 report again said that Christians often faced difficulties in obtaining “nonobjection certificates” from local authorities that were required for loan and employment applications and property registration.

The King supported Hindu temples by allotting them land and funding and by participating in Hindu festivals. The King has also participated in the opening ceremony of a new Hindu temple in 2019. Hindu leaders reported increasing religious acceptance, in part due to the King’s public outreach to the Hindu community.

The government continued its financial assistance for the construction of Buddhist temples and shrines as well as funding for Buddhist monks and monasteries. According to Minority Rights Group International, authorities gave Buddhist temples priority over Hindu temples in the licensing process.

The India-based Hindu organization Vishva Hindu Parishad (VHP), an affiliate of the Rashtriya Swayamsevak Sangh (RSS), said that Hindu groups took a “cautious policy” toward the government due to the government’s delay in formally recognizing additional Hindu organizations. VHP said, however, that the government had a “better relationship with the predominantly Nepalese Hindus.”

Some courts and other government institutions remained housed within or adjacent to Buddhist monasteries. Some religious groups stated that government ceremonies continued to involve mandatory Buddhist prayer rituals.

Bolivia

Section II. Status of Government Respect for Religious Freedom

Legal Framework

According to the constitution, the state respects and provides for “freedom of thought, spirituality, religion and worship,” 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 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 Freedom of Religion, Religious Organizations, and Spiritual Organizations Law creates a clear distinction between NGOs and religious organizations. Under the law, religious organizations are constituted to practice, profess, and teach their specific faith or religion, while NGOs have no such faith-based ties. The religious freedom law requires all religious or spiritual organizations to inform the government of all financial, legal, social, and religious activities. The law regulates religious or spiritual organizations’ finances and labor practices by requiring their use of funds exclusively to achieve the organization’s objectives, banning the distribution of money among members, subjecting all employees to national labor laws, requiring the organizations to register with the MFA, and compelling them to pay taxes. Pursuant to a concordat with the Holy See, the Catholic Church is exempt from registration.

Religious organizations must submit 14 documentary requirements to register with the government. These include 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; proof of fiscal solvency; 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 statutes; 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 de Bolivia.” Reregistration also requires any amendments to organizations’ bylaws to conform to all new national laws. Religious and spiritual groups were required to comply with these new registration requirements by the end of 2019.

The fees to obtain an operating license differ between “Religious Organizations” and “Spiritual Organizations,” with costs of 6,780 bolivianos ($1,000) and 4,068 bolivianos ($600), 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

Despite the length of time since the passage of the religious freedom law in 2019, religious leaders and sources in the MFA reported the interim government had not completely implemented or enforced the law, particularly aspects pertaining to the registration requirement, due to the political fluidity in the country and prolonged restrictions related to COVID-19.

Members of the evangelical Protestant community continued to say several smaller religious communities formed congregations that held services at unofficial worship locations and conducted other activities without registering. These smaller communities continued to refuse to register their organizations because, according to sources, they preferred not to provide the government with access to internal information. Sources stated these unregistered groups still could neither own property nor hold bank accounts in their organization’s name; instead, money for a group was generally held in a bank account controlled by the leader’s family. They said the administration of interim President Anez, however, did not interfere with these organizations despite their refusal to comply with the law; they stated the government was likely too occupied with confronting COVID-19 and political turmoil in the country to enforce the registration law.

According to the MFA’s Office of Religion and Nongovernmental Organizations, there were approximately 440 registered groups listed under the requirements of the religious freedom law. According to the MFA, the effects of the COVID-19 pandemic and institutional uncertainty during the period the interim government was in office significantly reduced the number of religious registrations, and the number of registered groups during the year remained approximately the same as in 2019. According to religious leaders, nearly all known religious or spiritual organizations that wished to register with the government had complied with the requirements. Religious groups said the registration process generally took four to six months to complete. In October, MFA officials stated they were working on a system to digitize the registration process to reduce the timeline to one to two months, but the government did not implement the new system by year’s end.

Some leaders of minority religious groups, including Jewish and Protestant, expressed hope the new administration and MFA leadership would organize interfaith meetings to obtain insights from minority faith-based communities and to hear their concerns.

On April 26, via a short video projected in front of the presidential residence in La Paz, interim President Anez called for a day of fasting and prayer to defeat the COVID-19 pandemic and recited a quote from the Book of Isaiah to call for divine help. Although Anez had previously recorded several similar religion-themed videos and posted them on her social media accounts, this marked the first time she set a specific day to hold religious devotions in homes to find unity to confront the pandemic. Several private news articles criticized the event and cited article 4 of the constitution, which established the state as independent of any religion.

During Christian Holy Week, from April 5-12, the interim government launched four helicopter “blessing flights” to commemorate the religious holidays while the population was required to stay at home due to COVID-19 quarantine. The first flight took place on April 9 in Cochabamba, when a priest flew in an army helicopter and scattered holy water over dozens of neighborhoods. On April 15, interim President Anez posted photographs on social media of her waving goodbye to the presidential helicopter as it took off carrying a priest who blessed neighborhoods in El Alto and La Paz. According to the newspaper Opinion, the idea gained the support of then Minister of Defense Luis Fernando Lopez Julio and then Minister of Labor Oscar Mercado Cespedes, who directed the logistics of the flights. Local media sources cited criticism from defense experts of the use of official aircraft for religious activities, and other experts said the helicopters should have been reserved for medical deliveries or search and rescue operations in remote areas. Some local religious organizations applauded the operation; from its Facebook page, the Evangelical Church Agua Viva de la Roca in Tarija urged its parishioners to go to their patios or terraces during the published flyover times with Bolivian or Tarija flags to receive the helicopter blessing and pray together.

During a September 20 appearance on the television program “One Decides 2020,” presidential candidate Luis Fernando Camacho said, “God is going to rule this country,” adding, “God entered the [presidential] palace to change Bolivia” in November 2019, and that a divine miracle occurred when former President Evo Morales resigned just 40 minutes after Camacho placed a Bible inside the presidential palace during the 2019 post-election unrest.

Bosnia and Herzegovina

Section II. Status of Government Respect for Religious Freedom

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 provides for equal freedoms, rights, and duties for all citizens irrespective of religion and prohibits any incitement to religious hatred or intolerance. 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.

The laws of Brcko, a self-governing district, do not encompass freedom of religion. Instead, national laws on religious freedom are applied.

A national law on religion provides for freedom of conscience and grants legal status to “churches and religious communities.” To acquire official status as recognized religious communities, religious groups must register. The constitutions of BiH, the Federation, and RS state that registered religious organizations are allowed to operate freely. Simplified registration procedures applied to religious groups recognized prior to adoption of the law, primarily the Orthodox Church, IC, Jewish Community, Catholic Church, and other Christian groups, including the Evangelical, Baptist, and Seventh-day Adventist Churches, The Church of Jesus Christ of Latter-day Saints, and Jehovah’s Witnesses.

Unregistered religious groups may assemble to practice their religion, but they have no legal status and may not represent themselves as a religious community.

Registration affords numerous rights to religious communities that are not available to those that do not register, including the right to conduct collaborative actions such as do 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 (MHRR) is responsible for documenting violations of religious freedom.

According to 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. Requirements for registration include presenting statutes that define 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. The law 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.” A group may appeal a negative decision to the BiH Council of Ministers. The law allows registered religious communities to establish their own suborganizations, which may operate without restriction.

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.

In addition to registered churches and religious communities, there are educational, charitable, and other institutions, known as “legal subjects,” that belong to these communities but are registered as separate legal entities in the MOJ registry. The IC has 120 legal subjects, the Catholic Church 398, the Orthodox Church 526, and other churches and religious communities and alliances (primarily of Protestant groups) of these communities have 47.

A concordat between the BiH government and the Holy See recognizes the public juridical personality of the Catholic Church and grants a number of rights, including to establish educational and charitable institutions and carry out religious education in public or private schools, and it officially recognizes Catholic holidays. The government and the Catholic Church created a commission to implement the concordat. A similar agreement exists between the BiH government and the SOC, and a commission to implement it was created in September.

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 law on religion states that churches and religious communities are obligated to pay taxes and contributions on earnings of their employees (pension, health, and disability insurance). In the Federation, two of 10 cantons – Western Herzegovina Canton and Herzegovina-Neretva Canton – include religious officials in their health insurance system. Sarajevo Canton does not include religious workers in its health insurance system but offers such insurance to religious officials under more favorable provisions than those available to average citizens. The RS provides pension benefits and disability insurance to religious workers while they have residence in the RS.

All three BiH administrative units have hate crimes regulated within their criminal codes. The provisions in these codes regulate hate crimes as every criminal act committed because of the race, skin color, religious belief, national or ethnic origin, language, disability, gender, sexual orientation, or gender identity of the victim. The criminal codes also stipulate that this motivation is to be taken as an aggravating circumstance of any criminal act unless the code itself stipulates harsher punishments for qualified forms of criminal acts.

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 assume responsibility for teaching religious studies in public and private preschools, 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, who are employees of the schools where they teach, although 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.

In the Federation’s five Bosniak-majority cantons, primary and secondary schools offer Islamic religious instruction as a twice-weekly course, or students may take a course in ethics. In cantons with Croat majorities, Croat students in primary and secondary schools may attend an elective Catholic religion course twice a week or take a course in ethics. In the five primary and 10 secondary Catholic schools spread throughout the Federation and the RS that do not have Croat majorities, parents may choose either an elective Catholic religion course or a course in ethics. The Sarajevo Canton Ministry of Education offers Orthodox and Protestant religious education in addition to classes offered to the Muslim and Catholic communities. The RS Ministry of Education offers elective religious education in secondary schools.

The BiH 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.

The BiH constitution reserves all positions in the House of Peoples (one of two houses of parliament) and apportions other government offices to members of the three major ethnic groups according to quotas. Members of religious minorities are constitutionally ineligible to hold a seat in the House of Peoples. The three-member presidency must consist of one Bosniak, one Croat, and one Serb.

A law against discrimination prohibits exclusion, limitation, or preferential treatment of individuals based specifically on religion in employment and the provision of social services in both the government and private sectors.

The country has no law on restitution that would allow for the return of, or compensation for, property, including property owned by religious groups, nationalized or expropriated under communist rule.

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

Government Practices

The human rights ministry made little progress in implementing 2019 instructions for implementation of the national religious freedom law. In accordance with the instructions, the ministry is responsible for coordinating actions to correct religious freedom abuses and to draft proposals to regulate retirement and health insurance benefits of religious workers. The MHRR took no steps to draft proposals for resolving the issues of rights to pension, disability allowance, and health insurance for religious officials, despite issuing instructions in 2019 stating it would do so and submit the proposals to the government for approval. National, Federation, and RS governments had still not made provisions for religious officials to fully qualify for pensions and health and disability insurance, more than 16 years after the adoption of the law on religious freedom and the 2019 issuance of instructions on implementation of the law stating the MHRR should work with religious group representatives to resolve the issue.

The government again failed to comply with a 2009 decision by the ECHR stating the country should amend its constitution to allow members of minority groups, including Jews, to run for president and the House of Peoples.

The MOJ said it generally processed registration applications by religions groups within a week. There were no reports the ministry denied any registration applications by religious communities.

The Presidency again failed to reach a consensus on the approval of a 2015 agreement 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 one-time travel to Mecca for the Hajj. The Presidency did not inform the MHRR what part of the agreement was not acceptable to it.

In September, the IRC reported the government prohibition against employees of judicial institutions wearing any form of “religious insignia,” including headscarves, at work, remained in place. While there were no instances of the High Judicial and Prosecutorial Council applying the prohibition during the year, an IC representative stated its existence caused uneasiness and uncertainty among Muslims working in or visiting these institutions.

According to officials of religious groups constituting 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 to build new, or repair existing, religious properties. On March 3, three years after the original application, Drvar municipal authorities issued a location permit to the Catholic Saint Joseph Parish in Drvar for the construction of a pastoral and charity center on property owned by the Catholic Church. In 2019, the Livno Canton Ministry of Construction, Space Planning, and Environment ordered Drvar Municipality to issue a location permit to the Catholic Church in Drvar for the construction of the center, overturning the municipality’s initial rejection of the Church’s request.

As of September, the government of BiH had only partially implemented an ECHR ruling ordering it to remove a Serbian Orthodox church the court found was illegally built on plaintiff Fata Orlovic’s property in Bratunac. The lawyer representing Orlovic confirmed the RS government paid Orlovic and her relatives for financial damages. At the end of February, SOC officials removed all religious items from the church, and, for the first time, there was no church liturgy held on the church’s patron saint’s day on September 11. At year’s end, the church building remained in place on Orlovic’s property.

Leaders of the four traditional religious communities in BiH continued to say the country’s continuing lack of any institution responsible for the rights of religious communities and the lack of a law on restitution – for both religious communities and private citizens – hindered efforts on the part of religious communities to resolve the issue of property confiscated and nationalized under communist rule from 1946 to 1965. Jakob Finci, the president of the country’s Jewish Community, repeatedly said the country was the only one in the region that had done nothing to resolve the restitution problem. He said the lack of resolution posed a burden on religious communities, as disputed properties could be an important and much-needed source of revenue for them.

According to religious community leaders, political disagreement over whether the state or the country’s two entities – the Federation and RS – had competency over restitution, as well as the potential cost, were the main barriers to the country’s adopting a law on restitution. According to a study done by the Economic Institute of the Faculty of Economics, University of Sarajevo, just under 7 percent of the total nationalized property in the country belonged to religious communities, and each major religious group had unresolved restitution claims involving high-profile properties. For example, the SOC sought return of its former seminary building, which housed the University of Sarajevo’s Faculty of Economics; the Jewish Community was seeking return of its La Benevolencija building in the center of Sarajevo, which housed the Ministry of Interior of Sarajevo Canton; the Catholic Church was seeking return of its Saint Augustine Institute building in Sarajevo, which housed the Music Academy; and the IC had a claim on the Palata Gazihusrevbeg building in downtown Sarajevo. In some cases, municipal, cantonal, and entity governments engaged in “silent restitution,” where they allowed religious communities to use a property but did not transfer legal ownership. All main religious groups expressed concerns regarding discrimination and unequal treatment of religious communities by the Federation and the RS. All major religious groups in the country said they agreed on the urgent need for a restitution law to be adopted.

In welcoming remarks during a Christmas reception on January 16, SOC Metropolitan Hrizostom called on the BiH Presidency to support, and the BiH Parliament to adopt, a law on restitution of property. He stated that, by failing to return seized properties to churches and religious communities, the government continued to violate basic human and religious rights of believers. On September 17, Catholic Cardinal Vinko Puljic, in a meeting with High Representative Valentin Inzko, the official responsible for overseeing implementation of civilian aspects of the Dayton Peace Agreement, said the government should either return all nationalized properties to religious groups or pay them compensation. In its October report, Key Findings of the Opinion on Bosnia and Herzegovinas EU Membership Application and Analytical Report, the European Commission criticized BiH authorities for failure to adopt a legislative framework for handling restitution cases.

At the end of 2019, the Municipality of Stari Grad Sarajevo began construction of a 5,800 square-meter (62,000 square-foot) building in the center of Sarajevo on a plot of land, ownership of which was partly claimed by four Jewish families and partly by the IC. The Stari Grad Municipality registered itself as the owner of the land, even though the Jewish Community informed the municipality that one of the four original Jewish owners was still alive and the remaining three had living heirs. The families and Jewish Community submitted an appeal to the municipality in 2018, but the municipality rejected it in 2019 and issued a building permit to itself and private investor Amko Komerc. Unlike the Jewish families, several online media outlets, including tacno.net and klix.ba, reported that the IC was compensated for its share of the property.

According to a UNICEF report issued in March, students and teachers continued to experience ethnic and religious segregation, intolerance, and division in a number of ethnically homogenous schools throughout the country, especially in the “two schools under one roof,” where children were segregated from each other based on ethnicity.

Returnee students (those belonging to a minority ethnic group returning to their homes after being displaced by the war) continued to face barriers in exercising their rights to language education. For the seventh consecutive year, parents of Bosniak children in returnee communities throughout the RS continued to boycott public schools in favor of sending their children to alternative schooling financed and organized by the Federation of BiH Ministry of Education with support from the governments of the Sarajevo and the Zenica-Doboj Cantons and the IC. According to media and international organizations, the boycott was based on the refusal of the RS Ministry of Education and Culture (RS MoEC) to approve a group of national subjects (specific courses to which Bosniak, Serb, and Croat students are entitled and taught in their constituent language according to their ethnicity). Parents of one of these schools in Vrbanjci, Kotor Varos, won a court case in December 2019 in which the RS Supreme Court ruled they were entitled to the national group of subjects in the Bosnian language. The RS MoEC, however, failed to implement the decision by the beginning of the new school year in September. As a result, 60 children continued learning in the Hanifici Islamic Center building, with teachers traveling from Zenica-Doboj Canton, approximately 80 kilometers (48 miles) away. In June, lawyers representing Bosniak parents filed a request for execution of the RS Supreme Court decision at the Kotor Varos Basic Court. By year’s end, that court had not responded. Lawyers representing the parents also reported that they had tried to meet with the RS MoEC officials twice, but without success.

According to nongovernmental organizations and media reports, parents often chose to send their children to public school religious education classes to avoid having their children stand out from other children who attend the classes and be exposed to peer pressure. In August, the PRIME Communications agency asked 1,500 persons whether religious education should remain in schools in the country; 52.8 percent of respondents opposed removing religious education from schools; 16 percent were largely against removal; 11.5 percent favored removal; and the remainder did not answer the question.

According to Bosniak Muslim, Croat Catholic, and Serb Orthodox religious communities, authorities continued to enforce selectively the rights of religious groups regarding access to education, employment, health care, and other social services in areas where those groups constituted religious minorities. They said refugees returning to their original communities pursuant to the Dayton Peace Agreement were particularly subject to discrimination. Bosniak returnees again complained that schools in the RS celebrated Saint Sava Day as an official holiday for their schools; Bosniaks said they considered this discriminatory, since Saint Sava is an Orthodox saint.

Representatives of religious minority communities throughout the country reported that their members had difficulties accessing government services and protections, including access to health care, pensions, other social benefits, and the transfer of student records between districts. For example, in July, Cardinal Puljic told an Italian Catholic media outlet that thousands of Catholics left the country every year because of discrimination.

On several occasions, IRC leaders again said local authorities throughout the country continued to discriminate in providing police protection and investigating threats of violence and harassment, and vandalism. While only a few cases were recorded, the IRC said law enforcement officials treated the 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 the IRC, the officials rarely investigated the motives of the acts, which would help distinguish cases of theft from hate crimes. In many instances, IRC leaders said they hesitated to report incidents to the police or media, particularly in areas where their religious group is a minority, fearing that public attention could result in retaliation and greater problems for their community in the future.

The Sarajevo Canton Assembly again failed to implement its 2018 decision to change the name of an elementary school and street in the town of Dobrosevici in the canton’s Municipality of Novi Grad named after Mustafa Busuladzic. Busuladzic was a World War II-era Ustasha figure who glorified Hitler and was known for his anti-Semitism. Both the school and street retained the Busuladzic name.

According to representatives of the Catholic Church, the joint commission for the implementation of the concordat with the Holy See had not met since 2016, and the government had not implemented the agreements reached by the commission earlier, such as legislation on observing religious holidays.

In September, the government and the SOC formed a commission to implement the agreement between the government and the SOC. According to the MHRR, the implementation of the agreement with the SOC had likely been stalled for years due to the absence of a similar agreement between the state and the IC.

The MHRR stated in September it had launched a process to unblock the process of adopting an agreement between the IC and the government.

International and local nongovernmental organizations, academics, and government agencies said each of the country’s major political parties continued to align with the religion practiced by the dominant ethnic group among its membership: the largest ethnic Bosniak parties continued to align with the IC, the largest ethnic Croat parties with the Catholic Church, and the two largest ethnic Serb parties with the SOC.

Botswana

Section II. Status of Government Respect for Religious Freedom

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 religious groups to establish places for religious instruction at their 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 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 ($46) 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. Registration enables religious groups to conduct business, sign contracts, and 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 ($93) and up to seven years in prison. Any member of an unregistered group is subject to penalties, including fines up to 500 pula ($46) and up to three years in prison. According to 2019 data from the Registrar of Societies, there are 2,318 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 it also discussed other religions practiced in the country. Government regulation of private schools did not distinguish among Christian, Muslim, or secular schools. In February, the government adopted a nondiscrimination policy in schools that allows students to wear a hijab or religiously-based head covering.

The government continued to pursue court cases involving unregistered 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. The government required pastors of some of those churches to apply for visas, even those from countries whose nationals were normally allowed visa-free entry. The government ordered the Enlightened Christian Gathering (ECG) in November 2019 to close its church branches in the country following cancellation of ECG’s registration in 2017 over questions of financial impropriety. The Church had appealed the decision, but during the year dropped its court challenge to its deregistration. The ECG, founded by a Malawian pastor who faced charges of fraud and money laundering in South Africa late in the year, had 14 branches in 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.

Brazil

Section II. Status of Government Respect for Religious Freedom

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, including bullying, employment discrimination, refusal of access to public areas, and displaying, distributing, or broadcasting religiously intolerant material. Courts may fine or imprison for one to three years anyone who engages in religious hate speech. If the hate speech occurs via publication or social communication, including social media, courts may fine or imprison those held responsible for two to five years. 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. The law protects the right to use animal sacrifice in religious rituals.

Government regulations require public schools to offer religious instruction, but neither the constitution nor legislation defines the parameters. By law, the instruction must be nondenominational and conducted without proselytizing, and alternative instruction for students who do not want to participate must be available. Schools are required to teach Afro-Brazilian religion, history, and culture. The law allows public and private school students, except those in military training, to postpone taking exams or attending classes on their day of worship when their faith prohibits such activities. The law guarantees the right of students to express their religious beliefs and mandates that schools provide alternatives, including taking replacement exams or makeup classes.

The law prohibits public subsidies to schools operated by religious organizations.

A constitutional provision provides the right of access to religious services and counsel to 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.

A Sao Paulo State law establishes administrative sanctions for individuals and organizations engaging in religious intolerance. Punishment ranges from a warning letter to fines of up to 82,000 reais ($15,800); the increase reflects changes in the law.

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

Government Practices

In March, media reported that the Rio Grande do Sul Public Defender’s Center for the Defense of Human Rights opened an investigation of reports of religious intolerance against an Afro-Brazilian religious group located in a suburb of Porto Alegre. According to media reports, a military police officer threatened the followers multiple times, including with weapons. The reports stated that he and several other persons drove vehicles into the middle of the group’s religious celebrations. The incident was referred to the military police to evaluate the officer’s conduct. The case was pending at year’s end.

In July, media outlets reported electrician Wanderson Fernandes said he would press charges against the mayor of Belford Roxo in Rio de Janeiro for religious intolerance. According to Fernandes, the mayor’s staff deliberately destroyed a sidewalk in front of a Candomble temple, made derogatory statements about his religion, and verbally threatened him in the mayor’s presence for criticizing the mayor’s policies. In July, the Federal Prosecutor’s Office sent a formal request to the mayor to provide his version of events. According to Fernandes, the Belford Roxo city government repaired the sidewalk and formally apologized for the incident.

On July 31, a Sao Paulo court awarded custody of a 12-year-old girl to her maternal Christian grandmother, removing the girl from her mother, who had supported her daughter’s choice to practice Candomble. The grandmother filed for custody, stating the child faced physical and psychological harm after the mother shaved her daughter’s head for a Candomble religious ceremony. Although court documents were not publicly available due to the minor status of the child, media reported authorities found no evidence of physical or psychological harm and the girl said Candomble was her religion of choice. In an August 14 appeal decision, the court returned custody to the mother.

According to the Brazilian Federation of Muslim Associations (FAMBRAS), women said they faced difficulties in being allowed to wear Islamic head coverings such as the hijab when going through security in airports and other public buildings.

In June, several media outlets published a video recording of Palmares Foundation President Sergio Camargo verbally harassing a religious leader and coordinator for promoting policies and protection of religious diversity. The Palmares Foundation is a public institution connected to the Ministry of Culture that promotes Afro-Brazilian art and culture. Mae Baiana, the religious leader, filed a complaint with the Federal District police department specializing in hate crimes based on religion. The federal police opened an investigation of the case.

Prominent Jewish organizations publicly stated their outrage at what they considered anti-Semitic comments made by high level government officials. In May, former Minister of Education Abraham Weintraub compared a Federal Police operation against fake news to Kristallnacht. Multiple Jewish organizations condemned the comparison, and the Israeli embassy in Brasilia posted on Twitter, “There has been an increase in the use of the Holocaust in public speeches in a way that belittles its memory and this tragedy that happened to the Jewish people.” The same month, on his personal blog, Foreign Minister Ernesto Araujo criticized COVID-related stay-at-home orders by comparing them to a Nazi concentration camp. Multiple Jewish organizations condemned Araujo’s statements as inappropriate and disrespectful. In a series of tweets responding to the criticism, Araujo publicly rejected anti-Semitism and stated his comments were taken out of context. During the year, Araujo spoke out regarding the importance of religious freedom. On November 16, at the 2020 Ministerial to Advance Freedom of Religion or Belief, he stated, “Religious freedom should not be an afterthought. Religious freedom is essential to freedom as a whole.” By year’s end, there was no official investigation into comments that were alleged to be anti-Semitic.

Also in May, the President of the Brazilian Jewish Confederation objected to President Bolsonaro’s use of the slogan “Work, unity, and truth will set Brazil free,” noting its similarity to the Nazi inscription at the entrance to the Auschwitz concentration camp: “Arbeit macht frei” (“Work will set you free”). Supporters of Bolsonaro said the slogan was based on a New Testament passage: “And you will know the truth, and the truth will set you free.”

In January, President Bolsonaro dismissed Culture Minister Roberto Alvim after Alvim included in remarks excerpts from a speech by Nazi propagandist Joseph Goebbels. Referring to his decision to remove Alvim, Bolsonaro stated, “I reiterate our rejection of totalitarian and genocidal ideologies, as well as any kind of explanation for them. We also express our full and unrestricted support for the Jewish community, of which we are friends and share common values.”

In October, the Santa Catarina Liberal Party leadership removed history professor Wandercy Pugliesi from its candidate list for a local town council election in Pomerode due to his association with neo-Nazi symbols and for not being ideologically aligned with the party. Pugliesi had a large, tiled swastika symbol in his personal pool and named his son Adolf; police seized Nazi-related materials from him in 1994. Fernando Lottenberg, President of the Brazilian Jewish Confederation, praised Pugliesi’s removal. The local Santa Catarina Jewish Federation’s President called Pugliesi’s actions “appalling and regrettable.”

The NGO Center for Articulation of Marginalized Populations (CEAP) reported Afro-Brazilian victims of religious intolerance in Rio de Janeiro State continued to view police and the judiciary as being indifferent, in general, to attacks on Afro-Brazilian places of worship. It cited what it said were a lack of investigations and arrests in these cases. In response to attacks on Afro-Brazilian religious places of worship, the municipal government in Baixada Fluminense, Rio de Janeiro, inaugurated a new building in February that housed the Center for Assistance to Victims of Religious Intolerance. The center offered professional legal, psychological, and social assistance to support victims of religious intolerance in the region.

In July, Sao Paulo State increased sanctions for engaging in religious intolerance. Punishments range from a warning letter to fines of up to 82,000 reais ($15,800).

In November, during the International Religious Freedom Ministerial hosted by Poland, Foreign Affairs Minister Araujo stated his government’s commitment to protecting religious freedom at home and abroad and announced Brazil would host the 2021 ministerial.

On January 21, municipalities around the country commemorated the National Day to Combat Religious Intolerance. The CCIR and CEAP organized a series of seminars and debates at Rio de Janeiro’s Federal Justice Cultural Center to discuss respect for, and tolerance of, religious diversity, including countering religious persecution against practitioners of Afro-Brazilian religions. Also on January 21 in Sao Paulo State, the city of Sao Carlos’ Human Rights Department held a film screening, followed by a discussion of different actions that could be taken to address religious intolerance. Officials from the Department of Human Rights of the Municipal Secretary of Citizenship and Social Assistance organized and attended the event.

During the year, the Inter-Religious Forum for a Culture of Peace and Freedom of Faith, an entity of the Sao Paulo State Secretary of Justice and Citizenship with representatives from 22 religious groups, established a partnership with the Sao Paulo Court of Justice to create a panel to mediate and resolve religious conflicts. COVID-19 restrictions delayed the formation of the panel.

In May, the Sao Paulo Legislative Assembly held the Sao Paulo State Religious Freedom Week, a series of virtual meetings to promote freedom of religion and tolerance. Governor Joao Doria opened the first meeting, an International Forum of Religious Freedom and Citizenship, saying, “The ability to coexist with differences is what makes the world happier and a better place to live in. Now, more than ever, we need dialogue, understanding, and union.” State Deputy Damares Moura, President of the State Parliamentary Group for Religious Freedom, organized the event; an estimated 7,000 persons participated.

The CCIR and CEAP launched a series of events to coincide with the 13th observance of the Walk Against Religious Intolerance in Rio. Due to the COVID-19 pandemic, the CCIR organized virtual seminars and debates from August 27 to September 27. Activities convened participants from various faiths to discuss challenges to religious intolerance and call attention to crimes of religious intolerance.

