Legal Framework

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

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

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

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

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

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

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

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

"Government" Practices

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Legal Framework

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Government Practices

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Legal Framework

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Government Practices

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Legal Framework

The constitution states freedom of conscience and choice of religion or no religion are inviolable, prohibits religious discrimination, and stipulates the state shall assist in maintaining tolerance and respect among believers of different denominations, as well as between believers and nonbelievers.  It states the practice of any religion shall be unrestricted and religious beliefs, institutions, and communities shall not be used for political ends.  It restricts freedom of religion to the extent that its practice would be detrimental to national security, public order, health, and morals, or the rights and freedoms of others.  It states no one shall be exempt from obligations established by the constitution or the law on grounds of religious or other convictions.  The constitution also stipulates the separation of religious institutions from the state and prohibits the formation of political parties along religious lines as well as organizations that incite religious animosity.  The law does not allow any privilege based on religious identity.

The constitution names Eastern Orthodox Christianity as the country’s traditional religion.  The law establishes the BOC as a legal entity, exempting it from the court registration that is mandatory for all other religious groups wishing to acquire legal recognition.

The penal code prescribes up to three years’ imprisonment for persons attacking individuals or groups based on their religious affiliation.  Instigators and leaders of an attack may receive prison sentences of up to six years.  Those who obstruct the ability of individuals to profess their faith, carry out their rituals and services, or compel another to participate in religious rituals and services may receive prison sentences of up to one year.  Violating a person’s or group’s freedom to acquire or practice a religious belief is subject to a fine of between 100 and 300 levs ($59 to $180).  If a legal entity commits the infraction, the fine can range from 500 to 5,000 levs ($290 to $2,900).

To receive national legal recognition, the law requires religious groups other than the BOC to register with the Sofia City Court.  Applications must include:  the group’s name and official address; a description of the group’s religious beliefs and service practices, organizational structure and bodies, management procedures, bodies, and mandates; a list of official representatives and the processes for their election; procedures for convening meetings and making decisions; and information on finances and property and processes for termination and liquidation of a group.  The Directorate for Religious Affairs under the Council of Ministers provides expert opinions on registration matters upon request of the court.  Applicants may appeal negative registration decisions to the Sofia Appellate Court and, subsequently, the Supreme Cassation Court.  The law does not require the formal registration of local branches of registered groups, only that branches notify local authorities of the national registration of their group.  The law prohibits registration of different groups with the same name in the same location.  There are 180 registered religious groups in addition to the BOC.

The law requires the government to provide funding for all registered religious groups, although there is no legal requirement on how to allocate the funds among the groups.  Registered groups have the right to perform religious services; own assets such as houses of worship and cemeteries; provide medical, social, and educational services; receive property tax exemptions; and participate in commercial ventures.

Unregistered religious groups may engage in religious practice, but they lack privileges granted to registered groups, such as access to government funding and the right to own property, establish financial accounts in their names, operate schools and hospitals, receive property tax exemptions, and sell religious merchandise.

The law restricts the wearing of face-covering garments in public places, imposing a fine of 200 levs ($120) for a first offense and 1,500 levs ($880) for repeat offenders.

The law allows registered groups to publish, import, and distribute religious media; unregistered groups may not do so.  The law does not restrict proselytizing by registered or unregistered groups.  Some municipal ordinances, however, restrict the activities of unregistered groups to include proselytizing and require local permits for distribution of religious literature in public places.

By law, public schools at all levels may, but are not required to, teach the historical, philosophical, and cultural aspects of religion and introduce students to the moral values of different religious groups as part of the core curriculum.  A school may teach any registered religion in a special course as part of the elective curriculum upon request of at least eight students, subject to the availability of books and teachers.  The Ministry of Education and Science approves and provides books for these special religion courses.  If a public school is unable to pay for a religion teacher, it may accept financial sponsorship from a private donor or a teacher from a registered denomination.  The law also allows registered religious groups to operate schools and universities, provided they meet government standards for secular education.

The Commission for Protection against Discrimination is an independent government body charged with preventing and protecting against discrimination, including religious discrimination, and ensuring equal opportunity.  It functions as a civil litigation court adjudicating discrimination complaints and does not charge for its services; its decisions may be appealed to administrative courts.  If the commission accepts a case, it assigns it to a panel and then reviews it in open session.  If it makes a finding of discrimination, the commission may impose a fine of 250-2,000 levs ($150-$1,200).  The commission may double fines for repeat violations.  Regional courts may also try civil cases involving religious discrimination.

The law establishes an independent ombudsman to serve as an advocate for citizens who believe public or municipal administrations or public service providers have violated their rights and freedoms, including those pertaining to religion, through their actions or inaction.  The ombudsman may request information from authorities, act as an intermediary in resolving disputes, make proposals for terminating existing practices, refer information to the prosecution service, and request the Constitutional Court to abolish legal provisions as unconstitutional.

The penal code provides up to three years’ imprisonment for forming “a political organization on religious grounds” or using a church or religion to spread propaganda against the authority of the state or its activities.  It prohibits the propagation or incitement of religious or other discrimination, violence, or hatred “by speech, press or other media, by electronic information systems or in another manner,” as well as religiously motivated assault or property damage.  Either offense is punishable by imprisonment for one to four years and a fine of 5,000-10,000 levs ($2,900-$5,900), as well as “public censure.”  Desecration of religious symbols or sites, including places of worship or graves, is punishable by up to three years’ imprisonment and a fine of 3,000-10,000 levs ($1,800-$5,900).

The law allows foreign members of religious denominations to obtain long-term residency permits.

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

Government Practices

On December 21, the National Assembly passed amendments to a 2002 religious denomination law that provide for increased government funding for the two largest religious groups, the BOC and the Muslim community, and require all religious groups to report to the government all places of worship they use.  The original version of the amendments, presented in the National Assembly in May and approved at first reading in October, imposed restrictions on foreign funding and foreign clergy activities.  They also prohibited preaching in a language other than Bulgarian, required denominations to prove they had at least 300 (subsequently increased to 3,000) members to obtain registration, and limited religious groups’ ability to open religious schools and conduct religious education.  All major religious groups in the country opposed the proposed amendments, stating they would restrict religious freedom under the guise of protecting national security and combating terrorism.  The religious groups also criticized the amendments as discriminatory toward smaller groups, stating they would violate the constitutional separation between religion and state and impose unprecedented government control on religious life.  In November and December, following protests by all major religious groups, the political parties in the National Assembly negotiated with their representatives and agreed on a revised version of the amendments, removing the discriminatory provisions by year’s end.

On March 30, the Plovdiv Appellate Court sentenced Ahmed Mussa to one year in prison for spreading Salafi Islam, which the prosecution characterized as an antidemocratic ideology, and for membership in an illegal radical organization.  The court levied fines on 11 other Muslims ranging between 1,500 and 2,000 levs ($880-$1,200).  The court found one individual not guilty.  In 2016 the Supreme Cassation Court had vacated the guilty verdict against Mussa and rescinded the fines against the 12 other Muslims, ordering the Plovdiv Appellate Court to retry the case.  By year’s end, Mussa continued to appeal the verdict in the Supreme Cassation Court.

A trial that began in 2016 of 14 Romani Muslims, including Ahmed Mussa, on charges of supporting ISIS, assisting foreign fighters, and propagating antidemocratic ideology and incitement to war continued at year’s end in the Pazardjik District Court.  Mussa remained free on bail, and the court released the other defendants on their own recognizance.

In April the High Muslim Council (HMC), representing Muslims in the country and led by Grand Mufti Mustafa Alish Hadji, issued a declaration protesting an interview in the online site Trafficnews.  In the interview, the prosecutor of the two cases involving Ahmed Mussa and others described Muslims as “an easy to manipulate … monolithic mass” and a threat to the country’s security.  The HMC accused the prosecutor of hate speech and called on authorities to take action against her.  The prosecutor said she had not given such an interview.  The prosecution service’s inspectorate concluded there had been no misconduct, and the Commission for Protection against Discrimination declined to open a case, citing lack of sufficient evidence.

The Ahmadiyya Muslim community remained unregistered despite the June 2017 European Commission on Human Rights ruling that the government had violated the European Convention on Human Rights by denying its registration application.  In September the Ahmadis filed a new registration application with the Sofia City Court; the application was pending at year’s end.

In April the Shumen Regional Court issued a four-month suspended sentence and a public censure to brothers Rosen and Atanas Yordanov, also known as Yuzeir and Ali Yuzeirov, for using “OTOMAN” as an acronym for a political party named “Unity for Tolerance, Responsibility, Moral, and Alternative Progress.”  The court found that the party’s constituent assembly on the day of Christian observance of Good Friday, its wearing of fez hats, using a crescent on the new party’s flag, and performing a namaz prayer during a wreath-laying ceremony at the monument of a Bulgarian war hero who fought in the Balkan War against the Ottomans constituted preaching religious hatred.

On December 21, the Smolyan Regional Court began hearing the case against Efrem Mollov, charged with propagating discrimination and religious hatred in his book, Is There Future for Great Bulgaria or Why Pomak History Remains Hidden.  According to the indictment, the book distorted history by glorifying Pomaks at the expense of all other Bulgarians.  Mollov did not appear in court, but his attorney pled guilty on his behalf and requested a fast-track trial, meaning the court has to sentence him below the minimum penalty (up to four years’ imprisonment or probation and a fine of 5,000-10,000 levs ($2,900-$5,900)).  The court, however, postponed the case because a fast-track trial requires the defendant’s presence.

Former Grand Mufti Nedim Gendjev continued to challenge the legitimacy of Hadji as grand mufti.  At year’s end, an appeal against Hadji’s election at a regular Muslim conference in 2016 remained pending in court.

The national budget allocated a total of five million levs ($2.93 million) for the construction and maintenance of religious facilities and related expenses, including 3.8 million levs ($2.23 million) for the BOC; 400,000 levs ($234,000) for the Muslim community; and 60,000 levs ($35,100) each for the Catholic Church, AAOC, and the Jewish community.  The budget distributed 100,000 levs ($58,600) among seven other registered denominations that had applied for funds to the Directorate for Religious Affairs.  The directorate stated its goal was to make sure denominations that had not received funds previously received funding if they applied.  The government’s budget also allocated 300,000 levs ($176,000) for the maintenance of religious facilities of national importance, 55,000 levs ($32,200) for the publication of religious books and research, and 15,000 levs ($8,800) to the National Council of Religious Communities.  The budget kept 150,000 levs ($87,900) in reserve.  Throughout the year, as was customary, the government allocated more than two million levs ($1.17 million) in targeted funding for restoration or construction of BOC facilities.

Minority religious groups reported dozens of municipalities, including the regional cities of Kyustendil, Pleven, Shumen, and Sliven, had ordinances prohibiting door-to-door proselytizing and the distribution of religious literature.  Many municipalities, including the regional cities of Razgrad, Varna, and Vratsa, restricted the activities of unregistered religious groups.

Jehovah’s Witnesses reported many municipalities continued to have ordinances restricting their religious activities, including ones preventing them from expressing their religious convictions in public and carrying out what the ordinances termed “religious agitation on city streets” by distributing free printed materials, and from visiting individuals at their homes, which was often characterized as “religious propaganda.”  They noted many of those municipalities did not enforce these ordinances, especially after the religious group started filing lawsuits.  They continued to cite instances in which police or local government officials fined, threatened, warned, or issued citations to individual Jehovah’s Witnesses for violating these ordinances.  On May 26, a police patrol approached two Jehovah’s Witnesses who were proselytizing in a Sofia neighborhood and told them engaging individuals in their homes was illegal, threatening to “take more serious measures” if they continued.  Jehovah’s Witness representatives stated, however, that such instances had decreased significantly since 2017.

There were continued instances of municipalities imposing fines on individual Jehovah’s Witnesses even though the city ordinances did not include restrictions on religious activities.  Courts generally annulled these fines when Jehovah’s Witnesses appealed them.  For example, on January 11, Varna municipal officials issued citations for unauthorized commercial activity to Jehovah’s Witnesses distributing religious literature, but the administrative court in Varna subsequently repealed them.

In February and July, the Supreme Administrative Court confirmed the lower courts’ decisions and ruled the Stara Zagora and Kyustendil municipalities’ ordinances restricting proselytizing had violated the country’s constitution, declaring the ordinances null and void.  Shumen Municipality’s appeal of a court ruling declaring provisions in its ordinance restricting proselytizing unconstitutional was pending at year’s end.

In March, the government secured funding and started a procedure for the restoration of the Makbul Ibrahim Pasa Mosque in Razgrad, a national cultural monument managed by the Ministry of Culture.  According to media publications, the government acted because of continued pleas by the regional mufti and requests for reciprocal maintenance of historic religious buildings by Turkey.

In May the Office of the Grand Mufti issued a protest declaration against the decision of the municipal council in Stara Zagora to replace more than 800 place names of Turkish and Arabic origin with Bulgarian names, stating that the “level of racism and intolerance regarding everything Muslim is critical.  It is an extremely dangerous process that could provoke a new line of division in society.”

Catholic community leaders continued to object to the Sofia municipality’s refusal to recognize the religious status of two monasteries there, treating them instead as residential buildings and imposing taxes that otherwise would be waived.  At year’s end, appeals were pending at the Sofia Administrative Court.

The Office of the Grand Mufti again reported there had been no progress by year’s end regarding its claim, lodged with the Sofia City Court, for succession to the properties of pre-1940s Muslim religious communities seized by the communist government.  Pending court review of who was the rightful successor to the confiscated properties, the government continued to suspend all restitution claims by the Office of the Grand Mufti.

According to the Catholic Church, authorities had returned approximately 50 percent of the properties for which it was seeking restitution since the restitution law entered into force in 1992; however, the government again did not restitute any additional properties during the year.

The United Evangelical Churches (UEC) – a group representing nine individual Protestant churches and three unions of Pentecostal, Baptist, and Congregational Churches – cited cases of small town mayors who pressured the chitalishta (local government-supported educational and cultural community centers) to refuse to rent their premises to Protestants for their religious activities because they were “sects.”  In April the mayor of the village of Erden told representatives of the Jehovah’s Witnesses that she prohibited them from preaching in the village because it was populated only by Orthodox Christians.  She reportedly threatened them with “more serious” measures if they persisted.  The UEC, however, reported satisfactory cooperation with local authorities in large cities such as Sofia and Plovdiv.

In April the Stara Zagora Administrative Court ordered the prison administration to pay 1,000 levs ($590) in damages to a Muslim prisoner in Stara Zagora Prison because of its failure to provide pork-free meals.

The government continued to permit religious headdresses in official photographs for national identity documents as long as both ears and one centimeter (0.4 inches) of hair were visible.

In October Jewish organizations Shalom and B’nai B’rith protested the Ministry of Defense’s initiative to award a medal to Dyanko Markov, a former member of the anti-Semitic organization Union of Bulgarian National Legions that supported the deportation of Jews during World War II.  In May Shalom described an exhibition on the role of King Boris III and the government of Bogdan Filov in the rescue of Jews during the Holocaust as a “provocation” and “distortion of history” because it attempted to “prove” the pro-Nazi government rescued the Bulgarian Jews.  Speaking to a television reporter at the opening of the exhibition, then Deputy Prime Minister Valeri Simeonov blamed the rescued Jews for subsequently executing their rescuers after becoming part of the communist government.  In April Shalom protested a statement by prosecutor Ivan Geshev, who joked during a media briefing that the World Jewish Congress was watching and would step in if prosecutors did not strictly apply the procedures prescribed by law.

According to Jehovah’s Witnesses, the National Front for the Salvation of Bulgaria and the Bulgarian National Movement (IMRO) parties, both members of the United Patriots coalition, did not actively continue their previous campaign against the religious group, which the Witnesses said was likely due to the absence of elections during the year.  At year’s end, two members of the Jehovah’s Witnesses continued to appeal the Burgas District Court decisions before the Supreme Cassation Court, which dismissed their claims against IMRO regional leader Georgi Drakaliev over his alleged instigation and participation in a 2011 attack on the Jehovah’s Witnesses kingdom hall in Burgas.

In May President Rumen Radev hosted a traditional presidential iftar attended by religious leaders representing the six religions on the National Council, politicians, academics, diplomats, and refugees.  At the iftar, Radev told the participants the event symbolized the “abiding tolerance of the Bulgarian people” and demonstrated the “will of the state to work for greater understanding and mutual respect.”  In April Minister of Foreign Affairs Ekaterina Zaharieva hosted a Passover dinner for local and regional members of the Jewish community, religious leaders, and diplomats from member countries of the International Holocaust Remembrance Alliance (IHRA).

On November 29, the country became the 32nd full member of the IHRA.  Deputy Foreign Minister Georg Georgiev served as the national coordinator for combating anti-Semitism.

A Holocaust education program continued to train 20-25 history teachers annually, based on a 2016 memorandum between the Ministry of Education and Israel’s Yad Vashem.  On September 12-14, Shalom hosted a workshop for 50 history teachers from Bulgaria and Macedonia on the Holocaust in the Balkans and the fight against anti-Semitism and hate speech.

Members of The Church of Jesus Christ of Latter-day Saints reported at least 13 instances of physical assault and harassment of missionaries, compared with 22 in 2017.  More than half of the incidents occurred in Ruse in the northeastern part of the country.  Other incidents took place in Burgas, Plovdiv, and Sofia.  Church representatives said police sometimes refused to accept incident reports from victims.  On September 19, Church representatives in Ruse reported a group of four young persons threatened two missionaries with a knife and tried to hit them with a motorcycle helmet.

The regional prosecutor’s office refused to press charges and terminated its investigation of two teenage girls who in June 2017 attacked Deputy Grand Mufti Biralli Mumun Biralli’s wife and two daughters.  After the attack, the HMC stated the attack was a consequence of negative anti-Muslim rhetoric by media and politicians, including in the national assembly.

Jehovah’s Witnesses reported that a man assaulted their members in the street in Nova Zagora on three occasions in June and July.  A police officer registered a complaint of the incidents and stated police would “visit the perpetrator.”

In May the Shumen District Court confirmed the three-year suspended prison sentence and the 15,129 lev ($8,900) fine imposed by a lower court on Nikolay N. for a 2016 assault on a member of the Jehovah’s Witnesses.  The court did not accept the victim’s request that the crime be considered religiously motivated, instead basing its ruling on the prosecution’s charges of hooliganism and xenophobia.

In February the Bulgarian National Union held a rally with more than 500 participants in downtown Sofia in honor of Hristo Lukov, leader of anti-Semitic and pro-Nazi organization Union of Bulgarian National Legions in the 1940s.  The Sofia municipality, the government, NGOs, international organizations, and diplomatic missions denounced the rally.  Sofia Mayor Yordanka Fandakova banned the march on the grounds it would disturb public order, but the Sofia Administrative Court revoked the ban and instructed the mayor to offer alternatives.  The Ministry of Foreign Affairs condemned the event in declarations issued both before and after the event, calling it a “shameful act” and a “demonstration of xenophobia, discrimination, and hatred.”  On February 14, the Citizens for the European Development of Bulgaria party condemned the march before a session of the National Assembly.  A few days before the rally, a conference titled “Sofia Says No to Hate Speech and Extremism” gathered government representatives, NGOs, academics, students, and diplomats to discuss what participants said was rising nationalism and increasing intolerance and anti-Semitism, to make a clear statement against extremism, and to explore possible avenues for engaging the public in promoting tolerance.

Anti-Semitic rhetoric continued to appear regularly on social networking sites and as comments in online media articles.  Anti-Semitic graffiti such as swastikas and offensive inscriptions appeared regularly in public places.  Shalom indicated that during the year, there were no violent acts of anti-Semitism but stated anti-Semitic attitudes increased, in part due to the presence of “far-right and ultranationalist” political parties in the government.  Souvenirs with Nazi insignias continued to be widely available in tourist areas around the country.  In May local authorities in Sliven removed a book on Hitler from a national festival of children’s books following a protest from the local Shalom branch.  Booksellers promoted the book, entitled The Man behind the Monster, during the festival.

Jehovah’s Witnesses reported negative characterizations in media continued to decline, but some local online media outlets continued to misrepresent regularly their activities and beliefs.  On May 18, online media site Struma described the Jehovah’s Witnesses as “a very dangerous sect…ensnaring people in order to make them commit suicide as a sacrifice to God.”  On April 2, the Supreme Administrative Court upheld the 2016 decision of the Commission for Protection against Discrimination that levied a 2,000 lev ($1,200) fine on SKAT TV and a 1,200 lev ($700) fine on two of its journalists for spreading false information and making comments that it ruled constituted discrimination against Jehovah’s Witnesses.

According to Jehovah’s Witnesses, Jewish community leaders, and the Office of the Grand Mufti, incidents of vandalism continued, such as painted swastikas, graffiti, and broken windows, in their respective places of worship.  For example, in July local individuals, subsequently arrested by police, desecrated 55 Muslim and 14 Christian graves in the village of Gradnitsa.  In May following the article in the Struma site, vandals broke the windows of the Jehovah’s Witnesses’ rented place of worship in Petrich, and the property owner subsequently decided to discontinue the rental lease agreement.  In January unidentified individuals wrote “Enemies of King Boris III” on a monument to the Jews who perished in July 1944 when the labor camp in which they had been held was set on fire.

In February Taner Veli, the regional Mufti of Plovdiv, hosted the fourth annual Tolerance Coffee event, commemorating a 2014 attack on the local Cumaya Mosque.  Representatives of the Christian and Jewish communities, local government officials, foreign diplomats, and representatives of civil society attended the event.

The National Council of Religious Communities, whose members include representatives of Bulgarian Orthodox, Armenian Orthodox, Muslim, evangelical Protestant, Catholic, and Jewish communities, continued its efforts to promote religious tolerance.  It served as a platform for the largest denominations to organize joint events and defend a common position on religious issues such as certain legislative proposals, anti-Semitic actions, and other acts of defacement.

Legal Framework

The constitution provides for equality of rights regardless of religion, as well as freedom of conscience and religious expression.  It prohibits incitement of religious hatred.  According to the constitution, religious communities shall be equal under the law and separate from the state; they are free to publicly conduct religious services as well as open and manage schools and charitable organizations under the protection and assistance of the state.

The Catholic Church receives state financial support and other benefits established by four concordats between the government and the Holy See.  These agreements provide for state financing for salaries and pensions of some religious officials associated with religious education through government-managed pension and health funds.  These agreements also stipulate state funding for religious education in public schools.

The law defines the legal position of religious communities and determines eligibility for government funding and tax benefits.  Registered religious communities are exempt from taxes on the purchase of real estate, the profit/capital gains tax, and taxes on donations.  According to the law, a religious community previously active as a legal entity before enactment of the current law need only submit its name, the location of its headquarters, information on the office of the person authorized to represent it, and the seal and stamp it uses to register.  To register as a religious community, a religious group without prior legal status must have at least 500 members and have been registered as an association, with at least three members for at least five years.  To register as a religious community, a group submits a list of its members and documentation outlining the group’s activities and bylaws and describing its mission to the Ministry of Administration.  Nonregistered religious groups may operate freely but do not receive tax benefits.  They may conduct financial transactions as legal entities.  A contractual agreement with the state, which grants a registered religious community eligibility for further funding and benefits, defines the community’s role and activities and provides for collaboration with the government in areas of joint interest, such as education, health, and culture.

There are 54 registered religious communities, including the Catholic Church, SOC, Bulgarian Orthodox Church, Christian Adventist Church, Church of Christ, Church of God, Croatian Old Catholic Church, Evangelical Church, Macedonian Orthodox Church, Pentecostal Church, Reformed Christian Church, Union of Baptist Churches, Seventh-day Adventist Reform Movement, The Church of Jesus Christ of Latter-day Saints, Union of Pentecostal Churches of Christ, Coordination of Jewish Communities in Croatia (an umbrella group of nine distinct Jewish communities), Jewish Community of Virovitica, Bet Israel (a Jewish group), and the Islamic Community of Croatia.  Besides the Catholic Church, 19 religious communities have agreements with the state.

The state recognizes marriages conducted by registered religious communities that have concluded agreements with the state, eliminating the need for civil registration.  Marriages conducted by registered communities that have not concluded agreements with the state, or by nonregistered religious groups, require civil registration.

Registered religious communities that have not concluded agreements with the state and nonregistered religious groups may not conduct religious education in public schools or access state funds in support of religious activities, including charitable work, counseling, building costs, and clergy salaries; however, they may engage in worship, proselytize, own property, and import religious literature.  Only registered religious communities, with or without agreements with the state, may provide spiritual counsel in prisons, hospitals, and the military.

Public schools must offer religious education, although students may opt out without providing specific grounds.  The Catholic catechism is the predominant religious text used.  Other religious communities that have agreements with the state may also offer religious education classes in schools if there are seven or more students of that faith.  Eligible religious communities provide the instructors and the state pays their salaries.  Private religious schools are eligible for state assistance and follow a national curriculum.  Registered religious communities may have their own schools.  Unregistered religious groups may not have their own schools.

Education about the Holocaust is mandatory in the seventh and eighth grades of elementary school and during four years of high school education.

The law does not unequivocally allow foreign citizens whose property was confiscated during and after the Holocaust era to seek compensation or restitution.  According to law, an applicant’s country must have a bilateral restitution treaty with Croatia, but no such bilateral treaties currently exist.  Two court cases have held such treaties are not required; however, the law has not changed.  The law does not allow new property claims, because the deadline expired in 2003.

The ombudsperson is a commissioner of the parliament responsible for the promotion and protection of human rights and freedoms, including religious freedom.  The ombudsperson examines citizens’ complaints pertaining to the work of state bodies; local and regional self-government; and legal persons vested with public authority.  The ombudsperson may issue recommendations to government agencies regarding human rights and religious freedom practices but does not have authority to enforce compliance with his or her recommendations.

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

Government Practices

According to the Office of the Commission for Relations with Religious Communities, the government budgeted 288.2 million kuna ($45.67 million) during the year for the Catholic Church for salaries, pensions, and other purposes, compared with 299.5 million kuna ($47.46 million) in 2017.  The government offered funding to other religious communities that had concluded agreements with the state, a portion of which was based on their size, in addition to funds provided to support religious education in public schools, as well as the operation of private religious schools.  The government provided 21.4 million kuna ($3.39 million) to these groups.

Some minority groups said the Catholic Church continued to enjoy a special status in relation to other religious communities, in part because of its concordats with the government and in part because of its cultural and political influence as the majority religion.

Atheist, Jewish, and Serbian Orthodox organizations said that although the law allows students to opt out of religious education, in practice most public schools did not offer viable alternatives to Catholic catechism.  They also said public schools did not take adequate steps to prevent bullying of nonparticipating children.  The press covered several specific instances of such bullying during the year.  Atheist groups said Catholic symbols remained prevalent in government buildings such as courtrooms, prisons, and public hospitals.  They said they believed this practice was inconsistent with the constitution, which states religious communities shall be separate from the state.  The courts have not ruled on this question to date.

NGOs and international organizations reported incidents of border police using religious epithets in interactions with migrants and subjecting migrants to situations that conflicted with their religious values.  For example, one NGO said border police conducted a strip search of a Muslim woman in the presence of Muslim men.  Ministry of Interior authorities denied all such reports.

The ombudsperson reported continued obstacles encountered by Jehovah’s Witnesses regarding their right to health care in accordance with their religious beliefs.  During the year, the ombudsperson stated that in 2017, the latest year for which figures were available, there were 24 cases in which state healthcare institutions denied surgery to Jehovah’s Witnesses who refused blood transfusions because of their religious beliefs.  Of the 24 cases, 15 patients eventually received adequate medical care in private hospitals in the country.  The Jehovah’s Witnesses community reported again having to use its own finances to send patients to different hospitals for procedures, including hospitals outside of the country.  The ombudsperson’s report on 2017 recommended the Ministry of Health and the Ministry of Labor and Pension System improve hospital procedures and policies to provide adequate health care to patients in accordance with their religious beliefs.

The ombudsperson’s 2017 report said Jews faced frequent online hate speech, threats, and accusations, e.g., that Jews undermined Croatian society, democracy, and financial institutions; Jews should leave the country; and the extermination of the Jewish people during WWII should have been completed.  Jewish groups said the government did not take adequate steps to prevent or punish such speech.

Following a September meeting with Prime Minister Andrej Plenkovic, Mufti Aziz Hasanovic, leader of the Islamic Community of Croatia, publicly described cooperation between his community and the government as excellent and a positive example for other countries in Europe.  Hasanovic cited as an example his cooperation with the government to provide religious and cultural instruction to soldiers before they deployed to Muslim countries, particularly Afghanistan.  The mufti accompanied President Kolinda Grabar-Kitarovic on state visits to majority-Muslim countries.

Following an April meeting with Prime Minister Plenkovic, Metropolitan Porfirije Peric, leader of the SOC, publicly stated he was satisfied with the legal status of the Church.

On April 22, the government held its official annual commemoration of victims killed by the WWII-era Ustasha regime at Jasenovac concentration camp.  The Jewish community, along with the Serb National Council and the Alliance of Anti-Fascist Fighters, boycotted the official commemoration for the third year in a row, instead holding their own commemorations.  Members of Jewish groups said the boycott was necessary to condemn what they said was the government’s lack of response to Holocaust revisionism and failure to address Holocaust-era property restitution.  Observers said the government made no significant progress on such issues during the year.

Representatives of the SOC reported the government resolved three outstanding property restitution cases related to the breakup of the former Yugoslavia, although several others remained unresolved.

On the same day the government commemorated victims of Jasenovac, and again on May 6, police prevented members of the extra-parliamentary Autonomous Croatian Party of Rights (A-HSP), described widely in both media reports and academic analyses as far right, from entering Jasenovac Concentration Camp Memorial Site to hold a meeting.  Prior to both attempts, A-HSP President Drazen Keleminec sent the media an online invitation that included the WWII-era Ustasha salute “Za Dom Spremni” (“For the Homeland Ready”).

In June Jasenovac Memorial Site released a statement criticizing state-owned television (HRT) for airing an interview with Igor Vukic, author of a book published during the year minimizing the crimes committed at Jasenovac during the Holocaust.  The officials said taxpayer-funded state-owned television should not be a platform for what they termed Holocaust revisionism.

Jewish community leaders said some government officials made statements downplaying the country’s role in the Holocaust.  For example, they highlighted as problematic President Grabar-Kitarovic’s March statement in Buenos Aires that, “After World War II, many Croats found a space of freedom in Argentina where they could testify to their patriotism,” saying that some Croats who settled there after the war were Ustasha fleeing prosecution for war crimes.

On February 28, a special government-appointed council tasked with examining the use of totalitarian symbols made a nonbinding recommendation to legalize limited use of such symbols for commemorative or ceremonial purposes.  Many civil society organizations criticized this recommendation, believing it would allow for continued use of symbols from the country’s WWII-era Ustasha regime by some veterans groups and nationalist political organizations who minimize the country’s role in the Holocaust.

The Office of the President continued to maintain a special advisor for Holocaust issues, who was involved in developing and implementing religious freedom projects, including a film festival on religious tolerance and a competition to choose an architect for a new Holocaust memorial in downtown Zagreb.

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

In May the Council of Europe released a report saying religious intolerance, including pro-Ustasha graffiti and online speech, were on the rise in the country.  Minority religious communities reported occasional instances of verbal harassment and physical assault, including of religious workers.  One NGO said that in Zagreb in September, volunteers in the process of removing graffitied swastikas from a building were beaten by unknown assailants and hospitalized, one with severe injuries.  Although police initiated an investigation, the volunteers ultimately declined to press charges, stating concern for potential social repercussions.

SOC representatives reported fewer incidents of targeted crime compared with the previous year.  For example, they reported to police two burglaries (compared with 10 in 2017) of SOC religious properties.  SOC representatives reported frequent verbal attacks on Metropolitan Peric in public spaces in Zagreb; however, they said Peric did not file police reports.

Legal Framework

The constitution prohibits religious discrimination and protects the right of individuals to profess their faith and to worship, teach, and practice or observe their religion, individually or collectively, in private or in public, subject to limitations due to considerations of national security or public health, safety, order, and morals, or the protection of civil liberties.  The constitution specifies all religions whose doctrines or rites are not secret are free and equal before the law.  It protects the right to change one’s religion and prohibits the use of physical or moral compulsion to make a person change, or prevent a person from changing, his or her religion.  The ombudsman is an independent state institution responsible for protecting citizens’ rights and human rights in general.  The ombudsman has the power to investigate complaints made against any public service or official for actions that violate human rights, including freedom of religion, or contravene the laws or rules of proper administration.  The ombudsman makes recommendations to correct wrongdoings but cannot enforce them.

The constitution grants the Autocephalous Greek Orthodox Church of Cyprus (Church of Cyprus) the exclusive right to regulate and administer the Church’s internal affairs and property in accordance with its canons and charter.  By law, the Church of Cyprus pays taxes only on commercial activities.

The constitution sets guidelines for the Vakf, which is tax exempt and has the exclusive right to regulate and administer its internal affairs and property in accordance with its laws and principles.  According to the constitution, no legislative, executive, or other act may contravene or interfere with the Church of Cyprus or the Vakf.  The Vakf, which acts as caretaker of religious properties in the Turkish Cypriot community, operates only in the area administered by Turkish Cypriots.  The government administers and provides financial support to mosques in government-controlled areas.

Besides the Church of Cyprus and Islam, the constitution recognizes three other religious groups:  Maronite Catholics, Armenian Orthodox, and Latins (Roman Catholics).  Their institutions are tax exempt and eligible for government subsidies for cultural and educational matters, including to cover costs to operate their own schools, for school fees of group members attending private schools, and for activities to preserve their cultural identity.

Religious groups not recognized in the constitution must register with the government as nonprofit organizations in order to engage in financial transactions and maintain bank accounts.  To register, a religious group must submit through an attorney an application to the Registrar of Companies under the Ministry of Energy, Commerce, Industry, and Tourism, stating its purpose and providing the names of its directors.  Religious groups registered as nonprofit organizations are treated the same as other nonprofit organizations; they are tax exempt, must provide annual reports to the government, and are not eligible for government subsidies.

The law requires animals to be stunned before slaughter.

The government requires Greek Orthodox religious instruction and attendance at religious services before major holidays in public primary and secondary schools.  The MOE may excuse primary school students of other religious groups from attending religious services and instruction at the request of their guardians, but Greek Orthodox children in primary school may not opt out.  The MOE may excuse secondary school students from religious instruction on grounds of religion or conscience, and may excuse them from attending religious services on any grounds at the request of their guardians, or at their own request if over the age of 16.

Conscientious objectors on religious grounds are exempt from active military duty and from reservist service in the National Guard but must complete alternative service.  The two options available for conscientious objectors are unarmed military service, which is a maximum of four months longer than the normal 14-month service, or social service, which is a maximum of eight months longer than normal service but requires fewer hours of work per day.  The penalty for refusing military or alternative service is up to three years’ imprisonment, a fine of up to 6,000 euros ($6,900), or both.  Those who refuse both military and alternative service, even if objecting on religious grounds, are considered to have committed an offense involving dishonesty or moral turpitude and are disqualified from holding elected public office and ineligible for permits to provide private security services.

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

Government Practices

Muslim community leaders stated the government continued to allow the community access for religious services to only six of 19 mosques located on cultural heritage sites, as well as to two other mosques not located on such sites.  Of the eight functioning mosques, seven were available for all five daily prayers, and six had the necessary facilities for ablutions.  The government again failed to respond to the Muslim community’s long-standing request for permission to make improvements at the functioning mosques, and there was no change from previous years in either the number of open mosques or the number of ablution and bathroom facilities available at those mosques.  Bayraktar and Dhali Mosques had no ablution facilities and no bathrooms, and the government again removed temporary bathrooms installed during Ramadan at Dhali Mosque.  Although the government approved architectural plans for ablution and bathroom facilities at Dhali Mosque in 2016, construction had still not begun by year’s end.  The Ministry of Interior (MOI) stated the local imam did not approve the plans and instead requested that ablution facilitates be built at his nearby house.  A survey found structural problems in the house that prevented construction, and the MOI continued to evaluate alternatives at year’s end.  The Ministry of Communications and Works’ Department of Antiquities reported it provided bathroom facilities at a distance of approximately 330 feet from Bayraktar Mosque.  Authorities said the mosque was part of the medieval Venetian wall of the city, making it impossible to install sewage pipes.

Authorities closed Kato Paphos Mosque, which was the only functioning mosque in the city of Paphos and served approximately 1,500 Muslims, from October 2017 to May due to a construction project to upgrade the surrounding area.  According to the ombudsman, the Department of Antiquities rejected the local Muslim community’s request to use the nearby Grand Mosque as an alternative because it lacked hygiene facilities and because of scheduled restoration works.  After examining a complaint submitted by the executive coordinator of the RTCYPP, the ombudsman on May 11 called on the minister of interior, the mayor of Paphos, and the director of the Department of Antiquities to take immediate action to provide a suitable place of worship.  Authorities reopened the mosque on May 15 to allow the community to use the mosque for Ramadan, and it remained open during the rest of the year.

The only one of the eight functioning mosques not open for all five daily prayers was Hala Sultan Tekke Mosque, the most important Islamic religious site in the country.  The Department of Antiquities continued to keep it open during standard museum hours only, limiting access to the mosque to two of the five daily prayer times.  The mosque’s imam had to ask permission of the MOI and Department of Antiquities to keep the mosque open after 5 p.m. in the autumn/winter months and after 7:30 p.m. in the spring/summer months; the imam said the authorities routinely granted permission.

The government continued to waive visa requirements for the movement of non-Turkish Cypriot pilgrims south across the “green line” to visit Hala Sultan Tekke to conduct prayers and services on special occasions.  To cross the “green line” without identification checks to visit religious sites, Turkish Cypriots and foreign nationals residing in the area administered by Turkish Cypriots were required to submit requests to UNFICYP, which then facilitated the approval process with the government.  On June 20, 884 pilgrims crossed into the government-controlled area for a pilgrimage to Hala Sultan Tekke on Eid al-Fitr.  On August 28, police escorted approximately 300 Turkish Cypriots, Turks, and other foreign nationals to Hala Sultan Tekke for prayers on Eid al-Adha.  On November 20, 655 pilgrims crossed into the government-controlled area to attend prayers at Hala Sultan Tekke on Mawlid al-Nabi.

On June 11, in response to a request facilitated by the RTCYPP, the government allowed Mufti of Cyprus Atalay to attend an iftar with the Muslim community at Kato Paphos Mosque.  It marked the first time in more than four decades the mufti visited and prayed with the Muslim community of Paphos during Ramadan.

A representative of the Buddhist community reported it no longer encountered difficulties operating a place of worship in an apartment in Nicosia.  A 2015 criminal case against a Buddhist priest for unlicensed alterations and additions to a building in Pera that the community had previously used as a temple was resolved during the year; the priest complied with the building regulations and in June paid three fines of 250 euros ($290) each.  A Buddhist community representative said two of the fines were for unlicensed alterations to the building made by the previous owner, a Cypriot national, who was never prosecuted.

Representatives of the Jewish community reported authorities continued to perform autopsies on deceased members of the community for deaths that were not suspicious, a practice they said violated Jewish religious beliefs.  They stated that, despite raising the issue repeatedly with the relevant government authorities, the issue remained unresolved.  Jewish representatives also said local Department of Veterinary Services officials initially prevented them from performing religious animal slaughter, despite granting exemptions from the requirement to stun animals before slaughter in previous years.  A Department of Veterinary Services official said the department no longer granted exemptions for religious slaughter.  A Jewish community representative said, after engaging local government officials, the officials ultimately allowed the community to perform the slaughter without prior stunning.  The Muslim community said it had not encountered problems in carrying out ritual slaughter.

Jewish representatives said the government had not responded to their long-standing request to grant the Chief Rabbinate of Cyprus the right to officiate documents such as marriage, death, and divorce certificates.

A Jehovah’s Witnesses representative said the community was not allowed to bury its dead in municipal cemeteries, which were often managed by local Greek Orthodox churches.  The representative also said local police fined some of its members for “peddling without a license” for distributing free pamphlets in Ayia Napa.  He said the community had been unsuccessful in resolving the issue with municipal authorities, and that he had written letters to the minister of interior, the chief of police, Ayia Napa municipality, and the ombudsman about the incidents.  The MOI responded in December that, provided there was space available, municipalities were legally bound to provide burial space in municipal cemeteries regardless of the deceased person’s religion.  The chief of police replied the Ayia Napa incidents were under the purview of municipal police, and Ayia Napa municipality had not responded by year’s end.  The ombudsman was examining the case at year’s end.

The Cyprus Humanists Association stated the MOE and public schools took actions that discriminated against atheist students.  In January the MOE posted a presentation on its official website advising rejection of atheism and describing atheists as materialistic and immoral.  By April the MOE had removed the presentation from its website.  The Cyprus Humanists Association also reported in December 2017 that a public primary school invited Greek Orthodox priests to hear confessions of students during school time.  The association submitted a complaint to the ombudsman about the incidents, but there was no information available as to whether the ombudsman had examined the complaint.