On December 13, Rio de Janeiro Mayor Crivella inaugurated the Monument in Memory of the Victims of the Holocaust. Acting Governor Claudio Castro said, “The inauguration of this monument sends an important message of respect, love, and tolerance that is fundamental for today’s society.” The memorial, which organizers began planning in 2017, was the result of a partnership between the municipal government, the Brazilian-Jewish community, and private donors. Prominent national and regional leaders, many from the Brazilian-Jewish and evangelical Christian communities, delivered remarks emphasizing their commitment to preserving the memory of Holocaust victims and solidarity with the Jewish people and Israel. Supreme Court Justice Luiz Fux said, “This memorial is so that we do not suffer from the vice of indifference and also to express our indignation at the Holocaust.” Plans for the monument include a small museum and cultural space to be used for Holocaust education activities and programming.

Brunei

Section II. Status of Government Respect for Religious Freedom

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 secular 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 concept of legal precedent 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 longstanding sharia legislation as well as under the SPC.

The SPC spells out provisions for corporal and capital punishment for murder, theft, adultery, rape, sodomy, apostasy, blasphemy, and other acts deemed crimes under sharia. Depending on the type and specifics of the offense, these punishments include fines, imprisonment, whipping, caning, amputation of hands or feet, or death (including by stoning). The SPC identifies murder, adultery, rape, sodomy, apostasy, and blasphemy as capital offenses, although the law requires either a confession or the testimony of multiple pious Muslim male eyewitnesses to support a death sentence. A de facto moratorium on the death penalty, announced by the Sultan in 2019, continued during the year.

Most SPC sections apply to both Muslims and non-Muslims, including foreigners, and are applicable 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 and pay zakat (obligatory annual almsgiving). The SPC states that Muslims will be identified for purposes of the law by “general reputation.”

The SPC incorporates longstanding domestic laws based on sharia that prohibit drinking alcohol, propagating religions other than Islam, eating in public during the fasting hours of Ramadan, cross-dressing, and close physical 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.”

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, may be supported by a confession in lieu of witness testimony at the discretion of a sharia judge. If neither qualifying testimony nor a confession is available, the possible sentences are limited to caning, imprisonment, and fines.

The government describes its official national philosophy as Melayu Islam Beraja (MIB), or Malay Islamic Monarchy, which it 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 is 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 MORA leads investigations of 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 RBPF. RBPF and Religious Enforcement Division officers cooperate on investigations of crimes covered by both the secular and sharia laws. In such cases, an “assessment committee” composed of secular and sharia prosecutors and secular and sharia law enforcement officers decides which court system will try the case. The deliberations of the assessment committee to determine whether specific cases would proceed through secular or sharia court are not public, and the government does not make public the committee’s bases for its decisions.

The government bans 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 available on MORA’s website. The SPC also bans most non-Sunni forms of Islam and 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. MORA officials state that the use of certain words such as “Allah” by non-Muslims does not constitute an SPC offense when used in a nonreligious context or social activity.

Under the SPC, Muslims are not permitted to renounce or change their religion. Non-Muslims must be at least 14 years and seven months old to convert or renounce their religion. If parents convert to Islam, their children younger than 14 years and seven months 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 penalty for violating laws on the registration and activity of organizations is a fine of up to 10,000 Brunei dollars (BND) ($7,600), 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 longstanding emergency powers, this applies to all forms of public assembly, including religious assembly. In practice, however, places of worship are viewed as private places in which gatherings do not require approval.

The law forbids the teaching or promotion of any religion other than Islam to Muslims or to persons of no faith. Under 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 ($15,100), or both. The SPC includes a provision that makes it illegal to criticize Islam as well as 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 that are administered by the Ministry of Education, and those offering supplemental religious education (ugama) that are administered by MORA.

Ministry of Education schools are required to teach a course on Islamic religious knowledge that is required for all Muslim children between the ages of seven and 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. Non-Muslim students are still required to take MIB classes.

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 as part of the school’s curriculum. 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 requires that any person wishing to teach on matters relating to Islam must obtain official permission. Churches and religious schools are permitted to offer private religious education in private settings, such as someone’s home.

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 (close physical proximity between two unmarried individuals of opposite sexes), 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 declared 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

MORA enforcement officers deported a U.S. citizen in February for publicly proselytizing for a religion other than Islam, an offense that under the SPC is punishable by a fine not exceeding 20,000 BND ($15,100), imprisonment for a term not exceeding five years, or both. The head of MORA’s Enforcement Division stated that MORA officers followed a precedent set by a past proselytizing case, which had also resulted in deportation, but he also said that maintaining good relations with the United States was a factor in the decision to deport the man instead of arresting him.

The government did not ratify the UNCAT, which it signed in 2015 following widespread condemnation of the government’s implementation of the first phase of the SPC order in 2014. The Foreign Minister reported, however, that the government was in the ratification process.

In March, the Sharia High Court issued its first verdict in a case of “causing hurt” – an offense under the SPC roughly equivalent to assault. The court sentenced the accused, a Bruneian Muslim man, to five years’ imprisonment, and for the first time since the implementation of the SPC, the judge ordered the accused to pay “blood money” of 91,516 BND ($69,200) to compensate the victim.

In January, a sharia judge dropped the 2019 case of two Vietnamese men who were the first non-Muslim foreigners to be charged in the sharia courts for “causing hurt” after both parties reached an out-of-court settlement.

In April, all sharia courts ceased operations due to the COVID-19 outbreak. In July, sharia courts resumed operations mostly to hear routine cases of theft and khalwat.

Non-Muslims continued to note that the SPC imposed restrictions on the ability of non-Muslims to proselytize to other non-Muslims. The government continued to prohibit non-Muslims from proselytizing among Muslims or persons with no religious affiliation. Some non-Muslims described the existence of the SPC itself as a “scare tactic” that, alongside other government policies, would pressure non-Muslims to convert to Islam. They noted the SPC’s blasphemy provisions could be used to constrain non-Muslim groups’ activities but expressed greater concern about subtle pressure by the government than about the possibility of harsh sharia punishments.

In March, the government announced that all places of worship would be closed to counter the spread of COVID-19. Senior members of minority religions reported good communications from the Ministry of Health about the rules for closing and reopening churches and places of worship. Some observers noted MORA neglected to announce the reopening of non-Islamic houses of worship when it announced the reopening of the country’s mosques in June, instead relying on the Ministry of Health to pass on the information, which it did soon after.

The government periodically warned the population about the preaching of non-Shafi’i versions of Islam, including both “liberal” practices and those associated with jihadism, Wahhabism, or Salafism. It permitted Shafi’i Muslims and members of non-Muslim religious minorities to practice their faiths, including by permitting non-Islamic churches to operate and allowing non-Muslim religious minorities to gather in private churches.

MORA continued to provide all mosques with approved sermons for Friday services. The government required that the sermons be delivered by registered imams, and deviance from the approved text was forbidden. Government data from 2015, the latest available, indicated there were 99 registered mosques.

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 a head covering (known locally as a tudong), 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.

As in past years, the government limited traditional Lunar New Year lion dance performances to a three-day period and restricted them to the country’s sole Chinese Buddhist 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.

In December, the human rights NGO Jubilee Campaign wrote to the U.S. Secretary of State to report that MORA sent officials to ensure that a ban on Christmas decorations was enforced around the country. In practice, however, people were able to celebrate Christmas and decorate their private residences. There were no reports of shops or restaurants being warned by MORA for displaying decorations.

The government continued to enforce strict customs controls on importing non-Islamic religious texts such as Bibles, as well as on Islamic instructional materials or scriptures intended for sale or distribution. Authorities generally continued to ban the import of non-Islamic religious texts, 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. Customs officials continued to check personal packages entering the country to ensure they did not contain anything of a non-Shafi’i Islamic or perceived sexual nature, such as magazines showing women in swimsuits.

Christian leaders continued to state that a longstanding fatwa discouraging Muslims from supporting non-Islamic faiths inhibited the expansion, renovation, or construction of new facilities; in accordance with the fatwa, government officials slowed or did not process building plans and permits for churches. Christian religious groups said that authorities generally only permitted churches and associated schools to repair and renovate buildings on their sites if required for safety. The process for obtaining approval to renovate church buildings and associated school buildings remained lengthy and difficult, and there were continuing reports of the government stalling new construction projects for not meeting the complicated requirements. With only six approved churches in the country, the last built in the 1960s before the country gained independence, facilities were often too small to accommodate their congregations without significant overflow seating outdoors. Several sources reported that schools associated with Christian churches had to pay government business taxes despite being nonprofit organizations. This measure was not applied to other nonprofit private schools with no religious affiliations. The Chinese temple was also subject to the same fatwa. 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.

The government reported that many non-Muslim children elected to take courses on Islam. Reportedly, those applying for government-funded scholarships believed having such courses on their transcripts 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. All church-associated schools were recognized by the Ministry of Education and remained open to students of any religion, although they were not permitted to offer religious instruction other than for Shafi’i Islam.

Due to the COVID-19 pandemic, there were no warnings in the press to local restaurants not to serve dine-in customers during fasting hours for Ramadan as in past years. Throughout the year, the government enforced restrictions requiring all businesses to close for the two hours of Friday prayers.

Religious authorities allowed nonhalal restaurants and nonhalal sections in supermarkets to operate without interference, but they continued to hold public outreach sessions to encourage restaurants to become halal.

The government continued to offer incentives to prospective converts to Islam and the Shafi’i school, especially those from indigenous communities in rural areas, including help with housing and welfare assistance. The government allocated travel funding so that those who could not participate in the Hajj due to COVID-19 travel restrictions during the year could do so in the future. The government gave presentations on the benefits of converting to Islam that received extensive press coverage in state-influenced media. According to government statistics, 293 individuals converted to Islam during the year, approximately the same as the previous year. Converts included citizens and permanent residents as well as foreigners. Government policy supported Islam through the national MIB philosophy as well as through government pledges to make the country a zikir nation (one that remembers and obeys Allah).

In a rare instance, during a surprise inspection in September, the Sultan publicly admonished MORA for the slow pace of Muslim proselytization in the rural districts, budget shortfalls, general poor performance, and poor management of the zakat (annual almsgiving) fund.

Members of the LGBTI community reported in September that MORA summoned transsexual individuals to its offices and demanded that they maintain the gender listed on their birth certificate, although no threats of punishment were made in any of these reported cases. Other members of the LGBTI community reported family members had been contacted by MORA and questioned on the individuals’ sexuality.

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 and were used in part to determine whether he or she were 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. Visitors to the country were asked to identify their religion on their visa applications.

Bulgaria

Section II. Status of Government Respect for Religious Freedom

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 except to the extent 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 or organizations that incite religious animosity, as well as the use of religious beliefs, institutions, and communities for political ends. 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 seeking 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 ($63-$190). If a legal entity commits the infraction, the fine may range from 500 to 5,000 levs ($310-$3,100).

To receive national legal recognition, religious groups other than the BOC must 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 and 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 the group. The Directorate for Religious Affairs under the Council of Ministers provides expert opinions on registration matters upon the court’s request. Applicants must notify the Directorate for Religious Affairs within seven days of receiving a court decision on their registration. 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, and local authorities enter them in a register. Local branches are not required to obtain registration from the local court. The law prohibits registration of different groups with the same name in the same location. The Directorate for Religious Affairs and any prosecutor may request that a court revoke a religious group’s registration on the grounds of systematic violations of the law. There are 203 registered religious groups in addition to the BOC.

Registered religious groups must maintain a registry of their clergy and employees, provide the Directorate for Religious Affairs with access to the registry, and issue a certificate to each clerical member, who must carry it as proof of representing the group. Foreign members of registered religious groups may obtain long-term residency permits, but for the foreign member to be allowed to conduct religious services during his or her stay, the group must send advance notice to the Directorate for Religious Affairs.

The law requires the government to provide funding for all registered religious groups based on the number of self-identified followers in the latest census (2011), at a rate of 10 levs ($6) per capita to groups that comprise more than one percent of the population and varying amounts for the rest.

Registered groups have the right to perform religious services; maintain financial accounts; own property such as houses of worship and cemeteries; provide medical, social, and educational services; receive property tax and other 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 ($130) for a first offense and 1,500 levs ($940) for repeat offenses.

The law allows registered groups to publish, import, and distribute religious media. The law does not restrict proselytizing by registered or unregistered groups. Dozens of municipalities, including the regional cities of Kyustendil, Shumen, Stara Zagora, and Sliven, have ordinances prohibiting door-to-door proselytizing and the distribution of religious literature without a permit. The ordinances in Stara Zagora and Kyustendil remained in effect despite a 2018 Supreme Administrative Court ruling that they were unconstitutional. Several municipalities, including Shumen, Kyustendil, and Sliven, prohibit unregistered religious groups from conducting any religious activities. Some municipalities prohibit religious activities inside cultural institutes, schools, and establishments for youth and children.

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 13 students, subject to the availability of books and teachers. The Ministry of Education and Science approves the content of 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. The commission’s decisions may be appealed to administrative courts. Upon accepting a case, the commission assigns it to a panel that then reviews it in open session. If the commission makes a finding of discrimination, it may impose a fine of 250 to 2,000 levs ($160-$1,300). 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 that the Constitutional Court 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.

The penal code 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 to 10,000 levs ($3,100-$6,300), as well as “public censure.” The propagation of “fascism or another antidemocratic ideology” is punishable by imprisonment for up to three years or a fine of up to 5,000 levs ($3,100). Courts have found that Nazism falls within the purview of “antidemocratic ideology.” 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 to 10,000 levs ($1,900-$6,300).

The law provides for restitution of real estate confiscated during the communist era; courts have also applied the law to Holocaust-related claims.

The law allows religious groups to delay until 2029 paying back outstanding revenue obligations incurred before December 31, 2018.

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

Government Practices

On December 10, the Plovdiv Appellate Court began proceedings involving 14 Romani Muslims, 12 of whom appealed their lower-court convictions on charges of supporting ISIS, assisting foreign fighters, and propagating Salafi Islam, characterized by the government as an antidemocratic ideology, and incitement to war. The prosecution appealed the sentences of 13 defendants to seek more severe punishments. In 2019, the Pazardjik District Court sentenced the group’s leader, Islamic preacher Ahmed Mussa, to 8.5 years in prison, while the rest of the men received prison sentences ranging from 12 to 42 months. The only woman in the group received a two-year suspended sentence.

Some religious groups complained of unequal treatment by the authorities during a COVID-19 state of emergency in effect from March 13 to May 13 when all indoor public gatherings were prohibited. Catholic, Armenian Apostolic Orthodox, and most Protestant churches switched to online services, while Muslims and Jews closed mosques and synagogues. BOC churches remained open, without penalty. In October, authorities initiated prosecution against Church of God-Bulgaria pastor Nikolay Vasilev, accusing him of holding an Easter service in Samokov in breach of the ban on public gatherings. According to press reports, more than 100 of the participants at the outdoor event received administrative fines. In a public declaration in April, the Evangelical Alliance stated the authorities’ actions against the Samokov church interfered in the internal affairs of a Protestant church in an attempt to disrupt its services and persecute its clerics and worshippers. According to Vasilev as well as videos from the event posted online, the organizers observed all required health measures, including maintaining appropriate physical distance and wearing masks. At year’s end, the trial had not been scheduled. The maximum penalty for a conviction is five years’ imprisonment and a 15,000-lev ($9,400) fine.

In February, the European Court of Human Rights ordered interim measures to stop the expulsion of three Uyghur Muslims who had been denied asylum in 2017 and were facing deportation to China. The State Agency for National Security ordered their expulsion in 2018 on national security grounds. NGOs reported the Uyghurs had already fled Bulgaria in 2019 to another European country.

Jehovah’s Witnesses said the legal requirement for reporting to the government the names and contact information of all clerics violated the freedom of nondeclaration of religious affiliation guaranteed by the constitution. The Church of Jesus Christ said the legal requirement for providing the government full access to the records of its clerics and personnel was a violation of privacy. The Papal Nuncio also said the requirement imposed a burden on the local Catholic community, which did not have enough staff.

In February, the Shumen Administrative Court determined that the provision in a Shumen municipality ordinance restricting proselytizing violated the country’s constitution but stated the provisions prohibiting religious activities inside cultural institutes, schools, and establishments for youth and children were an “adequate and proportionate measure to protect children.”

Dean Stanchev, Member of Parliament from the United Patriots coalition and part of the governing coalition, posted on social media his “outrage” at the court’s decision, describing Jehovah’s Witnesses as a “dangerous sect” and stating that the Internal Macedonian Revolutionary Organization (VMRO) political party would continue to “fight against its [Jehovah’s Witnesses’] parasitic activities” in order to “clear them from public spaces and people’s homes.” At year’s end, both the municipality and Jehovah’s Witnesses had appealed the decision to the Supreme Administrative Court.

Contrary to previous years, Jehovah’s Witnesses did not report any acts against their members while engaged in proselytizing. They attributed the change to reduced proselytizing due to COVID-19 restrictions. In February, the mayor of Dobrich and the local chief of police met with representatives of Jehovah’s Witnesses to apologize for a December 2019 incident in the city center, when police brought two proselytizing Witnesses to the local precinct and accused them of violating public order. The mayor and the police chief said the officers had acted out of ignorance and inexperience and committed to providing police with the necessary information to avoid further incidents.

In May, June, August, and December, the government allocated 10.2 million levs ($6.4 million) in funding for repair and maintenance of BOC facilities in Sofia, Varna, Krustova Gora, Rila, Shipka, and Koprivets. In June, the Council of Ministers said it would provide an annual subsidy of one million levs ($627,000) to the three monasteries under the BOC Patriarch’s jurisdiction.

In July, the Supreme Administrative Court overturned a lower court’s decision and ruled the Catholic Church did not owe property tax from a 2009 claim by Sofia Municipality, which had not recognized the religious status of two Catholic monasteries located in the municipality.

The Office of the Grand Mufti and regional Muslim leaders said several municipalities, including Sofia, Stara Zagora, and Haskovo, continued to reject, on what they said were nontransparent grounds, their requests to build new, or rehabilitate existing, religious facilities. In October, Grand Mufti Mustafa Hadji raised the issue in a meeting with Sofia Mayor Yordanka Fandakova, but by year’s end, the mayor’s office had not provided any information on the city’s continued rejections of the construction applications.

According to Razgrad Mufti Mehmed Alya, local public perception about restoring the landmark Makbul Ibrahim Pasa Mosque in Razgrad, which had been closed for nearly 50 years, to a functioning mosque shifted from negative to positive due to efforts by Regional Governor Gunai Husmen in the previous three years. In October, local authorities used a 2.3-million-lev ($1.44-million) grant from the national government to start renovating the mosque, which was listed officially as a cultural monument and therefore owned by the national government. New Mayor Dencho Boyadjiev agreed that the mosque could reopen for religious services after restoration, while the Muslim community, in turn, agreed that the mosque would be available for tourist visits when not in religious use.

The Office of the Grand Mufti said it was continuing to search for ways to litigate its recognition as the successor to the pre-1949 Muslim religious communities for the purpose of reclaiming approximately 30 properties, including eight mosques, two schools, two baths, and a cemetery seized by the former communist government. Pending a decision on who was the rightful successor to the Muslim religious communities, the courts continued to suspend action on all restitution claims by the Office of the Grand Mufti.

The national public school elective curriculum continued to provide three sets of classes at various grade levels in religious studies: one for Christianity, one for Islam, and one for all religions as ethical systems. In July, the Ministry of Education approved official school textbooks for students from first to fifth grade in the three programs that schools began using in the academic year. The Office of the Grand Mufti stated that some regional education inspectors attempted to persuade principals of schools offering an Islamic studies program to select members of their faculty to be trained as teachers for the program in order to replace teachers who were alumni of the High Islamic Institute. In November, the High Islamic Institute and the Office of the Grand Mufti commenced a project to retrain members of the Muslim community in pedagogical education as teachers of Islam.

In February, the Supreme Administrative Court upheld Sofia Mayor Fandakova’s ban on an annual march of right-wing extremists from across Europe to honor Hristo Lukov, the 1940s leader of the anti-Semitic, pro-Nazi Union of Bulgarian National Legions. The mayor’s ban cited serious concerns that a torchlight march in downtown Sofia would disrupt public order and restricted the event to laying flowers at Lukov’s plaque in front of his house on February 22. In previous years, the Sofia Administrative Court had overturned the mayor’s banning of the march. The Ministry of Foreign Affairs, the Democratic Bulgarian alliance, the Bulgarian Socialist Party, NGOs, international organizations, and diplomatic missions had denounced the rally. On February 10, a Sofia prosecutor petitioned the Sofia City Court to deregister the rally organizer, Bulgarian National Union-Edelweiss, stating its activity violated individual rights; incited ethnic, racial, and religious hostility and homophobia; spread anti-Semitic propaganda; and undermined national integrity. At year’s end, the case continued in the Sofia City Court.

On January 17, the Bulgarian Academy of Sciences organized a roundtable cohosted by the Ministry of Defense to present a report, Jews’ Labor Obligation during World War 2: Rescue Plan or Repressive Measure?, which denied that authorities forced the male Jewish population into labor camps in the early 1940s and stated that instead the Army Labor Corps drafted Jews as part of a government plan to save them from the Nazis. The Ministries of Education and Culture, VMRO, and several NGOs, such as the Bulgarian-Jewish Research Institute and the Independent Historical Society, supported the roundtable. Shalom criticized the event as “an alarming revisionist attempt to distort the history of the Holocaust” at all institutional levels. In a speech on January 30, Foreign Minister Ekaterina Zaharieva stated that sending Jews to labor camps during World War II was part of the “anti-Semitic repressive machine” established with anti-Semitic legislation.

In July, the municipal council in Blagoevgrad, at the request of Sunni Muslim community leaders, rejected a 10,000-euro ($12,300) donation from the Ahmadi Muslim Community to the city for general emergency relief assistance “in order not to legitimize the organization and its activity in the region.”

The national budget allocated 33.34 million levs ($20.92 million) to registered religious groups for current expenses, such as remuneration for their employees and clerics, education activities, and cemetery maintenance, as well as capital investments, such as construction and maintenance of religious facilities and related expenses, compared with 31.27 million levs ($19.62 million) in 2019. Of the 33.34 million, 27.2 million levs ($17.06 million) went to the BOC; 5.77 million levs ($3.62 million) to the Muslim community; 160,000 levs ($100,000) to Protestant denominations; and 70,000 levs ($43,900) each to the Catholic Church, AAOC, and the Jewish community. No other registered religious groups received government funding. Evangelical Alliance representatives again said Protestants did not receive their fair share of government funding, possibly because they were not represented by a single organization, even though their numbers exceeded one percent of the population.

According to NGOs, souvenirs exhibiting Nazi insignias and imagery continued to be widely available in tourist areas around the country and local governments lacked political will to deal with the problem. The National Coordinator for Combating Anti-Semitism stated that when alerted to them, the national government took steps to close vendors selling Nazi souvenirs.

In May, during Ramadan, President Rumen Radev met with Grand Mufti Mustafa Hadji. Both stated that government and religious institutions must promote solidarity, charity, and mutual assistance among the people.

In August, Shalom expressed concern regarding a statement by Defense Minister Krasimir Karakachanov, who invoked the name of a Jewish-American financier, saying that NGOs linked to him “want to take the power in order to introduce gay marriage.” Shalom stated that, while such statements did not mention the financier’s Jewish heritage, they “have a strong anti-Semitic character and suggest that Jews interfere in the social and economic affairs of countries in the world.”

In March, the Supreme Cassation Court found Boris Yachev, Member of Parliament from the United Patriots coalition, guilty of slander and ordered him to pay 3,000 levs ($1,900) to Jehovah’s Witnesses for a series of statements about them on his party’s SKAT TV that the court ruled “incite religious hatred and threaten to hinder [the religious group’s] activity.” The court overturned two lower court rulings that had found Jehovah’s Witnesses were not eligible to receive compensation for damages resulting from the statements. In his statements, which he made in 2014, Yachev vowed to use his position in parliament to “restrict the unhindered invasion by [religious] emissaries of Bulgarian cities and villages,” describing Jehovah’s Witnesses as “one of the most dangerous and arrogant sects” that needed to be restricted by legal means.

Deputy Foreign Minister Georg Georgiev served as the national coordinator for combating anti-Semitism, publicly denouncing hate speech and anti-Semitism. On November 9, Georgiev commemorated the Kristallnacht anniversary, saying he is proud to be “part of a common cause for ensuring an environment free of any forms of hate speech” by remembering the lessons of history. On December 23, Georgiev denounced the defacement of Plovdiv Synagogue’s front gate with graffiti reading “Israel=Nazis,” calling it a “repulsive,” “undignified,” and “barbarian” act. He stated, “It is essential for every democracy to allow the free expression of political and civilian views, but not by vandalizing, insulting, and violating others’ rights.”

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

Burkina Faso

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states the country is secular, and both the constitution and other laws provide for the right of individuals to choose and change their religion and to practice the religion of their choice. The constitution states freedom of belief is subject to respect for law, public order, good morals, and “the human person.” Political parties based on religion, ethnicity, or regional affiliation are forbidden.

The law allows all organizations, religious or otherwise, to register with the Ministry of Territorial Administration and Decentralization, which oversees religious affairs. The ministry, through the Directorate for Customary Affairs and Worship, monitors the implementation of standards for burial, exhumation, and transfer of remains; helps organize religious pilgrimages; promotes and fosters interreligious dialogue and peace; and develops and implements measures for the erection of places of worship and the registration of religious organizations and religious congregations. Registration confers legal status, and the process usually takes approximately three to four weeks and costs less than 50,000 CFA francs ($95). Religious organizations are not required to register unless they seek legal recognition by the government, but after they are registered, they must comply with applicable regulations required of all registered organizations or be subject to a fine of 50,000 to 150,000 CFA francs ($95 to $280).

Religious groups operate under the same regulatory framework for publishing and broadcasting as other entities. The Ministry of Territorial Administration and Decentralization may request copies of proposed publications and broadcasts to verify they are in accordance with the nature of the religious group as stated in its registration and it may conduct permit application reviews.

The government generally does not fund religious schools or require them to pay taxes unless they conduct for-profit activities. The government provides subsidies to a number of Catholic schools as part of an agreement allowing students from public schools to enroll in Catholic schools when public schools are at full capacity. The government taxes religious groups only if they engage in commercial activities, such as farming or dairy production.

Religious education is not allowed in public schools. Muslim, Catholic, and Protestant groups operate private primary and secondary schools and some institutions of higher education. These schools are permitted to provide religious instruction to their students. By law, schools (religious or not) must submit the names of their directors to the government and register their schools with the Ministry of National Education and Literacy. The government does not appoint or approve these officials, however. The government periodically reviews the curricula of new religious schools as they open, as well as others, to ensure they offer the full standard academic curriculum. The majority of Quranic schools are not registered, however, and thus their curricula not reviewed.

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

Government Practices

The government stated that terrorists attacked religious institutions with the aim of dividing the population. On October 21, at a government forum on “national cohesion,” Speaker of the National Assembly Allassane Bala Sakande stated, “In this war against terrorism, we are not engaged against an ethnic group or against a religion, but we are engaged against those who hate Burkina Faso and the Burkinabe.”

Following the kidnapping and killing of the grand Imam of Djibo by armed groups in Soum Province on August 11, President Roch Marc Christian Kabore said he “strongly condemned” the “barbaric assassination” which “aimed to undermine our model of religious tolerance and the foundations of our nation.”

Following a February 16 attack by approximately 20 armed assailants on the village of Pansi in Yagha Province during which a pastor and 23 others were killed, opposition political party head Jean Hubert Bazie said it was “imperative that the state secure places of worship, as well as other places where citizens gather” and called on the government to create a national body to monitor religious freedom and prevent interreligious confrontation.

The government allocated 75 million CFA francs ($142,000) each to the Muslim, Catholic, Protestant, and animist communities, the same level as the previous year. Sources stated that this funding was meant to demonstrate equitable government support to all religious groups in the country. The government also provided funding to registered Catholic, Protestant, and Muslim (commonly referred to as “Franco-Arabic”) schools through subsidies for teacher salaries, which were typically less than those of public-school teachers.

On August 6, the government issued a decree integrating the traditional animist communities into ONAFAR, providing animist communities with representation in the government agency responsible for promoting interreligious dialogue as well as preventing and managing conflicts of a religious nature.

The government continued to routinely approve applications from religious groups for registration, according to religious group leaders, although the government indicated it had rejected some on “moral” grounds.

In September, the government intervened in a legal dispute between Christian and Muslim groups involving a plot of land in Ouagadougou where a mosque had been destroyed. In an October 7 statement, the government said that it “disapproves of the destruction of a place of worship” and that it had taken ownership of the disputed property and would fund reconstruction of the mosque.

In June, the Archbishop of Ouagadougou, Cardinal Philippe Ouedraogo, joined Minister of Interior and Territorial Administration Simeon Sawadogo during Eid al-Fitr prayers led by the Grand Imam of Ouagadougou.

Burma

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states that every citizen is equally entitled to freedom of conscience and the right to freely profess and practice his or her religious beliefs. The constitution limits those rights if they threaten public order, health, morality, or other provisions of the constitution. It further provides to every citizen the right to profess and practice his or her religion if not contrary to laws on security, law and order, community peace, or public order and morality.

The law prohibits deliberate and malicious speech or acts intended to outrage or wound the religious feelings “of any class” by insulting or defaming its religion or religious beliefs. The law also prohibits injuring, defiling, or trespassing on any place of worship or burial grounds with the intent to insult religion.

All organizations, whether secular or religious, must register with the government to obtain official status. This official status is required for organizations to gain title to land, obtain construction permits, and conduct religious activities. The law on registering organizations specifies voluntary registration for local NGOs.

The law bars members of “religious orders” such as priests, monks, and nuns of any religious group, from running for public office, and the constitution bars members of religious orders from voting. The government restricts by law the political activities and expression of the Buddhist clergy (sangha). The constitution forbids “the abuse of religion for political purposes.” The election law states that a candidate’s parents must be citizens at the time of the candidate’s birth, and the citizenship of most Rohingya is denied, thus precluding Rohingya from candidate status.