The military continued to require recruits to take part in a common prayer led by Church of Cyprus clergy during swearing-in ceremonies.  Recruits of other faiths, atheists, and those who did not wish to take the oath for reasons of conscience could refrain from raising their hand during the ceremony.  They instead recited a pledge of allegiance at a separate gathering.

Because religion and ethnicity are often closely linked, it was difficult to categorize many incidents as being solely based on religious identity.

Caritas reported three 10-year-old students in Paphos pushed a Muslim student of the same age off a veranda in January, resulting in injuries that required multiple hospital visits for treatment.  The victim’s mother filed a complaint with the local MOE office, which did not take any action.  The victim’s mother did not file a complaint with police.  According to Caritas, in December the Cypriot father of another student threatened the 14-year-old sister of the first victim and pushed her to the ground while on the school grounds.  The school manager refused to file a police complaint, saying the alleged perpetrator was dangerous, and advised the victim’s mother against filing a police report to avoid creating problems.  The victim’s mother reported the attack to police, who reportedly had not taken action by year’s end.  Caritas also said students discriminated against Muslim students, teasing and excluding girls who wore hijabs, calling them names, and pressuring them to eat pork.

Representatives of the Jewish community reported instances of anti-Semitic threats and harassment.  The Jewish community said that, on three occasions in August and October, Muslim men verbally abused members of the Jewish community in Larnaca with anti-Semitic slurs and death threats.  The victims had not filed complaints with police at year’s end.  The Jewish community also cited an incident in which an elementary school student, whose father is Palestinian, verbally harassed a Jewish student with anti-Semitic language in May.  The school principal reportedly spoke with the student, who apologized.

Members of minority religious groups continued to report societal pressures to participate in public religious ceremonies.  For example, children of various religious minorities said they faced social pressure to attend religious ceremonies at school.

Some Greek Orthodox adherents who converted to other faiths, including Islam, reportedly continued to hide their conversion from family and friends due to fear of social ostracism.

During the year the Technical Committee on Cultural Heritage (TCCH), one of the bicommunal working groups set up as part of the UN-facilitated settlement negotiations process, completed the restoration of Camii-Kebir Mosque in Paphos.  The project was scheduled to be inaugurated in early 2019.  The TCCH restored religious sites for purposes of cultural preservation, and restored sites were not necessarily available for use by religious groups.  In November 2017, the TCCH completed the restoration of the mosques of Ayios Nicolaos (Aynikola) and Ayios Yiannis (Ayianni) in Paphos district.  Neither building functioned as an active mosque after the restoration.

The leaders of the main religious groups on the island continued to meet regularly and visit places of worship on both sides of the buffer zone.  On June 19, the RTCYPP released a joint video statement featuring the country’s main religious leaders appealing for inclusion, understanding, and support for refugees and asylum seekers to mark World Refugee Day.  A joint project of religious leaders through the RTCYPP offering Greek and Turkish language classes for members of the Greek Orthodox, Muslim, Armenian Orthodox, Maronite, and Latin Catholic communities continued; participants included priests, imams, nuns, and laypersons who worked for faith-based organizations.

Legal Framework

The constitution does not explicitly address religious freedom, but the Charter of Fundamental Rights and Freedoms, a supplementary constitutional document, guarantees freedom of religious conviction and the fundamental rights of all regardless of their faith or religion.  It states every individual has the right to change religion or faith; to abstain from religious belief; and to freely practice religion, alone or in community, in private or public, “through worship, teaching, practice, observance.”  The charter defines religious societies, recognizing their freedom to profess their faith publicly or privately and to govern their own affairs, independent of the state.  It stipulates conscientious objectors may not be compelled to perform military service and that conditions for religious instruction at state schools shall be set by law.  The charter states religious freedom may be limited by law in the event of threats to “public safety and order, health and morals, or the rights and freedoms of others.”

The law states the MOC Department of Churches is responsible for religious affairs.  While religious groups are not required by law to register with the government and are free to perform religious activities without registering, they have the option to register with the MOC.  The law establishes a two-tiered system of registration for religious groups.  The MOC reviews applications for first- and second-tier registration with input from other government bodies, such as the Office for Protection of Private Data and outside experts on religious affairs.  The law does not establish a deadline for the MOC to decide on a registration application.  Applicants denied registration can appeal to the MOC to reconsider its decision and, if again denied, to the courts.

To qualify for the first (lower) tier, a religious group must present the signatures of at least 300 adult members permanently residing in the country, a founding document listing the basic tenets of the faith, and a clearly defined structure of fiduciary responsibilities.  First-tier registration confers limited tax benefits, including exemptions from a tax on the interest earned on current account deposits and taxes on donations and members’ contributions, and establishes annual reporting requirements on activities, balance sheets, and use of funds.

For second-tier registration, a group must have been registered with the Department of Churches for 10 years, have published annual reports throughout the time of its registration, and have membership equal to at least 0.1 percent of the population, or approximately 10,700 persons.  The group must provide this number of signatures as proof.  Second-tier registration entitles religious groups to government subsidies.  In addition, only clergy of registered second-tier religious groups may perform officially recognized marriage ceremonies and serve as chaplains in the military and at prisons.  Prisoners who belong to unregistered religious groups or groups with first-tier status may receive visits from their own clergy, outside of the prison chaplaincy system.

Religious groups registered prior to 2002 have automatic second-tier status without having to fulfill the requirements for second-tier registration.

There are 40 state-registered religious groups; 18 groups are first tier and 22 are second tier.

Unregistered religious groups are free to assemble and worship but may not legally own property.  Unregistered groups may form civic associations to manage their property.

The law authorizes the government to return to 17 religious groups (including the Roman Catholic Church, FJC, the Evangelical Church of Czech Brethren, and the Hussite Church) land and other property confiscated during the communist era and still in the government’s possession, the total value of which is estimated to be approximately 75 billion koruna ($3.42 billion).  It also sets aside 59 billion koruna ($2.69 billion) for financial compensation for property that cannot be returned, to be paid to these 17 groups over a period of 30 years, ending in 2043, according to a fixed timetable.  Using a mechanism prescribed by law based on an agreement among the religious groups concerned, the government allocates slightly more than 79 percent of the financial compensation to the Catholic Church.  Religious groups had a one-year window, which ended in 2013, to make restitution claims for confiscated land and other property, which the government is processing.  If the government rejects a property claim, the claimant may appeal the decision in the courts.  The law also contains provisions for phasing out direct state subsidies to second-tier religious groups over a 17-year period, ending in 2029.

The law permits second-tier registered religious groups to apply through the MOC to teach religion in state schools; 11 of the 22 second-tier groups have applied and received permission.  The teachers are supplied by the religious groups and paid by the state.  If a state school does not have enough funds to pay for its religious education teachers, teachers are paid by parishes or dioceses.  Although the law makes religious instruction in public schools optional, school directors must provide instruction in the beliefs of one of the 11 approved religious groups if seven or more students register for the optional class at the beginning of the school year, in which case the school provides the religious instruction only to the students who registered.

The government does not regulate instruction in private schools.

The penal code outlaws denial of Nazi, communist, or other genocide, providing for prison sentences of six months to three years for public denial, questioning, approval of, or attempts to justify the genocide committed by the Nazis.  The law also prohibits the incitement of hatred based on religion and provides for penalties of up to three years’ imprisonment.

Foreign religious workers from European Economic Area countries or Switzerland must obtain long-term residence and work permits to remain in the country for more than 90 days.  There is no special visa category for religious workers; foreign missionaries and clergy are required to meet the conditions for a standard work permit.

The law designates January 27 as Holocaust Remembrance Day.

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

Government Practices

In June the MOC registered two religious groups – the Priestly Fraternity of St. Pius X and Theravada Buddhism – both of which had applied in 2016.  Registration applications by the Community of Baptist Congregations, which applied in January, and Ecclesia Risorum, which applied in March, remained pending at year’s end.

In March the Municipal Court in Prague, ruling on an appeal by the Cannabis Church, overturned the MOC’s December 2016 decision to halt that group’s registration application.  The court ordered the MOC to reopen the registration procedure.  The MOC asked the Cannabis Church to supplement the registration application with additional information.  The Cannabis Church’s application remained pending at year’s end.  An appeal filed in 2017 with the Municipal Court in Prague by the Lions of the Round Table – Order of the Lands of the Czech Crown, whose registration application the MOC rejected in 2016, remained pending at year’s end.  In January the Municipal Court confirmed with the PGJ its wish to continue its legal appeal against the MOC, which twice rejected the group’s application in 2017.  PGJ’s lawsuit against the government’s Office for Personal Data Protection, alleging an interrogative and abusive investigation of the PGJ’s registration application in 2017, remained pending at year’s end.

According to local news media, on October 11, the High Court in Olomouc upheld the January conviction in absentia by the Regional Court in Zlin of PGJ leader Jaroslav Dobes and PGJ member Barbora Plaskova on one count of rape and sentenced them to prison terms of five and five and a half years, respectively, and ordered them to pay the victim 60,000 koruna ($2,700).  The high court voided convictions by the Zlin Regional Court of Dobes and Plaskova on seven other counts of rape and remanded the cases back to the Zlin court for retrial.  In January the Zlin Regional Court had sentenced Dobes and Plaskova to seven and a half years in prison each after convicting them in absentia on eight counts of rape involving six women.  Defense lawyers had appealed the verdict to the High Court in Olomouc.  On December 21, according to PGJ representatives, the Zlin Regional Court dismissed the remaining seven charges of rape against Dobes and Plaskova and halted all criminal proceedings.  Dobes and Plaskova reportedly remained in immigration detention in the Philippines.

The government provided 17 second-tier religious groups with approximately 3.3 billion koruna ($150.4 million), 1.2 billion koruna ($54.69 million) as a subsidy and 2.1 billion koruna ($95.71 million) as compensation for communal property in private and state hands that would not be returned.  Five of the 22 second-tier groups declined all state funding.  While accepting the state subsidy, the Baptist Union opted not to accept the compensation for unreturned property.  The MOC provided 2.8 million koruna ($128,000) in grants for religiously oriented cultural activities in response to applications from a variety of religious groups.

Throughout the year, the Communist Party (a supporter of the coalition government but not an official coalition member and holding no ministries) supported legislation (which it introduced in 2017) to tax the remaining portion of financial compensation for property that could not be returned, estimated at approximately 46 billion koruna ($2.1 billion).  The draft legislation, which some parliamentarians said they opposed, was scheduled to be voted on in 2019.

The government reported that, between January and September 2017, the most recent period for which data were available, it settled 446 claims with religious groups for agricultural property and 192 claims for nonagricultural property.  (An earlier government report had incorrectly cited a higher number of settled claims for agricultural and nonagricultural property in the first three months of 2017.)  At the end of this period, 66 agricultural and 89 nonagricultural property claims had not been adjudicated, and 1,318 lawsuits filed by religious groups in the courts to appeal government restitution decisions were pending.

In August the Supreme Court upheld the 2017 ruling by the South Moravian Regional Court in Brno that overturned a decision by the Brno Municipal Court earlier that year holding that the Brno Jewish Community (BJC) had legal title to a property in possession of the Ministry of Labor and Social Affairs.  The Supreme Court and the South Moravian Regional Court both held the property belonged to the ministry.  The BJC had filed its claim in 2013 based on church restitution legislation, and the ministry had rejected the claim in 2014.

The city of Prostejov continued to oppose the restoration of a former Jewish cemetery by the Kolel Damesek Eliezer Foundation, a U.S. charity, and the FJC.  The cemetery, which along with its remaining tombstones the MOC designated as a cultural monument, was destroyed by the Nazis and later converted into a park.  Vladimir Spidla, who was an adviser to former Prime Minister Bohuslav Sobotka, continued to mediate the dispute.

In July a district court in Prague convicted former SPD Party Secretary Jaroslav Stanik of hate speech after he stated publicly in November 2017 that Jews, Roma, and homosexuals should be shot right after birth.  The court issued a criminal order allowing for a suspended sentence up to one year or a fine if the defendant did not appeal it.  Stanik appealed the criminal order.  The Prague 1 District Court indefinitely postponed an appeals hearing scheduled for September for reasons of Stanik’s health.

In October President Zeman bestowed the Medal for Merits to the director of a state nursing school in Prague for “fighting intolerant ideology,” widely seen as a reference to Islam, after she barred a Somali student from wearing a hijab at school.

During municipal and senate elections in October, the SPD Party and its leader Tomio Okamura ran on an anti-Islam platform, posting notices on billboards reading “No to Islam, No to Terrorists.”  The party did not win any senate seats and attained 155 out of 61,892 seats in municipal assemblies.

In February the government granted asylum to eight Chinese Christians and rejected asylum applications of 70 others.  The Chinese Christian applicants had all applied in 2016 on the grounds of religious persecution in China.  Fourteen other applicants withdrew their applications before the government announced its decisions.  The 70 applicants whom the government rejected remained in the country at year’s end while they appealed their cases.

In April then-Deputy Chairman (later Chairman) of the Senate Jaroslav Kubera again sponsored and participated in an annual march and concert against anti-Semitism.  The march opened the government-funded 15th annual Culture against Anti-Semitism Festival.  Festival-goers signed a petition against anti-Semitism initiated by Senator Daniela Filipiova.  Approximately 600 people attended the event.

The government funded religiously oriented cultural activities, including the Night of Churches held in several cities, the annual National Pilgrimage of St. Wenceslaus, KRISTFEST (a festival of seminars, workshops, and musical performances on religious themes), the Concert in Memory of Holocaust Victims, the annual Hussite Festival (commemorating the religious teaching of reformation leader Jan Hus), and the Romani Pilgrimage, organized by the Catholic Diocese of Olomouc.

The MOI said it continued to cooperate with the Jewish community on protection of Jewish sites in Prague and across the country, but did not provide details.

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

According to NGO In IUSTITIA, there were reports of 17 religiously motivated hate crimes during the year, 13 against Muslims and four against Jews, compared with 34 such cases in 2017.  In IUSTITIA did not provide details of the incidents.

In 2017, the most recent year for which data are available, the MOI reported 27 criminal offenses with anti-Semitic motives, compared with 28 cases in 2016.  The MOI reported three crimes with anti-Muslim motives in 2017, compared with seven in 2016.  The MOI did not provide details of the incidents.

In March press reported police had arrested a 70-year-old man who in 2017 caused two trains to derail near Mlada Boleslav, approximately 40 miles north of Prague, and left Arabic messages at the scene in what authorities described as an attempt to provoke a reaction against Muslims.  According to state attorney Marek Bodlak, the man left leaflets “containing linguistically garbled threatening texts to evoke that they were written by a jihadist.”  Bodlak told newspaper Lidove noviny, “The accused is a native Czech citizen, motivated by the effort to raise concerns among the population about the Muslim migration wave and the commission of terrorist attacks.”  The man’s trial was pending at year’s end.

According to a July survey of more than 800 persons by the Median polling agency, 35 percent said they did not mind interacting with Muslims in public places, but 80 percent did not want them as neighbors or want a mosque in their neighborhood, and 81 percent said they would be bothered if their child had a relationship with a Muslim.  Citizens with less education and over the age of 45 were more likely to cite fear of Muslims.  Respondents with greater interactions with Muslims reported more positive attitudes towards them.

In March the Municipal Theatre in Zlin received an anonymous anti-Semitic letter after it presented a play based on local developments following the efforts to restore the former Jewish cemetery in the nearby city of Prostejov.  The letter stated, “The Jews are unwanted immigrants who have the obligation to immediately disappear abroad or in gas.”  Police were investigating the case at year’s end.

The MOI reported 18 private “white power” music concerts took place in the country, where participants expressed anti-Semitic and neo-Nazi views.  The MOI estimated approximately 50 to 100 persons attended a typical “white power” concert.

According to press reports, at a soccer match on November 4 between the Sparta Prague and Slavia Prague clubs, fans of the former shouted anti-Semitic taunts at Slavia, including “Jude Slavia,” alluding to the club’s supposed Jewish links.  An interior ministry spokesperson said the chant was not motivated by “hatred towards a group of people for their alleged or actual race, ethnic group…” and that the football association should address the issue.  Pavel Stingl, a documentary filmmaker, organized an exhibition, titled “Football:  A Century of Fouls,” examining the sport’s relationship with fascism when the country was under Nazi occupation and highlighting the involvement of Jews in soccer’s development in the country.  Stingl said he was motivated by the failure of government and soccer officials to address the problem of anti-Semitism among fans and because Sparta fans had posted anti-Semitic and neo-Nazi messages on social media.

Anti-Muslim rhetoric on the internet increased, according to the MOI.  Discussions on social networks or in the comments sections under news articles featured anti-Muslim hate speech.  For example, a discussion under an online series of articles on the Muslim community in the country published by mainstream newspaper Mlada Fronta Dnes included anti-Islamic posts, including one stating that “Islam is a cancer on democracy.”  In contrast to the previous year, there were no reports of demonstrations protesting against Islam or the acceptance of refugees from Muslim countries.

In May the state prosecutor’s office in Ceske Budejovice halted the prosecution of Martin Konvicka, leader of the Block Against Islamization Party (BPI), whom it had charged in 2016 with incitement of hatred and suppression of rights and freedoms.  The prosecutor’s office dropped the charges due to a failure to secure evidence in a timely fashion from the online social network in which it alleged Konvicka posted statements calling for the creation of concentration camps for Muslims and their physical annihilation.  The BPI held no seats in parliament.

In January the Supreme Court upheld the verdict of a regional court in Jihlava that sentenced well-known anti-Semitic blogger Adam Bartos to a conditional sentence of one year in prison with two years of probation (meaning he would serve the prison sentence if found guilty of another crime during the two-year probation period) for incitement to hatred and defamation in March 2017.  The verdict concerned a note Bartos wrote in 2015 supporting an 1899 Jewish blood libel trial.  In June the Prague 1 District Court convicted Bartos of incitement to hatred and Holocaust denial on the internet, in public speeches, and books and sentenced him to a conditional sentence of two years in prison.  Bartos appealed the verdict.  In November the Municipal Court in Prague upheld the decision.  Bartos appealed to the Supreme Court, where the case remained pending at year’s end.

In May the Czech Bar Association fined bar member Klara Samkova 25,000 koruna ($1,100) for publicly cursing the Turkish ambassador in June 2016.  Samkova compared Islam to Nazism in a statement read in front of the Turkish embassy.

The government-funded Endowment Fund for Holocaust Victims, established by the FJC, again contributed 4.5 million koruna ($205,000) to 13 institutions providing health and social care to approximately 500 Holocaust survivors.

Legal Framework

The constitution declares the ELC as the country’s established Church, which shall receive state support and to which the reigning monarch must belong.  The constitution also states individuals shall be free to form congregations to worship according to their beliefs, providing nothing “at variance with good morals or public order shall be taught or done.”  It specifies that, “rules for religious bodies dissenting from the established Church shall be laid down by statute.”  It stipulates that no person may be deprived of access to the full enjoyment of civil and political rights because of religious beliefs, and that these beliefs shall not be used to evade compliance with civic duty.  It prohibits requiring individuals to make personal financial contributions to religious denominations to which they do not adhere.

The law prohibits hate speech, including religious hate speech, and specifies as penalties a fine (amount unspecified) or a maximum of one year’s imprisonment.  If a religious leader disseminates the hate speech, the penalties increase to a fine or a maximum of three years’ imprisonment.

The law permits the government to prevent religious figures who are foreign nationals and do not already have a residence permit from entering the country if the Ministry of Immigration and Integration determines their presence poses a threat to the public order.  In such cases, the ministry places the individuals on a national sanctions list and bars them from entry into the country for a two-year period, which may be renewed.

The ELC is the only religious group that receives funding through state grants and voluntary taxes paid through payroll deduction from its members.  Members receive a tax credit for their donations to the ELC.  The voluntary taxes account for an estimated 86 percent of the ELC’s operating budget; the remaining 14 percent is provided through a combination of voluntary donations by congregants and government grants.  Members of other recognized religious communities cannot contribute via payroll deduction but may donate to their own community voluntarily and receive an income tax credit.  The ELC and other state-recognized religious communities carry out registration of civil unions, births, and deaths for their members.

On May 31, the government enacted a law prohibiting masks and face coverings, including burqas and niqabs, in public spaces.  Violators may be fined 1,000-10,000 kroner ($150-$1,500).  The maximum fine is for those who violate the law four or more times.

The Ministry of Culture and Ecclesiastic Affairs has responsibility for granting official status to religious groups besides the ELC through recognition by royal decree (for groups recognized prior to 1970) or through official registration.  According to the Ministry of Culture and Ecclesiastic Affairs, there are (as of November) 315 religious groups and congregations the government officially recognizes or that are affiliated with recognized groups:  208 Christian groups, 62 Muslim, 17 Buddhist, nine Hindu, three Jewish, and 16 other groups and congregations, including the Baha’i Faith, the Alevi Muslim community, and followers of the indigenous Norse belief system Forn Sidr.

Recognized religious groups have the right to perform legal marriage ceremonies, name and baptize children with legal effect, issue legal death certificates, obtain residence permits for foreign clergy, establish cemeteries, and receive tax-deductible financial donations and various valued-added tax exemptions.  A religious community law enacted in December 2017 effective on January 1 allows only religious communities recognized before 1970 to issue name, baptismal, and marriage certificates.  According to the law, this privilege will expire for all religious communities except the ELC in 2023.  Members of other religious communities or individuals unaffiliated with a recognized religious group may opt to have birth and death certificates issued by the health authority.

Groups not recognized by either royal decree or a government registration process, such as the Church of Scientology, are entitled to engage in religious practices without any kind of public registration, but members of those groups must marry in a civil ceremony in addition to any religious ceremony.  Unrecognized religious groups are not granted fully tax-exempt status, but they have some tax benefits; for example, contributions by members are tax-deductible.

The religious community law that came into force in January codifies for the first time the registration process for religious communities other than the ELC and eliminates the previous distinction between those recognized by royal decree and those approved through registration.  For a religious community to be recognized, it must have at least 150 members, while a congregation, which the Ministry of Culture and Ecclesiastic Affairs considers as a group within one of the major world religions (Christianity, Judaism, Hinduism, Buddhism, and Islam), must consist of at least 50 adult members to be approved.  For congregations located in sparsely populated regions, such as Greenland, the government applies a lower population threshold, varying according to the total population of the region.  The guidelines for approval of religious organizations require religious groups seeking registration to submit a document on the group’s central traditions; descriptions of its most important rituals; a copy of its rules, regulations, and organizational structure; an audited financial statement; information about the group’s leadership; and a statement on the number of adult members permanently residing in the country.  Groups must also have formal procedures for membership and make their teachings available to all members.  The Ministry of Justice makes the final decision on registration applications after receiving recommendations from a group consisting of a lawyer, religious historian, sociologist of religion, and nonordained theologian.

The law bans judges from wearing religious symbols such as headscarves, turbans, skullcaps, and large crucifixes while in court.

All public and private schools, including religious schools, receive government financial support.  Public schools must teach ELC theology; the instructors are public school teachers rather than persons provided by the ELC.  Religious classes are compulsory in grades 1-9, although students may be exempted if a parent presents a request in writing.  No alternative classes are offered.  The ELC course curriculum in grades 1-6 focuses on life philosophies and ethics, biblical stories, and the history of Christianity.  In grades 7-9, the curriculum adds a module on world religions.  The course is optional in grade 10.  If the student is 15 years old or older, the student and parent must jointly request the student’s exemption.  Private schools are also required to teach religion classes in grades 1-9, including world religion in grades 7-9.  The religion classes taught in grades 1-9 need not include ELC theology.  Collective prayer in schools is allowed if it does not include proselytizing.  Prayers are optional at the discretion of each school.  They may consist of ELC, other Christian, Muslim, or Jewish prayers, and students may opt out of participating.

Military conscription is mandatory for all physically fit men older than 18.  Women may participate but are not obligated to do so.  Military service is typically four months.  There is an exemption for conscientious objectors, including on religious grounds, allowing conscientious objectors to perform alternative civilian service, which also has a period of four months, instead.  An individual wishing to perform alternative service as a conscientious objector must apply within eight weeks of receiving notice of military service.  The application is adjudicated by the Conscientious Objector Administration and must show that military service of any kind is incompatible with the individual’s conscience.  The alternative service may take place in various social and cultural institutions, peace movements, organizations related to the United Nations, churches and ecumenical organizations, and environmental organizations throughout the country.

The law prohibits ritual slaughter of animals without prior stunning, including kosher and halal slaughter.  The law allows for slaughter according to religious rites with prior stunning and limits such slaughter to cattle, sheep, goats, and chickens.  All slaughter must take place at a slaughterhouse.  Slaughterhouses practicing ritual slaughter are obliged to register with the Veterinary and Food Administration.  Violations of this law are punishable by fines or up to four months in prison.  Halal and kosher meat may be imported.

A law that came into force on May 1 requires clergy members with legal authorization to officiate at marriages to have an adequate mastery of the Danish language and to complete a two-day course on family law and civil rights, administered by the Ministry of Culture and Ecclesiastic Affairs.  The law also includes a requirement that religious workers “must not behave or act in a way that makes them unworthy to exercise public authority.”  Religious workers perceived as not complying with the new provisions may be stripped of their right to perform marriages.

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

Government Practices

During the year, the government added seven new individuals, including two Americans, to a “hate preachers” list that barred those individuals from entering the country.  The Ministry of Immigration and Integration stated these individuals threatened the nation’s values and public security.

In April Minister of Justice Soren Pape Poulsen stated the government enacted the law banning face coverings because concealing the face was antithetical to the social interaction and coexistence that was crucial in a society.  According to a 2010 survey by the University of Copenhagen, an estimated 150 to 200 women in the country wore a niqab and three wore a burqa.  Widespread media reporting portrayed the ban as targeting Muslim women.  Poulsen called the niqab “incompatible with the values in Danish society,” while Martin Henriksen, the immigration spokesperson for the Danish People’s Party, one of the country’s largest political parties, called the vote a “statement from parliament that the burqa and niqab do not belong in Denmark.”  Religious groups and several human rights groups protested the ban.  Amnesty International said the law “essentially criminalizes women for their choice of clothing, making a mockery of the freedoms Denmark purports to uphold.”

In August an estimated 1,300 Muslims and non-Muslims wearing veils marched from Norrebro, a neighborhood in Copenhagen with a high concentration of immigrants, to a local police station to protest the law banning face coverings.  Ministry of Justice officials declined to prosecute protesters, stating wearing a burqa or niqab in this instance was an act of protest and protected as freedom of expression.

In the first six months of the ban, 109 violations were filed with the National Police, resulting in 22 charges and 13 fines; 31 other cases resulted in a warning, with the person either removing the face covering or leaving the public space.  Eight other inquiries were dismissed because the violation was in connection with a demonstration.  Media reports stated the first fine involved a woman who wore a niqab in a shopping complex.  She received a 1,000 kroner ($150) fine, and authorities asked her to remove the veil or leave the public space; she chose to leave.  The Muslim community reported one family emigrated because of the law.

According to the a November 15 executive order from the minister of church affairs, the religious community law that entered into force in January incentivized individual congregations within a religious community to formally register with the government in order to receive tax benefits.  Some religious groups also anticipated that under the new law, individuals would be able to make tax-deductible donations to specific congregations rather than to the broader religious community to which the congregation belonged.  As such, the total number of registered religious communities and congregations was expected to increase.

In June parliament debated a citizen-driven petition to ban circumcision of individuals younger than 18.  Although the petition proposed banning circumcision of minors of both sexes, the law already prohibited female circumcision.  The petition acquired the necessary signatures pursuant to a new law requiring petitions with more than 50,000 signatures to be debated in parliament.  According to a January poll by research firm Megafon, 83 percent of persons expressed public support for the ban.  Advocates of the ban led by NGO INTACT Denmark stressed their concern for the rights of children, but Muslim and Jewish communities opposed it and formed an interreligious working group to lobby the government against it.  The debate on banning circumcision also played out on social media.  For example, individuals posted anti-Semitic comments – such as “bloody child abuse is part of Jewish rituals” – on INTACT Denmark’s Facebook page.  On July 11, Rabbi Melchior of the Jewish Society said, “The opponents of circumcision are not anti-Semites, but if they succeed in convincing the politicians into banning it, it will be an anti-Semitic act.”  Finn Rudaizky, a former leader of the Jewish Society of Denmark, stated in June that, “In addition to children’s welfare activists, many others use the situation to show that they are against Jews, Muslims, and they can express anti-Semitism and xenophobia without admitting to it.”

In October Prime Minister Lars Lokke Rasmussen linked the country’s historical rescue of the Jews in 1943 to the debate on circumcision, vowing to protect the Jews once again.  A majority of parliamentarians came out against the ban on its first reading in November, and at year’s end, the bill sat with the Health and Elderly Committee for further study before a final parliamentary vote scheduled for the spring of 2019.

In January the government announced a new action plan to eliminate “parallel societies” emerging from what it called “ghetto” communities.  Part of the government’s definition of “ghetto” community was a non-Western majority population, which media widely interpreted to mean Muslims.  Initiatives parliament enacted during the year included doubling of penalties for crimes committed in ghetto-designated communities and mandatory enrollment of children in day care or loss of child benefits.  The Muslim community expressed concerns about the compulsory day care, which had a component of 25 hours per week of instruction, including religious teaching about Christmas and Easter.

In February Minister of Immigration and Integration Inger Stojberg wrote an article titled “The Sad Truth about Islam” for the BT newspaper and also posted on social media.  Stojberg stated Danes had “lost” and “become scared by a religion [Islam] whose fanatics have threatened us to silence.”  She said, “[I]t is primarily the followers of the so-called religion of peace, Islam, which actually engages [sic] with weapons, violence, and terror.”  Citing the play The Book of Mormon, which had recently opened in Copenhagen, in the article, Stojberg said performing a similar play in the country about Islam was “unthinkable.”  Stojberg has had round-the-clock police protection since 2015 due to numerous threats against her.

In May Stojberg called for Muslims fasting during Ramadan to take time off from work because she believed they were unable to perform their jobs safely.  Colleagues from her own Liberal (Venstre) Party called for Stojberg to provide evidence to support her statement; she did not respond.

On December 20, parliament enacted into law a proposal introduced by the Conservative and Danish People’s Parties requiring persons obtaining Danish citizenship to shake hands during naturalization ceremonies.  Critics said the law, scheduled to take effect on January 1, 2019, targeted Muslims, who declined on religious grounds to shake hands with members of the opposite sex.  Media reported some of the mayors who conducted naturalization ceremonies objected to the law, which they called awkward and irrelevant to an applicant’s qualifications.  Mayor of Sonderborg Erik Lauritzen announced he would overlook the handshake requirement if applicants showed respect for authorities another way; Mayor of Aabenraa Thomas Andresen stated he would not feel comfortable reporting a noncompliant applicant and urged the national government to administer the ceremony rather than the municipality.  Imam Falah Malik from Nusrat Djahan Mosque called on applicants to show respect another way but, if a handshake was required between members of the opposite sex, to skip the ceremony.  Parliamentarian and spokesperson on immigration for the Danish People’s Party Henriksen said of the law, “If one can’t do something that simple and straightforward [shake hands], there’s no reason to become a Danish citizen.”

In September TV2 Ostjylland reported the municipality of Horsens would offer citizens a chance to specifically opt out of halal or kosher meat at municipal institutions starting in January 2019.  Horsens city councilor from the Danish People’s Party Michael Nedersoe said, “This is an offer for those people who don’t want a Muslim prayer over their food or think halal slaughter is on the edge of animal abuse.”  The Danish People’s Party had called on municipal authorities to try to ban halal meat from municipal institutions during local elections in November 2017.  Henriksen, the party’s immigration spokesperson, said at the time, “It’s wrong when the food in public institutions is blessed by an imam.”  Opponents in Horsens to the originally proposed ban on halal meat, such as Horsens city councilor Saliem Bader from the Social Democratic Party, stated the new proposal did not ban halal meat but rather offered people a chance to opt out of eating it.

The government continued to provide armed security, consisting of police and military, for Jewish sites it considered to be at high risk of terrorist attack, including Copenhagen’s synagogue and community center and schools.  Officials from the Jewish Society reported continued good relations with police and the ability to communicate their concerns to authorities, including the minister of justice.

There were reports of religiously motivated incidents against Muslims, Jews, and members of other religious groups.  Jewish community leaders from the Jewish Society and B’nai B’rith stated anti-Semitic behavior emanated from Muslims rather than far-right or far-left ideologues.  Both Jewish and Muslim community leaders said most incidents were not reported because of a widespread belief police would not follow up or prosecute perpetrators.

According to police statistics for 2017, the most recent year for which data were available, there were 67 religiously motivated hate crimes against Muslims, 38 against Jews, and 37 against other religions.  The total of 142 crimes was 61 percent higher than the 88 reported in the previous year.  Forty-two crimes, typically vandalism, occurred at gravesites or religious institutions; 43 in public settings such as supermarkets, parks, or buses; 31 on the internet; 21, typically involving graffiti, at private residences; and five in the workplace or schools.

Representatives of Copenhagen’s Jewish Society separately reported 30 anti-Semitic acts against Copenhagen’s Jewish community, its community center, or synagogue in 2017.  The acts included two cases of aggravated and physical harassment, three cases of threats or intimidation, 24 cases of anti-Semitic slurs or language, and one uncategorized case.

In July the Copenhagen District Court charged Imam Mundhir Abdallah from the Masjid al-Faruq Mosque under the law against hate speech in religious preaching for posting a YouTube video in 2017 calling on Muslims to kill Jews.  Omar El-Hussein, who committed a terrorist attack at the Jewish synagogue in Copenhagen in 2015, had attended the same mosque the day before going on his shooting spree.  At year’s end, the case was pending trial.

In August a woman in the city of Odense prevented a Muslim woman from taking her parking space.  A video recording showed the woman stating she would not give up her parking spot because the other woman wore a headscarf.  The incident received prominent national news coverage.

police reported in 2017 was one where three men beat up a man in a parking lot after asking if he was Muslim.  In another case, a man threatened a Muslim woman with his dog and said, “You’re going to die… I don’t like Muslims…you are going to hell.”

In October 2017, a man posted threats of violence against Muslims as part of a self-described “poem as cultural input” on his Facebook page that authorities determined to be “macabre and threatening words.”  In October the Aalborg District Court convicted the man of hate speech and fined him 4,000 kroner ($610).

In December the European Union’s Agency for Fundamental Rights (EU-FRA) released its second survey of Jewish experiences and perceptions of anti-Semitism.  EU-FRA targeted Jewish populations through community organizations, Jewish media, and social networks; 592 individuals identifying themselves as Jewish residents of Denmark responded to the online survey.  One-quarter said they had witnessed other Jews being physically attacked, insulted, or harassed in the previous 12 months, and 29 percent reported being harassed over the same period.  Twenty-four percent of respondents said they had felt discriminated against because of their religion or belief; 85 percent thought anti-Semitism had increased over the previous five years.

Members of both the Jewish and Muslim communities spoke highly of each other’s efforts in forming an interreligious working group to lobby government leaders against the proposed ban on circumcision.

A 2017 Pew Research Center poll found 20 percent of persons agreed that government policies should support religious values and beliefs in the country; 43 percent agreed with the statement that Islam was fundamentally incompatible with the country’s culture and values.

Nye Borgerlige, a political party established in 2015 and holding a single municipal political office in the country, described Islam as incompatible with Danish values.  The party, which said it would contest national elections in 2019, called on the state not to grant recognition to Muslim communities or award grants to Muslim schools and to refrain from selling public land on which to build mosques.  The party also advocated a ban on headscarves in public schools and for public officeholders.  In June Nye Borgerlige leader Pernille Vermund cited Mogens Glistrup, founder of the Progress Party, which was widely described as anti-Muslim, as her party’s inspiration.

Legal Framework

The constitution declares there is no state church and stipulates freedom for individuals to belong to any religious group and practice any religion, both alone and in community with others, in public or in private, unless doing so is “detrimental to public order, health, or morals.”  The constitution also prohibits incitement of religious hatred, violence, or discrimination.  The law states that violations are punishable by fines or up to three years in prison.  The constitution recognizes the right to refuse military service for religious reasons but requires conscientious objectors to perform alternative service as provided by law.

The law regulates the activities of religious associations and religious societies.  Religious associations are defined as churches, congregations, unions of congregations, and monasteries.  Churches, congregations, and unions of congregations are required to have a management board.  The management board has the right to invite a minister of religion from outside the country.  The residence of at least half of the members of the management board must be in the country, in another member state of the European Economic Area, or in Switzerland.  The elected or appointed superior of a monastery serves as the management board for the monastery.  Religious societies are defined as voluntary organizations whose main activities include religious or ecumenical activities relating to morals, ethics, culture, and social rehabilitation activities outside the traditional forms of religious rites of a church or congregation.  Religious societies do not need to affiliate with a specific church or congregation.

The registration office of the Tartu County Court registers religious associations and religious societies.

To register, a religious association must have at least 12 members, and its management board must submit a notarized or digitally signed application, the minutes of its constitutive meeting, and a copy of its statutes.  The law treats registered religious associations as nonprofit entities entitled to some tax benefits if they apply for them, such as a value-added tax exemption.  There are more than 550 religious associations registered with the government.

The law does not prohibit activities by unregistered religious associations.  Unregistered religious associations, however, may not act as legal persons.  Unlike registered religious associations, unregistered associations are not eligible for tax benefits.

Religious societies are registered according to the law governing nonprofit associations and are entitled to the same tax benefits as religious associations.  To register as an NGO, a religious society must have a founding contract and statutes approved by its founders, who may be physical or legal persons.  The minimum number of founders is two.  The society must submit its registration application either electronically or on paper to the Tartu County Court registry office.

The law requires the commanding officer of each military unit to provide its members the opportunity to practice their religion.  Prison directors must also provide the opportunity for inmates to practice their religious beliefs.  The state funds police and border guard, military, and prison chaplains, who may belong to any registered religious denomination and must guarantee religious services for individuals of all faiths.

Optional basic religious instruction is available in public and private schools, funded by the state.  All schools must provide religious studies at the primary and secondary levels if students request these studies.  The courses offer a general introduction to different faiths.  Religious studies instructors may be lay teachers or clergy provided by religious groups.  There are also private religious schools.  All students, regardless of their religious affiliation or non-affiliation, may attend religious schools.  Attendance at religious services at religious schools is voluntary.  The majority of students attending a private religious school are not associated with the school’s religious affiliation.

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

Government Practices

According to the NGO register, six religious associations registered during the first 10 months of the year, including evangelical Protestant, Pentecostal, and other groups.

The government allocated 596,000 euros ($683,000) to the Estonian Council of Churches.  The council, which comprises 10 Christian churches – including the Lutheran Church and both Orthodox Churches – continued to serve as an organization joining the country’s largest Christian communities.  The government provided the funds for ecumenical activities, including ecclesiastical programs broadcast on the Estonian Broadcasting Company, youth work by churches, activities promoting interreligious dialogue, and religious publishing.

Following the burning and defacing of the Kalevi-Liiva Holocaust memorial in August, Prime Minister Juri Ratas and Minister of Justice Urmas Reinsalu publicly condemned the vandalism and declared the state would “seriously investigate” the incident.  The investigation continued at year’s end.  The state forestry agency and heritage organization repaired the damage on August 23.

On January 26, the government held an annual memorial event on Holocaust Remembrance Day at the Rahumae Jewish Cemetery in Tallinn.  Schools participated in commemorative activities throughout the country.  On January 26, the Ministry of Education and Research, in cooperation with the Estonian Memory Institute, sponsored a Jewish culture and history seminar for history and civics teachers from across the country and the public on Holocaust history and commemoration.

On September 25, the government hosted the visit of Pope Francis to Tallinn.  At a meeting with civil society, diplomatic, and cultural leaders during the visit, President Kersti Kaljulaid stated, “The freedom of religion is precisely one of the unyielding bedrocks on which our democracy is founded.”

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

In 2017, the most recent year for which data was available, police registered no hate crime cases involving religion, compared with six cases in 2016.

According to representatives of the Jewish community, either on August 20 or 21, unidentified individuals burned and defaced the Kalevi-Liiva Holocaust memorial with anti-Semitic graffiti.

Jewish groups expressed concern about a September 2 demonstration, organized by activists affiliated with the Estonian Conservative People’s Party, involving the temporary erection of a monument depicting an Estonian soldier in a World War II-era German uniform.

According to many religious and other civil society leaders, there was societal support for religious freedom and tolerance in the country.  Interreligious events involving religious minorities were frequent, including conferences celebrating Estonian religious life and the Jewish and Muslim communities.

Legal Framework

The constitution bars discrimination based on religion “without an acceptable reason.”  It stipulates freedom of religion and conscience, including the right to profess and practice a religion, to express one’s convictions, and to be a member or decline to be a member of a religious community.  It states no one is under the obligation to participate in the practice of a religion.  The law criminalizes the “breach of the sanctity of religion,” which includes blaspheming against God, publicly defaming or desecrating to offend something a religious community holds sacred, and disturbing worship or funeral ceremonies.  Violators are subject to fines or imprisonment for up to six months.  Authorities have rarely applied the law, most recently in 2009.