Although there is no official state religion, the constitution notes that the government “recognizes the special position of Buddhism as the faith professed by the great majority of the citizens of the Union.” The constitution “also recognizes Christianity, Islam, Hinduism, and Animism as the religions existing in the Union at the day of the coming into operation of this Constitution.”

The government bans any organization of Buddhist monks other than the nine state-recognized monastic orders. Violations of this ban are punishable by immediate public defrocking and criminal penalties. The nine recognized orders submit to the authority of the SSMNC, the members of which are elected by monks.

The Ministry of Religious Affairs Department for the Perpetuation and Propagation of the Sasana (Buddhist teaching) oversees the government’s relations with Buddhist monks and schools. Religious education is not included in public schools; however, some schools with Buddhist-majority student bodies may start the school day with a Buddhist prayer.

Four laws passed in 2015 for the “protection of race and religion” remain in effect. The Buddhist Women Special Marriage law stipulates notification and registration requirements for marriages between non-Buddhist men and Buddhist women, obligations that non-Buddhist husbands must observe, and penalties for noncompliance. The Religious Conversion law regulates conversion through an extensive application and approval process through a township-level Religious Board for Religious Conversion; however, the law is rarely applied, and many townships do not have conversion boards. The applicant must be older than 18 and must undergo a waiting period of up to 180 days; if the applicant still wishes to convert, the board issues a certificate of religious conversion. The Population Control Law allows for the designation of special zones where population control measures may be applied, including authorizing local authorities to implement three-year birth spacing. The Monogamy Law bans polygamous practices, which the country’s penal code also criminalizes.

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

Government Practices

International organizations and NGOs reported most members of the military involved in mass atrocities against Rohingya Muslims in 2017 had not been held accountable, and the military continued to commit acts of violence against members of ethnoreligious groups. In April, UN Special Rapporteur on Human Rights Yanghee Lee stated that the military “may once again be committing crimes against humanity in Rakhine State.” According to Lee, the military had expanded its campaign against minorities from Rakhine to Chin States, adding, “having faced no accountability, the Tatmadaw continues to operate with impunity.” According to NGO Fortify Rights, two former soldiers confessed in videos recorded in July by the Arakan Army to having taken part in atrocities committed by the army against Rohingya in 2017. In the recording, the soldiers said they were involved in killing more than 180 Rohingya men, women, and children in Taung Buzar Village and surrounding villages in Buthidaung and five villages in Maungdaw during military operations in Rakhine State in late 2017. One also admitted to committing rape in Taung Buzar Village, Rakhine State. At year’s end, the two men were reportedly in the custody of the International Criminal Court (ICC) in The Hague.

On June 23, a Buddhist monk and military veteran stabbed to death a Muslim teenager in Magway Region’s Aung Lan Township. The victim’s brother told authorities the assailant, Tun Naing Win, called the brothers “kalar,” considered a derogatory term for persons of South Asian descent, and shouted, “You kalars do not own this country, you kalars do not own this road,” before killing the victim.

The investigation of the June 2, 2019, beating of one group of villagers by another group of villagers in Ann Myawk Village, Rakhine State continued with no reported progress through year’s end. According to the CHRO, which first documented the incident in December 2019, 25 villagers, led by Khin Aung, Myint Maung, Hwe Hla and Nyuat Maung, assaulted members of the Chawn family, who were conducting a Christian home prayer service.

In November 2019, The Gambia filed an application instituting proceedings against Burma at the International Court of Justice (ICJ) and a request for provisional measures, alleging Burma’s actions against Rohingya violated the 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide. In January, the ICJ unanimously indicated provisional measures, ordering Burma to preserve any evidence of atrocities against Rohingya; ensure that government and security officials refrain from any act that could contribute to genocide; and report to the ICJ on its progress on these measures in May and every six months thereafter while the case was pending. The government submitted two reports and stated its reports would show decisively that no genocide occurred. The government also filed preliminary objections to the jurisdiction of the court and the admissibility of The Gambia’s application; proceedings on the merits were suspended while the ICJ considered the preliminary objections. In September, Canada and the Netherlands announced their intention to intervene in the case.

According to the ICC’s Office of the Prosecutor, during the year it was in the process of organizing a fact-finding mission to gather relevant evidence for its investigation into credible allegations that crimes against humanity were committed against Rohingya in Burma. Although the country is not a party to the ICC, the court claimed it had jurisdiction over such crimes if elements of the crime were at least commissioned in Bangladesh, which is a state party, and where most displaced Rohingya fled.

The Independent Commission of Enquiry established by the government in 2018 to investigate the 2017 violence in Rakhine State released the executive summary of its final report in January. The summary stated the commission found no evidence of genocidal intent, but it did not address alleged crimes against humanity. It stated the abuses amounted to “war crimes.” According to Human Rights Watch, the executive summary was part of the government’s attempt to portray the operation as a “legitimate armed conflict” with no element of genocide. The summary also stated there was “no evidence of gang rape committed by Burma’s security forces,” despite extensive documentation by the United Nations Independent International Fact-Finding Mission on Myanmar and human rights groups of widespread rape against Rohingya women and girls. According to Human Rights Watch, the executive summary of the final report fell well short of creating the conditions for justice and accountability or the safe return of Rohingya refugees from Bangladesh. As of the end of the year, the government had not released the full report. According to international and domestic human rights activists, previous government-led investigations of reports of widespread abuses by security services against Rohingya in northern Rakhine State in 2016 had yielded no findings of responsibility by security forces and were criticized by international observers as deeply flawed.

The IIMM, established by the UN Human Rights Council in 2018 to facilitate fair and independent criminal proceedings covering human rights abuses in Burma since 2011, continued to develop protocols and procedures to balance public outreach with confidentiality and the protection of witnesses in criminal cases. Since 2018, the government has denied the IIMM permission to establish an office in the country, and during the year, the IIMM, based in Geneva, received no response to its request to travel to the country. During the year, the IIMM received evidence from the UN Fact-Finding Mission, traveled to Cox’s Bazar in Bangladesh to interview Rohingya refugees, and completed a mapping of NGOS and victims’ groups in Burma as part of planning for evidence collection there.

According to leaders of religious minority communities and human rights activists, amid the COVID-19 pandemic, communal disparities were exacerbated by inconsistent government regulations, their enforcement, and varying interpretations of the regulations around the country, with harsher outcomes for minority religious communities. The President’s Office banned public events and mass gatherings nationwide on March 13, including religious events. As of year’s end, a range of restrictions at the national and regional level remained in place, and pagodas, monasteries, mosques, and churches remained closed to the public. At least three different laws were applied to enforce limits on gatherings, including religious gatherings. The same action – for instance, a gathering of five or more persons – had the potential to result in charges and punishment under the Natural Disaster Management Law (three months to three years’ imprisonment or a fine or both), the Prevention and Control of Communicable Diseases Law (six months’ imprisonment or a fine), or Article 188 of the Penal Code (one to six months’ imprisonment or a fine). According to media, the government prosecuted Rohingya returnees from Bangladesh – returning through both formal and informal channels – amid anti-Muslim sentiment and hate speech from the public, military, and religious hardliners portraying Rohingya as a vector for the coronavirus.

More than 200 residents of Sinthay Village in Dawei District’s Yebyu Township attended Buddhist funeral rites for a monk in April, despite COVID-19 restrictions. According to the Irrawaddy newspaper, the chairman and secretary of the pagoda trustee committee were fined 93,000 kyat ($70) under the penal code for defying an order issued by government officials. In contrast, 12 Muslim men in Mandalay were sentenced to three months’ imprisonment under the Natural Disaster Management Law for holding a religious gathering at a house in the Aung Pin Lae quarter of Chanmyathazi Township.

According to the Myanmar Times, Christian pastor David Lah and colleague Wai Tun were sentenced to three months in prison on August 6 for organizing a prayer session in April in violation of the government’s National Disaster Management Law prohibiting mass gathering as part of a measure to prevent the spread of COVID-19. In response, Ma Ba Tha members shared some of Lah’s speeches denigrating Buddhism, reportedly in an attempt to incite anti-Christian hatred.

According to Monywa Aung Shin, secretary of the National League of Democracy’s (NLD) central information unit, on May 26, Yangon Chief Minister Phyo Min Thein and the NLD-led Yangon regional government attended a public religious ceremony that went “against the government’s own [COVID-19] instructions.” The government took no disciplinary against the Chief Minister or cabinet members who attended the event.

Several NGOs reported authorities confined approximately 130,000 Rohingya in camps within the country, following an earlier round of violence in 2012. Restrictions on in-country movement of Rohingya remained extensive. Authorities required the largely stateless Rohingya to carry special documents and travel permits for internal movement in areas in Rakhine State, where most Rohingya reside.

In July, newly appointed UN Special Rapporteur on the Situation of Human Rights in Myanmar Thomas Andrews told the Human Rights Council, “Hundreds of thousands of Rohingya are forced to live in deplorable conditions in IDP camps or in villages without basic rights, including freedom of movement.” He also noted that a proposed camp closure project the government launched as part of its National Strategy on Resettlement of Internally Displaced Persons and Closure of IDP Camps in 2019 “not only prohibits the right of IDPs to return home but may force them into land susceptible to flooding and without access to basic services, including healthcare and education. And it may also continue to deny other basic rights, including freedom of movement.” According to local sources, authorities continued to deny IDPs the right to choose their relocation or return destination. Human Rights Watch described these IDP camps as severely limiting livelihoods, movement, education, health care, and adequate food and shelter. It stated the government closure process entailed constructing permanent structures near the current camp locations, further entrenching segregation and denying Rohingya the right to return to their land, reconstruct their homes, regain work, and reintegrate into society.

According to the Office of the UN High Commissioner for Refugees, an additional 163 Rohingya fled to Bangladesh between January and October, compared with 2,966 during the same period in 2019. According to humanitarian aid organizations, the government made no new efforts to initiate the return of Rohingya refugees during the year. An attempt in August 2019 failed when Rohingya refused to return, often saying they would be subject to human rights abuses if they returned without a guarantee of citizenship. Bangladesh authorities said they would not force them to go back.

Starting in 2019 and continuing during the year, authorities arrested hundreds of Rohingya in Ayeyarwady, Yangon, Bago, and Magwe Regions for traveling without permission, and charged them with violations of the Immigration Act. On April 8, a court dropped charges against more than 200 of those accused of leaving Rakhine State illegally, but according to activists, hundreds more remained in jails and youth detention centers across the country.

On November 2, Wirathu, a monk and chairperson of the Ma Ba Tha branch in Mandalay, surrendered to Yangon police on an arrest warrant issued in 2019 for criticism of State Counsellor Aung San Suu Kyi. Numerous human rights groups described Wirathu’s anti-Muslim and xenophobic rhetoric as hate speech.

According to international humanitarian NGOs, the government continued to tightly restrict outside access, including UN and NGO humanitarian aid and media, to northern Rakhine State, northern Shan, southern Chin, and Kachin States during the year. NGOs stated the government’s travel authorization process for aid groups within the country effectively restricted aid and humanitarian access to displaced populations, in violation of international humanitarian law. During the year, the Red Cross Movement and World Food Program continued to maintain generally predictable access to meet life-saving emergency needs.

Multiple sources stated authorities and the military continued to single out Rohingya in northern Rakhine State to perform forced labor, including requiring them to transport soldiers, weapons and ammunition, and food supplies, and arbitrarily arrested them and imposed restrictions impeding their ability construct houses or religious buildings. According to reports, government officials were occasionally complicit with traffickers abducting Rohingya women and children in transit while fleeing violence, selling them into sex trafficking and forced marriage in India, Indonesia, and Malaysia.

Authorities in northern Rakhine State reportedly continued to prohibit Rohingya from gathering publicly in groups of more than five persons, prior to the imposition of COVID-19 restrictions. Rohingya refugees reported that exceptions to the five-person regulation applied only to marketplaces and schools.

Armed conflict between the government and ethnic armed organizations in Kachin and northern Shan States, begun in 2011, continued. It was often difficult to categorize specific incidents as based solely on religious identity due to the close linkage between religion and ethnicity. The United Nations reported that 107,000 persons remained displaced during the year by conflict in Kachin and northern Shan States, where many Christians and individuals from other religious groups lived. According to the United Nations, 97,000 persons remained displaced in Kachin State and 20,000 in Shan State.

According to NGOs, both the government and nationalist monks used their influence and resources to build Buddhist infrastructure in majority Christian areas, including in Kachin and Chin States, against the wishes of the local population. Minority religious communities said they perceived these efforts to be part of a process of “Burmanization.”

According to the Chin Human Rights Organization (CHRO), authorities continued practicing discriminatory and abusive policies against members of religious minority groups. The CHRO said that Christians in Chin State and Sagaing Region continued to face destruction of homes and places of worship and suffered physical violence by pro-military Buddhist nationalists, and that authorities prevented them from legally owning land and constructing religious buildings. The CHRO also said there were cases in which police failed to investigate or hold perpetrators to account for crimes against members of religious minority communities.

In Rakhine State, according to the United Nations and media reports, the situation remained unchanged from 2019, and government and security forces continued to restrict the movement of members of various ethnic and religious groups, particularly Rohingya. Restrictions governing the travel of persons whom the government considered foreigners, including both Muslim and Hindu Rohingya, some other Hindus living in Rakhine State, and others between townships in northern Rakhine State, varied depending on the township, usually requiring submission of an immigration form. The traveler could obtain this form only from the township of origin’s Immigration and National Registration Department and only if that person provided an original copy of a family list, temporary registration card, and letters from two guarantors. The form typically authorized travel for two to four weeks but was given almost exclusively for medical emergencies, according to human rights activists. Sources stated obtaining travel permits often involved extortion and bribes. Muslims throughout the country still faced restrictions on travel into and out of Rakhine State and reportedly feared authorities would not allow them to leave Rakhine State if they were to visit the state. According to an August report by Burma Human Rights Network, 160 cases against 1,675 individuals were documented over four years of discriminatory prosecution against Rohingya for attempting to move freely in the country.

According to NGOs, such restrictions continued to impede the ability of Rohingya to pursue livelihoods and education, access markets, hospitals, and other services, and engage other communities. Sources stated that individuals stereotyped by security forces as appearing to be Muslim continued to receive additional scrutiny on their movements in the region, regardless of their actual religion; obtaining these travel permits often involved extortion and bribes.

According to various religious organizations and NGOs, the process to register an NGO, whether religious in nature or not, remained lengthy and often went uncompleted due largely to bureaucratic inefficiency in local governments. Some NGOs that tried to register reportedly found the process extremely onerous. According to Myanmar Now, a leading national news organization publishing in Burmese and English, the Internal Revenue Department required an NGO categorized as an “advocacy group” to pay tax if the department determined the NGO had made a “profit,” based on its tax return. NGOs voiced concern that new tax rules could place an unfair burden on small organizations and limit their operations.

According to the Irrawaddy, on July 7, the Ministry of Religious Affairs and Culture ordered the removal of sitting Buddha statues in Nay Pyi Taw donated by members of the country’s former military regime because, it said, the stone idols were sculpted according to occult practices that contravene Theravada Buddhism, the country’s dominant religion.

According to the CHRO, the government continued not to issue permits for Christian religious groups to register and own land and properties. All such registration applications remained pending at year’s end, with some pending for more than 15 years.

Religious groups throughout the country, including Buddhists, Christians, Hindus, and especially Muslims, continued to report difficulties and delays that could last for years in getting permits to allow construction of and repairs to religious buildings. Buddhist leaders said obtaining such permission was more difficult for non-Buddhist groups. Representatives of religious groups said the need for multiple permissions, unclear authority among government agencies, and interminable delays in responses to requests for permits led them to construct places of worship without the required permissions, leaving them vulnerable to future government action, often as a result of pressure by members of other religious groups. Others said it was necessary to bribe authorities to obtain permits.

In areas with few or no mosques, Muslims often conducted prayer services and other religious practices, such as teaching, in private homes. The Ministry of Religious Affairs and Culture continued to restrict non-Buddhist religious teachings to government-approved religious buildings and prohibited prayer services and religious teaching in private homes.

Along with other houses of religious worship, mosques remained closed due to the COVID-19 outbreak as of the end of the year, although some authorities allowed limited renovation work to take place. In September 2019, some Muslim leaders formed a committee to press the government to reopen shuttered mosques across the country, most of which were closed by the government in the wake of 2012 communal Buddhist-Muslim violence in Rakhine State. The committee maintained a list of more than 40 shuttered mosques across the country. A 2019 list from the General Administration Department reported there were more than 800 mosques in Maungdaw Township, more than 400 in Buthidaung Township, and 10 in Rathedaung Township, all in northern Rakhine State. It was unknown how many of them had been shut down or destroyed. Twelve mosques and religious schools remained closed in Ayeyarwady, Mandalay, and Sagaing Regions, as well as in Shan State, according to the Burma Human Rights Network. A 2017 ban on prayers in eight Islamic schools in Thaketa Township in Yangon Region and the closure of two additional schools remained in force. Thirty-two mosques and religious schools in Yangon and Mandalay Regions remained closed. Human rights and Muslim groups reported that historic mosques in Meiktila in Mandalay Region, Hpa-An in Karen State, and other areas continued to deteriorate, in part because authorities denied permits to perform routine maintenance.

Muslims in Mandalay Region reported continued obstacles to rebuilding mosques after anti-Muslim violence in 2014. Authorities ordered mosques shut down after the 2013 anti-Muslim riots in Meiktila, and they remained closed, as did mosques in Bago and Mandalay Regions. Some Hindu leaders also reported authorities continued to limit access to religious sites.

A Chin-based NGO again reported local authorities in Chin State and Sagaing Region continued to delay applications from Christian groups and churches seeking to buy land in the name of their religious organizations. Religious groups said individual members continued to circumvent this requirement by purchasing land in their own names on behalf of the group, a practice the government tolerated.

According to the CHRO, the General Administration Department in Mindat, Chin State continued to require organizers of religious events and activities involving domestic and international NGOs to seek permission at least two weeks in advance from the Chin State government. COVID-19 restrictions that remained in place at the end of the year, however, stopped all events.

According to the CHRO, in January and before COVID restrictions were in place, the Chin State government prohibited a religious gathering organized by the Chin Baptist Convention, the largest Christian organization in Chin State. The event was scheduled to take place in Mindat Township, Chin State, with a focus on peace and environmental issues. Despite the convention’s having submitted a permission request in advance and having pledged not to discuss politics during the meeting, Chin State officials denied the request just prior to the scheduled start of the gathering.

While COVID-19 restrictions prevented most public events, sources said the government continued restrictions on both secular and religious civil society organizations holding public events in hotels and other venues, including requirements for advance notice of events and participants. NGOs sometimes turned to churches and other religious institutions in light of restrictions on the use of other venues. Many religious groups and NGOs said they preferred to receive written authorization from ward, township, and other local authorities before holding events to avoid last-minute cancellations.

Christian and Muslim groups seeking to build small places of worship on side streets or other inconspicuous locations continued to be able to do so only with approval from local authorities, according to religious groups.

The government continued to financially support Buddhist seminaries and Buddhist missionary activities. It continued to fund two state sangha universities in Yangon and Mandalay that trained Buddhist monks under the purview of the SSMNC, as well as the International Theravada Buddhist Missionary University in Yangon. According to religious organizations, the Ministry of Religious Affairs and Culture financially supported the SSMNC and religious ceremonies.

Teachers at many government schools reportedly continued to require students to recite Buddhist prayers. Many classrooms displayed Buddhist altars or other Buddhist iconography. According to the CHRO, Christian students were required to convert to Buddhism to access so-called “Na Ta La” schools in Chin State, which were better funded than public schools. The CHRO described Na Ta La schools as a “state-sponsored religious and cultural assimilation program.” The national elementary school curriculum included lessons and textbooks containing discriminatory and incendiary material, according to UN and NGO reports. According to sources, one high school textbook still commonly used included a poem that read, “Horse, the color of a coconut shell / slave, [the red-brown color of a] kalar.”

Several Christian theological seminaries and Bible schools continued to operate, along with several Islamic madrassahs, in Yangon, Sagaing, and elsewhere.

Due to movement restrictions, many Rohingya could not access education in state-run schools. Rohingya and Kaman children in central Rakhine State had physical access to only one high school, located in Thet Kae Pyin, Sittwe Township, according to international observers. Authorities generally did not permit Rohingya high school graduates from Rakhine State and others living in IDP camps to travel outside the state to attend college or university. Authorities continued to bar any university students who did not possess citizenship cards from graduating, which disproportionately affected students from religious minorities, particularly Muslim students. These students could attend classes and take examinations but could not receive diplomas unless they had a citizenship card, the application for which required some religious minorities to identify as a “foreign” ethnic minority.

A Rakhine State government university program for Rohingya and Rakhine students – launched during the 2018-2019 school year and expected to expand during the 2020-2021 school year – allowed students to attend University of Sittwe-administered courses in a limited distance education program.

In December 2019, the Center for Diversity of National Harmony (CDNH) and the embassies of the Netherlands and Denmark launched a small scholarship program in Rakhine State that allowed 100 students, both Rakhine and Rohingya, to attend East Yangon University in Yangon. Previously, Rohingya students were required to attend the University of Yangon because of stated government concerns regarding security if they attended school in Sittwe. According to CDNH, the program was set to expand in the 2020-2021 school year.

Human rights organizations again reported that schools sometimes submitted citizenship applications on behalf of non-Muslim students while denying the same privilege to Muslim students. Muslim students, after submitting the applications, sometimes had to pay bribes to immigration officials to obtain documentation. According to Rohingya rights organizations, instructors reportedly made anti-Muslim comments in university classrooms. Muslim students typically were not permitted to join institutes for professional studies. One human rights group documented the teaching of racist and anti-Muslim tenets in schools throughout the country.

According to a 2019 report by the Independent International Fact-Finding Mission, established by the United Nations Human Rights Council in 2017, the government continued to prevent Rohingya and other Muslims from holding congregational prayers on Friday or during religious festivities in Rakhine State. Rohingya refugees reported they were unable to freely celebrate Eid al-Fitr or other religious holidays for the past seven years.

According to media reports, Yangon authorities requested that Muslims observe Ramadan at home due to the COVID-19 pandemic. The pandemic led to additional government restrictions on all forms of worship, including Buddhist, Christian, and Muslim, but sources reported punishments for violation were disproportionally meted out to religious minorities. In July, the government permitted limited worship with fewer than 30 people at a time. Before the COVID-19 pandemic led to the suspension of public events, the White Rose campaign – which grew in response to anti-Muslim activities in 2019 – conducted food distribution and a “Peace Biker” rally in Yangon during Ramadan.

Although Muslims said government authorities had granted limited permission to slaughter cows during Eid al-Adha in prior years, COVID-19 restrictions prevented this activity in 2020. Media and religious sources said that in previous years, local authorities in some villages had restricted the licensing and butchering of cattle by slaughterhouses, the vast majority of which were owned by Muslims. Community leaders stated these restrictions negatively affected business operations and the ability of Muslims to celebrate Islamic holidays.

Sources continued to state that authorities generally did not enforce four laws passed in 2015 for the “protection of race and religion.”

Although there were no public reports of military donations to Ma Ba Tha during the year, according to the weekly newsmagazine Frontier, the military and military-linked Union Solidarity and Development Party (USDP) had a history of patronizing and funding Ma Ba Tha. In October remarks to Frontier, a monk active in Ma Ba Tha stated, “So what if Ma Ba Tha was funded by the USDP? It’s a charity organization. Everyone was welcome to support Ma Ba Tha’s mission and it is not fair to criticize the giving of donations to a Buddhist organization.”

On February 10, the military-aligned nationalist Buddhist organization Young Men’s Buddhist Association (YMBA) conferred its highest honor on the military’s Commander-in-Chief Min Aung Hlaing for protecting “race, language, [and] religion,” according to the newspaper Myanmar Times. On June 26, the YMBA issued a statement demanding “insults” to Buddhism, race, and religion must be stopped or be prosecuted, according to Frontier.

On January 26, Minister for Religious Affairs and Culture Aung Ko said during a Myanmar Muslim Youth Gathering in Yangon that he wanted to reopen closed mosques and build a large new mosque in Yangon, but he feared the reaction of what he termed “ultranationalist thugs.”

The 2019 case against monk Myawaddy Sayadaw for defaming the military was ongoing at the end of the year. NGOs stated that Sayadaw was an active participant in various peacebuilding and interfaith efforts.

A 2005 local order in Maungdaw Township in northern Rakhine State remained in effect, requiring residents, predominately Rohingya, to obtain local authorization to marry. In addition, some Rohingya sources expressed concern about the two-child policy for Rohingya families, referring to a 2005 local order promulgated in northern Rakhine State and sporadically enforced.

According to civil society activists, Rohingya remained unable to obtain employment in any civil service positions.

Buddhists continued to make up nearly all senior officials within the military and civil service. Applications for civil service and military positions continued to require the applicant to list his or her religion. Applications by Muslims for government jobs were largely rejected, according to one human rights organization.

Buddhists continued to make up the vast majority of parliamentarians. There were 60 Christian and two Muslim members of parliament: Sithu Maung (Yangon constituency) and Win Mya (Mandalay constituency). Neither of the two was Rohingya. According to political observers, the exclusion of Rohingya in the political process was based more on animosity towards Rohingya as an ethnic group than on Rohingya as followers of Islam. Twenty-Five Muslim candidates competed in the November general elections, compared with none in 2017 and 2018. The Union Election Commission barred seven Rohingya politicians from running in the elections on the grounds that their parents did not hold citizenship. Activists noted the difficulty of attributing this to anti-Muslim (rather than anti-Rohingya ethnic group) sentiment, citing the fact that five Muslim candidates from the Kaman minority were allowed to run.

According to Fortify Rights, because of discriminatory documentation requirements, Rohingya were disenfranchised en masse in the November general elections, both Rohingya still living in Rakhine State and Rohingya refugees living in Bangladesh. Second Vice President Henry Van Thio, a Chin Christian, continued to serve in his position, and the speakers of the upper and lower houses of parliament were Christian.

Authorities continued to require citizens and permanent residents to carry government-issued identification cards that permitted holders to access services and prove citizenship. These identification cards usually indicated religious affiliation and ethnicity. The government also required citizens to indicate their religion on certain official applications for documents such as passports, although passports themselves do not indicate the bearer’s religion. Members of religious minorities, particularly Muslims, continued to face problems obtaining identification and citizenship cards. Some Muslims reported they were required to indicate a “foreign” ethnicity if they self-identified as Muslim on their application for a citizenship card.

The government continued to call for Rohingya to participate in the government’s citizenship verification process and to apply for National Verification Cards (NVCs). The government said these cards were necessary to apply for citizenship under the 1982 citizenship law. NGOs reported that Rohingya were pressured or coerced to accept NVCs. There were reports that government officials required Rohingya to have an NVC to fish or access banking services. Many Rohingya expressed distrust of the process; they said they were already citizens and that they feared the government would either not affirm their citizenship or would grant naturalized rather than full citizenship, which carried fewer rights. Some townships in Rakhine State continued to require Rohingya to identify as “Bengali” to apply for NVCs and listed “Bengali” as their race on their citizenship scrutiny card, also known as “pink card.” At least one NGO stated that NVCs were a method used by authorities to diminish the citizenship standing and future rights of Rohingya by indicating they were foreigners. The few Rohingya who received citizenship through this process said they did not receive significant rights or benefits, and consideration of their citizenship applications usually required significant bribes at different levels of government.

State-controlled media continued to frequently depict military and government officials and their family members paying respect to Buddhist monks; offering donations at pagodas; officiating at ceremonies to open, improve, restore, or maintain pagodas; and organizing “people’s donations” of money, food, and uncompensated labor to build or refurbish Buddhist shrines nationwide. The government published and distributed books on Buddhist religious instruction.

Statements from various government ministries and departments, including the President and State Counselor’s Office, highlighted discriminatory attitudes toward Rohingya, according to the NGO Progressive Voice. According to media reports, the military continued a coordinated effort to spread anti-Muslim and anti-Rohingya sentiment through fictitious Facebook accounts and other social media. After media attention in July focused on a handful of cases of COVID-19 imported into Burma by Rohingya returning from Bangladesh, Kyaw Win, director of Burma Human Rights Network, said the narrative that Rohingya brought COVID-19 into Burma was an attempt to “divide the Rakhine and Rohingya community.”

On May 4, the government ordered all civil servants to stop using hate speech on social media and required civil servants to monitor and report online behavior to the central government. According to Radio Free Asia (RFA), civil society groups welcomed the move but were cautious about its intent and effect. Thet Swe Win, Executive Director of the Center for Youth and Social Harmony, told RFA, “We have noticed that the government has issued directives on hate speech in the past few days. This coincides with increasing international pressure, as they will soon submit a report to the ICJ. They may be politically motivated to reduce international pressure, but otherwise these measures are very good in nature.”

In January, former President Thein Sein urged voters to consider the protection of “race, religion and military” as they looked toward the November election. NGOs said this phrase was well-known coded language used to encourage discrimination against Rohingya.

The government hosted conferences and attended events with a number of interfaith groups, including Religions for Peace, to promote reconciliation, peace, and development through national and local initiatives in its interfaith councils, the Interfaith Youth Network, and Women of Faith Network. Events included multireligious, multistakeholder Community Forums for Advancing Peace and Development in Pyay, Bago Region, on February 19, and in Lashio, Shan State, on February 25. Religions for Peace participants included Buddhist, Muslim, Christian, Hindu, and Sikh leaders.

In February, Vice President Myint Swe and other senior government officials participated in an interfaith conference organized by Religions for Peace in Loikaw, Kayah State. During the event, Myint Swe urged respect for the country’s different faiths.