The law explicitly prohibits religious discrimination and prescribes a nondiscrimination ombudsman responsible for supervising compliance with the law and investigating individual cases of discrimination and having the power to levy fines on violators.  The ombudsman advocates on behalf of victims, offers counseling and promotes conciliation, and lobbies for legislation, among other duties and authorities.  Individuals alleging discrimination may alternatively pursue legal action through the National Non-Discrimination and Equality Tribunal or through the district court system.  Litigants may appeal the decisions of the tribunal and the district court system to the higher Administrative Court.

In May parliament unanimously approved a reform of the Church Act, which governs the practices of the Evangelical Lutheran Church.  Among other changes, the new act, scheduled to come into force in 2019, devolves certain responsibilities back to the Church that previously required parliamentary approval, such as allowing Church authorities to present new policy proposals and hold votes online rather than requiring in person meetings.

Individuals and groups may exist, associate, and practice their religion without registering with the government.  To be eligible to apply for government funds, however, religious groups must register with the Patent and Registration Office as a religious community.  To register as a community, a group must have at least 20 members, have as its purpose the public practice of religion, and have a set of rules to guide its activities.  A registered religious community is a legal entity that may employ persons, purchase property, and make legal claims.  Nonprofit associations, including registered and unregistered religious groups, are generally exempt from taxes.  According to the MEC, there are approximately 130 registered religious communities, most of which have multiple congregations.  Persons may belong to more than one religious community.

All citizens who belong to either the ELC or Orthodox Church pay a church tax, collected together with their income tax payments.  Congregations collectively decide the church tax amount, now set at between 1 to 2 percent of member income.  Those who do not want to pay the tax must terminate their ELC or Orthodox congregation membership.  Members may terminate their membership by contacting the official congregation or the local government registration office, either electronically or in person.  Local parishes have fiscal autonomy to decide how to use funding received from taxes levied on their members.

Registered religious communities other than the ELC and Orthodox Church are also eligible to apply for state funds.  The law states registered religious communities that meet the statutory requirements (a minimum of 20 members and the ability to collect fees) may receive an annual subsidy from the government budget in proportion to the religious community’s percentage of the population.

The ELC is required to maintain public cemeteries and account for the spending of government funds.  Other religious communities and nonreligious foundations may maintain their own cemeteries.  All registered religious communities may own and manage property and hire staff, including appointing clergy.  The law authorizes the ELC and Orthodox Church to register births, marriages, and deaths for their members in collaboration with the government Population Register Center.  State registrars do this for other persons.

Parents may determine their child’s religious affiliation if the child is younger than 12 years of age.  The parents of a child between the ages of 12 and 17 must pursue specific administrative procedures with their religious community and the local population registration officials to change or terminate religious affiliation.

All public schools provide religious teaching in accordance with students’ religion.  All students must take courses either in ethics or in religious studies, with the choice left up to the student.  Schools must provide religious instruction in religions other than the Lutheran faith if there is a minimum of three pupils representing that faith in the municipal region, the religious community in question is registered, and the students’ families belong to the religious community.  Students who do not belong to a religious group or belong to a religious group for which special instruction is not available may study ethics.  Students age 18 or older may choose to study either the religious courses pertaining to their religion or ethics.  If a student belongs to more than one religious community, the parents decide in which religious education course the student participates.  The government does not prohibit or restrict private religiously based schools.

Religious education focuses on familiarizing students with their own religion, other religions, and general instruction in ethics.  Teachers of religion must have the required state-mandated training for religious instruction.  The state appoints them, and they are not required to belong to any religious community.  The National Board of Education provides a series of textbooks about Orthodox and Lutheran Christianity, Catholicism, Judaism, and Islam, as well as a textbook on secular ethics.

The government allows conscientious objectors to choose alternative civilian service instead of compulsory military service.  In February the Helsinki Court of Appeals overturned a long-standing exemption for Jehovah’s Witnesses from military service.  After a conscientious objector who was not a member of the Jehovah’s Witnesses challenged the exemption policy, the court ruled in his favor, stating the legal exemption gave preferential treatment to one particular religion and thus violated the nondiscrimination clauses of the constitution.  Per current legislation, conscientious objectors who refuse both military and alternative civilian service may be sentenced to prison terms of up to 173 days, one-half of the 347 days of alternative civilian service.  Following the court ruling, all conscientious objectors are entitled to the same exemption from duty regardless of their religion.  Regular military service ranges between 165 and 347 days.

The law bans certain types of animal slaughter, requiring that animals be stunned prior to slaughter or be killed and stunned simultaneously in cases of religious practice.

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

Government Practices

On September 28, the Court of Appeals in Turku upheld a 2017 Pirkanmaa District Court ban on the NRM, its regional chapters, and the NRM-linked Nordic Tradition group, which had distributed anti-Semitic and anti-Islamic material and spoken out against what the group called “the criminal capitalist world order and Zionism.”  The NRM criticized the decision and stated the prohibition would lead to greater popular support, citing an October announcement of solidarity from the Soldiers of Odin, an anti-immigrant group.

The Helsinki police reduced by half the staffing for a police unit dedicated to addressing hate crimes and crimes involving infringements on the rights of individuals to practice their religion.  The unit, established in 2017, had precipitated a large rise in investigations of incitement to violence, some of which involved violations of religious freedom.  Police spokesmen described the reduction in force as a reallocation of resources, as parliament had declined to renew the 1.26 million euro ($1.44 million) grant for the unit, requiring it to draw funding from the general police budget.

On January 14, then speaker of parliament Maria Lohela spoke at an event at the Helsinki Synagogue and pledged the government’s support to defend all Jews in the country.

The ombudsman for children at the MOJ continued to advocate a change to the registration process for religious organizations, whereby a board of experts assesses groups for their compliance with certain criteria prior to issuing a formal registration.  In a February media interview, the ombudsman criticized the child-rearing practices of Jehovah’s Witnesses, in particular what he said were reports of the shunning of minors who renounced the Church and the reliance by Jehovah’s Witnesses on their own internal investigations rather than on the police in cases of alleged abuse against children.  He stated the government should amend the law to include regular review of religious organizations to ensure the protection of fundamental human rights, in particular the best interests of children.  According to the ombudsman, a religion deemed noncompliant could be compelled to redress its treatment of children or face revocation of its registration.  Jehovah’s Witnesses representatives in the country criticized the statements as a threat against their religion.

Press reports described the reform of the Church Act governing the practices of the Evangelical Lutheran Church as a move toward greater autonomy for the Church administration and greater transparency in internal decision making.  Minister of Education and Science Sanni Grahn-Lassonen told a meeting of the Church synod that “the easing of regulations will improve the flexibility of administration and church autonomy,” comments that official church press statements echoed shortly thereafter.

Parliament debated an animal welfare bill, scheduled for a vote in 2019, that would require prior stunning of animals before slaughter in all cases, eliminating the existing exemption allowing simultaneous stunning and killing in cases of religious slaughter.  Jewish and Muslim leaders criticized the proposed amendment, saying it would ban all kosher and halal slaughter.  These leaders also criticized the restrictions in the existing law, which hindered their communities’ ability to slaughter animals in a religiously approved manner and forced them to import meat at higher prices.

Ministry of Social Affairs and Health (MSAH) guidelines discouraged circumcision of males and continued to withhold public health-care funding for such procedures.  In its guidelines, the ministry stated that only licensed physicians should perform nonmedical circumcision of boys, a child’s guardians should be informed of the risks and irreversibility of the procedure, and it should not be carried out on boys old enough to understand the procedure without their consent.  Religious communities, including members of Muslim and Jewish communities, expressed disagreement with the guidelines; however, the ministry stated it had not received any protest during the year from religious representatives regarding the recommendation that only a licensed physician perform circumcision.

In April the ombudsman for children at the MOJ sent a public request to the MSAH that it establish legally binding regulations for nonmedical circumcision and ensure it is performed on minors only with informed consent or prohibited entirely.  The request stated the ombudsman would prefer to prohibit all nonmedical circumcision of minors.  There were reports the government continued to discuss the possibility of criminalizing male circumcision.  By year’s end neither the Jewish nor the Muslim community had made an official response to the ombudsman’s proposal.

In July the Ministry of Defense published a report advocating a repeal of the conscription exemption for Jehovah’s Witnesses, citing changes since the government first instituted the exemption in 1987 that allowed men to complete their conscription duties as an employee in the civil service.  The representative body for Jehovah’s Witnesses in the country stated the alternative civil service could be an adequate substitute, although the organization did not take an official stand on participation in military service, leaving the decision to the approximately 100 male Jehovah’s witnesses who reached conscription age each year.  On September 20, parliament accepted a bill for debate that would terminate the legal exemption for Jehovah’s Witnesses.  The bill was under debate at year’s end.

In February police raided a mosque located in a Helsinki shopping mall.  While a police spokesperson described the raid as a response to general complaints of criminal activity in the building, Muslim community representatives said it exacerbated already tense relations between Muslims and the police and showed ignorance on the part of the authorities.

Responding to media reports that school districts had been unable to provide sufficient faculty to provide instruction in all of the faiths to which their students belonged, the minister of education stated in August that her ministry would continue to adhere to the established religious education policy and not offer combined religious courses.  According to the minister, “The current model, which protects the teaching of individual religion, the knowledge of religion, and the ability to understand different religions, has proved its value in Finnish society.”

Following news reports in 2017 that large numbers of Muslim asylum seekers had converted to Christianity during their time in the country and would face persecution should the government reject their application and remove them to their country of origin, the Ministry of Interior (MOI) sought out training from the Finnish Ecumenical Council and representatives from other faiths.  With ministry sponsorship, the council conducted training in late 2017 and 2018 for more than 200 asylum review officers on how to assess converts during asylum adjudication.

NGOs working with migrants continued to advocate for improved interpreting services for asylum seekers, many of whom belonged to religious minorities.  They also raised concerns about the ability of religious minorities housed in migrant reception centers to worship without persecution by other migrants held within the same center.

While the government did not release detailed reports on asylum applicants categorized by religion, it stated the number of Jehovah’s Witnesses from Russia applying for asylum because of what they said was religious persecution there had increased.  In addition, media reports stated more than 200 Russian Jehovah’s Witnesses applied for asylum from January to August, compared with approximately 100 who did so in all of 2017.  According to the same reports, immigration courts had approved only a small number of asylum applicants, and immigration officials were careful to state that membership in the church would not in and of itself guarantee asylum.

In May the Office of the Prime Minister announced that it would fund an independent investigation into allegations Finnish volunteers in the Nazi Waffen-SS killed Jews and other civilians during World War II.  The announcement followed a January letter from the Simon Wiesenthal Center to President Sauli Niinisto requesting the government study the participation of Finnish troops in Nazi killings, particularly in Ukraine.

In July Jussi Halla-aho, Chair of the Finns Party and Member of the European Parliament, criticized the decision by the country’s flagship school of higher learning, Helsinki University, to offer for the first time a course in Islamic theology.  In a public statement online, Halla-aho stated the goal of the course in theology “is to help us Finns better understand the Islamic minority which has been forcibly created here and of course prevent them from radicalization.”

The government again allocated 114 million euros ($130.73 million) to the ELC and 2.5 million euros ($2.87 million) to the Orthodox Church.  The MEC allotted a total of 524,000 euros ($601,000) to all other registered religious organizations.  All of the allocations were unchanged from 2017.

The MEC awarded a total of 80,000 euros ($91,700) to promote interfaith dialogue, the same amount as in 2017.  Two organizations split the funding:  the National Forum for Cooperation of Religions in Finland and Fokus, an interfaith and intercultural organization.

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

In 2017, the latest period for which data were available, police reported 235 hate crimes involving members of religious groups, including crimes involving assault, threats and harassment, discrimination, and vandalism, compared with 149 such incidents in the previous year.  There were 153 incidents involving Muslims, 45 involving Christians, nine involving Jews, two involving Jehovah’s Witnesses, and 26 involving other or unknown religious groups.  Police, however, could only ascertain that 10 of these crimes were specifically motivated by the religion of the victims.  They could not determine how many of the other incidents were at least in part religiously motivated.  The nondiscrimination ombudsman’s office reported receiving 55 complaints of religious discrimination in the same year, compared with 46 complaints in 2016.  Because religion and ethnicity are often closely linked, it was difficult to categorize many incidents as being solely based on religious identity.

Despite its banning, the NRM continued to operate a website and make statements promoting discrimination or violence against Jews and Muslims and maintained an active online presence through its website and social media.  The second priority of its political platform read, “With all means possible work towards reconquering power from the global Zionist elite.”  The NRM continued to post anti-Semitic graffiti in public spaces and printed other materials glorifying Adolf Hitler.

Kansallismielisten Liittouma (Nationalist Alliance), established in 2017, mobilized hundreds of demonstrators to an August rally in Turku commemorating the one-year anniversary of a terrorist attack by a Moroccan migrant to whom authorities had denied asylum.  The alliance described itself as a network for associated far-right groups in the country and contained members of established groups such as NRM, Soldiers of Odin, Finnish Defense League, and Suomen Sisu.  Member of Parliament Ritva Elomaa of the Finns Party participated in the demonstration and gave a public statement of support.  The demonstration sparked an anti-Neo-Nazi demonstration of approximately 1,000 marchers who condemned the presence of what they called Neo-Nazis in the city.

The website Magneettimedia, known for its anti-Semitic content, continued to post defamatory statements online.  In September it published an article entitled “The Concentration of Power in the Jewish Elite” stating that the “global Jewish or Zionist conspiracy” is behind “the collapse of modern society.”  The former owner of Magneettimedia, Juha Karkkainen, continued to publish anti-Semitic editorials in the newspaper KauppaSuomi, a periodical available through his large chain of department stores with what it said was a circulation of 270,000.  In addition to these two outlets, online Finnish media outlets critical of Islam and Judaism increased in popularity, notably Oikea Media and Kansalainen.fi.  Major Finnish consumer brands continued to boycott the Karkkainen chain of department stores, citing anti-Semitic public statements by Karkkainen.

Muslim groups continued to seek adequate houses of worship to match their growing population.  Plans for a “Grand Mosque and Oasis Center” in central Helsinki collapsed in December 2017 amid questions about the foreign financing of the project and political resistance both inside and outside the Muslim community.  According to press reports, conservative politicians and nationalist groups said they opposed the project due to concerns it would foster violent extremism.  With the exception of a handful of purpose-built mosques, the majority of mosques were located in converted commercial spaces.

According to press reports, a mosque of the Islamic Society of Northern Finland located in Oulu was vandalized twice in December.  In the first incident, unknown persons defaced the interior of the mosque and destroyed its inventory of frozen halal meat.  In the second incident, on Christmas Eve, the perpetrators smashed a mosque window.

A member of the Jewish community said privately that high-profile Jewish sites in Helsinki were regular targets for graffiti during the year.  He said the community preferred not to publicize the incidents.

Due in part to the sponsorship of the national government, civil society groups dedicated to promoting interreligious dialogue expanded their capabilities during the year.  The National Forum for Cooperation of Religions, which brought together representatives from the largest religious denominations, gathered testimony from their respective congregations for a report on hate crimes commissioned by the public victim-support service.  The group had not issued the report by year’s end, but preliminary findings indicated that Muslim women were at particular risk for harassment in public spaces.  Representatives of religious groups attended ceremonies hosted in their counterparts’ houses of worship.  Finn Church Aid, associated with the ELC, hosted its first interreligious iftar celebration; the late-night June event brought together representatives from the major religious denominations in the capital region, the Ministry for Foreign Affairs (MFA), and municipal governments.

Legal Framework

The constitution defines the country as a secular republic and states it “shall ensure the equality of all citizens before the law,” regardless of religion, and respect all beliefs.  The law provides for the separation of religion and state and guarantees the free exercise of religious worship except to maintain public order.

The law, as well as international and European covenants which France adheres to, protects the freedom of individuals to choose, change, and practice their religion.  Interference with freedom of religion is subject to criminal penalties, including a fine of 1,500 euros ($1700) and imprisonment of one month.  Individuals who are defendants in a trial may challenge the constitutionality of any law they say impedes their freedom of religion.

Laws increase the penalties for acts of violence or defamation when they are committed because of the victim’s actual or perceived membership or nonmembership in a given religious group.  Penalties for acts of violence that courts determine are religiously motivated are three to five years’ imprisonment and fines of 45,000-75,000 euros ($51,600-86,000), depending on the severity of the victims’ injuries.  For religiously motivated acts of public defamation, the penalties are one year’s imprisonment and/or a fine of 45,000 euros ($51,600).  The government may expel noncitizens for inciting discrimination, hatred, or violence against a specific person or group of persons based on religion.

Although the law does not require it, religious groups may apply for official recognition and tax-exempt status.  Religious groups may register under two categories:  associations of worship, which are exempt from taxes; and cultural associations, which normally are not exempt.  Associations in either category are subject to fiscal oversight by the state.  An association of worship may organize only religious activities, defined as liturgical services and practices.  Although not tax-exempt, a cultural association may engage in for-profit as well as nonprofit activity and receive government subsidies for its cultural and educational operations.  Religious groups normally register under both of these categories.  For example, Catholics perform religious activities through their associations of worship and operate schools through their cultural associations.

Religious groups must apply at the local prefecture (the administrative body representing the central government in each department) for recognition as an association of worship and tax-exempt status.  Once granted, the association may use the tax-exempt status nationwide.  In order to qualify, the group’s sole purpose must be the practice of religion, which may include religious training and the construction of buildings serving the religious group.  Among excluded activities are those purely cultural, social, or humanitarian in nature.  The government does not tax associations of worship on donations they receive.  If the prefecture determines an association is not in conformity with its tax-exempt status, however, the government may change that status and require the association to pay taxes at a rate of 60 percent on past, as well as future, donations until it regains tax-exempt status.  According to the MOI, 109 Protestant, 100 Catholic, 50 Jehovah’s Witness, 30 Muslim, and 15 Jewish associations have tax-exempt status.

The law states “detained persons have the right to freedom of opinion, conscience, and religion.  They can practice the religion of their choice…without other limits than those imposed by the security needs and good order of the institution.”

Counterterrorism legislation grants prefects in each department the authority to close a place of worship for a maximum of six months if they find comments, writings, or activities in the place of worship “provoke violence, hatred or discrimination or the commission of acts of terrorism or praise such acts of terrorism.”  The management of the place of worship has 48 hours to appeal the closure decision to an administrative court.  Noncompliance with a closure decision carries a six-month prison sentence and a fine of 7,500 euros ($8,600).  The core provisions of the legislation will expire at the end of 2020 unless renewed by parliament.

The law prohibits covering one’s face in public places, including public transportation, government buildings, and other public spaces, such as restaurants and movie theaters.  If police encounter a person in a public space wearing a face covering such as a mask or burqa, they are legally required to ask the individual to remove it to verify the individual’s identity.  Police officials may not remove it themselves.  If an individual refuses to remove the garment, police may take the person to the local police station to verify his or her identity.  Police may not question or hold an individual for more than four hours.  Refusing a police instruction to remove a face-covering garment carries a maximum fine of 150 euros ($170) or attendance at a citizenship course.  Individuals who coerce another person to cover his or her face on account of gender by threat, violence, force, or abuse of power or authority are subject to a fine of up to 30,000 euros ($34,400) and may receive a sentence of up to one year in prison.  The fine and sentence are doubled if the person coerced is a minor.

By law, the government may not directly finance religious groups to build new places of worship.  The government may, however, provide loan guarantees or lease property to groups at advantageous rates.  The law also exempts places of worship from property taxes.  The state owns and is responsible for the upkeep of most places of worship, primarily Catholic, built before 1905.  The government may fund cultural associations with a religious connection.

The law separating religion and state does not apply in three classes of territories.  Because Alsace-Lorraine (currently comprising the Departments of Haut-Rhin, Bas-Rhin, and la Moselle and known as Alsace-Moselle) was part of Germany when the law was enacted, Catholics, Lutherans, Calvinists, and Jews there may choose to allocate a portion of their income tax to their religious group.  Pastors, priests, and rabbis of these four recognized faiths in Alsace-Moselle receive a salary from the interior ministry, and the country’s president, with the agreement of the Holy See, appoints the Catholic bishops of Metz and Strasbourg.  Local governments in the region may also provide financial support for constructing religious buildings.  The overseas department of French Guiana, which is governed under 19th century colonial laws, may provide subsidies to the Catholic Church.  Other overseas departments and overseas territories, which include island territories in the Caribbean and the Atlantic, Pacific, and Indian Oceans, and several sub-Antarctic islands, may also provide funding for religious groups.  This provision also applies to the portion of Antarctica the government claims as an overseas territory.

Public schools are secular.  The law prohibits public school employees and students from wearing “conspicuous religious symbols,” including the Muslim headscarf, Jewish skullcap, Sikh turban, and large Christian crosses.  Public schools do not provide religious instruction, except in Alsace-Moselle and overseas departments and territories.  In Alsace-Moselle, religious education is compulsory in public primary and secondary schools, although students may opt for a secular equivalent with a written request from their parents.  Religious education classes are taught by members of the faiths concerned and are under the control of the respective churches.  Elsewhere in mainland France, public schools teach information about religious groups as part of the history curriculum.  Parents who wish their children to wear conspicuous religious symbols or to receive religious instruction may homeschool or send their children to a private school.  Homeschooling and private schools must conform to the educational standards established for public schools.

By law, the government subsidizes private schools, including those affiliated with religious organizations.  In 98 percent of private schools, in accordance with the law, the government pays the teachers’ salaries, provided the school accepts all children regardless of an individual child’s religious affiliation.  The law does not address the issue of religious instruction in government-subsidized private schools or whether students must be allowed to opt out of such instruction.

Missionaries from countries not exempted from entry visa requirements must obtain a three-month tourist visa before traveling to the country.  All missionaries from non-exempt countries wishing to remain longer than 90 days must obtain long-duration visas before entering the country.  Upon arrival, missionaries must provide a letter from their sponsoring religious group to apply to the local prefecture for a temporary residence card.

The law criminalizes the Boycott, Divestment, and Sanctions (BDS) movement against Israel, treating it as “a provocation to discrimination or hatred or violence towards a person or a group of persons because of their origin or belonging to an ethnic group, a nation, a race, or a determined religion.”

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

Government Practices

On June 23, the General Directorate for Internal Security (DGSI) arrested 10 men linked to a suspected far-right extremist plot to attack Muslims, according to media reports.  The suspects were arrested in the Paris and southwestern regions and on the island of Corsica and charged with criminal association with a terrorist enterprise.  Among the detainees was a retired police officer whom investigators considered the head of the network.  The suspects, who were previously unknown to authorities, reportedly had an “ill-defined plan to commit a violent act targeting people of the Muslim faith,” according to a source close to the investigation.  LCI TV reported the group was planning to “target radical imams, Islamist inmates released from prison, and veiled women chosen at random in the streets.”  In a June 24 statement, Interior Minister Gerard Collomb hailed the arrests and welcomed “DGSI’s constant commitment to the protection of the French people from any violent action, no matter where it comes from.”

In January investigating magistrates dismissed the court case against Lebanese-Canadian academic Hassan Diab, who was charged with bombing a synagogue in Paris during Sabbath prayers in 1980, killing four and injuring 40.  The magistrates said they found the evidence against Diab inconclusive and ordered his release.  Prosecutors appealed Diab’s discharge, and on October 26, the Paris Appeals Court requested additional expert testimony before ruling.  The court had not issued a ruling by year’s end.  Diab was extradited from Canada in 2014.

On July 10, a senate report stated authorities had closed four places of worship under the counterterrorism law between November 1, 2017 and June 8.  On December 13, the newspaper La Voix du Nord reported the prefect of the North Department applied the counterterrorism law to close the As-Sunnah prayer room in Hautmont for six months.  According to a statement issued by the prefecture, the prayer room’s activities and the ideas disseminated there “provoke violence, hatred, and discrimination, and praise acts of terror,” and the prefecture closed the prayer room “with the sole purpose of preventing the commission of acts of terrorism.”

On April 20, authorities expelled Algerian imam El Hadi Doudi, the leader of the Salafist As-Sounna Mosque in Marseille, to Algeria.  This decision followed the closing of As-Sounna for six months by the Bouches-du-Rhone Prefecture in December 2017 because of what it stated was Doudi’s radical preaching, which, according to press reports, inspired attendees to join ISIS.  According to authorities, sermons at the As-Sounna Mosque, sometimes disseminated via internet, preached in favor of armed jihad and the death penalty for adulterers and apostates, and used insulting or threatening terms towards Jews.  The As-Sounna Mosque, which had approximately 800 worshippers for its Friday prayers before its closure, was one of 80 places of Islamic worship in Marseille.  The mosque did not reopen after the six-month closure, because, according to the Marseille online newspaper Marsactu, the city of Marseille invoked its legal “preemption right” to take possession of the site.  According to a report in Le Parisien newspaper in May citing an interior ministry source, the purposed of the preemption was to prevent the mosque from reopening, while according to a report in La Provence newspaper citing a source in the Marseille municipality, the city acquired the property for purposes of urban renewal.

In an April 12 interview, President Macron stated his intent to “fight against Salafism and extremism,” which he described as “a problem in our country.”  In September Interior Minister Collomb stated that since 2017, the country had expelled 300 radical imams.

On May 16, the prefect of the Herault Department closed a small Muslim prayer room in in a townhouse in Gigean, which the authorities said they had considered a Salafist “reference point” for six months.  According to the prefectural decree posted on the townhouse, the prayer room was “an influential place of reference of the Salafist movement, advocating a rigorous Islam, calling for discrimination, hatred and violence against women, Jews, and Christians.”  Information as to whether the prayer room reopened after the six-month period was unavailable at year’s end.

The government continued to deploy 7,000 security forces throughout the country to protect sensitive sites, including vulnerable Catholic, Jewish, and Muslim sites and other places of worship.  On March 30, NGO Human Rights Without Frontiers reported the government deployed 70,000 law enforcement personnel from March 31 until April 7 to protect places of worship during Easter celebrations.

In April authorities denied an Algerian woman citizenship for refusing to shake hands with male officials at a French nationalization ceremony in the Department of Isere in the Auvergne-Rhone-Alpes Region due to her religious convictions.  The country’s top administrative court, the Council of State, ruled there were sufficient grounds to do so since the woman’s refusal “in a place and at a moment that are symbolic, reveals a lack of assimilation,” and that the decision was not detrimental to her freedom of religion.

On September 4, a court in Nanterre fined the Union of Clichy Muslim Association (UAMC) 17,000 euros ($19,500) for organizing Friday street prayers on 34 occasions without first informing city or prefecture officials of its plans.  The UAMC had been conducting the street prayers as a protest in front of the mayor’s office in Clichy-la-Garenne, after the town declined to renew the UAMC’s lease on a space it had been using as a mosque and expelled the group from the site in 2017.  The UAMC had rejected as inadequate an alternative space offered by the town.

According to the Ministry of Justice, as of August 2017 the penitentiary system employed the following number of chaplains:  695 Catholic, 347 Protestant, 224 Muslim, 76 Jewish, 54 Orthodox Christian, 170 Jehovah’s Witness, and 19 Buddhist.  In detainee visiting areas, visitors could bring religious objects to an inmate or speak with the prisoner about religious issues but could not pray.  Prisoners could pray in their cells individually, with a chaplain in designated prayer rooms, or, in some institutions, in special apartments where they could receive family for up to 48 hours.

On June 19, the administrative court of Nice ordered the Mayor of Cannes to refund a fine levied on a woman for violating an “anti-burkini order” at the beach.  In August 2016, municipal police had fined the woman and told her she could not remain at the beach while wearing a burkini.  After the terrorist attack in Nice in 2016, Cannes and several other coastal cities banned burkinis on the beaches.  However, later that same year, the Council of State ruled that these decrees were illegal.

On August 10, the UN Human Rights Committee (UNHRC) criticized a 2014 Supreme Court ruling upholding the 2008 dismissal of a woman from a private nursery in the town of Chanteloup-les-Vignes for refusing to remove her veil at work.  The council stated that prohibiting a person from wearing a headscarf in the workplace interfered with her right to manifest her religion.

On October 23, the UNHRC found the country violated the human rights of two women by fining them for wearing niqabs in two separate cases in 2012.  The committee received the complaints in 2016 and issued the decisions in the two cases concurrently.  The government had 180 days to report to the committee action taken to respond to the violation and to prevent similar violations in the future.  On October 23, the government issued a statement declaring “the total legitimacy of a law [prohibiting concealment of the face in public spaces] whose goal is to uphold the conditions for living together harmoniously while fully exercising one’s civil and political rights,” and adding, “Everyone is free to appear in public wearing clothing that expresses a religious conviction, so long as it allows the face to be seen.”  The statement cited a ruling by the country’s Constitutional Court that the law complied with the constitution and a European Court of Human Rights ruling that the law did not infringe upon freedom of conscience or religion and was not discriminatory.  In its statement, the government said it would convey its views in a follow-up report to the UNHRC.

On December 11, the senate adopted a resolution reaffirming the importance of the 2010 law prohibiting the concealment of the face in public spaces and calling on the government to maintain the legal framework “relative to the wearing of the full-face Islamic veil in the public space.”

UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Fionnuala Ni Aoilain expressed concern that counterterrorism legislation enacted in 2017 restricted freedom of religion, movement, and expression in the country.  After a weeklong visit in May, Ni Aoilain said, “the scope of these measures constitutes a de facto state of qualified emergency in ordinary French law.”  She said the government treated Muslims as a “suspect community” through the “broad application” of counterterrorism law and called the closure of mosques a restriction on religious freedom.

Pursuant to the 2014 agreement between France and the United States on Compensation for Certain Victims of Holocaust-Related Deportation from France Who Are Not Covered by French Programs, the United States established the Holocaust Deportation Claims Program.  Under the agreement, which entered into force on November 1, 2015, France provided a lump sum of $60 million to the United States for distribution to eligible claimants.  At year’s end, payments to claimants from this fund totaled $30,028,500.

Speaking on March 19 at the National Museum of the History of Immigration in Paris, Prime Minister Edouard Philippe announced the broad outlines of a three-year national action plan, covering the 2018-2020 period, to combat racism and anti-Semitism in the country, with a strong focus on countering online hate content.  Accompanied by seven other ministers and the head of the Interagency Delegation to Counter Racism, Anti-Semitism and Anti-LGBT Hatred (DILCRAH), Philippe stated the action plan would have four key targets:  countering online hate content; improving victim protection services; anti-racism education; and developing new areas of mobilization against hate.

The plan would encompass specific measures, including:  advocating for an EU-level law to require social media platforms to more quickly remove hate content on their servers; imposing heavy fines on social media companies that failed to remove hate content within 24 hours; increasing the capacity and staffing of the government’s Pharos online platform to register and remove online hate content; creating a national anti-racism prize named after Ilan Halimi, a young Jewish man killed in 2006, to recognize the efforts of youth fighting racism and anti-Semitism; and launching a campaign to increase awareness of racism in sport.  The prime minister said a three-person committee would develop the details of the action plan and submit it to the government for review and implementation.

In a July 5 speech before the Representative Council of Jewish Institutions in France (CRIF), then-Interior Minister Collomb announced the extension of law enforcement’s online “precomplaint” system to racist and anti-Semitic acts in order to facilitate action and “prosecute anti-Semitic offenders even more effectively.”  The system previously was restricted to property crimes.  Grievants may submit their identity and contact information, the location of an incident, and other relevant facts on a government website and, after filling out the precomplaint, go to a police station to sign and validate the complaint to initiate an investigation.

On May 15, the Observatory for Secularism, a body comprised of 15 senior civil servants, parliamentarians, legal experts, and intellectuals who advise the government on the implementation of the “principle of secularism,” released its fifth annual report evaluating secularism in schools, public spaces, and hospitals.  According to the report, the subject of secularism remained a sensitive one, although “direct attacks on secularism” were not widespread.  The report stated there was a need for training and education to overcome “deep ignorance” of the law.

President Macron delivered his New Year’s greetings to the country’s religious communities at the Elysee Presidential Palace on January 4.  He welcomed two representatives each from Catholic, Protestant, Orthodox, Muslim, Jewish, and Buddhist groups.  Prime Minister Philippe and then-Interior Minister Collomb also attended.  Macron’s speech focused mainly on secularism, which he underlined as a fundamental pillar of the country, before highlighting the essential place for religion in society and the importance of teaching theology.  The president hailed the role played by Christian charitable organizations in assisting refugees while recalling the “ethical tension” between the right of asylum and “the reality of our society, its capacity to welcome.”  Macron also said he would meet religious community leaders on a regular basis behind closed doors to consult on various topics.  He cited the need to “structure” Islam in the country and to train imams to fight radicalization.  “I will help you,” he said.

On June 12, then-Interior Minister Collomb attended an iftar hosted by the French Council of the Muslim Faith (CFCM), the official government structure responsible for relations with the country’s Muslim community.  Collomb, whose ministry oversees government relations with religious communities, strongly defended secularism and stated the government “will never accept … the stigmatization of a religion” nor “to reduce Islam to Islamism.”  He said the country must focus on the preventing radicalization, training for imams, sources of financing of mosques, and structuring the administration of Islam in the country.  “It is up to the Muslims of France to address these issues in the long-term,” he said.  Attendees at the event included Muslim community leaders, interfaith leaders, other government officials, and ambassadors.

On June 25, then-Minister Collomb announced a nationwide consultation process with the Muslim community to reform the organization and the funding of Islam in the country.  Prefects in each department would hold listening sessions with local representatives from the Muslim community on issues related to institutional representation, financing of Islamic places of worship, and training of imams.  He stated the dialogue would strive to include all the diversity of the Muslim community, including younger and female voices, as well as civil society members, according to an administrative circular he sent to prefects.  The government said it expected to release the results of the dialogue in 2019.

Speaking before the Conference of Catholic Bishops of France (CEF) on April 9, President Macron said he supported “repairing” ties between the state and the Catholic Church.  Macron was the first sitting president to speak at a CEF event.  He stated the Catholic Church should engage in the political debate on key issues important to the Church, such as treatment of migrants, possible legislative changes concerning bioethics, and medically assisted reproduction for single women and lesbian couples, and generally encouraged Catholics to engage more in politics.  His appearance generated criticism from left-wing politicians, including Jean-Luc Melenchon, Alexis Corbiere, and Olivier Faure, who said it flouted the strict separation of church and state mandated by the law on secularism.

President Macron met with Pope Francis at the Vatican on June 26 to discuss immigration and other challenges facing Europe.  The Vatican described the meeting as “cordial” and said it highlighted the “good existing bilateral relations” between the two nations.  Speaking later to the press, Macron described the meeting as “intense” and said he told Pope Francis that the “progressive way to handle the migrant crisis was through a true policy of development for Africa.”

On January 9, Prime Minister Philippe, then-Interior Minister Collomb, Justice Minister Nicole Belloubet, and government spokesperson Benjamin Griveaux attended a memorial ceremony outside a Paris kosher supermarket, where two years earlier a gunman had killed four Jews and held 15 other people hostage.  Former President Francois Hollande and former Prime Ministers Manuel Valls and Bernard Cazeneuve also attended the event.

On July 22, Prime Minister Philippe held a ceremony in Paris honoring the victims of the Velodrome d’Hiver roundup of July 1942 in which 13,000 French Jews, including 4,000 children, were deported to extermination camps.  “There is one area in which we must do better, that of the restitution of cultural property,” stolen during the Nazi occupation, Philippe said.  A Ministry of Culture report submitted in April to Culture Minister Francoise Nyssen criticized the current policy of restitution as inefficient and lacking ambition, coordination, leadership, and visibility.  As a result, the Commission for the Compensation of the Victims of Spoliation was to examine all cases of restitution and transmit its recommendations to the prime minister, according to an official statement released by the Ministry of Culture.  In addition, the Ministry of Culture said it would take a more active role in the search and restitution of stolen properties.  The report identified 2,008 cultural works with no identified owner.

Recalling his plan to fight racism and anti-Semitism launched in March, Prime Minister Philippe reiterated his “absolute desire to change French law and European law to remove hate content on the internet, to unmask and punish its authors.”

President Macron and government ministers condemned anti-Semitism and declared support for Holocaust education on several occasions including the March 7 annual CRIF dinner; the March 19 commemoration of the sixth anniversary of the killings of three Jewish children and their teacher by Mohammed Merah in Toulouse; the April 30 Holocaust Remembrance Day commemoration; and the June 1 French Judaism Day observance.

In a November 9 Facebook post, Prime Minister Philippe announced the number of anti-Semitic acts committed in the first nine months of the year rose by 69 percent compared to the same period in 2017.  Philippe did not quote the exact numbers of anti-Semitic acts or their nature, such as physical attacks, threats, or vandalism.  Underlining that his announcement coincided with the 80th anniversary of the Kristallnacht pogrom by the Nazis against Jews, PM Philippe wrote, “Every aggression perpetrated against one of our citizens because they are Jewish echoes like the breaking of a new crystal…. We are very far from being finished with anti-Semitism.”  Referencing Elie Wiesel’s “danger of indifference,” Philippe pledged the government would not be indifferent and recalled recent acts taken to combat anti-Semitism.  Acts he cited included toughening of rules against hate speech online; mobilizing a national rapid-response team from the Ministry of Education and DILCRAH to support teachers reporting cases of anti-Semitism; and the trial use of a network of investigators and magistrates specifically trained in the fight against hate acts, which could later be extended nationwide.

On December 20, Education Minister Jean-Michel Blanqer announced the launch of an online platform that teachers could use to report cases of anti-Semitism and racism to the education ministry.

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

As part of an established exchange program, the government continued to host the visit of 30 Moroccan, 120 Algerian, and 151 Turkish imams to promote religious tolerance and combat violent extremism within Muslim communities.  The imams’ countries of origin paid their salaries.  During Ramadan, when there was an increased number of worshippers, between 250 and 300 imams came to France temporarily.

On June 11, the Diocese of Vannes moved a 25-foot-tall statue of Saint Pope John Paul II from public land in Ploermel in Brittany to a Catholic school in the same town.  In 2017, the Council of State had ruled the statue could remain on public land but ordered the removal of the cross on the statue within six months because it violated the law separating church and state.  Rather than removing the cross, the diocese elected to move the entire statue to Church-owned land.  Some Christians and politicians criticized the decision, calling it another example of efforts to erase the country’s Christian heritage.

According to the latest government estimates available, the MOI reported registered crimes targeting Muslims (threats or violence) totaled 100, down from 121 in 2017; there were an additional 45 acts of vandalism against Muslim places of worship and six acts of desecration against Muslim cemeteries.  The reported anti-Semitic crimes (threats or violence) increased to 541, compared with 311 in the previous year.  Despite an overall increase resulting from a significant rise in threats, violent acts against Jews fell from 97 to 81.  Anti-Semitic threats rose from 214 in 2017 to 358, and acts of vandalism totaled 102.  The government also reported 1,063 anti-Christian incidents, most of which involved vandalism or other acts against property, compared with 1,038 in 2017.  The government did not provide a detailed breakdown of anti-Muslim or anti-Christian acts registered during the year.

On March 23, Holocaust survivor Mireille Knoll, aged 85, was found dead in her Paris apartment.  An autopsy revealed she had been stabbed at least 11 times before being burned in a fire, which was ruled to be arson.  Authorities arrested two individuals in connection with the killing and placed them in pretrial detention.  The Paris prosecutor’s office was investigating the killing as a hate crime.  After the incident, thousands of people participated in a “white march,” a silent gathering to commemorate the victim, in Paris.  On May 27, President Macron stated Knoll was “murdered because she was Jewish.”

In February unknown individuals placed acid in the stroller of a rabbi’s baby daughter in Bron.  The child suffered burns on her back and legs.  According to an ongoing police investigation, anti-Semitic motives were involved.

In March police arrested four teens suspected of beating a Jewish boy with a stick and taking his kippah outside a synagogue north of Paris.  The suspects reportedly called the boy and his siblings “dirty Jews.”

On August 24, a man attacked two male worshippers with a bicycle chain as they were leaving a mosque in the town of Lens, near Calais.  The Mayor of Lens, Sylvain Robert, condemned the attack in a statement.  According to the mayor, during his court hearing, the accused cited “ideological and racist” justifications for his act.  On September 26, the Lens Court sentenced the accused to an 11-month prison sentence for aggravated assault, referencing the racist nature of the attack.

In July a psychiatric evaluation of Kobili Traore, charged with killing his 65-year-old Jewish neighbor, Sarah Halimi, in 2017, determined Traore was not responsible for his actions and therefore unable to stand trial.  Authorities were planning to conduct a third psychiatric evaluation of Traore, who remained incarcerated at year’s end.  On February 27, reversing a previous decision, the judge presiding over the case added the charge of anti-Semitism as a motive for the crime.  The magistrate made this decision after hearing testimony from Traore.  In a statement, CRIF hailed the judge’s decision and expressed “satisfaction” and “relief.”

Authorities scheduled a new trial for March 2019 in Paris Criminal Court for Abdelkader Merah on the charge of complicity in the killing by his brother, Mohammed Merah, of seven persons outside a Jewish school in Toulouse in 2012.  In November 2017, prosecutors appealed the 2017 acquittal of Abdelkader Merah on the complicity charge; the court had convicted him on the lesser charge of criminal terrorist conspiracy.