According to NGOs, the government generally regulated foreign religious groups in a manner similar to nonreligious foreign aid groups. Local religious organizations were also able to send official invitations for visa purposes to clergy from faith-based groups overseas, and foreign religious visitors acquired either a tourist or business visa for entry. Authorities generally permitted Yangon-based religious groups to host international students and experts.

Burundi

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution establishes a secular state; prohibits religious discrimination; recognizes freedom of thought, conscience, and religion; and provides for equal protection under the law regardless of religion. These rights may be limited by law in the general interest or to protect the rights of others, and may not be abused to compromise national unity, independence, peace, democracy, or the secular nature of the state, or to violate the constitution. The constitution prohibits political parties from preaching religious violence, exclusion, or hate.

By law, all religious celebrations and prayer sessions must not cause harm to the natural environment and must respect public order.

The government recognizes and registers religious groups through a 2014 law governing the operational framework of religious groups, which states these organizations must register with the Ministry of Interior. There is a 20,000 Burundian franc ($10) fee for registration. Each religious group must provide the denomination or affiliation of the institution, a copy of its bylaws, the address of its headquarters in the country, an address abroad if the local institution is part of a larger group, and the names and addresses of the association’s governing body and legal representative. Registration also entails identifying any property and bank accounts owned by the religious group. The ministry usually processes registration requests within two to four weeks. Leaders, administrators, or adherents of religious groups who continue to practice after their registration has been denied, or after a group has been dissolved or suspended, are subject to six months’ to five years’ imprisonment and a fine.

The law regulating religious groups incorporates additional specific registration requirements. Any new, independent religious group based in the country must have a minimum of 300 members. Foreign-based religious groups seeking to establish a presence in the country must have 500 members. The law prohibits membership in more than one religious group at the same time. The law prohibits foreigners from being part of executive and decision-making committees of religious groups at the national level.

The law on religious groups does not provide broad tax exemptions or other benefits for religious groups; however, the financial laws exempt from tax goods imported by religious groups if the groups can demonstrate importation of the goods is in the public interest. Some religious schools have agreements with the government entitling them to tax exemptions when investing in infrastructure or purchasing school equipment and educational materials.

The official curriculum includes religion and morality classes for all primary and secondary schools. The program offers religious instruction in Catholicism, Protestantism, and Islam, although all classes may not be available if the number of students interested is insufficient in a particular school. Students are free to choose from one of these three religion classes or attend morality classes instead.

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

Government Practices

The president of the country’s chapter of the Seventh-day Adventist Church, Lameck Barishinga, arrested in October 2019, remained in prison without formal charges. On September 24, according to media reports, the government met with a delegation from the East-Central Africa Division (ECD) of the Seventh-day Adventist Church, headquartered in Kenya, to discuss the imprisonment and other issues stemming from the ECD’s appointment of Barishinga as head of the Church after dismissing his predecessor in 2018. The government recognized the Church’s new four-person executive committee, appointed by the ECD in September to lead the Church until internal elections in July 2021, and during a joint press conference with the ECD delegation, urged members to accept the new leadership and avoid internal conflicts. On October 17, police intervened to prevent violence when former Church President Joseph Ndikubwayo led a group attempting to enter a church in Bujumbura during services held by David Bavugubusa, the chair of the new executive leadership committee; police arrested Ndikubwayo and an undetermined number of church members.

On November 10, the General Conference of Seventh-day Adventists released a statement thanking God for increasing religious liberty and freedom of conscience in the country, and expressing hope there would be even more progress in religious liberty activities in the country.

On February 27, police detained for two days Pastor Arthemon Nzambimana of Eglise Vivante (Living Church), who replaced former Pastor Edmond Kivuye after he fled Burundi in 2015. The police did not give a reason for the detention, but according to media and civil society representatives, the government likely disapproved of his leadership and intended to install Terence Mpanuwaka, a pastor considered close to the government, as the head of the Church. Police arrested Nzambimana again in May along with 10 other pastors from the Church and released them five days later after further questioning. Media reported police continued to interrogate Nzambimana periodically throughout the year, but that he was at liberty at year’s end.

On October 18, the government closed two Free Methodist churches in Cibitoke Province following clashes between members of the churches in which two persons were injured. Media reported tensions arose over internal conflicts between members of the churches’ leadership and congregations, which led to police intervening and arresting four church members for public disturbance.

Government officials routinely employed religious rhetoric before, during, and to a slightly lesser extent after the May national election in the context of political speeches, and invoked divine guidance for political and other important decisions. Opposition parties generally did not employ similar religious rhetoric during the campaign.

Pressure to join the Church of the Rock, run by former First Lady and ordained minister Denise Bucumi-Nkurunziza, significantly decreased according to observers, after President Evariste Ndayishimiye, a Catholic, assumed office in June.

President Ndayishimiye met with Protestant church leaders in October to discuss their roles in strengthening unity and social cohesion. According to media reports, the President urged them to manage peacefully conflicts within their churches because those conflicts sometimes led to public disorder. President Ndayishimiye also met with the Conference of Catholic Bishops in July and asked for their support of government development projects.

In July, the Ministry of Interior announced the suspension of requests to register new religious groups until further notice, citing the need for the ministry to design new registration and approval procedures. The ministry continued its 2019 suspension of construction of new churches and mosques in Bujumbura, which it stated was meant to guarantee order and provide better zoning regulation for the construction of future buildings.

Media reported weekly visits by government officials to various churches throughout the year, including by the President, Prime Minister, Speaker of the National Assembly, and President of the Senate. In some instances, officials were given the opportunity to preach about scriptures and moral issues. The Senate President also served as the legal representative of the Free Methodist Church in the country.

The CNDD-FDD, the country’s ruling political party, organized monthly “thanksgiving crusades” on the last Thursday of each month in all provinces around the country, and invited government officials, party members, religious leaders, and other notable local figures to attend. During the events, clergy from various churches gave thanks for the blessings the party and its members had received. Government officials delivered speeches that included references to scriptures and their applicability to events in the country, and recommended ways party members should improve their moral behavior on a personal level and as members of the party.

The Conference of Catholic Bishops deployed 2,716 domestic observers across the country to monitor the presidential and legislative election held in May. After the election, the Conference of Catholic Bishops released a statement denouncing what the conference stated were many irregularities regarding the freedom and transparency of the electoral process, as well as fairness in the treatment of certain candidates and voters. The president of the Independent National Electoral Commission stated it was “surprising” that of the 39 organizations that observed the general elections, only the Catholic Church identified irregularities. The president of the electoral commission invited the Church to review the reports from the other 38 organizations, most of which were identified as progovernment civil society organizations, to assess their veracity. On June 5, the Conference of Catholic Bishops released a public statement in which they “rejoiced with the electorate” and congratulated then President-elect Ndayishimiye.

Religious leaders appointed by the government to the Body for the Regulation and Conciliation of Religious Confessions, established by the government in 2018 to coordinate with religious groups, continued to serve as president and vice president of the body, and a government employee served as executive secretary. The body continued its efforts to promote dialogue among and within religious denominations during the year but was constrained by resource limitations, according to the body’s president, Charles Nduwumukama, pastor of Eglise du Plein Evangile (Full Gospel Church).

The government continued to grant benefits, such as tax waivers, to religious groups for the acquisition of materials to manage development projects. According to the Burundi Revenue Authority, the government also granted tax waivers on imports of religious materials such as printed materials, wines for masses, and equipment to produce communion wafers. In September, the government encouraged all religious leaders engaged in commercial activities to pay taxes in compliance with tax law and procedures.

Cabo Verde

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states freedom of conscience, religion, and worship are inviolable and protects the right of individuals to choose, practice, profess, and change their religion and to interpret their religious beliefs for themselves. It provides for the separation of religion and state, and it prohibits the state from imposing religious beliefs and practices on individuals. It prohibits political parties from adopting names associated with particular religious groups. The constitution prohibits ridiculing religious symbols or practices.

Violations of religious freedom are crimes subject to penalties of between three months and three years in prison. These may include discrimination against individuals for their expressed religion or lack thereof, violations of the freedom of and from religious education, denial of religious assistance in hospitals and prisons, denial of free speech to religious organizations, threats against places of worship, and violations of conscientious objection within the bounds of the law.

The law codifies the constitution’s religious freedom provisions by providing for equal rights and guarantees for all religions in accordance with the constitution and international law. The law separates religion and state but allows the government to sign agreements with religious entities on matters of public interest. Specific sections of the law guarantee the protection of religious heritage, the right to religious education, freedom of organization of religious groups, and the free exercise of religious functions and worship.

A concordat between the government and the Holy See recognizes the legal status of the Catholic Church and its right to carry out its apostolic mission freely. The concordat further recognizes Catholic marriages under civil law and the right of Catholics to carry out religious observances on Sundays, and it specifies a number of Catholic holidays as public holidays. It protects places of worship and other Catholic properties and provides for religious educational institutions, charitable activities, and pastoral work in the military, hospitals, and penal institutions. The concordat exempts Church revenues and properties used in religious and nonprofit activities from taxes and makes contributions to the Church tax deductible.

The law requires all associations, whether religious or secular, to register with the Ministry of Justice. The constitution states an association may not be armed; be in violation of penal law; or promote violence, racism, xenophobia, or dictatorship. To register, a religious group must submit a copy of its charter and statutes signed by its members. Failure to register does not result in any restriction of religious practice but can impinge on a religious group’s ability to conduct related activities, such as importing supplies, purchasing land, and constructing places of worship. Registration provides additional benefits, including exemptions from national, regional, and local taxes and fees. Registered religious groups may receive exemptions from taxes and fees in connection with places of worship or other buildings intended for religious purposes, activities with exclusively religious purposes, institutions and seminaries intended for religious education or training of religious leaders, goods purchased for religious purposes, and distribution of publications with information on places of worship. Legally registered churches and religious groups may use broadcast time on public radio and television at their own expense. The law requires religious groups to obtain the notarized signatures of 500 members before they may begin any activities related to developing their presence in the country. Failure to present the required signatures prevents religious groups from completing their formal registration process and obtaining tax-exempt status and protections to property and presence in the country. The law permits conscientious objection to mandatory military service on religious grounds.

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

Government Practices

Some public schools continued to offer an optional Religious and Moral Education Curriculum (EMRC), produced by the Catholic Church per the terms of the Holy See’s concordat with the government.

According to Ministry of Justice prison authorities, the government provided accommodation to inmates to practice their religions and to worship in the country’s correctional facilities.

Cambodia

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of belief and religious worship, as long as such freedom neither interferes with others’ beliefs and religions nor violates public order and security. The constitution establishes Buddhism as the state religion and provides for state support of Buddhist education; it also prohibits discrimination based on religion. The law requires that religious groups refrain from openly criticizing other religious groups, but it does not elaborate the legal consequences for those who violate this restriction. The law also forbids religious organizations from organizing events, rallies, meetings, and training sessions that are politically focused.

The law requires all religious groups, including Buddhist groups, to register with the MCR. The law mandates that groups must inform the government of the goals of their religious organization; describe their activities; provide biographical information for all religious leaders; describe funding sources; submit annual reports detailing all activities; and refrain from insulting other religious groups, fomenting disputes, or undermining national security. Registration requires approvals from numerous local, provincial, and national government offices, a process that can take up to 90 days. There are no penalties for failing to register, but registered religious groups receive an income tax exemption from the Ministry of Economy and Finance.

The law bans non-Buddhist groups from proselytizing publicly and stipulates that non-Buddhist literature may be distributed only inside religious institutions. The law also prohibits offers of money or materials to convince persons to convert.

The law requires separate registration of all places of worship and religious schools. Authorities may temporarily shut down unregistered places of worship and religious schools until they are registered. The law also makes a legal distinction between “places of worship” and “offices of prayer.” The establishment of a place of worship requires that the founders own the structure and the land on which it is located. The facility must have a minimum capacity of 200 persons, and the permit application requires the support of at least 100 congregants. An office of prayer may be located in a rented property and has no minimum capacity requirement. The permit application for an office of prayer requires the support of at least 25 congregants. Places of worship must be located at least two kilometers (1.2 miles) from each other and may not be used for political purposes or to house criminals or fugitives. The distance requirement applies only to the construction of new places of worship and not to offices of religious organizations or offices of prayer.

Schools that focus on religious studies must be registered with the MCR and the Ministry of Education, Youth, and Sport (MOEYS). MOEYS advises religious schools to follow the ministry’s core curriculum, which does not include a religious component. Non-Buddhist religious schools are permitted and may be either public or private. Secular public schools may choose to have supplemental Buddhist lessons, but they are required to coordinate with MOEYS when doing so. Not all secular public schools offer supplemental Buddhist lessons, and non-Buddhist students may opt out of such instruction. The law does not allow non-Buddhist supplemental religious instruction in secular public schools.

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

Government Practices

The government continued to refuse to allow UNHCR to permanently accept a group of Christian Montagnards from Vietnam who came to the country to claim refugee status. Of the original estimated 200 Christian Montagnards who had fled Vietnam and were in Cambodia in 2017, 12 remained in the country after two traveled illegally to Thailand and 13 returned to Vietnam voluntarily during the year. The government continued to require them to live in a specific area of Phnom Penh. The adults were not permitted to work, and the children were not permitted to attend school. The remaining 13 decided to stay in the country until they are permitted to leave for a third country.

The government continued to promote Buddhist holidays by grants of official status and declarations of government holidays. The government also provided Buddhist training and education to monks and laypersons in pagodas, and it gave financial support to an institute that performed research and published materials on Khmer culture and Buddhist traditions. The government did not grant similar treatment to other religious groups, including by declaring government holidays.

On July 24, MCR Undersecretary of State Thor Koeun led a delegation from the Cambodian Buddhist Institute to visit the Chinese Cultural Center in Phnom Penh. Following the meeting, Koeun proposed hosting a joint workshop to exchange information on the two countries’ customs, with a focus on their shared Buddhist traditions.

On March 17, Prime Minister Hun Sen announced a ban on all religious gatherings as part of the government’s pandemic response. After publishing health guidelines for Pchum Ben – a local Buddhist festival – gatherings on August 31, the government allowed Islamic religious gatherings to resume beginning September 5 on a trial basis and under Ministry of Health guidelines to prevent the spread of COVID-19, such as social distancing and a ban on sharing prayer mats. Christian churches were not allowed to convene their followers until September 11, when the government granted them permission to hold gatherings under the same health-related restrictions.

In March, when the government implemented more stringent health measures to prevent the spread of COVID-19, the Ministry of Health separated Muslim Cambodians from other Cambodian citizens – into their own “Khmer Islam” category – in official government statistics on COVID-19 infections. After receiving public criticism for singling out the religious minority group, the government began issuing official infection counts with a single “Khmer” category for all Cambodian citizens. There were subsequent reports of local merchants refusing to sell their goods to Muslims and some non-Muslims putting on a mask only when in the presence of a Muslim. Some civil society group and Muslim leaders pointed to the Ministry of Health’s “Khmer Islam” distinction – along with media reports of large numbers of Muslims returning with the disease from a religious gathering in Malaysia – as having partly caused a perception that Muslims had brought the virus to the country, sparking these incidents of discrimination. On June 9, the United Nations, in coordination with the Ministry of Health, launched a nationwide campaign to combat discrimination and hate speech during the COVID-19 pandemic. After the launch of the campaign, there were few reports of this discrimination continuing.

In October, the government issued a directive that required Buddhist clergy to obtain land titles recognized by the national government for pagodas in what it said was a move to better regulate religious institutions in the country. A spokesperson stated that pagodas had been involved in multiple land disputes in the past and said the move was meant to prevent “future consequences.” The spokesperson also said it would not cost money to obtain the titles. Some monks said they thought this new requirement would be used by the government to exercise more control over monks and pagodas. The government directive also put a temporary halt on new applications to establish Christian churches. The government said it was altering registration procedures and creating a new process to reregister existing churches. The government said this would apply to all religious groups.

Local authorities continued the process of returning 742 disputed hectares (1,800 acres) of land from an economic concession to Vietnamese company Hoang Anh Gia Lai (HAGL) to indigenous communities in Rattanakiri Province, which predominantly practice animist beliefs. In March, local villagers and land rights NGOs accused HAGL of destroying sites on the land earmarked for return considered sacred by the local indigenous communities, including two spirit mountains, wetlands, traditional hunting areas, and burial grounds. As of the end of the year, the government had not finalized the return of the land, which remained under the control of HAGL.

For the first time in seven years, Prime Minister Hun Sen did not host an iftar due to concerns regarding the spread of COVID-19. The Prime Minister conveyed his regrets to Muslim communities in the country on his Facebook page. On April 24, the Prime Minister issued a public statement wishing all Muslim communities inside and outside the country a happy Ramadan.

Cameroon

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution establishes the state as secular, prohibits harassment or discrimination on grounds of religion, and provides for freedom of religion.

The law on freedom of association governs relations between the government and religious groups. The government must approve religious groups or institutions as a prerequisite for lawful operation. Although the law prescribes no specific penalties for operating without official registration, the government may suspend the activities of unregistered groups. The government does not require indigenous religious groups to register, characterizing the practice of traditional religion as a private concern observed by members of a particular ethnic or kinship group or the residents of a particular locality.

To become a registered entity, a religious group must legally qualify as a religious congregation, defined as “any group of natural persons or corporate bodies whose vocation is divine worship” or “any group of persons living in community in accordance with a religious doctrine.” The entity must submit a request for registration as a religious group and include with it the group’s charter describing planned activities, names and functions of the group’s officials, and a declaration of commitment to comply with the law on freedom of association to the relevant divisional (local level) office. That office forwards the documents to the Ministry of Territorial Administration (MINAT).

MINAT reviews the file and sends it to the presidency with a recommendation to approve or deny. Registration is granted by presidential decree. Official registration confers no general tax benefits but allows religious groups to receive real estate as a tax-free gift for the conduct of activities and to gather publicly and worship. It also permits missionaries to receive visas with longer validity. Unregistered religious groups may gather publicly and worship under a policy of “administrative tolerance” as long as public security and peace are not disturbed.

MINAT may issue an order to suspend any religious group for “disturbing public order,” although no legislation defines these terms. The President may dissolve any previously authorized religious organization that “deviates from its initial focus.”

The Ministry of Basic Education and the Ministry of Secondary Education require private religious schools to comply with the same curriculum, infrastructure, and teacher-training standards as state-operated schools. Unlike public schools, private schools may offer religious education.

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

Government Practices

Media and religious leaders said most abuses of religious freedom were related to the armed conflict involving English-speaking separatists in the Northwest and Southwest Regions and nonstate extremist actions in the Far North Region.

According to media reports, on July 4, security forces shot and killed Brice Ebangi, a timekeeper at the Presbyterian Church of Cameroon (PCC), as he rang the church bell at 5 a.m. to summon congregants for morning prayers. According to the international nongovernmental organization (NGO) Center for Human Rights and Democracy in Africa (CHRDA), the soldiers who entered the village of Bangem, Southwest Region, before dawn to conduct “antiseparatist operations” shot Ebangi outside the church building as he conducted his daily bell-ringing routine. The soldiers reportedly said Ebangi rang the bell to alert residents to their arrival. According to media, the soldiers also arrested and physically assaulted several civilians, injuring one individual, and looted and burned several houses.

According to CHRDA, on August 13, government forces arrested and later killed a pastor and two of his followers from the Repentant Servants Church of Ambazonia in the village of Mautu in the Southwest Region. Soldiers reportedly entered the church, over which flew an “Ambazonia” flag associated with Anglophone separatists, arrested the pastor and several of his aides, and killed two who attempted to escape. An August 13 video posted on social media showed soldiers interrogating the pastor and his followers before he was killed.

On October 13, multiple media outlets reported that police arrested a Douala-based Jesuit priest, Ludovic Lado, as he marched from Douala to Yaounde to raise awareness about violence in the English-speaking Northwest and Southwest Regions. Police in Edea, 40 miles from Douala, interrogated Lado before returning him to Douala. Lado said his protest underscored the right to organize peaceful protests. He called for the release of hundreds of members of the Cameroon Renaissance Movement political party arrested for antigovernment protests on September 22.

On January 19, according to a January 21 statement released by PCC moderator Samuel Forba Fonki, security forces arrested a PCC pastor after the Sunday service in Bali Nyongha in the Northwest Region. The statement said the pastor was physically assaulted, incarcerated, and hospitalized after his release, and it described the incident as “sacrilegious to the worship of God.”

On February 19, PCC moderator Fonki issued a press release stating that unidentified individuals set fire to the Presbyterian church in Mbufong-Bali in the Northwest Region. A February 17 video on social media showed members of the church lamenting the loss of the church building. According to media, government forces battling Anglophone separatists carried out the attack. While the PCC statement did not directly blame government forces for the attack, it stated that “a military solution would not resolve the ongoing conflict in the Anglophone regions.”

According to a pastor of the Cameroon Baptist Convention (CBC) based in Bamenda, on July 18, soldiers occupied the CBC church in Pinyin, Northwest Region and used it as a base from which to carry out attacks against separatists. The pastor said the soldiers killed two persons, broke into homes, looted stores, and stole property. Soldiers reportedly roasted animals in the church and desecrated the sanctuary.

On October 17, media reported local gendarmes in Ndop, Northwest Region, arrested Pastor Samuel Kensam Konseh, a chaplain and former Director of Evangelism and Missions of the CBC. According to a church leader, security forces accused Konseh of collaborating with and financially supporting separatists but released him on October 20.

According to media, on June 21, soldiers arrested parishioner Kuoh Nawayn during a Mass at Catholic St. Anthony’s Church in Njinikom, in the Northwest Region. Witnesses said security forces released Nawayn shortly after her arrest and that the reason for her arrest was unclear.

According to CBC pastor Godlove Nchanji, on February 5, soldiers occupied the CBC mission compound in Ntumbaw during military operations and threatened him with a machete when he asked them to leave on February 12. Nchanji said soldiers questioned him on February 16 after he spoke to Human Rights Watch and left the compound the same day.

On September 18, according to Sandra Che, a member of the Catholic Church in the Alamatu neighborhood in Bamenda, security forces ordered parishioners to leave during a prayer session. Observers said soldiers forced parishioners to sit on the floor and verbally abused them before forcing them to return to their homes. According to an official at the Presbyterian Church in Alamatu, during Bible study on September 22, soldiers seeking Anglophone separatists repeatedly fired their weapons on the church premises and remained outside the chapel in which parishioners had locked themselves. The official said parishioners laid on the floor and hid under pews until the soldiers left.

According to PCC pastor Gustav Ebai, government forces and armed separatists in the Anglophone regions regularly prevented individuals from participating in worship. Multiple online media outlets reported that on June 21, members of the Catholic Church in M’mouck Leteh in the Southwest Region had to interrupt the Mass and take cover as soldiers and separatists exchanged gunfire near church grounds. On September 13, the Guardian Post newspaper reported that soldiers disrupted church activities and prevented residents of Bamenda from attending church services during military operations against separatists.

On August 5, authorities shut down the Tabernacle of Liberty Church of All Peoples in Yaounde after church leaders described COVID-19 as a hoax and reportedly told members not to comply with government measures to contain the pandemic. According to Center Region Governor Paul Bea Naseri, three students who were members of the church refused to comply with the mandatory school mask policy because their pastor forbade the practice. According to Voice of America, many followers continued to worship in front of the church after the government shut it down.

The government again took no action to adjudicate applications for registration by a number of religious groups whose applications had been pending for years. The government approved only one new religious group in the last 18 years and none since 2010. Although by law groups must register, the government continued to allow hundreds of unregistered small religious groups to operate freely under its policy of “administrative tolerance.” Some religious group members suggested the government used the delay in registrations as a way to curb unregistered churches and to create tension between those with proper credentials and those without.

On October 8, a religious leader said that officials at MINAT could do little to facilitate the registration process because the Presidency, which had final authority, was unwilling to register new religious groups. He said the government did not view freedom of religion as an individual right and that the government often closed unregistered churches for perceived violations by individual pastors.

The government continued to grant broad legal authority to traditional leaders to manage their districts. As part of this authority, traditional leaders continued to exercise control over local mosques with the right to appoint or dismiss imams.

The state-sponsored television station and radio stations regularly broadcast Christian and Islamic religious services and ceremonies on national holidays and during national events. Government ministers and other officials often attended these ceremonies.

The government provided an annual subsidy to all private primary and secondary education institutions, including those operated by religious denominations. The size of the subsidy was proportional to the size of the student body.

Canada

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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

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

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

A Quebec government law passed and implemented in 2019 prohibits certain provincial government employees from wearing religious symbols while exercising their official functions. The law defines a religious symbol as “any object, including clothing, a symbol, jewelry, an adornment, an accessory, or headwear, that (1) is worn in connection with a religious conviction or belief; or (2) is reasonably considered as referring to a religious affiliation.” Among categories included in the law are president and vice presidents of the national assembly; administrative justices of the peace; certain municipal court employees; police, sheriffs, and deputy sheriffs; certain prosecutors and criminal lawyers; and certain principals, vice principals, and teachers, among others. The law also requires anyone seeking certain provincial government services to do so with “face uncovered.” The law invoked the “notwithstanding clause” of the federal constitution, which permits a province to override specific constitutional protections for a period of five years to prevent citizens from bringing challenges to the law based on the federal constitution. The religious symbols ban applies to public school teachers, government lawyers, judges, prison guards, and police officers, among others. It exempts provincial employees working prior to the implementation of the law, but they lose their right to wear religious symbols upon changing jobs or receiving a promotion.

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

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

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

Government Practices

In November, the Quebec Court of Appeal reduced the sentence of a Quebec man to 25 years before eligibility for parole from 40 years after he pled guilty in 2018 to six counts of first-degree murder for killing six worshippers at the Islamic Cultural Centre of Quebec in 2017. Twenty-five years without parole eligibility is both the minimum term for first-degree murder and the customary maximum. The court ruled the original 40-year term was “grossly disproportionate” and struck down the law permitting consecutive maximum 25-year life sentences without parole as unconstitutional. The court stated its decision pertained to the constitutionality of the law and the arbitrary nature of the sentencing judge’s calculation of the sentence, not to the gravity of the crime. The original sentencing judge had rejected the prosecution’s recommendation for consecutive sentences for the six victims for a total of 150 years as constituting cruel and unusual punishment under the Canadian Charter of Rights and Freedoms. Both the convicted man and the prosecution had appealed the 40-year sentence.

Provinces temporarily banned in-person religious gatherings or imposed restrictions limiting the number of persons permitted to gather to stem transmission of COVID-19 that varied by province. Restrictions fluctuated during the pandemic, based on local conditions. For example, in March, Ontario temporarily banned gatherings of more than five persons for any purpose, including for religious assembly, and then in May, the province loosened some rules, including allowing drive-in worship services, after religious leaders of multiple faiths signed a joint letter to the Premier of Ontario asking for changes for religious groups due to the impact of these limits on religious assembly. Ontario permitted spaces of worship to reopen in June, subject to a 30 percent cap of the capacity of their room or structure. Ontario then tightened regulations on gatherings for any purpose as of September 30 due to an increase in COVID cases in the province, limiting them to 50 persons or fewer in indoor licensed facilities or to 10 individuals or fewer in private facilities, but permitted spaces of worship to retain their ability to host up to a 30 percent cap of capacity indoors and a maximum of 100 persons outdoors. On December 21, Ontario announced additional restrictions on gatherings effective December 26, which included a limit of 10 persons at religious services, funerals, and weddings, whether they occurred indoors or outdoors. Other provinces, such as British Columbia and Alberta, allowed religious gatherings of up to 50 persons as long as physical distancing could be maintained; however, in November, British Columbia prohibited in-person religious services, except for time-sensitive events such as funerals, marriages, or baptisms, with a limit of 10 persons due to a rise in COVID-19 case numbers. Separately, in May, four Toronto-area Orthodox rabbis sent a letter to the Premier arguing the province’s cap on gatherings of five persons prevented Orthodox Jews from meeting their religious obligation for a quorum of 10 males to pray.

In September, Quebec reduced the number of persons who could gather in public places, including places of worship, to 25 to 250 persons in specific regions of the province calibrated to the number of cases of COVID-19 locally, although where settings involved little talking or singing the higher cap of 250 persons applied. In September, a group of Quebec leaders representing various faiths issued a public statement asking for all places of worship to be subject to the 250-person limit. Quebec faith leaders said the province did not consult with religious groups before imposing limits on assembly for religious observance and that the lower limits applied to religious compared to some nonreligious venues constituted discrimination. In November, the Quebec government proposed a “Christmas reprieve” allowing limited social gatherings for Christmas celebrations. Leaders of other faith groups said the decision discriminated against their faiths because the province had not lifted public health restrictions during the year for celebrations of their religious holidays. In December, the government reversed its decision, citing a surge in COVID-19 cases. Also in December, an Alberta judge dismissed an emergency application by two Southern Baptist churches and individuals for a temporary injunction to suspend provincial restrictions to allow for in-person religious and seasonal celebrations of Christmas pending a hearing of their suit, filed earlier the same month, to strike down the restrictions as undemocratic and as a violation of constitutional rights to religious freedom. The judge ruled the public interest outweighed the restrictions of rights and that the application did not meet evidentiary benchmarks to grant an injunction. The court did not hear the suit by year’s end.