By year’s end authorities had not set a date for the trial of five individuals arrested in November 2017 and charged with carrying out an attack on a Jewish family in Livry Gargan earlier that year.

On July 6, a court in Val-de-Marne sentenced three young men who carried out a rape and robbery of a Jewish couple in the Paris suburb of Creteil in 2014.  Abdou Salam Koita and Ladje Haidara, who committed the rape, were present in court.  Houssame Hatri, who made anti-Semitic slurs during the attack, remained at large and was convicted in absentia.  The three, who were sentenced to eight, 13, and 16 years in prison, respectively, bound and gagged their victims before carrying out the rape and stealing jewelry and bank cards.  “Jews do not put money in the bank,” one of them reportedly said.  During the attack Hatri also reportedly said that the attack was “for my brothers in Palestine” before suggesting the perpetrators should “gas” their victims.  Two accomplices received sentences of five and six years in jail.

On June 29, the Paris prosecutor’s office opened an investigation into anti-Semitic letters received by at least six Jewish associations, including CRIF.  The letters, signed by “The Black Hand,” were posted June 18 and referred to the killing of Mireille Knoll, according to press reports.  The letters read in part, “Dear Jews, you bitterly mourn the death of an old Jew murdered for her money.  We think you pay little for the number of crimes you commit every day.  Enjoy it, because the day of punishment will come.”

In December the European Union’s Agency for Fundamental Rights (EU-FRA) released its second survey of Jewish experiences and perceptions of anti-Semitism.  EU-FRA targeted Jewish populations through community organizations, Jewish media, and social networks; 3,869 individuals who identified themselves as Jewish residents of France responded to the online survey.  Twenty-two percent said they had witnessed other Jews being physically attacked, insulted, or harassed in the previous 12 months, and 27 percent reported being harassed over the same period.  One-fifth of respondents said they had felt discriminated against because of their religion or belief; 93 percent thought anti-Semitism had increased over the previous five years.

The annual report of the National Consultative Commission on Human Rights, an advisory body to the prime minister, released in March, included the results of a poll conducted in November 2017 by the Ipsos Institute, a research and consulting company, involving face-to-face interviews with a representative sample of 1,003 residents over the age of 18.  According to the poll, 38.2 percent of the respondents (2 percent fewer than in 2016) believed Jews “have a particular relationship with money,” and 19.7 percent thought Jews had too much power in the country.  The same poll found 29.5 percent of respondents had a negative image of Islam and 43.9 percent (2.1 percent fewer than in the previous year) of them considered it a threat to national identity.  The report also cited what it said was persistent societal rejection of Islamic religious practices, such as of prayer and women wearing a veil.  According to the report, there was a decrease in anti-Semitic and racist acts compared with 2016, “despite a general context favorable to the rejection of the other, notably marked by terrorism, the arrival of migrants, unemployment, the importance of security issues reported in the media, and the rise in populism in Europe.”

In May Maryam Pougetoux, aged 19, the leader of the Sorbonne chapter of the French National Students’ Union, set off a debate by wearing a hijab on national television.  Laurent Bouvet, a secularist and member of Le Printemps Republicain (Repulican Spring), a group created to defend secularism, stated in a Twitter post, “We aren’t hunting anyone but merely pointing to the inconsistency” of Pougetoux wearing a hijab, arguing it contradicted her support for abortion rights and other “feminist principles.”  Then-Interior Minister Collomb called her appearance “shocking,” while Marlene Schiappa, the junior minister for gender equality, said she saw in Pougetoux’s act a “form of promotion of political Islam.”  Hijabs are permitted on college campuses.

According to media reports, on June 28, a judge fined a tobacco shop owner in the town of Albi 1,000 euros ($1,100) for refusing goods and services to a Muslim woman who was wearing a jilbab.  The woman had come to the merchant’s store to pick up a parcel she had delivered there.  The woman’s face was visible when she presented her identity card to the shop owner, and she offered to remove her veil in a setting where no men were present, according to reports.  The judge also ordered the shop owner to pay to each of the four women who accompanied the plaintiff to the store 800 euros ($920) for moral damages and 500 euros ($570) for legal fees, as well as 800 euros ($920) in damages each to the International League against Racism and Anti-Semitism and the Movement Against Racism and Friendship Between Peoples, and one euro ($1) to the Collective Against Islamophobia in France (CCIF).

On Easter Monday (April 2), unidentified individuals vandalized the church of Fenay, near Dijon.  According to the parish priest, the attackers broke the door of the sacristy with an ax, then threw down and trampled the consecrated hosts.  “This is a deliberate act of desecration,” said the priest, who filed a complaint, according to press reports.  The investigation continued at year’s end.

On January 26, unknown individuals painted a large swastika at the entrance to the Council of Europe in Strasbourg.

On June 17, Strasbourg celebrated the 11th anniversary of its interfaith dialogue initiative, which continued to bring together religious leaders from Protestant, Jewish, Catholic, Muslim, Hindu, and Buddhist faiths.

In July, for the second consecutive year, young Christians and Muslims from across the country, Europe, North Africa, sub-Saharan Africa, and the Middle East participated in a three-day “weekend of friendship” event at the Taize Ecumenical Community in the Department of Saone-et-Loire.  The approximately 200 participants addressed a series of questions from the organizers on prayer, religious freedom, and fasting.

In December 80 civil society representatives from 25 countries attended the ninth annual Muslim-Jewish Conference in Paris, exchanging best practices and discussing ways to combat anti-Semitism and anti-Islamic sentiment.  The organizers said interfaith dialogue was more important than ever and committed to supporting Jewish and Muslim communities in the country and around the world.

The Council of Christian Churches, composed of 10 representatives from the Protestant, Catholic, Orthodox, and Armenian Apostolic Churches, continued to serve as a forum for dialogue.  One observer represented the Anglican Communion on the council.  The council met twice in plenary session and twice at the working level.

Legal Framework

The constitution (also known as the basic law) prohibits discrimination based on religious opinion and provides for freedom of faith and conscience and the freedom to profess a religious or philosophical creed and to practice one’s religion.  The constitution also prohibits an official state church.  It stipulates no one shall be required to disclose his or her religious convictions nor be compelled to participate in religious acts.  The constitution states religious instruction shall be part of the curriculum in public schools and that parents have the right to decide whether their children shall receive religious instruction.  It recognizes the right to establish private denominational schools.  The constitution guarantees the freedom to form religious societies and states groups may organize themselves for private religious purposes without constraint.  It allows registered religious groups with Public Law Corporation (PLC) status to receive public subsidies from the states and provide religious services in the military, at hospitals, and in prisons.

The federal criminal code prohibits calling for violence or arbitrary measures against religious groups or their members or inciting hatred against them.  Violations are punishable by up to five years in prison.  It also prohibits “assaulting the human dignity of religious groups or their members by insulting, maliciously maligning, or defaming them,” specifying a maximum penalty of five years in prison, although prison sentences are rare.  The prohibition and the penalties apply equally to online speech.  The federal criminal code prohibits disturbing religious services or acts of worship, with violators subject to a fine or imprisonment for up to three years.  The law bans Nazi propaganda, Holocaust denial, and fomenting racial hatred, specifying a penalty of up to five years’ imprisonment.

The law permits the federal government to characterize “nontraditional” religious groups as “sects,” “youth religions,” and “youth sects,” and allows the government to provide “accurate information” or warnings about them to the public.  The law does not permit the government to use terms such as “destructive,” “pseudo-religious,” or “manipulative” when referring to these groups.  Several court decisions have ruled the government must remain neutral towards a religion and may provide a warning to the public only if an “offer” by a religious group would endanger the basic rights of an individual or place the individual in a state of physical or financial dependence.

Religious groups wishing to qualify as nonprofit associations with tax-exempt status must register.  State-level authorities review registration submissions and routinely grant tax-exempt status; if challenged, their decisions are subject to judicial review.  Religious groups applying for tax-exempt status must provide evidence through their statutes, history, and activities that they are a religious group.

A special partnership exists between the states and religious groups with PLC status, as outlined in the constitution.  Any religious group may request PLC status, which, if granted, entitles the group to levy tithes on members (averaging 9 percent of income tax) that each state collects on its behalf, separately from income taxes, but through the state’s tax collection process.  PLCs pay fees to the government for the tithing service, but not all groups with PLC status utilize the service.  PLC status also allows for tax exemptions (larger than those given to groups with nonprofit status), representation on supervisory boards of public television and radio stations, and the right to special labor regulations, for example, requiring employees in hospitals, kindergartens, or NGOs run by a religious group to be members of that group.  State governments subsidize institutions with PLC status providing public services, such as religious schools and hospitals.  Due to historic “state-church contracts” dating back to before the Weimar republic, all state governments except for Bremen and Hamburg subsidize the Catholic Church and the EKD with different yearly amounts.

According to the constitution, the decision to grant PLC status is made at the state level.  Individual states base PLC status decisions on a number of varying qualifications, including an assurance of the group’s permanence, size, and respect for the constitutional order and fundamental rights of individuals.  An estimated 180 religious groups have PLC status, including Catholics, the EKD, Baha’is, Baptists, Christian Scientists, Jehovah’s Witnesses, Jews, Mennonites, Methodists, the Church of Jesus Christ, the Salvation Army, and Seventh-day Adventists.  Ahmadi Muslim groups have PLC status in the states of Hesse and Hamburg; no other Muslim communities have PLC status.  The COS does not have PLC or nonprofit status in any state.

According to a ruling by the Federal Constitutional Court, general headscarf bans for teachers at public schools are a violation of religious freedom, but implementation is left to the states, which may determine if special circumstances apply.  Bavaria, North-Rhine Westphalia (NRW), and Saarland render decisions on a case-by-case basis.  Schleswig-Holstein, Hamburg, and Bremen do not prohibit headscarves for teachers.  Hesse permits teachers to wear headscarves as long as doing so does not impair “school peace” or threaten perceptions of state neutrality.  A law in Berlin bans visible signs of religious affiliation for police, lawyers, judges, law enforcement staff, and primary and secondary public school teachers.  The Berlin law permits teachers at some categories of institutions, such as vocational schools, to wear headscarves.  Other states have laws that restrict religious attire in certain circumstances.

In April the Bavarian Parliament amended its legislation to prohibit judges, prosecutors, and judicial trainees from wearing religious symbols in court.

Citing safety reasons and the need for traffic law enforcement, federal law prohibits the concealment of faces while driving.  Infractions are punishable by a 60 euro ($69) fine.

Some federal and state laws affect religious practices.  Federal animal protection laws prohibit the killing of animals without anesthesia, including as part of halal and kosher slaughter practices.  However, there are exceptions.  Pursuant to a Federal Administrative Court decision, trained personnel may kill animals without anesthesia in a registered slaughterhouse under observation of the local veterinary inspection office if the meat is for consumption only by members of religious communities whose beliefs require slaughtering animals without anesthesia.

According to federal law, religious groups may appoint individuals with special training to carry out circumcision of males under the age of six months.  After six months, the law states circumcisions must be performed in a “medically professional manner” and without unnecessary pain.

All states offer religious instruction and ethics courses in public schools.  Religious communities with PLC status (or without such status that have concluded a special agreement with the state that grants them this right) appoint religion teachers and work with the states to set the curriculum for religious education in line with the constitution; the states pay the teachers’ salaries.  Most public schools offer the option of Protestant and Catholic religious instruction in cooperation with those Churches, as well as instruction in Judaism if enough students (usually 12, although regulations vary state to state) express an interest.  The states of Bavaria, Baden-Wuerttemberg, Berlin, Hesse, Lower Saxony, NRW, Rhineland-Palatinate, Saarland, and Schleswig-Holstein also offer some religious instruction in Islam, with the teachers provided by the religious community or by the government, depending on the state.  In Bavaria and Schleswig-Holstein, the state provides this instruction; in the other federal states, Muslim communities or associations do.  In Hamburg and Bremen, nondenominational religious instruction for all students is offered by the Protestant Church and the state, respectively.

In Bavaria, teachers provide Islamic instruction to approximately 15,000 students in 219 primary schools and 118 middle and secondary schools under a pilot program expiring in 2019.  In the fall, NRW began providing Islamic religious instruction in 20 occupational (vocational) schools.

Students who do not wish to participate in religious instruction may opt out; in some states those who opt out may substitute ethics courses.  State authorities generally permit religious groups to establish private schools as long as they meet basic curriculum requirements.  Schooling is constitutionally mandated, and homeschooling, including for religious reasons, is prohibited in all the states.

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

Government Practices

In January the federal government created the new position of commissioner for Jewish life in Germany and the fight against anti-Semitism.  The new commissioner, Felix Klein, started work in May.  The appointment followed federal parliament enactment of a resolution entitled “Resolutely Combating Anti-Semitism” on January 18.  The resolution called for creation of an anti-Semitism commissioner and expressed appreciation for the government’s 2017 decision to adopt the International Holocaust Remembrance Alliance’s (IHRA’s) working definition of anti-Semitism.  It also called for deportation of foreigners that incite anti-Semitic hatred, “determined” countering of the Boycott, Divestment, and Sanctions (BDS) movement, continued punishment for persons who denied or trivialized the Holocaust, and further financing – including with Muslim organizations and mosques – for projects to combat anti-Semitism, as well as continued financial support for Jewish communities and memorials of the Holocaust.  A 2017 report on anti-Semitism in the country by independent experts had also called for the appointment of a federal commissioner on anti-Semitism, as well as improved documentation and punishment of anti-Semitic crimes and better advisory services for those affected by anti-Semitism.

In October Klein announced that he planned to implement a nationwide system of recording anti-Semitic incidents below the threshold of criminal offenses.  During a visit to Israel, he announced cooperation with the Israeli government in encouraging third party states to apply the IHRA definition of anti-Semitism and to develop codes of conduct for governments’ interactions with social media companies to combat online anti-Semitism.  On December 20, Klein announced the 2019 launch of a nationwide online platform for reporting anti-Semitic incidents.  The platform will be run by the Research and Information Center for Anti-Semitism (RIAS), a nonprofit organization that receives some federal and state funding.  The Ministry of Interior also announced it would establish a separate anti-Semitism department and add experts on Jewish life to the religious department.  Klein repeatedly encouraged the federal states to establish their own anti-Semitism commissioners.

Rhineland-Palatinate, Baden-Wuerttemberg, Hesse, Bavaria, Saarland, Saxony-Anhalt and NRW established anti-Semitism commissioners.  The responsibilities and functions of the position varied by state, but generally included developing contacts with the Jewish community, collecting statistics on anti-Semitic incidents, and designing education and prevention programs.  In November the federal and state level anti-Semitism commissioners met for the first time to discuss best practices and identify areas of cooperation.

In November Baden-Wuerttemberg opened an anti-discrimination office.  The state government said it would serve as a point of contact for those experiencing any form of discrimination, including religious discrimination.

In March NRW Minister-President Armin Laschet advocated granting PLC status to Muslim organizations.  In January the Ahmadiyya Muslim Jamaat requested PLC status in NRW, and the application was pending at year’s end.

In November Rhineland-Palatinate announced it was planning to sign a state agreement with the Muslim Alevite community.  According to the state chancellery, the agreement would outline conditions for Alevi holidays and religious instruction in schools.  At year’s end, four Rhineland-Palatinate elementary schools offered Alevi religious instruction.  The government was scheduled to sign the agreement in March 2019.

In August the state of Rhineland-Palatinate announced it would stop negotiations to establish a “religion treaty” with the Turkish Islamic Union for Religious Affairs (DITIB) and three other Islamic organizations, Schura Rheinland-Palatinate, Ahmadiyya, and the Association of Islamic Cultural Centers.  Such an agreement would have been a precondition for introducing state-wide Islamic religious education in public schools, but the state followed two expert opinion reports that had questioned DITIB’s independence from the Turkish government and the organizations’ “constitutional adequacy” as official partners for the state.  State authorities also classified DITIB and Schura as “suspicious.”

In December media reported the Hesse State criminal police office started an investigation of a possible neo-Nazi network in Frankfurt’s police force after a group of police officers allegedly sent a threatening letter to a German lawyer of Turkish origin.  In August investigators said they had found police officials used a work computer to look up the lawyer’s personal information without an official reason, and also found a group of five police officers had been sharing neo-Nazi images and content.  Authorities suspended the five officers from duty, and the case remained under investigation at year’s end.

According to reports from the federal Office for the Protection of the Constitution (OPC) – the domestic intelligence service – and state OPCs and COS members, the federal and state OPCs in Baden-Wuerttemberg, Bavaria, Berlin, Bremen, Hamburg, Lower Saxony, NRW, and Thuringia continued to monitor the activities of the COS, reportedly by evaluating Scientology publications and members’ public activities to determine whether they violated the constitution.  In September following the opening of new representational COS offices in Stuttgart, a Baden-Wuerttemberg state OPC spokesperson said state and national COS membership had decreased by one third since 1997, and suggested that the OPC’s monitoring of the COS deterred membership.  COS leadership disputed the state OPC’s statement that membership had declined.  At least four major political parties (the Christian Democratic Union (CDU), the Christian Social Union (CSU), the Social Democratic Party (SPD), and the Federal Democratic Party (FDP)) continued to exclude Scientologists from party membership.

Federal and state OPCs continued to monitor a number of Muslim groups, including Salafist movements, ISIS, Hezbollah, Hamas, Turkish Hezbollah (TH), Hizb ut-Tahrir, Tablighi Jama’at, Millatu Ibrahim, the Islamic Center Hamburg (IZH), the Muslim Brotherhood, and Milli Gorus.  The website of NRW’s OPC stated the Muslim Brotherhood “rejects democracy.”

Groups under OPC observation continued to say their status as meriting OPC scrutiny implied they were extremist and constrained their ability to apply for publicly funded projects.

In January the Hamburg Regional Court acquitted 12 alleged members of the banned Salafist group Millatu Ibrahim.  The Hamburg state attorney’s office charged that the men had, among other offenses, stormed a mosque in Luebeck, Schleswig-Holstein in 2013 and threatened to kill those who did not adhere to Millatu Ibrahim’s convictions.  The state attorney’s office stated it was convinced of the defendants’ guilt but that it had failed to prove the allegations.

In July Hamburg began to record hate crimes in a more detailed manner.  Hamburg Justice Senator (the city-state’s minister of justice) Till Stefen told the newspaper Welt in June the statistics would improve sentencing and make sociopolitical developments more visible.  Stefen added, “We need new sources to make anti-Semitic crimes visible.”  Hamburg State Attorney General Jorg Frohlich stated that collecting the new statistics would require significant additional work but that “every progress is worthwhile” when combating hate crime.

In September Bavaria established a hotline for reporting anti-Semitic incidents, according to the state’s anti-Semitism commissioner.  Bavarian authorities said the hotline would begin operations in spring 2019.

In May federal statistical data on the number of anti-Muslim and anti-Christian hate crimes became available for the first time.  Police had added the categories to their criminal statistics in 2017.  Anti-Semitism was already a category of hate crime in federal crime statistics.

In February Baden-Wuerttemberg announced the state would start organizing training for Muslim chaplains at correctional facilities, rather than rely on outside organizations to conduct the training.  In the same month media reported the state OPC had barred three of 16 imams who were graduates of a third-party training course from serving as prison chaplains because of what the OPC said were the imam’s contacts with radical Islamist organizations.

In May Bavarian Minister-President Markus Soeder announced a decree requiring public offices to display a cross in a visible place at the entrance area of the building where they were located.  According to Soeder, the decree was intended to highlight Bavaria’s cultural and historical roots.

In March the Federal Constitutional Court dismissed the suit of a woman who wanted to drive wearing a niqab.  The court stated the woman had not sufficiently demonstrated how the law prohibiting driving with a face covering restricted her religious freedom.

In March the Koblenz police district completed a disciplinary review of a male Muslim police officer who in 2017 refused to shake the hand of a female colleague, citing religious reasons.  Police officials disciplined the officer, and ordered him to pledge his allegiance to the constitution in writing and pay a fine of 1,000 euros ($1,100).  They also instructed the officer, on penalty of dismissal, not to refuse to shake the hands of women in the future when acting in an official capacity.

In May the Berlin Labor Court ruled against a teacher in Berlin who had sued the school system in 2017 for transferring her from a primary school to a school for older children because state law barred women who wore a headscarf from teaching younger children.  The court decided the state administration had the right to transfer its teachers to any other post of the same salary level.

In November the State Labor Court of Berlin and Brandenburg awarded approximately 5,000 euros ($5,700) to a job applicant in compensation for discrimination on the grounds of religion.  The job applicant, trained in information technology, said the school where she applied to work as a teacher had rejected her because she wore a headscarf.  In May the local labor court had ruled that, because teachers served as a model for young students, the school was justified in limiting her religious freedom and asking her to teach without a headscarf.  The state court, however, saw no indication that a teacher wearing a headscarf would have threatened “school peace,” and quoted the Federal Constitutional Court’s 2015 decision that such a threat was a necessary condition for prohibiting teachers from wearing headscarves.