In April, some members of the Kiryas Tosh Hasidic Jewish community in Broisbriand, a suburb of Montreal, said they faced police and societal discrimination after local police enforced a mandatory quarantine on the 4,000-member community in response to a significant outbreak of COVID-19 cases among its members. The Kiryas Tosh community had initiated a voluntary self-quarantine that the local municipality made mandatory in late March and applied to “the Jewish community” rather than a geographical area. The quarantine confined residents to their homes except to buy food at community stores or in case of medical emergency. Religious gatherings were initially cancelled per an order by the Quebec government that extended to all faith groups across the province. Some residents said public officials and police singled out Jews in applying the local quarantine order and that the lockdown was disproportionate, and they expressed concern that local authorities and media stigmatized and inaccurately portrayed the Jewish community as responsible for transmitting COVID-19. Local media reported incidents of community members disregarding public health regulations. Other Hasidic community members said police acted appropriately, that the quarantine was imposed in coordination with community leaders, and that the restrictions did not prompt widespread concerns within the Hasidic community.

In October, the federal Royal Canadian Mounted Police (RCMP) reversed a policy that had assigned its officers who wear religiously-mandated beards to desk duty during the COVID-19 pandemic. Representatives of the World Sikh Organization (WSO) in September said the RCMP had failed for six months to respond to its complaint that the police force discriminated against its officers who wear religiously mandated beards. RCMP policy required active duty officers to wear respirator masks during the pandemic, and the force stated that facial hair prevented the masks from forming an effective seal. The WSO said other police forces in the country had made an accommodation for religiously-mandated facial hair, but the RCMP stated that as a federal police force, it was uniquely subject to the federal labor code and federal health and safety regulations requiring a clean-shaven face for proper use of the masks. Opposition parties raised the issue in the federal parliament. Prime Minister Justin Trudeau and federal Minister of Public Safety Bill Blair said the RCMP mask policy was discriminatory and directed the RCMP to find an “appropriate accommodation” to allow officers to serve their communities while practicing their faith. The RCMP permitted bearded officers to respond to operational calls wearing the facemasks in cases where supervisors determined the risk of exposure to COVID-19 was low or where multiple responding officers were present. The RCMP said it continued to work to procure a facemask that met operational and health and safety requirements without discriminating against members.

In November and December, the Quebec Superior (general trial) Court concurrently heard separate challenges by four groups of plaintiffs, including the National Council of Canadian Muslims, Canadian Civil Liberties Association, the English Montreal School Board, a Quebec teachers union, and individuals, to strike down as unconstitutional a provincial Quebec law prohibiting certain categories of government employees from wearing religious symbols while exercising their official functions. The Supreme Court, the country’s highest court of appeal, previously had declined to hear a request for an injunction to suspend the law passed in 2019. The law remained in force through year’s end. The plaintiffs stated a subnational government could not infringe on the fundamental and federally guaranteed constitutional rights granted to all citizens. Although the law applied to the wearing of religious symbols of all faiths, according to press reports, the legislation primarily excluded religious minorities whose religion mandates the wearing of religious symbols or dress from positions of authority, including in education and law enforcement. The press also said the legislation unfairly targeted Muslim women in the province who wear hijabs or other head coverings.

The National Council of Canadian Muslims, Canadian Civil Liberties Association, and an individual plaintiff contested the constitutionality of the law, stating that only the federal government could limit rights to religious observance and that the same principle should apply to a law that attempted to regulate religious nonobservance. The plaintiffs said the law discriminated against faith communities by limiting their ability to access public institutions, and the law’s definition of “religious symbols” was so vague it could not be applied consistently and was therefore discriminatory. The plaintiffs also challenged portions of the law prohibiting individuals from receiving certain government services with their faces covered. The three other organizations that filed separate challenges to the law were a multifaith organization on behalf of three teachers – a Catholic and two Muslims – who wore religious symbols; the English Montreal School Board, the largest English language school board in Quebec; and a Quebec teachers union representing 45,000 teachers. The English Montreal School Board applied for, and was granted, funding for its case through a publicly-funded federal court challenges program. The program was administered independently from the federal government by the University of Ottawa, which selected recipients for program funding based on the human rights significance of their case, but the Premier of Quebec declared the use of federal money to sue the Quebec government an “insult” to Quebec. In February, the Montreal English School Board decided not to accept the funding but continued with its suit.

In September, a Quebec judge who declined to hear a Muslim woman in court in 2015 unless she removed her hijab provided a written apology to complainant Rania El-Alloul. The apology was the result of a negotiated settlement that also terminated related disciplinary proceedings against the judge.

According to media reports, in April, the city of Mississauga, Ontario granted an exemption to its noise bylaws to permit local mosques to broadcast daily calls to prayer outdoors during the month of Ramadan to facilitate religious observance for persons unable or unwilling to worship indoors due to COVID-19. A Facebook group called “Mississauga Call to Prayer on LoudSpeaker Unconstitutional,” which included some self-identified secular Muslims and had 10,445 members as of August, objected to the allowance of the prayer in public spaces. The group launched a crowdfunding drive for a constitutional challenge to the exemption, but did not file suit by the end of the year. Hindu Forum Canada, a Mississauga-based nonprofit advocacy group, opposed the exemption on the grounds that Canada is a multifaith society. The call to prayer was the first time the broadcast was permitted publicly in the country. Other Ontario cities, including Toronto, Brampton, Hamilton, Windsor, and Ottawa, as well as Calgary and Edmonton, Alberta, and Vancouver, British Columbia, issued similar noise bylaw exemptions for Ramadan. Hindu Forum Canada subsequently reversed its opposition and sought and received a similar exemption from the Mississauga City Council for Hindu temples. The city granted an exemption for Hindu temples to broadcast hymns during three major Hindu festivals every evening at 7:00 p.m. for five minutes between August 11 and September 1.

In August, the Alberta Human Rights Commission ruled for the second time in favor of two Muslim students barred from praying at their nondenominational private school. The school had accommodated the boys’ request for prayer space briefly after enrolment in 2011 but withdrew permission on the basis that it contravened the school’s secular character. When the boys continued to pray, the school expelled them. The Alberta Human Rights Commission ruled the school had discriminated on the basis of religion and ordered the school to pay a 26,000 Canadian dollar ($20,400) fine in 2015. The school appealed, and the Alberta Court of Appeal overturned the commission’s finding and ordered a new hearing before the Alberta Human Rights Commission. The commission appealed the order to the Supreme Court, which declined to hear the case, returning it to the commission, which renewed its original finding of discrimination. According to media reports, the school said it would appeal the second finding of discrimination, stating the decision set a “dangerous precedent” in contravening its right to welcome students of all faiths, or no faith, in a secular environment and ignored the human rights of other students. In news reports, Imam Syed Soharwady of the Islamic Supreme Council of Canada said the school was demonstrating “arrogance and ego” and doing the wrong thing by “dragging on” the case, and should apologize and accept the decision.

In January, Quebec Education Minister Jean-Francois Roberge announced plans to abolish the province’s ethics and religious culture course, compulsory in all Quebec schools since 2008 and taught from grades 1 to 11, with the exception of Grade 9. He said the government believed there was “too much” religion in schools and the revision was “part of the government’s desire to offer students a modern citizenship education course” focused on secular “21st century themes” such as democracy, citizen engagement, legal education, sexuality, and ethics. In February, the government held consultations to solicit public comment on content for the new course. The government planned to test the new curriculum in some schools during the 2021-2022 school year and implement it in all Quebec schools in September, 2022. Observers stated the change aligned with the government’s wider vision of a “secular” Quebec, and was consistent with its passage of legislation prohibiting the wearing of religious symbols by provincial public employees.

In May, Public Schools of Saskatchewan filed an application with the Supreme Court to appeal a March ruling by the Saskatchewan Court of Appeal that the provincial government continue to fund non-Catholic students attending Catholic schools. The application remained pending through year’s end. The provincial appeal court unanimously overturned a 2017 lower court ruling that public funding for non-Catholic students to attend Catholic schools discriminated against secular schools and those of other religious groups in favor of Catholic education. The provincial government and the Saskatchewan Catholic School Boards Association welcomed the court of appeal ruling, but the public school plaintiffs stated the case had national implications, including for separate schools in Alberta and Ontario, and the conflicting judgments required clarity from the country’s top court.

In December, the Quebec Superior Court dismissed a request from a Jewish couple for a binding judgment that the province had failed to regulate schools and should provide a remedy to ensure children who attend private religious schools in the province receive an education compliant with the provincial curriculum. The court acknowledged past problems with the schools, but it ruled provincial education authorities acted in accordance with laws in place at the time. It stated the provincial government addressed challenges in 2017 by tightening regulations granting the province broader powers to close illegal schools or to intervene in cases where a child’s education was being neglected, and by allowing ultra-Orthodox children to register for home schooling with the secular curriculum to supplement their religious education. The provincial government further strengthened the regulations in 2019. The court stated the home schooling agreement for ultra-Orthodox Jewish communities was a success. The president of Quebec’s Jewish Association for Homeschooling said parents tried to balance the preservation of their faith with satisfying provincial educational requirements. A significant number of parents had signed home schooling agreements with the provincial education ministry since 2017 that included permitting their children to take provincial tests, and at least one religious school helped prepare its students for such exams.

According to the CanAm Hutterite Colony in southwest Manitoba, in July, provincial governments’ publication of COVID-19 outbreaks in Hutterite communal living settings led to cultural and religious profiling. Media reported that some Hutterites in Manitoba, Saskatchewan, and Alberta were denied service in commercial stores outside their colonies. The country’s chief public health officer and premiers of the three provinces stated publicly that surrounding communities should not stigmatize Hutterite colonies. The premiers and public health authorities said Hutterites were cooperating with testing, and were working with health officials to try to limit the spread of the virus. Some colonies adopted the wearing of masks and/or voluntarily restricted travel into and out of the colonies. In July, at the request of the CanAm Hutterite Colony and responding to the colony’s intention to file a human rights complaint, Manitoba ceased publicly identifying colonies where members had tested positive. Also in July, the Hutterian Safety Council wrote to the Saskatchewan government requesting the same discretion and questioning why Hutterite colonies were identified in case updates in press reports where the virus risk was contained, given that no other societal group was identified with specific outbreaks. Saskatchewan’s chief medical health officer said it was important to inform the public where new cases occurred. The province published updates on outbreaks by region, community name, known source of infection, and case status on its public COVID-19 dashboard, but not by societal or cultural group.

Eight lawsuits by religious and other organizations filed in 2018 that sought to reverse denial of their grant applications by the federal government under the Canada Summer Jobs Program remained pending before the Federal Court, with no hearing scheduled as of the end of the year. The federal government had denied their applications after the recipients would not sign an attestation the government imposed as a condition of receiving funding. The attestation required recipients to confirm that their core mandate and the summer jobs for which they planned to use the federal funds respected the Canadian Charter of Rights and Freedoms, as well as other rights and associated case law, including the right to abortion, reproductive and sexual health services, gender equality, sexual orientation, or gender identity or expression. The plaintiffs stated the attestation infringed on their rights to freedom of religion and of expression.

In February, a Quebec real estate broker asked the Quebec government to formally strike anti-Semitic clauses from archaic certificates of location and deeds of sale that prohibited sales of such property to “persons of Jewish origin.” The Supreme Court invalidated these covenants decades ago, but some remained on paper for older properties. A spokesperson for the Quebec Minister of Justice acknowledged the clauses were discriminatory and said the government “needs to do a more comprehensive legal analysis to assess what would be the best collective remedy.” The spokesperson advised owners who have the clause in their covenants to invalidate them in court or decline to apply them during the sale, but the real estate broker who brought the complaint said the responsibility lay with the government, not property owners. The broker said the government should enact legislation requiring notaries to strike the clauses from documents.

In November, Prime Minister Trudeau appointed the country’s first Special Envoy for Holocaust Remembrance and Combating Anti-Semitism. The Special Envoy was designated to lead the country’s delegation to the International Holocaust Remembrance Alliance (IHRA) and work domestically to promote Holocaust education, remembrance, and research. B’nai B’rith said it had advocated for the appointment of a Special Envoy as part of its “Eight-Point Plan to Tackle Anti-Semitism,” and it described the appointment as “a major step forward in the fight against anti-Semitism” in the country. On January 27, Prime Minister Trudeau issued a statement on International Holocaust Remembrance Day in which he said the country would continue to address a resurgence of anti-Semitism domestically and abroad. He said the government had adopted the IHRA definition of anti-Semitism in its anti-racism strategy; recommitted to the principles of the Declaration of the Stockholm International Forum on the Holocaust; and had supported the adoption of the 2020 IHRA ministerial declaration as part of these efforts. He also reaffirmed the country’s commitment to Holocaust remembrance and education. Also in January, the Governor General, the country’s vice-regal representative, attended the commemoration of the 75th anniversary of the liberation of Auschwitz-Birkenau in Poland, and the Fifth World Holocaust Forum, “Remembering the Holocaust: Fighting Anti-Semitism,” in Jerusalem.

The National Holocaust Remembrance Ceremony in Ottawa scheduled for April 21 was cancelled due to the COVID-19 pandemic. Prime Minister Trudeau issued a statement on Yom HaShoah, Holocaust Remembrance Day, in which he urged citizens to observe the day through virtual or other means and stated, “Sadly, acts of anti-Semitic violence are still frequent today, and it is our solemn duty to stand united and vigilant against all forms of anti-Semitism, hatred, and discrimination. We must be clear: attacks against the Jewish community are attacks against all of us. Today – and every day – we stand with Jewish communities here in Canada and around the world to vow, ‘Never Again’.”

In October, Ontario became the first province to adopt the IHRA definition of anti-Semitism, following its adoption by the federal government in 2019. Elsewhere, debate on the IHRA continued throughout the year. In January, Montreal Mayor Valerie Plante did not support a city council motion for the city to adopt the IHRA definition, stating to media that she was “absolutely not” rejecting the motion, but rather was suggesting Montreal formulate its own definition. Gail Adelson-Marcovitz and Reuben Pouplo, national President of the Centre for Israel and Jewish Affairs (CIJA) and cochair of CIJA-Quebec, respectively, issued a joint communique, stating, “We are deeply disappointed that Montreal Mayor Valerie Plante did not support the adoption of the most widely accepted definition of anti-Semitism. The mayor failed to seize the opportunity and show leadership on International Holocaust Remembrance Day to demonstrate that the City of Montreal is committed to combating anti-Semitism, which is rapidly increasing around the world.” Expressing support for the mayor’s position, members of the NGO Independent Jewish Voices (IJV) stated the IHRA definition was “designed to silence criticism of Israel and Zionism by equating this criticism with anti-Semitism and the wrong way to counter anti-Semitism.” In February, the Canadian Federation of Students endorsed IJV’s position on IHRA, stating the IHRA “infringes on both freedom of expression and academic freedom in post-secondary education campuses.” Other city councils, including the city council of Westmount, a Montreal suburb, and the city council of Vaughan in the Toronto area, endorsed the IHRA definition of anti-Semitism.

According to B’nai B’rith Canada, petitions sponsored by the organization prompted the city council of Ajax, Ontario in August to vote to rename a street in a new subdivision that commemorated the German battleship Admiral Graf Spee, and in November to vote to rename another street that commemorated the ship’s captain, Hans Langsdorff. The vessel and its crew fought for Germany in World War II. In July, B’nai B’rith Canada issued a joint call with the Canadian Polish Congress for the removal of monuments in Edmonton, Alberta and Oakville, Ontario, which the two organizations said honored Nazi collaborators.

Central African Republic

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of religion under conditions set by law and equal protection under the law regardless of religion. It prohibits all forms of religious intolerance and “religious fundamentalism” but does not define these terms. The law also requires the head of state to take an oath of office that includes a promise to fulfill the duties of the office without any consideration of religion.

Religious groups, except for indigenous religious groups, are required to register with the Ministry of the Interior, Public Security, and Territorial Administration. To register, religious groups must prove they have a minimum of 1,000 members and their leaders have adequate religious education, as judged by the ministry. Indigenous religious groups may receive benefits and exemptions offered to registered groups regardless of their size.

The law permits the denial of registration to any religious group deemed offensive to public morals or likely to disturb social peace. It allows the suspension of registered religious groups if their activities are judged subversive by legal entities. There are no fees for registration as a religious organization. Registration confers official recognition and benefits, such as exemptions from customs tariffs for vehicles or equipment imported into the country. There are no penalties prescribed for groups that do not register.

The law does not prohibit religious instruction in public or private schools, but religious instruction is not part of the public school curriculum.

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

Government Practices

The government continued to exercise limited or no control or influence in most of the country, which observers said was due largely to the presence of armed groups, including the ex-Seleka, a grouping of predominantly Muslim armed groups, and the anti-Balaka, a grouping of predominantly Christian armed groups. Police and the gendarmerie failed to stop or punish abuses committed by militias, including killings, physical abuse, and religious-based violence, according to human rights organizations. For instance, between March and April, clashes between two predominantly Muslim armed groups from different ethnic groups, the Goula and the Rounga, resulted in the deaths of more than 50 combatants and civilians and affected more than 1,200 civilians in the town of N’dele. Conflicts between the Popular Front for the Renaissance of the Central African Republic (FPRC) and the Movement of Central African Freedom Fighters for Justice (MLCJ) reportedly led to the segregation of their respective ethnic groups in IDP camps in Birao. A Muslim advocacy organization reported it had documented Muslims being subjected to arbitrary and long pretrial detentions by the government when the government pursued majority-Muslim armed groups.

The United Nations Multidimensional Stabilization Mission in the Central African Republic (MINUSCA) remained the only force capable of maintaining security in much of the country, according to peacekeeping experts, but MINUSCA stated it remained hampered in its ability to protect civilians due to an increase of electoral violence and the closure of the main supply routes in December as well as limited resources and personnel and poor infrastructure.

Because religion, ethnicity, and politics were often closely linked, it was difficult to categorize many incidents as solely based on religious identity. Most observers, including the United Nations Panel of Experts on the Central African Republic, described the conflict in the country along ethnic lines, which mostly overlap with religious beliefs.

Thirteen of the country’s armed groups remained as formal signatories to the terms of the 2019 APPR, which was originally signed by 14 armed groups, while the government generally followed the terms, according to international observers. Among other commitments, the armed groups agreed to refrain from acts of violence directed at places of worship. The Return, Reclamation, Rehabilitation (3R) armed group, however, suspended its participation in the APPR implementation mechanisms in June. In December, armed groups formed a new alliance, the Coalition of Patriots for Change (CPC), which included two predominantly Christian anti-Balaka groups, predominantly Muslim ex-Seleka groups (MPC – Central African Patriotic Movement, UPC – Union for Peace in the Central African Republic, FPRC), and the mostly Fulani, predominantly Muslim 3R. Experts widely viewed these groups as violating the terms of the APPR and responsible for the significant disruption of election on December 27.

In January, after public consultations, the National Assembly passed a law creating a Truth, Justice, Reparations, and Reconciliation Commission in support of the APPR. The Commission will have 11 members, including four women, with a mandate to promote a national dialogue on the conflicts that have seriously marked the country since independence.

In July, the International Criminal Court (ICC) set a February 2021 hearing date in the case of Alfred “Rambo” Yekatom, an anti-Balaka commander and former member of parliament, and Patrice Edouard Ngaissona, also a senior leader of the anti-Balaka. At year’s end, both men were in ICC custody and stood accused of war crimes and crimes against humanity, including killings targeting Muslim civilians, deportation and torture of Muslims, and destruction of mosques. At year’s end, no Muslim ex-Seleka militia leaders had been similarly accused by the ICC, despite having allegedly committed similar crimes against humanity throughout the country’s conflict.

In February, a criminal court in Bangui sentenced five leaders of predominantly Christian militias to life in prison for war crimes and crimes against humanity committed during a 2017 attack in Bangassou in which dozens of Muslims were killed. The decision represented the first time a court handed down a sentence for crimes against humanity, according to the Minister of Justice.

Religious minorities generally had difficulty obtaining the necessary identification to register and vote in the December general election, according to observers. They said that many non-Muslims did not consider Muslims, especially those with ties to neighboring countries, to be citizens, which complicated procurement of identity documents. In accordance with the electoral code updated in September, individuals living as refugees outside the country, the majority of whom were Muslim, were not allowed to vote in the election. Observers said that without refugee voter registration, Muslims would be underrepresented in the electorate.

The Ministry of Humanitarian Action and National Reconciliation continued public service announcements via radio stations nationwide, reaffirming the government’s commitment to treat all citizens equally. Working with international assistance, the ministry supported locally established peace committees to enhance social cohesion.

Eid al-Fitr and Eid al-Adha were observed for the first time as national legal holidays. The National Assembly’s adoption of the law establishing the holidays in December 2019 followed the recommendations of the Bangui National Forum, a national reconciliation conference held in 2015 to promote social cohesion.

Chad

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution establishes the state as secular and affirms the separation of religion and state. The constitution provides for freedom of religion and equality before the law without distinction as to religion. These rights may be regulated by law and may be limited by law only to ensure mutual respect for the rights of others and for the “imperative” of safeguarding public order and good morals. It prohibits “denominational propaganda” that infringes on national unity or the secular nature of the state.

In December, the government adopted constitutional amendments that removed a denominational oath of office that had required government directors and secretaries general and above to take an oath “under God” or “under Allah.”

Under the law, all associations, religious or otherwise, must register with the Ministry of Territorial Administration and Decentralized Territorial Collectivities. Associations must provide a list of all the founding members and their positions in the organization, founders’ resumes, copies of the founders’ identification cards, minutes of the establishment meetings, a letter to the minister requesting registration, principal source of the organization’s revenue, address of the organization, a copy of its rules and procedures, and statutory documents of the organization. The ministry conducts background checks on every founding member and establishes a six-month temporary, but renewable, authorization to operate, pending final authorization and approval. Failure to register with the ministry means that organizations are not considered legal entities and may not open bank accounts or enter into contracts; it may also lead to the banning of a group. Group founders or board members may be subject to one month to one year in prison and a fine of 50,000 to 500,000 CFA francs ($94 to $940) for failure to register. Registration does not confer tax preferences or other benefits.

Burqas, defined by ministerial notice as any garment where one sees only the eyes, are forbidden by ministerial decree. The ministerial notice also applies to niqabs, although this reportedly is not enforced.

The constitution states public education shall be secular. The government prohibits religious instruction in public schools but permits religious groups to operate private schools, and there are numerous schools operated by Muslims, Catholics, and Protestants.

The HCIA, an independent government body, oversees Islamic religious activities, including some Arabic-language schools and institutions of higher learning, and represents the country’s Muslim community at international Islamic forums. The government approves those nominated by members of the HCIA to serve on the council. Wahhabis are nominated to serve on the council but have not participated due to their stated concerns regarding the council’s role in the government ban on their activities. Muslim Brotherhood adherents are also represented on the council, operating under the umbrella of Sufi groups rather than as overt representatives of Muslim Brotherhood groups. The Grand Imam of N’Djamena, who is selected by a committee of Muslim elders and approved by the government, is the de jure president of the HCIA and oversees the heads of the HCIA branches and grand imams from each of the country’s 23 regions. He has the authority to restrict Muslim groups from proselytizing, regulate the content of mosque sermons, and control activities of Islamic charities. In practice, he does not regulate sermons.

The Office of the Director of Religious and Traditional Affairs under the Ministry of Territorial Administration and Decentralized Territorial Collectivities oversees religious matters. The office is responsible for mediating intercommunal conflict, reporting on religious practices, and ensuring religious freedom. It also reports concerns and suggestions regarding religious activities to the Minister of Territorial Administration, who has the authority to ban or sanction activities. The position of office director rotates every two years among Muslims, Protestants, and Catholics. The office contains a special bureau for Hajj and Umrah under the supervision of the Presidency of the Republic, with members chosen annually by presidential decree. The HCIA deals directly with the Ministry of Territorial Administration and Decentralized Territorial Collectivities or with the civil office of the President of the Republic to address concerns with Wahhabi groups.

The constitution states military service is obligatory, and it prohibits invoking religious belief to “avoid an obligation dictated by the national interest.” This statute largely applies in case of wartime mobilization, since the country does not have universal military conscription.

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

Government Practices

The government maintained its ban on the leading Wahhabi group, Ansar al-Sunna. According to civil rights organizations, enforcement was difficult, and adherents continued to meet and worship in their own mosques. Local media reported that many security force officials belonged to the same tribes and came from the same regions as the Wahhabi leaders, resulting in lax implementation of government decisions, favoritism, and bribery. Local Arabic-language media reported that the HCIA president reconciled with Wahhabi groups, unlike his predecessor, who was generally anti-Wahhabist. Due to the government ban on their activities, Wahhabis received financial support from abroad as individuals rather than as a group, according to local Arabic-language media.

The government continued to deploy security forces around both Islamic and Christian places of worship, in particular on Fridays around mosques and Sundays around churches, as well as on other occasions for religious events.

Between March and June, the government closed all gathering places, including places of worship, to fight the spread of COVID-19. The measures applied to all religious groups in the same manner, and national Muslim, Protestant, and Catholic leaders all supported these government restrictions in public statements and encouraged believers to pray at home. Local media reported that Wahhabis did not support or comply with governmental restrictions, especially in the northern and northeastern neighborhoods of N’Djamena. The government lifted restrictions on public communal worship in June and promoted social distancing measures. Mosques and Protestant churches reopened in June, while Catholic churches chose to delay their reopening until July, citing COVID-19 transmission concerns.

According to media, the government’s elimination in December of the denominational oath of office that had required senior government officials to take an oath “under God” or “under Allah” was widely popular.

Chile

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of conscience and the free exercise of worship. It states these practices must not be “opposed to morals, to good customs, or to the public order.” Religious groups may establish and maintain places of worship, as long as the locations comply with public hygiene and security regulations established by laws and municipal orders.

According to the constitution, religion and state are officially separate. The law prohibits discrimination based on religion, provides civil remedies to victims of discrimination based on their religion or belief, and increases criminal penalties for acts of discriminatory violence. The law prohibits discrimination in the provision of social services, education, ability to practice religious beliefs or gain employment, property rights, and the right to build places of worship.

By law, registration for possible conscription to the military is mandatory for all men between the ages of 17 and 45. Alternative service, by working for the armed forces in a job related to the selectee’s expertise, is possible only for those studying in certain fields. The law makes no provision for conscientious objection. Only ministers or priests from registered religious organizations are exempted on religious grounds.

The law does not require religious groups to register with the government, although there are tax benefits for those that do. Once registered, a religious group is recognized as a religious nonprofit organization. Religious organizations have the option of adopting a charter and bylaws suited to a religious entity rather than to a private corporation or a secular nonprofit. Under the law, religious nonprofit organizations may create affiliates, such as charitable foundations, schools, or additional houses of worship, which retain the tax benefits of the religious parent organization. According to ONAR, public law recognizes more than 3,200 religious organizations as legal entities, mostly small evangelical or Pentecostal churches. By law, the Ministry of Justice (MOJ) may not refuse to accept the registration petition of a religious entity, although it may object to petitions within 90 days if legal prerequisites for registration are not satisfied.

Applicants for religious nonprofit status must provide the MOJ an authorized copy of their charter and corresponding bylaws with charter members’ signatures and their national identification numbers. The bylaws must include the organization’s mission, creed, and structure. The charter must specify the signatories, the name of the organization, and its physical address, and it must include confirmation that the religious institution’s charter signatories approved the bylaws. In the event the MOJ raises objections to the group, the group may petition; the petitioning group has 60 days to address the MOJ’s objections or challenge them in court. Once a religious entity is registered, the state may not dissolve it by decree. If concerns are raised regarding a religious group’s activities after registration, the semiautonomous Council for the Defense of the State may initiate a judicial review of the matter. The government has never deregistered a legally registered group. One registration per religious group is sufficient to extend nonprofit status to affiliates, such as additional places of worship or schools, clubs, or sports organizations, without registering them as separate entities.

By law, all public schools must offer religious education for two teaching hours per week through pre-elementary, elementary, middle, and high school. Local school administrators decide how religious education classes are structured. The majority of religious instruction in public schools is Catholic. The Ministry of Education also has approved instruction curricula designed by 14 other religious groups, including orthodox and reformed Jews, evangelical Christians, and Seventh-day Adventists. Schools must provide religious instruction for students according to students’ religious affiliations. Parents may have their children excused from religious education. Parents also have the right to homeschool their children for religious reasons or enroll them in private, religiously oriented schools.

The law grants religious groups the right to appoint chaplains to offer religious services in public hospitals and prisons. Prisoners may request religious accommodations. Regulations for the armed forces and law enforcement agencies allow officially registered religious groups to appoint chaplains to serve in each branch of the armed forces, the national uniformed police, and the national investigative police.

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

Government Practices

During the year, the government implemented health measures in response to the COVID-19 pandemic, including curfews, stay-at-home orders, quarantines, and limits to public gatherings, including religious services. According to ONAR, the restrictions applied to all types of public gatherings and did not impose arbitrary restrictions on individuals’ freedom of conscience and worship. ONAR stated it worked with local and national health authorities to obtain authorization for priests and ministers to be included in the definition of “essential personnel” allowed to circulate during quarantines, and it held roundtable discussions with religious leaders to inform them of COVID-19 measures and hear their concerns.

According to church leaders, police shut down some religious services and detained religious leaders who did not comply with the health restrictions on public gatherings and continued holding services exceeding the permitted capacity. Some religious groups opposed the restrictions, stating the measures infringed on their religious freedom. In June, two associations of evangelical churches (Evangelical Unity of Chile and The Coordinator of Pentecostal Evangelical Entities) in the Biobio Region sued the government over the measures and also filed a complaint with the IACHR against the government for violating the freedoms of religion and worship established in the American Convention on Human Rights. In July, the Concepcion Court of Appeals ruled in favor of the evangelical associations, declaring that regional health authorities acted “outside the scope of their competence and without having powers to do so” when they temporarily prohibited religious gatherings in the Maule, Biobio, and Aysen Regions. The court found the regions had applied stricter standards to religious gatherings than to other types of gatherings.

In September, the government released a special protocol for managing and preventing COVID-19 infections at religious places and religious communities when celebrating their rites and ceremonies. The protocol allowed religious groups to return to holding religious activities while recommending they hold virtual meetings, reduce the number of participants as much as possible, and control access to religious sites to avoid exceeding the number of persons allowed concurrently in the same place.

According to ONAR, the MOJ received 240 applications for registration of religious groups during the year. ONAR also reported the MOJ did not reject any petition and registered every group that completed the required paperwork.

In July during a radio interview, Mayor Daniel Jadue of the commune of Recoleta, in Santiago Province, alleged a “Zionist conspiracy” in the country to control the media. The Jewish community and public personalities quickly condemned Jadue’s comments. The director of the nongovernmental organization (NGO) Espacio Publico (Public Space), Eduardo Bitran, tweeted that the mayor’s accusation was “in line with the purest kind of anti-Semitism.”

In October, the Secretary General of the Government, Jaime Bellolio, condemned the use of Nazi symbols and gestures displayed during an October 10 protest against a referendum on drafting a new constitution.

ONAR continued to work with religious institutions to help restore services to repair religious sites damaged during widespread riots in 2019. More than 60 Catholic and evangelical churches and at least one synagogue were vandalized, looted, or burned during the riots.

In July, the senate approved a nonbinding pro-BDS resolution calling on President Pinera to adopt a law boycotting goods produced in Israeli West Bank settlements and commercial activities with companies operating in the West Bank. The Jewish Community of Chile condemned the resolution, stating it was anti-Semitic in nature. According to ONAR and the Ministry of Foreign Affairs, the nonbinding resolution had no impact on government policy.

China (Includes Tibet, Xinjiang, Hong Kong, and Macau)

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution, which cites the leadership of the CCP and the guidance of Marxism-Leninism and Mao Zedong and Xi Jinping Thought, states citizens “enjoy freedom of religious belief,” but it limits protections for religious practice to “normal religious activities” without defining normal. It says religion may not be used to disrupt public order, impair the health of citizens, or interfere with the educational system. The constitution provides for the right to hold or not to hold a religious belief. It says state organs, public organizations, and individuals may not discriminate against citizens “who believe in or do not believe in any religion.” The constitution states, “Religious bodies and religious affairs are not subject to any foreign domination.”

The law does not allow legal action to be taken against the government based on the religious freedom protections afforded by the constitution. Criminal law allows the state to sentence government officials to up to two years in prison if they violate a citizen’s religious freedom.

The CCP is responsible for creating religious regulations and oversees the UFWD, which in turn manages SARA’s functions and responsibilities. SARA is responsible for implementing the CCP’s religious regulations and administers the provincial and local bureaus of religious affairs.

CCP members and members of the armed forces are required to be atheists and are forbidden from engaging in religious practice. Members found to belong to religious organizations are subject to expulsion, although these rules are not universally enforced. The vast majority of public office holders are CCP members, and membership is widely considered a prerequisite for success in a government career. These restrictions on religious belief and practice also apply to retired CCP members.

The law bans certain religious or spiritual groups. Criminal law defines banned groups as “cult organizations” and provides for criminal prosecution of individuals belonging to such groups and punishment of up to life in prison. There are no published criteria for determining or procedures for challenging such a designation. A national security law also explicitly bans cult organizations.

The CCP maintains an extralegal, party-run security apparatus to eliminate the Falun Gong movement and other organizations. The government continues to ban the Guanyin Method religious group (Guanyin Famen or the Way of the Goddess of Mercy) and Zhong Gong (a qigong exercise discipline). The government considers Falun Gong an “illegal organization.” The government also considers several Christian groups to be “cults,” including the Shouters, The Church of the Almighty God (CAG, also known as Eastern Lightning), Society of Disciples (Mentu Hui), Full Scope Church (Quan Fanwei Jiaohui), Spirit Sect, New Testament Church, Three Grades of Servants (San Ban Puren), Association of Disciples, Established King Church, the Family Federation for World Peace and Unification (Unification Church), Family of Love, and South China Church.

The Counterterrorism Law describes “religious extremism” as the ideological basis of terrorism; it uses “distorted religious teachings or other means to incite hatred or discrimination, or advocate violence.”

The government recognizes five official religions: Buddhism, Taoism, Islam, Protestantism, and Catholicism. Regulations require religious organizations to register with the government. Only religious groups belonging to one of the five state-sanctioned religious associations are permitted to register, and only these organizations may legally hold worship services. The five associations, which operate under the direction of the CCP’s UFWD, are the Buddhist Association of China (BAC), the Chinese Taoist Association, the Islamic Association of China (IAC), the Three Self Patriotic Movement Church (TSPM), and the CCPA. Other religious groups, such as Protestant groups unaffiliated with the official TSPM or Catholics professing loyalty to the Holy See, are not permitted to register as legal entities. The law does not provide a mechanism for religious groups independent of the five official patriotic religious associations to obtain legal status.

According to regulations, religious organizations must submit information about the organization’s historical background, members, doctrines, key publications, minimum funding requirements, and government sponsor, which must be one of the five state-sanctioned religious associations. Registration information is only required once, but religious organizations must reregister if changes are made to the required documentation.

Under revisions to the civil code passed by the National People’s Congress in June, a religious institution established according to law may apply for the status of a “legal person” (nonprofit entity) under Article 92 of the civil code. The revisions formalized the ability of organizations to possess property, publish approved materials, train staff, and collect donations, thereby facilitating authorities’ ability to track and regulate religious institutions. Previously, bank accounts and real estate holdings were commonly held in the name of individual staff members, making it difficult in some cases for authorities to separate the financial matters of members from those of the religious institution.

Religious and other regulations permit official patriotic religious associations to engage in activities such as building places of worship, training religious leaders, publishing literature, and providing social services to local communities. The CCP’s UFWD, including SARA, and the Ministry of Civil Affairs provide policy guidance and supervision on the implementation of these regulations.

Government policy allows religious groups to engage in charitable work, but regulations specifically prohibit faith-based organizations from proselytizing while conducting charitable activities. Authorities require faith-based charities, like all other charitable groups, to register with the government. Once they are registered as official charities, authorities allow them to raise funds publicly and to receive tax benefits. The government does not permit unregistered charitable groups to raise funds openly, hire employees, open bank accounts, or own property. According to several unregistered religious groups, the government requires faith-based charities to obtain official cosponsorship of their registration application by the local official religious affairs bureau. Authorities often require these groups to affiliate with one of the five state-sanctioned religious associations.

Article 70 of the Regulations on Religious Affairs requires members of religious groups to seek approval to travel abroad for “religious training, conferences, pilgrimages, and other activities.” Anyone found organizing such activities without approval may be fined between RMB 20,000 and 200,000 ($3,100 and $30,600). Illegally obtained income connected to the travel may be seized and “if the case constitutes a crime, criminal responsibility shall be investigated according to law.”

The regulations specify that no religious structure, including clergy housing, may be transferred, mortgaged, or utilized as investments. SARA regulations place restrictions on religious groups conducting business or making investments by stipulating the property and income of religious groups, schools, and venues must not be distributed and should be used for activities and charity befitting their purposes; any individual or organization that donates funds to build religious venues is prohibited from owning the venues.

The regulations impose a limit on foreign donations to religious groups, stating such donations must be used for activities that authorities deem appropriate for the group and the site. Regulations ban donations from foreign groups and individuals if the donations come with any attached conditions, and they state that any donations exceeding RMB 100,000 ($15,300) must be submitted to the local government for review and approval. Religious groups, religious schools, and “religious activity sites” may not accept donations from foreign sources that have conditions attached.

The regulations require that religious activity “must not harm national security” or support “religious extremism.” The regulations do not define “extremism.” Penalties for “harm to national security” may include suspending groups and canceling the credentials of clergy.

National laws allow each provincial administration to issue its own regulations concerning religious affairs, including penalties for violations. Many provinces updated their regulations after the national 2018 regulations came into effect. In addition to the five officially recognized religions, local governments, at their discretion, may permit followers of certain unregistered religions to carry out religious practices. In Heilongjiang, Zhejiang, and Guangdong Provinces, for example, local governments allow members of Orthodox Christian communities to participate in unregistered religious activities.

SARA states, in a policy posted on its website, that family and friends have the right to meet at home for worship, including prayer and Bible study, without registering with the government. A provision states, however, that religious organizations should report the establishment of a religious site to the government for approval.

By law, prison inmates have the right to believe in a religion and maintain their religious faith while in custody. However, the PRC defines the right to religious faith differently than the right to religious activities, such as prayer facilities and access to clergy. Muslim prisoners are reportedly allowed to have meals with the “halal” label.

The law does not define what constitutes proselytizing. The constitution states that no state unit, social organization, or individual may force a citizen to believe or not believe in a religion. Offenders are subject to administrative and criminal penalties.

An amendment to the criminal law and a judicial interpretation by the national Supreme People’s Procuratorate and the Supreme People’s Court published in 2016 criminalize the act of forcing others to wear “extremist” garments or symbols; doing so is punishable by up to three years’ imprisonment, short-term detention or controlled release, and a concurrent fine. Neither the amendment nor the judicial interpretation defines what garments or symbols the law considers “extremist.”

Publication and distribution of literature containing religious content must follow guidelines determined by the State Publishing Administration. Online activities (“online religious information services”) of religious groups require prior approval from the provincial religious affairs bureau. Religious texts published without authorization, including Bibles, Qurans, and Buddhist and Taoist texts, may be confiscated, and unauthorized publishing houses closed.

The government offers some subsidies for the construction of state-sanctioned places of worship and religious schools.

To establish places of worship, religious organizations must first receive approval from the religious affairs department of the local government when the facility is proposed, and again before services are first held at that location. Religious organizations must submit dozens of documents to register during these approval processes, including detailed management plans of their religious activities, exhaustive financial records, and personal information on all staff members. Religious communities not going through the formal registration process may not legally have a set facility or worship meeting space. Therefore, every time such groups want to reserve a space for worship, such as by renting a hotel room or an apartment, they must seek a separate approval from government authorities for that specific service. Worshipping in a space without prior approval, gained either through the formal registration process or by seeking an approval for each service, is considered an illegal religious activity and is subject to criminal or administrative penalties.

By regulation, if a religious structure is to be demolished or relocated because of city planning or the construction of “key” projects, the party responsible for demolishing the structure must consult with its local bureau of religious affairs (guided by SARA) and the religious group using the structure. If all parties agree to the demolition, the party conducting the demolition must agree to rebuild the structure or to provide compensation equal to its appraised market value.

The Regulations on Religious Affairs include registration requirements for schools that allow only the five state-sanctioned religious associations or their affiliates to form religious schools. Children younger than the age of 18 are prohibited from participating in religious activities and receiving religious education, even in schools run by religious organizations. Enforcement and implementation of these rules varied widely across and within regions. One regulation states that no individual may use religion to hinder the national education system and that no religious activities may be held in schools. The law mandates the teaching of atheism in schools, and a CCP directive provides guidance to universities on how to prevent foreign proselytizing of university students. The Regulations on Religious Affairs of the XUAR state, “Minors shall not participate in religious activities. No organization or individual may organize, induce or force minors to participate in religious activities.” Minors are also prohibited from entering religious venues. Multiple provinces send letters instructing parents that “teachers and parents should strictly enforce the principle of separation between education and religion and ensure that minors are not allowed to enter religious places, participate in religious activities, or to attend religious trainings.” Implementation of these rules, however, varies greatly across and within regions.

The law states job applicants shall not face discrimination in hiring based on religious belief.

On February 1, the Administrative Measures for Religious Groups went into effect. These measures comprise six chapters and 41 articles dealing with the organization, function, offices, supervision, projects, and economic administration of communities and groups at the national and local levels. The measures state that only registered groups may operate legally and stipulate that religious organizations must support the leadership of the CCP, adhere to the direction of Sinicization, and implement the values of socialism. Article 17 states that religious organizations shall “follow the path of socialism with Chinese characteristics, abide by laws, regulations, rules, and policies, correctly handle the relationship between national law and canon, and enhance national awareness, awareness of the rule of law, and citizenship.”

The country is not a party to the International Covenant on Civil and Political Rights (ICCPR). With respect to Macau, the central government notified the UN Secretary-General, in part, that residents of Macau shall not be restricted in the rights and freedoms they are entitled to unless otherwise provided for by law, and in case of restrictions, the restrictions shall not contravene the ICCPR. With respect to Hong Kong, the central government notified the Secretary-General, in part, that the ICCPR would also apply to the Hong Kong Special Administrative Region.

Government Practices

Police continued to arrest and otherwise detain leaders and members of religious groups, often those connected with groups not registered with the state-sanctioned religious associations. There were reports police used violence and beatings during arrest and detention. Authorities reportedly used vague or insubstantial charges, sometimes in connection with religious activity, to convict and sentence leaders and members of religious groups to years in prison.

Sources continued to report deaths in custody, enforced disappearances, and organ harvesting in prison of individuals whom authorities had targeted based on their religious beliefs or affiliation. There were reports that authorities tortured detainees, including by depriving them of food, water, and sleep. NGOs reported that some previously detained individuals were denied freedom of movement even after their release.

The Political Prisoner Database (PPDB) maintained by the human rights NGO Dui Hua Foundation counted 3,492 individuals imprisoned for “organizing or using a ‘cult’ to undermine implementation of the law.”

In December, Bitter Winter reported that according to a government source, the Central Political and Legal Affairs Commission issued a confidential document in September ordering a nationwide, three-year crackdown on the CAG. The campaign outlined three main goals: “To destroy the Church’s system domestically completely, to substantially downsize its membership by preventing church activities and blocking new members from joining, and to curb the development of the church abroad.” Bitter Winter reported increased arrests of Church members following the issuance of this document, including 71 arrests in Xuzhou City, Jiangsu Province, in September and 160 arrests in Nanyang City, Henan Province, on November 10 alone.

According to the annual report released by the CAG, during the year, at least 42,807 church members were directly persecuted by authorities, compared with 32,815 in 2019. The report stated that authorities harassed at least 35,752 church members (at least 26,683 in 2019), arrested 7,055 (6,132 in 2019), detained 4,045 (4,161 in 2019), tortured or subjected to forced indoctrination 5,587 (3,824 in 2019), sentenced 1,098 (1,355 in 2019), and seized at least RMB 270 million ($41.3 million) in church and personal assets. At least 21 church members died as a result of abuse or persecution (19 in 2019). The 21 included four who died as a result of physical abuse or forced labor, three who committed suicide as a result of authorities surveilling and pressuring them to renounce their faith, and four who died of medical complications during or following their detention.

According to the CAG annual report, in August, a woman named Qin Shiqin died in custody in Shandong Province 10 days after her arrest. Facial swelling and blood in the corners of her mouth could be seen on her remains. A 71-year-old woman identified as “Xiang Chen” died in prison in Sichuan Province while serving a three-year sentence because of her faith. Her remains appeared emaciated, her face was swollen and bruised, and a scar was visible under her nose. A man named Zou Jihuang died in custody in Hubei Province of liver cirrhosis. Zou had been arrested in 2017. During his imprisonment, he had developed a liver condition for which he was denied medical treatment, beaten, and forced to perform hard labor. In Shaanxi Province, a 77-year-old woman named Yang Fengying committed suicide after police went to her home multiple times over the course of three years to intimidate and threaten her.

According to the CAG annual report, at least 847 CAG members were arrested between February and April, many of whom were apprehended as a result of the CCP’s antipandemic household checks or at identity card checkpoints. Police extracted information on the church from these individuals through physical abuse, such as administering electric shocks and handcuffing them painfully, with one arm over a shoulder and one twisted up from below.

Media reported authorities used measures for preventing the spread of COVID-19, including facial recognition software and telephone tracking, to identify and arrest members of unregistered or banned religious groups. The government installed surveillance cameras outside unregistered churches during the pandemic. According to media reports, the government conducted door-to-door household inspections, during which they identified and arrested members of banned religious groups. One CAG member said she hid under the bed every time officials came for an inspection. A government employee in Shandong Province said his superiors ordered him to search for nonlocal tenants, particularly members of banned groups, such as the CAG and Falun Gong.

In May, Bitter Winter reported the political and legal affairs commission of a locality in northeastern China released a document stating the CCP had established “a stability maintenance mechanism” targeting religious groups, among other individuals and groups, that the government determined posed “a danger to social stability” during the pandemic.

Bitter Winter reported that between February and March, authorities used COVID-19-related mandatory identification checks and home inspections to arrest 325 CAG members. In February, authorities arrested two church members during an identification check, searched their home, and confiscated RMB 45,000 ($6,900) of church valuables. During interrogation, officers reportedly placed a plastic bag over the head of one of the Church members and beat him. They also strapped him to a “tiger bench” with his body tied in a stress position and shocked him with an electric baton. According to Bitter Winter, another church member was arrested when a pandemic inspection team that included community representatives, health personnel, and police officers came to his home. During his interrogation, officers reportedly covered his mouth with a plastic bag and hit him on the face with a desk calendar, stepped on his feet, beat his calves with an iron rod, and forced him to hold a live electric baton.

According to Minghui, police arrested 6,659 Falun Gong practitioners and harassed 8,576 practitioners during the year for refusing to renounce their faith, compared with 6,109 arrested and 3,582 harassed in 2019. The arrests occurred throughout the country. Hebei, Heilongjiang, Shandong, Jilin, Sichuan, and Liaoning were the provinces where the highest number of practitioners were targeted. Those arrested included teachers, engineers, lawyers, journalists, authors, and dancers. Minghui stated individuals were tortured in custody. Minghui also reported that authorities sentenced 622 practitioners to prison throughout the country during the year. The sentences ranged from three months to 14 years, with the average sentence being three years and four months.

Minghui reported that during the year, 83 individuals from 20 provinces and centrally controlled municipalities died due to being persecuted for being Falun Gong practitioners. Some individuals died in custody as a result of physical abuse, including being deprived of sleep and food, forced into stress positions, and denied proper medical attention. Others died shortly after being released on medical parole. On May 13, authorities in Yuzhou City, Henan Province, arrested Zhang Zhiwen for distributing Falun Gong materials the previous August. Zheng’s husband attempted to bring her clothes and insulin for her diabetes, but authorities refused to accept the items, saying they would provide her medication. Zheng died in custody on May 17 and authorities sent the body directly to a funeral home without notifying her husband. Falun Gong practitioner Li Ling of Dazhangjia Village, Penglai City, Shandong Province, died on July 13 after reportedly being severely beaten following her arrest on June 28. Village authorities forced her family to cremate her remains on the same day. According to her family, her face was deformed, and she was covered in bruises. The village’s CCP secretary and a group of paramilitary soldiers took Li from her home on June 28 after a fellow villager reported seeing her with dozens of Falun Gong booklets.

According to Minghui, on September 22 and 23, authorities in Harbin City, Heilongjiang Province, arrested 27 Falun Gong practitioners and three family members who were not practitioners, and confiscated books, laptops, printers, money, photographs of Falun Gong’s founder Li Hongzhi, and other personal items. Authorities harassed eight other practitioners within days of the arrests. One practitioner returned home to find police ransacking her home. They confiscated books on Falun Gong and arrested the woman along with her husband, who was not a practitioner. Following a group arrest of Falun Gong practitioners in Changchun City, Jilin Province, in July, police beat one practitioner, hit his head against the wall, and dragged him around on the concrete floor. He suffered severe injuries to his knees as a result.

According to Bitter Winter, on May 18, authorities assaulted several individuals who were protesting the demolition of a Buddhist temple in Shucheng County, Anhui Province, that authorities declared was “a dilapidated building.” Police beat one woman for filming the scene. A witness said, “Three officers pressed her to the ground, hitting her collarbones until she lost consciousness, and the phone was destroyed.” Police injured a monk in his 70s for waving his walking stick at authorities and accused him of “assaulting the police.”

In March, the U.S.-based NGO Victims of Communism Memorial Foundation (VOC) released a report, Organ Procurement and Extrajudicial Execution in China: A Review of the Evidence. In the report, VOC stated that Falun Gong practitioners and Uyghur Muslim prisoners of conscience were the most likely source of organs for sale in the country’s organ-transplant market. A related series of articles published during the year examining the country’s organ transplantation system questioned the plausibility of official government statistics about the sourcing of transplant organs, stating there was an overlap between medical personnel performing organ transplants and individuals involved in the anti-Falun Gong campaign.

On March 1, the China Tribunal, an independent tribunal established by the Australia-based NGO International Coalition to End Transplant Abuse in China, released its Full Judgment on the conditions of organ harvesting in the country. The report was a fuller account with appendices of the evidence the nongovernmental group had drawn on and methodology it had used to reach conclusions contained in its Short Form Conclusions and Summary Judgment report issued in June 2019. In the Full Judgment report, the group included accounts by individuals, including medical personnel, who stated they were eyewitnesses to abuses, including from medical personnel, and other evidence that documented what the NGO determined to be a decades-long and ongoing state-run program of forced organ harvesting from prisoners of conscience, principally Falun Gong practitioners. The Full Judgment report also contained eyewitness accounts from Falun Gong and Uyghur individuals of involuntary medical examinations, including x-rays, ultrasounds, blood tests, and DNA tests.

According to the Epoch Times, a Falun Gong-affiliated news organization, on August 2, authorities broke into the home of a Falun Gong practitioner, pinned her down, and forcibly took a sample of her blood, telling her it was “required by the state.” One officer shouted, “The law does not apply to you. We’re going to wipe you all out.” The Epoch Times stated that dozens of other practitioners across the country reported similar incidents. On July 22, authorities in Gaomi County, Shandong Province, arrested and took blood samples from 46 practitioners. An attorney familiar with the cases said the blood sampling did not appear to be a routine physical checkup but rather was illegally “collecting people’s biological samples.”

According to the CAG annual report, harassment of members included the collection of biological data, such as blood samples and hair.

In April, Bitter Winter reported instances in which individuals were held against their will in psychiatric hospitals for extended periods of time for practicing their religion. According to a staff member in a psychiatric hospital in the Guangxi Zhuang Autonomous Region, it was hospital practice to begin “treatment” of CAG members as soon as they were brought in, without any tests or examination. According to a member of the Church from Tianmen City, Hubei Province, who spent 157 days in a psychiatric hospital, “A doctor told me that because of my faith, I was a mental patient, and there was no need for further tests.” Nurses threatened to tie her up if she refused to take medication. One former patient said two doctors pressed her down on a desk and shocked her on the back, hands, and feet with an electric baton to force her to take medication. During the month she was in the hospital, doctors administered six electroshock treatments, causing her to suffer memory loss and numbness in her limbs. She said doctors threatened that her son’s job would be negatively affected if she continued to practice her faith.

International religious media outlets and human rights groups reported that local authorities in several districts around the country continued to award compensation to police officers for arresting religious practitioners from certain groups or confiscating donation money. Conversely, local officials were allegedly disciplined if they did not meet a certain quota for arrests of religious practitioners each month. For example, a government employee from Sanmenxia City, Henan Province, told Bitter Winter the municipal government issued arrest quotas for CAG members to subordinate localities, leading to the arrest of 211 individuals. In Jiangxi Province, the police arrested 116 CAG members and confiscated RMB 378,000 ($57,800) of church and personal assets. Minghui reported police received an unknown amount of bonus pay for each Falun Gong practitioner arrested.

According to Radio Free Asia (RFA), authorities raided the homes of and arrested at least eight members of the Early Rain Covenant Church (ERCC) during an online worship service on April 12, Easter Sunday. A pastor and a deputy deacon were among those arrested. According to the NGO International Christian Concern (ICC), authorities continued to harass members in the weeks following the raid. On April 24, authorities took Church member Ran Yunfei to a police station shortly before he was scheduled to speak in an online service. He returned home later that same day. The NGO ChinaAid reported police summoned Ran again in November in connection with his participation in another online religious seminar.

The ICC reported that on May 23, authorities arrested a pastor from the Nanjing Road Church in Wuhan, Hebei Province, during an online evangelism event in which he was taking part. They interrogated him for approximately five hours before releasing him.

According to Bitter Winter, in February, police arrested 13 members of the Born Again Movement, also called the All Sphere or All Range Church, in Huai’an City, Jiangsu Province. Five of the members arrested were elderly and suffered from various illnesses. Police released the five after protests from their relatives but forced them to sign statements promising to stop their church activities. Police also came to the home of another church member who hosted church gatherings at her home and threatened to arrest her if she did not stop doing so. They said three generations of her descendants would be unable to take college entrance examinations, enroll in the army, or become public servants if she did not stop. The officers took samples of her blood and prints of her fingers and palms.

According to AsiaNews.it, on April 2, authorities took Zhao Huaiguo, founder and pastor of the Bethel Church in Cili County, Hunan Province, from his home and arrested him on a charge of “inciting subversion against state power.” Police returned to his apartment on April 15 to confiscate books, Bibles, and photocopies of books as evidence of “illegal trade” in books. His wife said he was likely arrested because he spoke to foreign news agencies about COVID-19 and had not affiliated his church with the TSPM church. ChinaAid reported the Zhangjiajie Intermediate Court tried Zhao in October for “inciting subversion of state power,” and prosecutors recommended an 18-month sentence.

In May, the ICC reported that authorities transferred Pastor Wang Yi of the ERCC from Chengdu City Detention Center to a prison in an unknown location. In December 2019, Wang had been sentenced to nine years in prison. According to the ICC, since his arrest, authorities had denied Wang’s parents the ability to visit him, either in person or virtually, despite their having the legal right to do so, and Wang’s wife and child were living in an unknown location under surveillance.

At year’s end, the whereabouts of Gao Zhisheng remained unknown, although media reported it was believed he remained in the custody of state security police. In September 2017, police had detained Gao, a human rights lawyer who had defended members of Christian groups, Falun Gong practitioners, and other groups. In September, the NGO Jubilee Campaign submitted a written statement to the 45th regular session of the UN Human Rights Council calling for the government to “release unconditionally and with immediate effect all political and religious prisoners of conscience, including lawyer Gao Zhisheng.” Gao’s daughter, Geng Ge, submitted a video statement to the council, stating, “As of today, I don’t know if he’s alive or not.”

In October, ChinaAid reported that since July, police in Zhaotong City, Yunnan Province, had threatened and harassed Pastor Wang Hai of the Trinity Church and his wife and detained other church leaders and members of Wang’s extended family. Wang said authorities had targeted the Church because its members belonged to the ethnic Miao minority and were Christian. He said that due to the ongoing harassment, church attendance had dropped from 100 worshippers to only a handful who attended Sunday services.

AsiaNews.it reported that on September 1, authorities from the Religious Affairs Bureau in Fujian Province arrested Rev. Liu Maochun, an underground priest of the Mindong Diocese, and held him incommunicado for 17 days to pressure him to join the CCPA. At least 20 underground priests in the region faced similar pressure from the religious affairs bureau, according to AsiaNews.it.

According to RFA, on April 19 and May 3, several dozen state security police and officials from the local religious affairs bureau raided worship services at Xingguang Church, an unregistered church in Xiamen City, Fujian Province. Church pastor Yang Xibo told RFA the congregation was targeted for refusing to join the state-sanctioned TSPM. According to multiple international press reports and mobile phone videos that Church members posted to Twitter, authorities forcibly entered a private residence in which Church members were holding a worship service, without a warrant or showing any form of identification. Authorities seized several congregants and tried to drag them out, injuring three; they detained at least nine members, releasing them approximately 12 hours later. According to RFA, authorities raided Xingguang Church again on June 11, taking away furniture and other church belongings, but did not arrest anyone. ChinaAid stated authorities broke into church members’ homes on July 22, destroying and removing property.

In January, RFA reported that authorities in Jinan City, Shandong Province, arrested Hui Muslim poet Cui Haoxin, known by his pen name An Ran, for Twitter posts in which he criticized the government for the imprisonment, surveillance, and persecution of Muslims in Xinjiang and throughout the country. He was held on suspicion of “picking quarrels and stirring up trouble.” According to RFA, this charge was “frequently leveled at peaceful critics of the ruling Chinese Communist Party.”

The Falun Dafa Information Center, a Falun Gong rights advocacy group, reported authorities in Beijing detained at least 40 persons ahead of the annual meetings of the National People’s Congress and the Chinese People’s Political Consultative Conference on May 22. Sources said police also harassed practitioners and searched their homes and that police told the individuals they were taking the actions because of the upcoming political meetings. On April 21, police forcibly entered the home of Wang Yuling by prying open her window. They ransacked the house and confiscated books and printed materials related to Falun Gong, as well as a printer and computer. They took Wang and her daughter into custody. On April 27, authorities forcibly entered the home of Yang Yuliang, searched it, and confiscated Falun Gong books and photographs of Falun Gong’s founder. They held Yang and his daughter, Yang Dandan, in custody for three days.

There continued to be reports of government officials, companies, and education authorities pressuring members of house churches and other Christians to sign documents renouncing their Christian faith and church membership. Media reported the government threatened to withhold social welfare benefits and to retaliate against family members. The NGO CSW stated authorities instructed schools to report the religious beliefs of students and staff.

Bitter Winter reported that on November 1, the government began the seventh national population census, collecting a broad range of personal and household data, including individuals’ identification numbers. According to several census takers, although there were no questions about religion on the census questionnaire, they were instructed when visiting people’s homes to pay attention to religious materials and symbols and to ascertain if the home was being used as a private religious venue. In one case, when five census takers entered a home in Zhengzhou City, Henan Province, they saw a Bible and asked the residents if they were Christian. They determined the home was being used as a house church and ordered the residents to stop hosting gatherings. A census taker in Yantai City, Shandong Province, said local police told him and his colleagues to report any households with images associated with Falun Gong. A census taker in Heze City, Shandong Province, said he was ordered to report to police any person who did not allow him inside the home, because refusal might indicate the person held religious beliefs or hosted unauthorized religious gatherings.

According to the ICC, on October 11, police arrested Elder Li Yingqiang of the ERCC in Chengdu City, Sichuan Province, just before the church began an online service. During the arrest, police also threatened Li’s two young children. Police also arrested another church member, Jia Xuewei, and interrogated him for several hours about ERCC’s recent spiritual retreat and the worship that was about to take place. Both were released later that day. An ERCC member told the ICC that authorities likely detained Li and Jia to prevent the online service from taking place. According to the source, police told Li he would be taken from his home every week and that they would target his children if he posted about his experience online.

According to Bitter Winter, during the year, authorities in several provinces investigated the personal backgrounds of civil servants, hospital staff, teachers, students, and the family members of each to determine their religious status. In May, the Education Bureau of Jinan City, Shandong Province, required some primary and secondary schools to determine if any of their teachers, students, or their family members were religious.

There continued to be no uniform procedures for registering religious adherents. The government continued to recognize as “lawful” only those religious activities it sanctioned and controlled through the state-sanctioned religious associations. Only government-accredited religious personnel could conduct such activities, and only in government-approved places of religious activity.

SARA continued to maintain statistics on registered religious groups. According to 2014 SARA statistics (the latest available), more than 5.7 million Catholics worshipped in sites registered by the CCPA. The April 2018 white paper by the State Council Information Office (SCIO) stated there were approximately 144,000 places of worship registered for religious activities in the country, among which 33,500 were Buddhist temples (including 28,000 Han Buddhist temples, 3,800 Tibetan Buddhist monasteries, and 1,700 Theravada Buddhist temples), 9,000 Taoist temples, 35,000 mosques, 6,000 CCPA churches and places of assembly spread across 98 dioceses, and 60,000 TSPM churches and places of assembly.

The 2018 SCIO white paper stated that by 2017, there were 91 religious schools in the country approved by SARA: 41 Buddhist, 10 Taoist, 10 Islamic, 9 Catholic, and 21 Protestant. Students younger than 18 were barred from receiving religious instruction. This report also stated there were six national-level religious colleges. Although there were two CCPA seminaries in Beijing, civil society sources said they regarded one of these institutions to be primarily used as CCPA propaganda for international visitors. The SCIO report also estimated there were more than 384,000 religious personnel in the country: 222,000 Buddhist, 40,000 Taoist, 57,000 Islamic, 57,000 Protestant, and 8,000 Catholic.

The government continued to close down or hinder the activities of religious groups not affiliated with the state-sanctioned religious associations, including unregistered Protestant, Catholic, Muslim, and other groups. At times, authorities said the closures were because the group or its activities were unregistered or, at other times, because the place of worship lacked necessary permits. Some local governments continued to restrict the growth of unregistered Protestant church networks and cross-congregational affiliations. Authorities allowed some unregistered groups to operate but did not recognize them legally. In some cases, authorities required unregistered religious groups to disband, leaving congregants from these groups with the sole option of attending services under a state-sanctioned religious leader. According to Union of Catholic Asian (UCA) News, Article 34 of the new Administrative Measures for Religious Groups regulation, which governs money and finances, if enforced, “will halt the activities of house churches, dissident Catholic communities, and other unregistered religious bodies.”

International media and NGOs reported the government continued to carry out its 2019-2024 five-year nationwide campaign to “Sinicize religion” by altering doctrines and practices across all faith traditions to conform to and bolster CCP ideology and emphasize loyalty to the CCP and the state. The CCP’s Administrative Measures for Religious Organizations, promulgated in February, further formalized the administrative procedures for Sinicizing all religions.

The five-year plan to promote the Sinicization of Christianity called for “incorporating Chinese elements into church worship services, hymns and songs, clerical attire, and the architectural style of church buildings,” and it proposed to “retranslate the Bible or rewrite biblical commentaries.” According to Bitter Winter, on April 13, the UFWD in Zibo City, Shandong Province, issued an order calling on religious groups and clergy to write essays on their “love for the country and the Communist Party.” A Catholic dean in Zibo said that on April 16, a religious affairs bureau official told him to study Xi Jinping Thought and the 19th National Congress of the CCP for an examination he would have to take later. On February 18, the Shenyang Religious Affairs Bureau in Liaoning Province issued a notice that the city’s religious groups should hold events to advance Xi Jinping’s policies. On April 14, the TSPM in Fujian Province issued a document stating, “Posters promoting the core socialist values shall be posted in prominent positions in all church venues. Clergy members should highlight the core socialist values in their sermons and use important festivals, major events, and other occasions to interpret and publicize the core socialist values, so that they are inserted into believers’ minds, their Sunday worship services, and daily lives.” Local government authorities reportedly threatened to close churches whose clergy refused to help spread government propaganda.

According to Bitter Winter, the government regularly pressured clergy to incorporate government messages into sermons. Following President Xi’s call in August to curb food waste in the country, two Chinese Christian Councils of Quanzhou, Fujian Province, demanded all TSPM churches integrate the president’s ideas into their sermons, so that “the policy reaches everyone in society.” In response, some clergy members reportedly integrated the president’s exhortation into the Biblical story about Jesus feeding 5,000 people with five loaves and two fish.

Media reported that throughout the year, crackdowns on some churches with foreign ties intensified significantly throughout the country. Many religious groups faced comprehensive investigations that included checking their background, organizational setting, membership, online evangelism, and finances. Following investigations, authorities shut down hundreds of churches that were reportedly unregistered or whose registration had not been updated under the new regulations. In late 2019, the Jilin Province Religious Affairs Bureau issued a document calling for investigations of churches related to or funded by overseas religious groups and blocking their activities online, and it began implementing these measures during the year. In Shandong Province, national security officers interrogated a house church pastor in February for evangelical activities abroad.

The government media outlet Xinhua reported that in September, UFWD vice head and SARA director general Wang announced that in the previous 70 years, through the development of the TSPM, foreign influence and control had been completely eliminated from Christianity in the country.

On May 29, the Hainan Buddhist Association held a training session for Buddhist professionals and monks across the province. The training included advising monks on how to implement religious Sinicization, Xi Jinping’s remarks at the National Religious Work Conference, and the religious affairs regulations.

The BAC-affiliated Buddhist website AmituofoCN.com reported that on April 16, approximately 50 religious workers, including monks, pastors, imams, and other clergy from the five officially recognized religions, attended a mandatory training program organized by the Hainan Province UFWD, the Hainan Academy of Social Sciences, and the Hainan Party School. Participants studied the principles of the 19th National Congress of the CCP, Chairman Xi’s April 13, 2018, speech commemorating the 30th anniversary of the creation of the Hainan Special Economic Zone, and the Regulations on Religious Affairs. Hainan UFWD deputy director general Liu Geng in his opening remarks told the religious professionals to “make full use of religion to promote social harmony.” According to AmituofoCN.com, on May 29, the Hainan Buddhist Association organized another training session for clergy, teachers, and religious workers from various temples in the province. Song Xinghe, an official in the Hainan UFWD Religious Affairs Bureau, gave a lecture entitled, “Insistence on the Sinicization of Religion.”

According to Gospel Times, a Chinese Christian news website, from July 15 to 17, the Guangdong TSPM held a training session for 98 clergy to study new regulations and promote Sinicization in Guangdong Province. An associate professor from Jinling Union Theological Seminary gave a lecture on TSPM and the Sinicization of Christianity. Government officials also gave a lecture on “anticult” measures.

According to Bitter Winter, in some parts of the country, local authorities regularly reviewed sermons of TSPM pastors to ensure they were consistent with CCP ideology and contained praise for government leaders. The publication reported that on July 20, the Dandong City Religious Affairs Bureau in Liaoning Province required TSPM clergy to participate in a sermon competition on the Sinicization of religion. The clergy were told to prepare sermons by “looking for elements in the Bible that are relevant to the core socialist values and traditional Chinese culture,” in conformity with “the progress of the times.” One clergy member told Bitter Winter that only competition participants would pass the annual review to receive a clergy certificate.

In August, a conference to study the new civil code and volume three of Xi Jinping on Governance was held at the Guangxiao Buddhist Temple, organized by the Guangdong Buddhist Association. Approximately 800 leaders of all religious groups in Guangdong Province attended in-person and virtually.

The state-owned China News Service reported that on December 1, SARA director general Wang delivered remarks at the 10th National Congress of the BAC. Wang called on the BAC to “pursue political progress toward the adherence of Sinicization of Buddhism” to ensure Buddhist content was suitable for “contemporary social development.”

From August 10 to16, the Gansu provincial UFWD held what it described as the first round of training for Gansu Province’s main Islamic clerics and the directors of temple management committees at the Lanzhou Islamic Institute. A UFWD press release stated the training was intended to direct the Sinicization of Islam, promote the statement of CCP principles, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and “increase political literacy, all while highlighting policies and regulations, history and culture, and national and provincial conditions through the lens of patriotic education.”

In November, National Public Radio (NPR) reported that an Islamic scholar in the northwestern part of the country said of Muslim community leaders, “There are no imams who dare to speak out. You can renounce your state-given imam certification and leave the mosque in order to speak out – but then you can be sure you will be constantly monitored.”

On October 13, the state-owned China National Daily News reported the Hubei Provincial Islamic Association released an outline for implementing the “five-year plan for Hubei Province to adhere to the Sinicization of Islam in China (2018-2022).” According to the article, measures to implement the plan included “strengthening political identity,” studying the works of Xi Jinping, studying the Regulations on Religious Affairs, and guiding imams to interpret the scriptures in accordance with “Chinese traditional culture and the core values of socialism.”

China News Service reported that on November 28, the 10th National Congress of the Chinese Taoist Association was held in Jurong, Jiangsu Province. In addition to passing a code of conduct for Taoist teachers, the congress elected Li Guangfu as the new Taoist Association chairman. Li stated that Taoism should “adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era” and “adhere to the Sinicization of Taoism.”

Media reported in September that Catholics in the country protested the distorted retelling of a Bible story in a textbook the government-run University of Electronic Science and Technology Press published to teach “professional ethics and law” in secondary vocational schools. In the original biblical story from the Gospel of John, Jesus forgave the sins of a woman who committed adultery and prevented a crowd from stoning her to death. In the textbook, Jesus disperses the crowd, but he says to the woman, “I, too, am a sinner. But if the law could only be executed by men without blemish, the law would be dead,” and he then proceeds to stone her to death himself. According to UCA News, Catholic critics said the authors of the textbook “want to prove that the rule of law is supreme in China and such respect for law is essential for a smooth transfer to socialism with Chinese characteristics.”

Sources told media that authorities in Ningxia Hui Autonomous Region in north-central China, home to a majority of Hui Muslims, prevented public calls to prayer and banned sales of the Quran. Authorities also prohibited news broadcasts from showing images of pedestrians wearing skull caps or veils.

During the year, authorities reportedly pressured churches to display banners with messages of political ideology, recite the national anthem before singing Christian hymns, and engage in other acts demonstrating loyalty to the CCP over the church. In a press release on October 1, the anniversary of the founding of the PRC, Pastor Wang Qingwen, senior pastor of Jinghe New City, Shaanxi Province, called on six Christian churches in the city to “unswervingly adhere to the three-self patriotic principle of teaching and strive to promote the theological construction of the Sinicization of Christianity.” In the press release, Wang urged churches to continue to adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and to “hold high the banner of patriotism.”

In December, the Jerusalem Post reported there were approximately 100 practicing Jews among the 1,000 individuals with Jewish ancestry in Kaifeng, Henan Province. Lacking access to the Torah, they used Christian Bibles containing the Old Testament. Members of the community said they worried about government crackdowns on religion and had to celebrate Hanukkah and hold other gatherings in secret. One community member said, “Every time we celebrate, we are scared.”

In December, Bitter Winter reported that authorities placed pastors of house churches and dissident Catholic priests under arrest to make sure they would not lead Christmas celebrations in churches or private homes. According to the publication, in Xiamen, Fujian Province, police stopped a group of Christians from singing Christmas songs at a mall, even though they had been invited to perform there. Authorities fined a Christian in Lushan County, Henan Province, RMB 160,000 ($24,500) for gathering people to pray and sing Christmas songs. The NGO Human Rights Defenders reported there was pressure on schools across the country to teach children that Christmas should not be celebrated and that gifts should not be exchanged. According to the NGO, the government gave permission for “spontaneous” street demonstrations by people carrying banners reading “Christmas, Get out of China.”

The government labeled several religious groups as “cults” (xie jiao – literally “heterodox teachings”), including the CAG, the Shouters, the Association of Disciples, and the All Sphere Church. The government also continued to ban certain groups, such as Falun Gong, which it classified as an illegal organization. In July, Bitter Winter reported that several provinces had introduced measures that encouraged individuals to report on members of what it called “cults,” which carried a penalty of between three and seven years’ imprisonment. According to the CAG’s annual report, authorities harassed and threatened with imprisonment more than 8,400 Church members across the country who refused to sign statements renouncing their faith. In Shandong Province, those who reported on suspected “cult” members could receive up to a RMB 2,500 ($380) award, while Hainan Province offered awards up to RMB 100,000 ($15,300). Guangdong Province, Inner Mongolia Autonomous Region, and Nanjing City introduced similar measures. Actions by cults to be reported included using the internet to produce or disseminate religious materials; producing or disseminating religious leaflets, pictures, slogans, newspapers, and other publications; and hanging religious banners and posters in public places. Sources told Bitter Winter the campaign against xie jiao was ubiquitous throughout the country. Bitter Winter posted photographs of a park in Yuchen County, Shangqiu City, Henan Province, that contained multiple large red banners with anti-xie jiao messages.

The government reportedly discriminated in employment against members of religious groups it labeled as cults and prevented government employees from participating in religious activities. Faluninfo.net reported that in June, a police supervisor in Yuzhou City, Henan Province, fired Falun Gong practitioner Zha Zhuolin from the force for refusing to write a statement denouncing the group. According to Zha, the supervisor, Xu Wang, said, “The first rule for a police officer is to be loyal to the [Chinese Communist] Party.”

Media reported that in Guangzhou, pandemic-control volunteers delivered anti-xie jiao brochures, along with facemasks and hand sanitizer, to residents at the height of the COVID-19 pandemic, then broadcast anticult propaganda when an industrial park reopened in April.

According to media, police and local religious affairs bureau officials raided the Dongguan Branch of Guangzhou Bible Reformed Church on the evening of August 21 when more than 10 adherents were holding a Bible study session. Police accused the attendees of “spreading heterodox teachings” and detained three individuals. Two were released shortly, but the minister, Yang Jun, was detained until the next day on a fraud charge.

According to Bitter Winter, the government responded to protests against school reform in the Inner Mongolia Autonomous Region by blaming the unrest on banned religious groups, such as Falun Gong, or groups it labeled cults, such as the CAG. On August 28, the region’s Anticult Association launched “Prevention of Xie Jiao Propaganda Month.” Activities during the month included holding events, distributing brochures, and teaching “all ethnic groups in Inner Mongolia to guard against xie jiao.”

In October, CSW reported that some ethnic minority villages had established “village rules” to allow villagers to isolate and target Christians. According to CSW, in September, village authorities in Huang Fei Village, Yingjiang County, Yunnan Province, issued a notice stating that the traditional faith of the Dai community was Buddhism and that Christianity was an “evil cult.” The notice announced that anyone who violated the rules of the village “by believing in Jesus Christ and other sects” would have to pay a financial penalty to the community. CSW stated that individuals on social media reported the Li community in Hainan Province had also imposed a financial penalty on persons believing in Christianity.

From January to June or July, the government closed venues throughout the country, including religious venues, and prohibited mass gatherings due to the COVID-19 pandemic. Bitter Winter reported, however, that authorities allowed Taoist temples displaying Mao Zedong images to stay open throughout the lockdown. Sources told Bitter Winter that people worshiped at the Arhat Temple in Zhumadian City, Henan Province, throughout the lockdown because it had a Mao Zedong wall painting. The director of the Chinese National Ancestors’ Temple in Shanqui City, Henan Province, said authorities allowed his temple to remain open during the pandemic because it had a Mao Zedong statue.

Media reported authorities tried to stop many religious groups congregating or holding services online during the COVID-19 lockdown. On February 23, Shandong Province’s two state-run Christian organizations, the TSPM and the Chinese Christian Council, issued a notice prohibiting live streaming of religious services. A former TSPM pastor from Jiangxi Province told Bitter Winter that in early February, police shut down a chatroom he was using for a religious gathering. The ICC reported that on August 11, the local religious affairs bureau in Yunnan Province fined Zhang Wenli of the Chinese Christian Fellowship of Righteousness RMB 20,000 ($3,100) for conducting unauthorized online Bible study. A TSPM pastor in Binzhou City, Shandong Province, told Bitter Winter in April that the government blocked the link he shared with his congregation on WeChat, a Chinese social media application. A house church director in Qingdao City, Shandong Province, live-streamed a church service on YY, a video-based social network, but the service was suspended less than half an hour into the broadcast. An imam in Shenyang City, Liaoning Province, reported that shortly after he discussed Islamic festivals on a social media platform, police blocked his account. A local government official in Liaoning Province was summoned by his superiors in March for attending an online service of a South Korean church. They forced him to uninstall the app that allowed him to join the service.

In June, AsiaNews.it reported that although the government had begun allowing churches to reopen, the bureaucratic process and conditions for reopening made doing so difficult. A priest in central China said these conditions included getting permission to reopen from the village, city, and provincial governments and meeting strict sanitation requirements. The priest said, “Religion does not seem to belong to us; it belongs to the [Chinese Communist] Party.” The Catholic News Service reported authorities in Zhejiang Province issued a notice on May 29 stating that priests were required to “preach on patriotism” as a condition for resuming in-person services. Bitter Winter reported in June that authorities in Zhejiang Province required churches to praise the government’s efforts to fight the COVID-19 pandemic and to pray for “national economic and social development,” “attainment of the great rejuvenation of the Chinese nation,” and “promotion and realization of human destiny community,” all of which were President Xi Jinping’s political slogans.

According to Bitter Winter, in July, before the government had begun to lift lockdown restrictions and reopen religious venues in Nanyang City, Henan Province, the city’s religious affairs bureau ordered several folk religion temples to remove religious books and incense burners. Government authorities inspected the Taoist Jade Emperor Temple three times in August. As a condition for reopening the venue, officials ordered the temple to burn scriptures and expel a nun who lived on the premises. The temple remained closed, however, even after meeting these conditions.

In December, Bitter Winter reported that authorities, citing the COVID-19 pandemic, took measures to stop Christians from gathering for Christmas celebrations, although it allowed some musical, cultural, and political events to take place. On Christmas Day, riot police blocked the entrance to the Catholic Cathedral of the Savior in Beijing (also known as the Xishiku Church), saying religious gatherings were cancelled due to the pandemic. A large Christmas tree was used to block the entrance to St. Joseph’s Church in Beijing, and signs were also posted there saying gatherings were cancelled due to COVID-19.

According to Bitter Winter, officials placed arbitrary restrictions on Catholic churches affiliated with the CCPA, closed facilities, and merged others without the congregations’ consent. Government officials in Linyi used a point system to determine whether a congregation should be merged, considering such factors as whether the congregation had more than 10 members or the facility was equipped with a blackboard, audio system, desks, and chairs.

According to Bitter Winter, on January 10, the local religious affairs bureau and the security bureau ordered Father Liu Jiangdong, a Catholic priest from the Church of the Sacred Heart in Zhengshou City, Henan Province, to leave the Zhengshou Diocese, which was affiliated with the CCPA. A source told Bitter Winter that government authorities had previously accused Liu of financial improprieties, suspended his priesthood certificate, and imprisoned him from October 2018 to December 2019. The source said Liu had in fact been imprisoned because he opposed removal of the cross from atop his church, formed a Catholic youth group, and allowed minors to attend religious services. A member of his congregation said that since Liu’s release, authorities had surveilled him, monitored his telephone calls, and locked him out of his residence. A churchgoer said authorities threatened to fine members of Liu’s former congregation up to RMB 200,000 ($30,600) if they sheltered him or invited him to hold Mass in their homes.

Media and human rights organizations reported that SARA issued a new requirement in October that only the IAC was permitted to organize Muslims’ pilgrimage trips. The new regulations stated that those who applied to join the Hajj must be “patriotic, law-abiding, and have good conduct,” have never before participated in the Hajj, and be in sound physical and mental health. They also had to be able to completely pay the costs associated with going on the Hajj and must oppose religious extremism. The new administrative measure was reportedly intended to “preserve religious freedom and the continued Sinicization of religion in the PRC.”

According to Bitter Winter, the municipal government of a city in Zhejiang Province issued a document in April that required authorities to increase “counterterrorism and stability maintenance measures” during Ramadan. The document instructed police to intensify surveillance of local Hui and other Muslims, especially during Friday prayers, the daily breaking of the fast, and other important Ramadan activities. It also instructed police to surveil ethnic minority visitors from Xinjiang by checking their documents and luggage, determining their whereabouts while in the city, and acquiring other information.

NPR reported in November that in the spring, police detained 14 men in Yiwu City, Central Zhejiang Province, because they had purchased Islamic books. They were subjected to weeks of questioning about their political views and online correspondence with Muslim intellectuals and Chinese Muslims overseas. According to a friend of one of the men detained, “The police had printed out the text records everyone had on WeChat with writers and publishers…Now the police say every time they travel, they have to report to [the police] beforehand when they are leaving and where they are going.”

Sources reported churches attended by foreigners continued to receive heavy scrutiny, as authorities forced them to require passport checks and registration for members to prevent Chinese citizens from attending “foreigner” services.

Bitter Winter reported that in April, authorities placed surveillance equipment, including facial recognition cameras, in at least 40 religious venues in Zhongwei City, Ningxia Hui Autonomous Region. Authorities also installed surveillance cameras in all Protestant and Catholic churches in Jinxiang County, Jinin City, Shandong Province. A deacon at one TSPM Church in Henan Province, where authorities had installed a surveillance camera in December 2019, said, “[Government officials] always know how many congregation members are in the church and what is said during sermons. We have to speak with caution at any time. If we disobey the government, our church will be shut down.” In March and April, authorities in a city in Zhejiang Province placed surveillance cameras outside the entrances of homes of seven members of the CAG. One church member reported she was told this was done for “theft prevention.”

In October, Bitter Winter reported that authorities in Jiangxi Province’s Poyang County, which has a large population of Christians, issued orders to install RMB one million ($153,000) in facial recognition cameras in all state-approved places of worship. According to the report, authorities installed approximately 200 cameras in more than 50 TSPM churches from July to September, and nearly 50 in 16 Buddhist and Taoist temples. A police officer stated the cameras were installed to monitor church members and sermons.

A Catholic source in the northeast part of the country told AsiaNews.it in July that government staff attended Sunday services to monitor activities and ensure children who were 18 or younger did not attend. The Grand Mosque in Hohhot, Inner Mongolia, displayed signs prohibiting children who were 18 and younger from participating in religious activity. According to one worshipper at the mosque, authorities said this was to allow young people to focus on their secular education.

Minghui reported that police in Nanjing, Jiangsu Province, intensely surveilled Falun Gong practitioner Ma Zhenyu, who had been released from Suzhou Prison on September 19 after completing his three-year sentence. While monitoring Ma, authorities intimidated his mother and other practitioners.

The Hong Kong-based South China Morning Post (SCMP) reported in September that authorities in Sanya City, in the island province of Hainan, took measures against the predominantly Muslim Utsul ethnic minority, which comprised approximately 10,000 members. They banned girls from wearing traditional dress, including hijabs and long skirts, in school. An Utsul community worker said the ban prompted fierce protests by students and their families and that it was temporarily lifted after hundreds of students wore hijabs in public and boycotted classes. Photographs and videos circulated on social media showed girls wearing hijabs and reading from textbooks outside their primary school while surrounded by police officers. According to the SCMP, Utsuls working in government or CCP bodies were told the hijab was “disorderly.” The restrictions followed a 2019 government-issued document, Working Document Regarding the Strengthening of Overall Governance over Huixin and Huihui Neighborhoods, which referred to the only two predominantly Utsul neighborhoods on the island. The document called for the demolition of mosques displaying “Arabic” features, the removal of shop signs saying in Chinese characters the words “Islamic” or “Halal,” and increased surveillance over the Utsul population.

According to Bitter Winter, from March to May, Islamic symbols and writings in Arabic were painted over or covered on signboards of 70 Hui-run businesses in Chuxiong, the capital of the Chuxiong Yi Autonomous Prefecture, Yunnan Province. According to some shop owners, officials from various state institutions, among them the public security bureau, urban management, and religious affairs bureaus, ordered them to remove the symbols from their signboards or replace them entirely. Otherwise, their business licenses would be revoked. A baker from the prefecture’s Lufeng County said that from December to May, Islamic symbols were removed from the signboards of 62 halal shops in the county. “The state is out of control, like during the Cultural Revolution…Hui men are not allowed to wear white caps and women, headscarves. Hui Muslims will disappear in two or three generations.” Local officials told shop owners that the order came from the central government and that the signboard-removal campaign was nationwide. According to one local resident in Songming County, Kunming Province, signboards on 176 Hui businesses were “Sinicized” between December 2019 and May. A restaurant owner said, “If we Hui people tried to argue with officials, they would call us rioters and arrest us on any trumped-up charge.”

The SCMP reported in September that new foreign teachers coming to the country had to attend a mandatory 20-hour training course of what the news source characterized as “political indoctrination covering China’s development, laws, professional ethics, and education policies.” According to the newspaper, the Hainan provincial public security bureau offered rewards up to RMB 100,000 ($15,300) for tips on foreigners who “engaged in religious activities without permission,” including teaching religion and evangelizing. One teacher said authorities installed a surveillance camera in his classroom to monitor his lessons.

The SCMP reported in September that many foreign missionaries were not allowed to return to the country after it partially lifted COVID-19 travel restrictions for foreign national residents. According to the Voice of America (VOA), in November, the Ministry of Justice published draft regulations requiring foreign worshippers wanting to host religious activities to apply for a permit and to demonstrate their groups were “friendly to China” in their country of origin. The regulations would ban Chinese citizens from attending any services organized by foreigners and would require those organizing religious activities to provide the names, nationalities, and visa status of those who would attend as well as a detailed program of the service, including which texts would be read, before authorities would grant permission. According to VOA, authorities said the new regulations were intended to stop foreigners from spreading “religious extremism” or using religion “to undermine China’s national and ethnic unity.” The draft regulation specified it would also apply to individuals from Taiwan, Hong Kong, and Macau.

Authorities continued to restrict the printing and distribution of the Bible, Quran, and other religious literature. The government continued to allow some foreign educational institutions to provide religious materials in Chinese, which were used by both registered and unregistered religious groups. During the year, however, many provinces conducted campaigns cracking down on “illegal religious publications” from unofficial distribution channels. The government-affiliated news outlet Meipian.com reported that in January, law enforcement officers inspected publication wholesale and retail locations, farmer’s markets, and “urban-rural junctions within their jurisdictions” looking for “illegal religious publications and illegal training courses of a religious nature.” The ICC reported that on March 24, the Zhongshan No. 1 District People’s Procuratorate in Guangdong Province charged Christians Liang Rurui and Zhu Guoqing with conducting illegal business operations that “seriously disrupted market order.” According to the ICC, authorities in Zhongshan City, Guangdong Province, had arrested them in November and December 2019, respectively, for printing 7,000 children’s Bibles. According to the human rights blog Weiquanwang (Rights Protection Network), on July 2, authorities arrested four Christians from the Life Tree Culture Communications Co., Ltd. – Fu Xuanjuan, Deng Tianyong, Han Li, and Feng Qunhao – on charges of “illegal business operations” for selling electronic audio Bible players, small handheld devices that allow the user to listen to (as opposed to read) Biblical text. According to Weiquanwang, the company had been legally established in 2011 in Shenzhen City, Guangdong Province.

Bitter Winter reported that on September 14, the education and environmental protection bureaus in Luoyang City, Henan Province, inspected a local printing house to determine whether it was publishing banned religious materials. The printing house manager said, “They checked my storehouse, scrutinized all records, and even looked at paper sheets on the floor, to see if they have prohibited content. If any such content is found, I’ll be fined, or worse, my business will be closed.” According to Bitter Winter, similar bans applied to photocopying businesses. One photocopy employee said, “I was told to report anyone who comes to copy religious materials.” Another said, “If we are not sure if a text is religious, we must keep its copy and report it to authorities.”

The ICC reported in September that the People’s Court of Linhai City in Zhejiang Province sentenced online Christian bookseller Chen Yu to seven years in prison and fined him for “illegal business operations,” allegedly for selling unapproved religious publications. Authorities first detained him in September 2019.

In July, Bitter Winter reported government restrictions on printing, copying, and mailing nonapproved Buddhist literature increased throughout the country. A source in Chifeng City, Inner Mongolia Autonomous Region, said authorities confiscated thousands of Buddhist books and compact discs from at least 20 stores in the region. One store owner said authorities confiscated more than 2,000 Buddhist books and materials from the store. Another shop owner said, “In the past, people would send me books and materials they printed themselves to distribute them for free, but nobody dares to do this now.” In March, police in Zhejiang Province forbade printing houses from fulfilling orders from venues not approved by the government. In June, authorities in Hulunbuir City, Inner Mongolia, banned copy centers from printing Buddhist and Christian materials. One copy shop owner said, “Government officials come every day to inspect computers and copy machines. If they discover that religious materials have been copied, I could be held legally accountable.”

Bitter Winter reported that in early September, police arrested a person in Jinan City, Shandong Province, who attempted to mail compact discs of sermons by Shenpo Sodargye, a Tibetan Buddhist master, to the more than 100 individuals in Weihai City, Shangdong Province, who had ordered them online. The names of the buyers were forwarded to local Weihai police, who summoned them for questioning.

According to Bitter Winter, during a meeting on Buddhism organized on July 31 by the Fuzhou City Religious Affairs Bureau in Jiangxi Province, authorities banned all temples in the city from keeping religious books from Hong Kong and Taiwan in the name of “preventing foreign infiltration.” The director of a Buddhist temple said, “The government controls all books on Buddhism; nothing that does not comply with the CCP ideology is allowed and is considered illegal. Only religious materials promoting the Party are permitted to be circulated.”

According to Bitter Winter, local authorities throughout the country continued to ban the sale and display of religious couplets (banners with poetry) traditionally displayed during Chinese New Year. Local authorities threatened to fine or imprison anyone caught selling them. One merchant in Luhe County, Guangdong Province, said, “We don’t carry religious couplets. Even if we had them, we wouldn’t dare sell them.” On January 19, three officials from Poyang County, Jiangxi Province, entered a TSPM church, took photos, and registered the personal information of those in the church. The officials distributed couplets praising the CCP and demanded they be posted. A government employee in Xinmi City, Henan Province, told Bitter Winter that in early March, municipal authorities ordered all town and township governments to conduct door-to-door inspections of households and shops looking for religious couplets. Inspectors were instructed to remove the couplets and cooperate with the public security bureau to ascertain where they had been produced. One shopkeeper said authorities threatened to close his business if he posted Christian couplets again.

Christian organizations seeking to use social media and smartphone apps to distribute Christian materials reported the government increased censorship of these materials. According to VOA, in October, ChinaAid stated that online censors removed the words “Christ” (jidu), “Jesus” (Yesu), and “Bible” (shengjing) from social media posts and replaced them with the initials “JD,” “YS,” and “SJ.” The word Christianity was replaced with “JD religion.” According to some scholars, Christians were replacing the words in texts themselves to avoid online censors who might block the posts.

In May, Bitter Winter reported authorities continued to dismantle Islamic architectural features and remove Islamic symbols from mosques throughout the country, and it published photographs from multiple locations showing construction workers taking down domes and minarets as well as before-and-after pictures. In Weizhou City, Ningxia Hui Autonomous Region, many of the more than 4,000 mosques in the city were remodeled or destroyed between 2018 and February 2020 as part of the government’s “de-Arabization and de-Saudization” campaign. Before-and-after photographs of the Weizhou Grand Mosque and other mosques showed that Chinese-style pagodas had replaced minarets and crescent moon symbols had been removed.

In late March, authorities removed the domes and star-and-crescent symbols from 17 mosques in Pingliang City, Gansu Province. A local imam said that before the removals, authorities forced imams to study “de-Arabization and de-Saudization policies as well as the promotion of religion ‘Sinicization.’” The imam said authorities threatened to revoke the credentials of imams who did not cooperate with removal of the symbols. Many mosques visible from major highways in Qinghai Province in September had replaced traditional Islamic minarets with more Chinese-looking structures or appeared to be in the process of doing so. Mosques with more traditional Han Chinese architecture, such as the Grand Mosque in Xining, Qinghai Province, remained unchanged and were highlighted in public tours by imams and other mosque representatives.

According to Bitter Winter, in January, authorities removed domes and star-and-crescent symbols from at least 10 mosques in Pingdingshan City, Henan Province. On March 18, amid the coronavirus lockdown, government-hired workers remodeled the roof of the Gongmazhuang Mosque in Zhengzhou, Henan Province, to make it look “more Chinese.” Authorities had removed domes and star-and-crescent symbols from the mosque in November 2019. In late March, the government ordered the removal of domes and star-and-crescent symbols from a mosque in Xiaoma Village, Henan Province. In mid-November, authorities removed the dome and star-and-crescent symbols from a mosque in Qinghua Town, Henan Province, and hung banners reading, “Resolutely resist religious infiltration and combat religious extremism” at the mosque’s entrance. In Maying Village, Henan Province, after the government ordered the removal of symbols from the local mosque, one resident said, “We have to listen to what Xi Jinping says and what state policies indicate. No one dares to challenge the state.”

In December, Bitter Winter published before-and-after photographs of numerous churches in multiple provinces, including churches affiliated with the TSPM, that showed that exterior crosses had been removed and facades altered to eliminate Western-style features that identified them as Christian worship venues. Authorities removed crosses from at least 900 TSPM churches in Anhui Province between January and July. In April, UCA News reported the removal of crosses from several Catholic churches, including from Our Lady of the Rosary Church in Anhui Diocese on April 18. A priest said dioceses normally cooperated with authorities on the removal of crosses in the hopes that they would not demolish the entire building. On June 6, all crosses, other religious symbols, and pews were removed from the Wangdangjia village church in Linyi County. The “Catholic Church” signboard above its entrance was covered with wooden boards.

According to Bitter Winter, between March 2019 and January 2020, authorities removed crosses from approximately 70 Christian churches, including TSPM churches, in Linyi City, Shandong Province. Authorities said the crosses were “too close to the national highway,” “too tall,” or might seem “unpleasant” to visiting provincial government superiors. They threatened to demolish the buildings if the crosses remained. On January 8, the provincial government ordered a TSPM Church near the high-speed rail line in Lanshan District, Shandong Province, to remove its exterior cross because it was “too eye-catching.” The Chinese characters for “love” and “Christian Church” were also removed. Authorities removed crosses from at least 900 TSPM Churches in Anhui Province between January and July.

According to Bitter Winter, officials in Fuzhou City, Fujian Province, pressured the abbot of the Buddhist Yuantong Temple to remove an 11-meter (36-foot)-high statue of Guanyin for being “too tall.” According to sources, authorities threatened to close the temple if the abbot did not comply. On March 9, workers dismantled the statue, and photographs accompanying the Bitter Winter article showed it lying in pieces on the ground.

Media reported authorities continued to destroy religious sites, including those affiliated with the TSPM and CCPA. Throughout the year, Bitter Winter published numerous before-and-after photographs showing churches, temples, and other religious structures that had been reduced in whole or in part to rubble. Bitter Winter reported that on March 10, authorities demolished a TSPM Church in Shangqiu, Henan Province. A source told Bitter Winter that on March 10 at 4:00 a.m., more than 200 government personnel and police came to demolish a TSPM Church in Xiazhuang Village, Shangqiu City, Henan Province. According to the source, police kicked in the door and forcibly removed a member of the congregation who was guarding the church, fracturing two of his ribs. The contents of the church were buried under the rubble.

On April 20, the government of Shangrao County in Shangrao City, Jiangxi Prefecture, demolished a TSPM Church, saying the structure was “unlicensed and dilapidated.” Sources said local officials told the congregation higher-level officials had ordered the demolition because “the government doesn’t allow belief in Jesus.” A church member told Bitter Winter the structure was in fact sound and was also registered with the local religious affairs bureau. The church member said that, contrary to law, authorities did not compensate the congregation for destroying the building. Accompanying the article were photographs showing the church before demolition and a pile of rubble following the demolition. According to another church member, following the demolition, congregants began practicing separately at home but had to be cautious. “The government arrests anyone in unauthorized religious gatherings. When they find two or three of us meeting, they can charge us with any crime at will, saying we are against the CCP.”

The ICC reported that on September 12, authorities in the town of Xiezhou in Yanhu District, Yucheng City, Shangxi Province, demolished the tombstones of more than 20 Swedish missionaries who had performed missionary work in the country in the early 1900s. They threatened to arrest anyone who photographed or videotaped the incident. Authorities planted vegetation over the gravesites.

Local sources reported authorities continued to close Christian venues or repurpose them into secular spaces. According to Bitter Winter, in April, the government of Qingshui Township in Shangrao City, Jiangxi Province, closed a TSPM Church for being “unlicensed and too eye-catching.” Officials destroyed religious symbols inside the church and posted a closure notice at the entrance. In May, officials converted the church into an activity center for the elderly, placing a ping-pong table, Chinese chess boards, and secular books inside.

Bitter Winter reported that on January 1, six local government officials and police officers raided a Catholic nursing home in Fuzhou City, Jiangxi Province. They confiscated 30 religious publications, a cross, and other religious symbols, sculptures, and paintings. A photograph accompanying the article showed that a mural of Jesus that had been displayed behind the alter was replaced with a landscape painting and an outdoor sculpture of Jesus was covered with a shed. Authorities pressured the church’s priest to sign an application to join the CCPA, but he refused. According to Bitter Winter, authorities also targeted the Benevolence Home, a nursing home operated by nuns in Saiqi Village, Fujian Province. On January 12, nearly 50 local government officials and police officers raided the nursing home where more than 30 persons lived, some of whom were from impoverished households or disabled. Authorities forced the elderly residents out and cut off the building’s electricity and water supply.

In July, a Catholic source in southeast China told AsiaNews.it that the local government denied permits to construct new Catholic churches and halted construction that was already underway. In January, AsiaNews.it reported that in at least five parishes in Mindong Diocese, Fujian Province, including Fuan, Saiqi, and Suanfeng, authorities cut off power and water to prevent churches from being used, citing “fire safety” measures.

Bitter Winter reported that government and law enforcement personnel destroyed the Great Hall of Strength, a Buddhist temple in Handan City, Hubei Province, on March 6. A local Buddhist said authorities demolished it because it “lacked a religious-activity venue-registration certificate.” The temple director said he was never approached about obtaining such a certificate. The local Buddhist said, “The government just wanted to demolish the temple…People cannot argue with authorities; they will accuse us of breaking the law as they please.”

According to Bitter Winter, authorities demolished the Buddhist Phoenix Temple in Qitang Town, Chongqing Municipality, on January 3. In March, authorities ordered eight Buddhist temples in Yongchuan District, Chongqing Municipality, to close and brick up their entrances, rendering the buildings unusable. Authorities demolished the Longhua Temple in Ma’anshan City, Anhui Province, on April 1.

Sources told Bitter Winter that on May 18, more than 20 officials and police in Shucheng County, Anhui Province, destroyed a Buddhist temple that authorities had declared “a dilapidated building.” When a protester attempted to film the scene, police officers pressed her to the ground and hit her in the collarbone until she lost consciousness. Police then destroyed her mobile phone.

Bitter Winter reported several cases of authorities destroying folk religion sites throughout the country. From April 14 to 19, authorities demolished three buildings in the Yangfu Temple in Taizhou, Zhejiang Province. On April 22, authorities demolished 18 statues in two folk religion temples in Linzhou, Henan Province. From April to June, authorities demolished 85 small folk religion temples in Handan, Hebei Province. On May 1, authorities demolished an ancestral hall in Ganzhou, Jiangxi Province.

Bitter Winter reported that on July 2 in Dangtu County, Ma’anshan City, Anhui Prefecture, more than 100 police officers destroyed a village folk temple. One villager said police first cordoned off the area to prevent anyone from approaching. The witness said, “They then smashed the lock to get inside and demolished the temple after dragging out the eight elderly believers protecting it.” The online magazine posted a video on social media that showed a large number of police standing guard while a bulldozer knocked down the structure.

Bitter Winter reported in July that authorities had not yet reopened the Cao’an Manichean temple in Quanzhou, Fujian Province, which had been closed due to the COVID-19 pandemic. Police were seen periodically patrolling the temple. Before its closure, authorities ordered the construction of a flagpole for the national flag and placed government propaganda slogans inside the temple.

Religious education for minors remained banned, but enforcement and implementation of the prohibition varied widely across and within regions.

AsiaNews.it reported authorities sent a directive to Xilinhaote Middle School Number 6 in Xilinhaote, Inner Mongolia dated March 25 forbidding students from taking part in religious activities in or outside of school. The directive reportedly prohibited parents from teaching their children about religion and religious organizations from operating in schools. Students and teachers found disobeying the restrictions faced expulsion and dismissal.

In November, Bitter Winter reported that a fifth-grade teacher in a Liaoning Province primary school told the online magazine any mention of religious holidays had been purged from English-language textbooks. The teacher said a text originally entitled “Easter Party” had been replaced with “English Party” and descriptive passages such as “You will meet the Easter Bunny” with “You will meet Robin the Robot.”

In January, AsiaNews.it, reported the government had closed down several Tibetan Buddhist centers in Sichuan Province because, authorities said, “Illegal activities” were carried out in the centers. The NGO International Campaign for Tibet said the government’s actual purpose was to limit the influence of Khenpo Sodargye, a Buddhist monk who founded these centers. The centers were associated with the Larung Gar Tibetan Buddhist Institute, from which authorities had expelled more than 15,000 Buddhist monks and nuns since 2016 and destroyed significant portions of the property.

Individuals seeking to enroll at an official seminary or other institution of religious learning continued to be required to obtain the support of the corresponding official state-sanctioned religious association. The government continued to require students to demonstrate “political reliability,” and political issues were included in examinations of graduates from religious schools. Both registered and unregistered religious groups reported a shortage of trained clergy due in part to government controls on admission to seminaries.

Religious groups reported state-sanctioned religious associations continued to be subject to CCP interference in matters of doctrine, theology, and religious practice. The associations also closely monitored and sometimes blocked the ability of religious leaders to meet freely with foreigners.

National regulations required Muslim clerics to meet the following requirements: “Uphold the leadership of the CCP; love Islam and serve Muslims; possess a degree in or receive formal training in Islamic scriptural education; have graduated from junior high school or above, in addition to attaining competency in Arabic; and be at least 22-years-old.” According to sources, imams had to pass an exam testing their ideological knowledge to renew their license each year.

The government and the Holy See remained without formal diplomatic relations and the Holy See had no official representative to the country. On October 22, the Holy See and the PRC announced they had agreed to extend a provisional agreement on the appointment of bishops for another two years. The two parties signed the original agreement in 2018. The precise terms of the agreement were not made public, but according to Catholic News Agency (CNA) and Vatican News, it was a “pastoral” effort to help unify members of the underground Catholic Church in China – which had remained in communion with the Holy See – with Catholics belonging to the CCPA. Vatican News stated the agreement “does not directly concern diplomatic relations between the Holy See and China, nor the legal status of the Chinese Catholic Church or relations between the clergy and the authorities of the country. The Provisional Agreement concerns exclusively the process of nomination of bishops…” Following the signing of the agreement, seven CCPA-affiliated bishops appointed without papal mandate were brought into full communion with the Holy See; an eighth bishop was posthumously recognized. AsiaNews.it reported that on November 23, Reverend Thomas Chen Tianhao became the third new bishop without a prior affiliation with the CCPA to be ordained under the agreement, assuming the position of Bishop of Qingdao in Qingdao City, Shandong Province. UCA News reported that on December 22, a fourth bishop, Peter Liu Genzhu, was ordained bishop of Hongdong in Linfen City, Shanxi Province.

Commentators, human rights groups, and some Catholic leaders criticized the agreement as doing little to protect freedom of religion or belief for Catholics in China. On November 17, the America Jesuit Review published an article discussing 30 bishops who belonged to the underground Catholic Church and refused to join the CCPA. “The situation of these bishops has become more difficult since the agreement as, contrary to what Rome expected, Chinese authorities have used it to pressure underground bishops and priests to submit to the state’s religious policies.” Retired Cardinal Joseph Zen of Hong Kong in his online blog of October 7 said the agreement was lopsided, with the CCP nominating bishops for the Pope to approve, and that persecution of the underground Catholic Church had increased since 2018.

Catholic clergy and laypersons told media the situation of both registered and unregistered Catholic communities worsened during the year. A number of Catholic churches and bishops appointed by the Pope remained unable or unwilling to register with the CCPA. According to Bitter Winter, the Catholic Diocese of Mindong in Fujian Province suffered severe persecution from the CCP after most of its priests refused to join the CCPA. Authorities closed five parishes in January. Bitter Winter reported multiple instances of authorities pressuring Catholic leaders to join the CCPA and, in some cases, arresting and physically abusing Catholic leaders who refused. According to Bitter Winter, during the first half of the year, the CCPA attempted to force 57 unregistered Catholic priests from the Mindong Diocese to join the organization. As of June, 25 had complied, three had resigned in protest, and one was driven out of the diocese. Local authorities continued to pressure the remaining 28 priests to join.

According to Bitter Winter, on April 2, officials detained Father Huang Jintong, a priest from the Mindong Diocese’s parish in Saiqi Village in Fuan City, Fujian Province. Police deprived the priest of sleep for four days before he signed a document saying he would join the CCPA. According to AsiaNews.it, on September 1, the local religious affairs bureau detained another priest of the Mindong Diocese, Father Liu Maochun, for at least 17 days for refusing to join the CCPA.

Sources told Reuters News Agency that in May, two Catholic nuns serving at the Holy See’s Study Mission to China in Kowloon (Hong Kong) were arrested by mainland authorities when they traveled to Hebei Province to visit their families. The nuns were detained in Hebei for three weeks before being released into house arrest without being charged. They remained under house arrest as of year’s end, and their families’ homes were under surveillance. The nuns were reportedly allowed to attend Mass but were not permitted to leave mainland China.

In July, AsiaNews.it reported that a priest said authorities often gathered priests in order to “brainwash” them, congregation members were no longer able to host Mass in their homes, and bishops of underground dioceses were increasingly arrested since the 2018 signing of the provisional agreement between the Holy See and China. One lay member said there were more restrictions on the number of individuals allowed to attend religious gatherings, children younger than 18 were forbidden from entering the church, and government authorities often sat in on church meetings to surveil the church.

CNA reported that on October 4, Vincenzo Guo Xijin, the auxiliary bishop of the Mindong Diocese in Fujian Province, announced he would no longer preside over public masses or receive any tithes and said that all administrative matters associated with the diocese should be referred to Bishop Vincent Zhan Silu. In 2006, the Holy See excommunicated Zhan, a member of the Chinese People’s Political Consultative Conference, but in December 2018 allowed him to replace Guo as bishop of the Mindong Diocese while Guo stepped into the subordinate position. Zhan was one of seven individuals appointed without papal mandate whom the Holy See recognized as bishops under the 2018 provisional agreement. The government did not recognize Guo, who was not a member of the CCPA, in his role as auxiliary bishop. In an open letter announcing his withdrawal from public religious duties, Guo stated, “The sacraments celebrated by those who sign [a document joining the CCPA] and those who do not sign are legitimate.”

In June, CNA reported that authorities detained underground Catholic bishop Cui Tai in Zhangjiakou Municipality, Hebei Province. According to AsiaNews.it, authorities in the past had repeatedly placed Cui under house arrest or sent him to forced-labor camps for engaging in evangelization activities without official government permission and for criticizing the CCPA. As of year’s end, it was unclear whether he had been released from detention.

Sources told Bitter Winter the government threatened to retaliate against family members if clergy in the Mindong Diocese did not join the CCPA. Authorities forced Father Feng from Xiyin Village, Fuan City, to sign an application to join the CCPA by threatening to dismiss his younger brother and sister-in-law from public employment. After another priest refused to join, authorities confiscated the vehicle his brother used for business and shut down his nephew’s travel agency.

The ICC reported in July that a member of the ERCC said authorities threatened to send the children of church members to “reeducation camps” and take adopted children away from their parents. The source said authorities had already taken four adopted children from one church family and returned them to their biological parents or found them other homes.

Colombia

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of religion and the right to profess one’s religious beliefs. It prohibits discrimination based on religion. There is no official state church or religion, but the law says the state “is not atheist or agnostic, nor indifferent to Colombians’ religious sentiment.” The constitution states all religions and churches are equal before the law. A 1998 Constitutional Court ruling upholds the right of traditional authorities to enforce the observation of and participation in traditional religious beliefs and practices on indigenous reserves. Subsequent rulings refer to the 1998 decision to reaffirm the right of indigenous governors to prohibit the practice of certain religions on indigenous reserves. A concordat between the Holy See and the government, recognized and enforced by law, recognizes marriages performed by the Catholic Church, allows the Church to provide chaplaincy services, and exempts members of the Catholic clergy from compulsory public service, including military service. According to a court ruling, these provisions are constitutional as long as they apply to all religious groups, but the legal framework is not in place to extend them to all religious groups. The law prohibits any official government reference to a religious affiliation for the country.

The MOI is responsible for formally recognizing churches, religious denominations, religious federations and confederations, and associations of religious ministers, as well as keeping a public registry of religious entities. Entities formally recognized by the MOI may then confer this recognition, called “extended public recognition,” to affiliated groups sharing the same beliefs. The application process requires submission of a formal request and basic organizational information, including copies of the organization’s constitution and an estimate of the number of members. The government considers a religious group’s total membership, its “degree of acceptance within society,” and other factors, such as the organization’s statutes and its required behavioral norms, when deciding whether to grant it formal recognition. The MOI is authorized to reject requests that are incomplete or do not fully comply with established requirements. The MOI provides a free, web-based registration process for religious and faith-based organizations seeking recognition. Formally recognized entities may collect funds and receive donations, establish religious education institutions, and perform religious services, excluding marriages. Unregistered entities may perform religious activities without penalty but may not collect funds or receive donations.

The state recognizes as legally binding marriages performed by the Catholic Church, the Jewish community, and 13 non-Catholic Christian denominations that are signatories to a 1997 public law agreement. The agreement authorizes these religious groups to engage in activities such as marriages, funeral services, and spiritual assistance in prisons, hospitals, military facilities, and educational institutions. Under this agreement, members of religious groups that are neither signatories to the agreement nor affiliated with signatories must marry in a civil ceremony for the state to recognize the marriage. Religious groups not signatories to the 1997 public law may not provide chaplaincy services or conduct state-recognized marriages.

The constitution recognizes the right of parents to choose the education of their child, including religious instruction. The law states religious education shall be offered in accordance with laws protecting religious freedom, and it identifies the Ministry of Education as responsible for establishing guidelines for teaching religion within the public school curriculum. Religious groups, including those that have not acceded to the public law agreement, may establish their own schools, provided they comply with ministry requirements. A Constitutional Court ruling obligates schools to implement alternative accommodations for students based on their religion, which could include students at religious institutions opting out of prayers or religious lessons. The government does not provide subsidies for private schools run by religious organizations.

The law imposes a penalty of one to three years in prison and a fine of 10 to 15 times the monthly minimum wage, approximately 8.3 million to 12.4 million Colombian pesos ($2,400 to $3,600), for violations of religious freedom, including discrimination based on religion. The penal code also prohibits discrimination based on religious beliefs, including physical or moral harm.

A Constitutional Court ruling states that citizens, including members of indigenous communities, may be exempt from compulsory military service if they can demonstrate a serious and permanent commitment to religious principles that prohibit the use of force. Conscientious objectors who are exempt from military service may complete alternative, government-selected public service. The law requires that regional interagency commissions (Interdisciplinary Commissions on Conscientious Objection, under the Ministry of Defense) evaluate requests for conscientious objector status; commission members include representatives from the armed forces, the Inspector General’s Office, and medical, psychological, and legal experts. By law, the National Commission of Conscientious Objection reviews any cases not resolved at the regional level. The law requires that every battalion or larger military unit designate an officer in charge of processing conscientious objector exemptions.

According to the law, all associations, foundations, and corporations declared as nonprofit organizations, including foundations supported by churches or religious organizations recognized by the MOI, must pay taxes. Churches and religious organizations recognized by the MOI are tax-exempt, but they must report their incomes and expenses to the National Tax and Customs Authority. According to a Constitutional Court ruling, the state may not seize the assets of non-Catholic churches in legal proceedings if the church meets the requirements for formal government recognition.

Foreign missionaries must possess a special visa, valid for up to two years. The MFA issues visas to foreign missionaries and religious group administrators who are members of religious organizations officially recognized and registered with the MOI. When applying for a visa, foreign missionaries must have a certificate from either the MOI or church authorities confirming registration of their religious group with the MFA. Alternatively, they may produce a certificate issued by a registered religious group confirming the applicant’s membership and mission in the country. The visa application also requires a letter issued by a legal representative of the religious group stating the organization accepts full financial responsibility for the expenses of the applicant and family, including funds for return to their country of origin or last country of residence. Applicants must explain the purpose of the proposed sojourn and provide proof of economic means. A Constitutional Court ruling stipulates that no group may impose religious conversion on members of indigenous communities.

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

Government Practices

The MOI reported there were 8,214 formally recognized religious entities in the country as of September, compared with 7,763 at the end of 2019. It received 393 applications for formal recognition of religious entities, compared with 771 in 2019; approved 343, compared with 481 in 2019; and deferred or denied 12, compared with 32 in 2019. The MOI stated that the deferred and denied petitions were because the applying entity failed to meet the legal requirements and/or because it failed to provide missing information during the year. The MOI stated it continued to review the remaining applications. According to the MOI, 100 percent of the applications were from evangelical Christian churches. The MOI continued to give applicants who submitted incomplete applications or incorrect supporting documents 30 days to bring their applications into compliance. If the MOI deemed an application incomplete, it could deny the application; however, the applying organization could resubmit an application at any time, and the MOI indicated there was no waiting period to reapply.

On February 28, the MOI released a new public policy draft decree on religious freedom and worship aimed at increasing coordination with religious groups and updating a 1997 agreement to include additional religious groups. According to the MOI, the draft decree would enable religious groups not included in the original signatories to have the authority to engage in activities such as marriages, funeral services, and spiritual assistance. The government made available the draft for public comment for 15 days on the MOI website. After receiving no comments, the MOI moved the draft to the Minister of Interior for signature, where it awaited at year’s end before proceeding to the President for signature. The MOI released for public comment a second related decree to increase access for religious organizations to perform chaplain services. At year’s end, this draft decree had received no comments and was awaiting signatures from the Minister of Interior and the President.

The 2019 agreement between the government and UNDP to study the social contribution and sustainable development goals of religious organizations went into effect and in August, Cundinamarca became the first department to become part of the study. According to the MOI, it intended to expand the study to the country’s remaining 31 departments. On October 28, the MOI launched a new Academic Network for the Respect and Guarantee of Religious Freedom whose goal was to engage university researchers in investigating religious tolerance in the country.

According to the MOI and religious leaders, the ministry continued implementing its public policy goal of raising awareness of the role of religious groups in supporting victims of conflict and other vulnerable populations, as well as strengthening interreligious cooperation and tolerance at the local level through structured interfaith dialogues and technical assistance. The MOI led 14 virtual and in-person workshops to assist local authorities and religious organizations on various aspects of the policy, with a focus on taxes, religious facilities, and education. The workshops also focused on increasing religious tolerance, postconflict victim support, and outreach to vulnerable populations. The MOI also launched a new program in August that held 25 virtual workshops to train religious leaders and public servants in constructing and managing social projects.

By year’s end, 19 major cities had adopted new public policies on religious freedom, compared with 14 major cities and 11 departments in 2019. The policies included public campaigns to promote religious tolerance and nondiscrimination, as well as efforts to strengthen communication between religious groups and government institutions at the national and regional levels. Religious freedom and respect for religious groups were included in new territorial development plans for 2020-23 in 16 departments and 24 municipalities. The national outreach programs continued to prioritize integrating the religious community into public policy discussions, including on how to respond to the humanitarian crisis in Venezuela, the increasing number of Venezuelans residing in the country, and how to deal with the COVID-19 pandemic.

According to religious groups, individuals continued to have difficulty obtaining exemptions from military service on religious grounds. Religious leaders expressed continued concern regarding a law requiring interagency commissions to evaluate requests for conscientious objector status. Religious organizations reported mixed enforcement of the conscientious objector law, stating that some objectors were still required to serve in the military, although they were exempt from carrying a weapon. The Ministry of Defense reported that by year’s end, it had approved 85 of 117 applications seeking conscientious objector status on religious grounds.

Religious leaders of Catholic and Protestant churches continued to report the parameters of the tax law governing religious organizations were not clear and that enforcement was arbitrary because the tax-related responsibilities for religious organizations remained unclear. The Episcopal Conference of Colombia, representing the Catholic Church, continued to express concern that taxes on religious nonprofit organizations were limiting those organizations’ ability to deliver social services in their communities.

The CJCC continued to express concern that some political figures associated with the country’s self-defined left-leaning political parties used anti-Semitic rhetoric during political campaigns, referring to Israeli military operations in Palestinian-controlled territory as a new version of the Holocaust. Political analysts said such rhetoric was not representative of the views of left-leaning parties.

The National Police, through the Protection and Special Services Directorate, continued to provide security for religious sites and leaders deemed at risk.

The country observed July 4 as the National Day of Religious Freedom. In connection with the observance, the MOI and regional governments held forums and other events to educate the public on the significance of the holiday and new public policy and to build bridges with religious organizations. On July 4, President Ivan Duque Marquez met virtually with representatives of the country’s main religious communities and organizations. During the meeting, he highlighted what he said was the progress achieved by the country in the field of religious freedom, and he said that the defense of freedom of religion is intrinsic to the democratic society to which the country aspires.

The government hosted the first Hemispheric Forum on Freedom of Religion or Belief on October 22-23. The first day of the virtual event brought together experts and leaders from various religious organizations in the Western Hemisphere to discuss challenges to freedom of religion or belief. The second day featured a ministerial during which ministers of foreign affairs made statements on the promotion and guarantee of the right to freedom of religion or belief. Vice Minister of Interior Carlos Alberto Baena Lopez highlighted the government’s commitment to protecting religious freedom, while Vice Minister of Foreign Affairs Adriana Mejia Hernandez said the country took seriously the responsibility to protect the rights of religious minorities, adding that any threat to freedom of religion was a threat to democracy. Religious leaders said they were pleased with their increased involvement with the MOI in planning the country’s role as forum host.

An interagency working group formed in 2018 with the participation of several religious organizations met virtually to discuss the role of such organizations in the internal peace and reconciliation process and to plan for the Hemispheric Forum on Freedom of Religion or Belief. It also discussed the response of religious organizations to the crisis in Venezuela.

Comoros