In April the NRW integration ministry announced it would examine legal requirements for a headscarf ban for girls younger than 14, the age of so-called “religious majority.”  The state integration minister stated in an interview that wearing a headscarf was a personal decision, but children lacked the self determination to decide and should not be pressured.  Critics of the proposed ban, including some teachers, asked how the ban would be enforced.  The federal integration commissioner and the chairwoman of the Federal Anti-Discrimination Agency spoke against the ban while federal FDP Party Chair Christian Lindner and CDU Party Vice Chair and federal Minister of Agriculture Julia Kloeckner supported it.  By year’s end, the NRW state government had not decided on the proposed ban and said it expected to continue debating the issue through the end of 2019.

In April a Muslim woman wearing a niqab left a reception by Heiner Bernhard (SPD Party), the mayor of Weinheim in Baden-Wuerttemberg, after she refused a request by a town employee to show her face.  The mayor stated he wished “to greet all citizens of his town face to face,” and that he considered it a “citizen’s duty” to show one’s face in a democratic state.  Shortly before the incident, the municipality had refused to process a pending passport application for the woman’s child because, according to Mayor Bernhard, the mother declined to show her face for identification purposes, as required by law, while applying for the passport on behalf of her child.  Bernhard told the newspaper Welt, “For identity verification, we had to see the woman’s face.  She could have gone to a separate room in our town hall.”

In September the city of Pforzheim announced it had reversed a regulation requiring Muslim women wishing to wear a headscarf in their driver’s license photograph to present evidence of their faith through a certificate from their mosque or religious community.  Earlier in the year, a Muslim woman’s tweet about the requirement had generated strong criticism of it on social media.  The new policy required certificates of faith only in cases where there was reasonable doubt about the religious motivation of those seeking to wear a headscarf in the photograph.

In February the AfD put forward a motion requesting the government to introduce legislation in parliament to prohibit full-face veils in public.  Citing the individual rights of Muslim women, the AfD motion stated that wearing a full-face veil was “an expression of the oppression of women” and of conscious distancing from “Western liberal society.”  At year’s end parliament was still debating the motion in committee.

In March the Bavarian Administrative Court rejected the complaint of a judicial trainee in Augsburg who in 2014 had sued to contest a Bavarian Ministry of Justice rule denying judicial trainees the right to wear a headscarf in court.  A lower court had previously sided with the plaintiff in 2016.

In July a majority of the citizens of Kaufbeuren, Bavaria voted in a referendum against leasing (for a symbolic fee) municipal real estate to the local DITIB organization on which to build a mosque.

In March the Higher Administrative Court in Muenster, NRW ruled that an event venue owner could not rent his venue for a Muslim circumcision celebration scheduled for Good Friday.  The ruling reaffirmed a December 2015 ruling by the Administrative Court in Cologne.  The circumcision itself had taken place several weeks before the scheduled celebration and the court ruled that the jubilant nature of the event contradicted the quiet nature of the Christian Good Friday observance, which several federal states, including NRW, legally enforced.

In February the Gelsenkirchen Administrative Court in NRW banned outdoor amplification of the call to prayer via speakers by a local mosque.  Following legal action by nearby residents in 2015, the Muslim community had to stop amplifying the prayer call outside of the mosque’s premises pending a court decision.  The court justified its decision in this specific case with the lack of citizen involvement and dialogue in the city’s first decision to grant the permit for the call to prayer but did not prohibit the call to prayer altogether.  In March the city announced it would appeal the decision prohibiting the amplification.  The city’s lawyer compared the call to prayer with the ringing of church bells and said the court had not respected the religious freedom of the Muslim community.

In October the Federal Labor Court ruled on new guidelines for the rights of religious communities as employers, ruling on a case in which the EKD-owned charity organization Diakonie denied employment to a social worker because she was not a member of a religious community.  Although the job description required applicants to belong to a Christian church, the court ruled that Diakonie could not deny her employment solely on that basis.  The court’s decision stated religious communities could no longer require applicants to belong to a religious community as a condition of employment unless religious communities could demonstrate that membership was required to perform the job.

In March the European Court of Human Rights unanimously held that the country’s courts’ decisions in 2013 to take Twelve Tribes Church children living in Bavaria into state care because of reports that Church members punished their children by caning had not violated Article 8 of the European Convention on Human Rights.

In March Foreign Minister Heiko Maas condemned rising anti-Semitism at schools after Muslim immigrant children bullied a Jewish girl at a Berlin elementary school.  The bullying reportedly included death threats.

In May the NRW Ministry of Schools and Education distributed resources on countering anti-Semitic bullying in schools to all schools and education authorities in the state.  The action followed reports indicating that bullying of Jewish students rose in 2017.  Politicians from the CDU/CSU called for action, including that schools pay more attention to communicating religious tolerance.

In December Hamburg’s parliament passed a resolution to strengthen preventive work against anti-Semitism.  The parliament allocated an additional 300,000 euros ($344,000) for school programs to combat anti-Semitism, including educational visits to former concentration camps, adult education, and anti-discrimination counseling.  The parliament said it would cooperate with Hamburg’s Jewish community and organizations to support their efforts to combat anti-Semitism, and that its efforts would target right-wing extremist groups.

In May the education ministry of Brandenburg, and the education ministries of Saarland and Rhineland-Palatinate in June, signed declarations of intent with Yad Vashem World Holocaust Remembrance Center in Israel to collaborate on Holocaust education in the states’ schools.  In November Hamburg’s education ministry introduced educational materials on Jewish life from Yad Vashem as part of a broader effort to combat anti-Semitism in schools.  Yad Vashem said it had concluded such agreements with 15 of 16 states in the country.

In June the Baden-Wuerttemberg state government announced plans to reorganize Islamic religious education in public schools.  Minister-President Winfried Kretschmann said that, because of the absence of a single Islamic partner organization, he proposed establishing a Sunni Muslim educational foundation that would serve as a mediator between the state and various Islamic associations.  The state government did not reach a decision on a new model for Islamic religious education and announced it would continue the existing system for an additional school year.

The Alevi Muslim community continued to offer separate religious lessons in schools in eight states for approximately 1,400 students.

In June Berlin Humboldt University, a public university, created an institute for Islamic theology and said it would begin training imams and religion teachers in 2019.  The state of Berlin pledged to provide 13.8 million euros ($15.83 million) in funding for the institute through 2022.  Humboldt University created the institute in cooperation with three Muslim associations – the Central Council of Muslims, Islamic Federation, and Islamic Association of Shia Communities – and the associations were to have a voice in selecting the institute’s professors.  Critics, including student organizations and the Berlin CDU, said they disapproved of the extent of the associations’ control over the institute’s board, or of what they described as the associations’ conservative orientation.

During campaigning for the October Bavarian state elections, the Bavarian AfD distributed posters calling for “Islam-free schools,” which the party explained as a call to end “Islamic education and headscarves in schools.”

The COS continued to report governmental discrimination.  “Sect filters,” which were signed statements by potential employees to confirm they had no contact with the COS, remained in use in the public and private sectors.  According to the COS, in September a Munich school refused to hire a teacher due to his membership in the COS.  The COS said the government also discriminated against firms owned or operated by its members.  According to the COS, Hamburg city officials asked one COS member to sign a “sect filter” when he attempted to purchase land from the city for his company.

In April the Berlin Administrative Court dismissed a suit that the mosque association Neukoellner Begegnungsstaette (NBS) had brought against the Berlin OPC in 2017.  NBS had sought to have the Berlin OPC remove the association’s name from its annual report and to stop stating NBS had ties to the Muslim Brotherhood.  The court ruled that the Berlin OPC’s statements that NBS had had contacts with the Islamic Community in Germany and that the latter group organized followers of the Muslim Brotherhood were valid.

In May the NRW state chancery spokesperson told media the state government stopped cooperation with DITIB due to the Turkish government’s influence over the group.

In July the Conference on Jewish Material Claims Against Germany (also known as the Jewish Claims Conference) and the government announced an increase of 75 million euros ($86 million) of government funding for social welfare services for Holocaust survivors, raising the yearly contribution from 405 million euros ($464.45 million) in 2018 to 480 million euros ($550.46 million) in 2019.  According to the commission, the increased funds would finance additional home care, food support, medicine, and transportation services for Holocaust survivors.

The government continued to subsidize some Jewish groups.  Based on an agreement between the federal government and the Central Council of Jews in Germany, the federal government increased its yearly support from 10 to 13 million euros ($11.47 to $14.91 million) to help maintain Jewish cultural heritage, restore the Jewish community, and support integration and social work.  In addition, the federal government provided financial support to the Institute for Jewish Studies in Heidelberg, the Rabbi Seminar at the University of Potsdam, and the Leo Baeck Institute, an international research group on the history and culture of German Jewry.

State governments continued to provide funds to Jewish communities and organizations in various amounts, for such purposes as the renovation and construction of synagogues.  The federal government continued to cover 50 percent of maintenance costs for Jewish cemeteries.  State and local police units continued to provide security for synagogues and other Jewish institutions.

In September the NRW government announced a ten-year plan totaling 44 million euros ($50.46 million), beginning in 2018 and ending in 2028, for the modernization and new construction of Jewish facilities and institutions.  The state said funding would begin at three million euros ($3.44 million) and be increased by 200,000 euros ($229,000) annually until reaching the maximum funding level of five million euros ($5.73 million) in 2028.  Separately, NRW again provided three million euros ($3.44 million) to support and upgrade security in Jewish buildings.

On November 8, the city of Dessau-Rosslau in Saxony-Anhalt presented the Jewish community with a piece of land to build a new synagogue in the center of town.  The community received 195,000 euros ($224,000) from the city and 300,000 euros ($344,000) from the state’s lottery commission for the construction of the building, as well as 700,000 euros ($803,000) from the federal government.  The Minister-President of Saxony-Anhalt, Reiner Hasselof, welcomed the new synagogue, stating it would increase the visibility of Jewish life in the city.

According to the Humanistic Union, an independent civil liberties organization, total state contributions during the year to the Catholic Church and the EKD amounted to approximately 538 million euros ($616.97 million).  The union said it calculated its estimate based on the federal states’ budgets.

In June the NRW state government’s Center for Political Education organized six one-day information programs in six cities entitled Diverse Islam versus Violence-Prone Salafism:  Opportunities for Intervention and Prevention.  The stated goals were to help teachers and educators distinguish between Islam as a religion and what the organizers described as violent Islamist extremists, and to engage with youths vulnerable to religiously based extremism.  Presenters were Muslim and non-Muslim academics, members of NGOs, and state government employees.  Muslim religious leaders did not participate in the programs.

In July the NRW Ministry for Children, Family, Refugees, and Integration awarded 160,000 euros ($183,000) to the Central Council of Muslims in support of its Hands-on Diversity:  Students against anti-Semitism project.

In January the Federal Constitutional Court reversed the 2016 acquittal by the Wuppertal Regional Court of seven members of a self-declared “Sharia Police” on charges of violating the prohibition on wearing uniforms as expressions of a common political opinion.  Dressed in yellow vests marked “Sharia Police,” the men patrolled Wuppertal in September 2014 to counter “non-Muslim behavior.”  The Constitutional Court remanded the case back to the lower court and stated the latter had failed to consider whether the uniforms caused intimidation or were otherwise threatening to the public.  At year’s end the lower court had not scheduled a new trial date.

On July 9, the Berlin-based Jewish Forum for Democracy and anti-Semitism, in conjunction with several other Jewish organizations in the country, published a “declaration of principles on the fight against anti-Semitism.”  While applauding several “well-intentioned” federal- and state-level public statements and initiatives over the previous months, the declaration called on the government to back up policies with concrete action.  It cited the need to take victims seriously, distinguish anti-Semitism as a specific form of discrimination, and apply the IHRA’s working definition of anti-Semitism.  The signatories called upon the newly appointed federal and state commissioners on anti-Semitism to develop more effective preventative measures to combat it and to learn from the experiences of victims to develop more effective preventive measures.  They also called on federal and state government agencies and publicly funded institutions to explicitly distance themselves from all form of anti-Semitism, including campaigns such as BDS.

Frankfurt Deputy Mayor and City Treasurer Uwe Becker targeted the BDS movement against Israel on numerous occasions and called for a ban of BDS in Germany.  In April Becker said “Frankfurt will, in the future, only work with banks which do not maintain business relations with the anti-Semitic BDS movement.”  In June he added that artists who supported the BDS movement were not welcome in Frankfurt and festivals or organizations in Frankfurt supporting BDS or providing a platform to its supporters risked losing city funding.

In September the NRW State Parliament condemned the BDS movement and its calls to boycott Israeli products and companies, as well as Israeli scientists and artists in NRW.  The parliament also requested that all NRW government organizations deny BDS requests to use city, municipality, and county spaces.

In December Jewish community leaders in Duesseldorf said they believe NRW could still do more to combat anti-Semitism, and they found state-level responses to the BDS movement to be insufficient and weak.

On January 1, the government implemented procedures for registering complaints and violations of the law barring hate speech enacted in late 2017.  The procedures stipulated operators of social networks with more than two million users in the country, including Facebook, Twitter, and YouTube, must delete or block “obviously illegal content” within 24 hours after notification or, in more complex cases, within seven days.  Operators must name a representative in the country able to react to complaints within 48 hours.  Operators failing to comply systematically with the requirements were subject to fines of up to 50 million euros ($57.34 million).  By year’s end the government had not penalized any companies under the law.  Anti-Semitism Commissioner of Baden-Wuerttemberg Michael Blume reported the new law had had little effect on the spread of anti-Semitism and other forms of hate speech, as groups simply chose to use other, less public social media forms such as WhatsApp groups and video game chat rooms not covered by the law.

In March federal Interior Minister Seehofer stated the phrase “Islam is part of Germany,” which former President Christian Wulff and other politicians had popularized, was wrong.  “No.  Islam is not part of Germany,” he said.  Seehofer added that Muslims in the country “are, of course, part of Germany,” but that he did not consider Islam to be a part of the country’s culture.  The minister’s statements led to a public debate on the role of Islam and Muslims in the country.  Chancellor Angela Merkel stated that, while the country was shaped by its Judeo-Christian heritage, “Now there are four million Muslims living in Germany” who “can live their religion here, too.”  Several Muslim associations criticized the minister’s statements.  Gokay Sofuoglu, chair of the advocacy group Turkish Community in Germany, said, “At a time when there are more and more attacks on mosques and Muslims, it is not a good start if the minister of the interior begins with such a statement.”  He also stated that “it is not his [Seehofer’s] job to decide who belongs to Germany and who does not.”  Addressing Seehofer’s remarks, Islamic Council Chair Burhan Kesici said, “He does not have the decency to withhold his opinion.…It would be better to recognize reality and see Muslims as part of society.  Only then could prejudices be reduced.”  Ayman Mazyek, Chair of the Central Council of Muslims, commented, “Against the backdrop of the mosque fires and the increased Islamophobic attacks, I would have expected the new interior minister to stand behind German Muslims.”

In September Hans Peter Stauch, an AfD state parliament member in Baden-Wuerttemberg, posted a video on Facebook entitled “The Power of the Rothschilds.”  The video included statements that the Rothschilds, a Jewish banking family, were responsible for World War II and the Holocaust.  Baden-Wuerttemberg’s state commissioner for anti-Semitism and the heads of the state-level Green, SPD, and FDP parties criticized Stauch, saying that he was spreading anti-Semitic conspiracy theories.  Stauch responded that he had only posted the video without commentary and said he was exercising his freedom of speech.

In January AfD Bundestag (federal parliament) member Beatrix von Storch tweeted that Cologne police were appeasing “barbaric, gang-raping, Muslim hordes” when the police tweeted a New Year’s Day greeting in Arabic.  Twitter briefly suspended von Storch’s account.  Thomas Held, spokesman for the Cologne police, confirmed to media that the Cologne police initiated a criminal report against von Storch for suspicion of inciting hatred, stating that this was “a completely normal procedure” which they were “legally obliged” to start upon the suspicion of a criminal offense.  Additionally, approximately 100 private individuals reported von Storch’s tweet to police.  Twitter also deleted a tweet by AfD Parliamentary Caucus Chief Alice Weidel, defending her colleague by using the phrase “imported, marauding, grabbing, beating, knife stabbing migrant mobs.”

In May Weidel argued in a parliamentary debate that the uncontrolled immigration of Muslims endangered the wealth of the country, stating, “Burquas, headscarf girls, subsidized knife men, and other good-for-nothings will not secure our wealth, the economic growth, and most of all our welfare state.”  Representatives of all other parties present in parliament reacted with interjections and booing.  Parliament President Wolfgang Schaeuble called her to order for “discriminating against all women who wear a headscarf.”

In July a group of AfD party members from Weidel’s Bodensee electoral district in Baden-Wuerttemberg visited the Sachsenhausen concentration camp memorial in Brandenburg State as part of a trip to Berlin sponsored by the federal press office.  According to the memorial site’s staff, some participants continuously interrupted the guided tour with inappropriate comments, including speech that trivialized Nazi crimes and questioned the existence of gas chambers.  The federal press office stated one participant made anti-Semitic statements.  Neuruppin public prosecutor Wilfried Lehman was investigating the case, and stated in November that his office hoped to complete the investigation by year’s end, and he already had sufficient evidence for one case of Holocaust denial.

On April 26, the Bundestag condemned the increasing number of anti-Semitic incidents and attacks in the country, and emphasized its support for Israel’s right to exist.  “It is intolerable when Jewish life in Germany is not possible without fear,” said SPD party leader Andrea Nahles.  Volker Kauder (who at the time was CDU/CSU parliamentary caucus leader), said “Everyone has a place in this society,” but that there was no place for anti-Semitism.

In May the Rostock District Court upheld a lower court’s 2016 finding that AfD state Member of Parliament (MP) Holger Arppe was guilty of hate speech against Muslims for comments he wrote on the right-wing website Politically Incorrect in 2010, while using a pseudonym.  The court increased Arppe’s fine from 6,300 to 9,000 euros (from $7,200 to $10,300).

On February 8, the Stuttgart Higher Regional Court found the creator of the banned Altermedia neo-Nazi website guilty of leadership in a criminal association and inciting racial hatred and sentenced him to two and a half years in prison.  Three women, charged with supporting the website and incitement, were convicted and received suspended sentences ranging from eight months to two years.  The court declared the platform a criminal organization.  It had published content that denied the Holocaust and targeted Jews, immigrants, and foreigners; the federal interior minister closed it in 2016.

According to the Central Council of Muslims (ZMD), political parties continued to distance themselves from Islamic associations because they were concerned foreign nations and organizations could influence Muslims with money and by sending radical imams to mosques in the country.

As part of the coalition agreement between the ruling CDU/CSU and SPD parties, the government agreed to continue the German Islam Conference dialogue between representatives of the government and Muslims in the country, which began in 2006.  The conference’s aim was to improve the religious and social participation of the Muslim population in the country, give greater recognition to Muslims’ contributions to society, and, in the absence of a central organization representing all Muslims in the country, further develop partnerships between the government and Islamic organizations.  In November the government held its fourth German Islam Conference, a two-day conference with 240 participants.  Conference attendees included representatives of Muslim associations, communities, scholars, and activists.  Interior Minister Seehofer called on Muslim communities to cut their ties with sources of foreign funding and influence, develop their own training systems for the country’s imams, and increase their cooperation with the country’s government.  Federal Integration Commissioner Annette Widmann-Mauz, reiterating concerns about the foreign financing of the country’s mosques, said, “Those who want to be part of Germany as a Muslim organization cannot remain part of Ankara.”

In January Sawsan Chebli, a Berlin state legislator of Palestinian heritage, proposed the government require that “everybody living in this country” visit Nazi concentration camp memorials at least once.  She added that newly arrived immigrants should visit the memorials as part of programs to integrate them into society, in order to sensitize them to Nazi crimes against Jews and combat anti-Semitism.  The country’s Central Council of Jews and the World Jewish Congress endorsed the proposal.  Council President Josef Schuster told Deutschlandfunk Radio that migrants who had fled or been expelled from their home countries could develop empathy by visiting such memorials.  The proposal generated debate and was not adopted.  Critics said such visits should be voluntary and preceded by prior education about the Holocaust.  Gunter Morsch, Director of the Brandenburg Memorials Foundation and head of the Sachsenhausen Memorial and Museum, said, “It seems to me an illusion to believe that such a visit can help to counter a strongly entrenched prejudice.”

In March NRW Minister-President Laschet hosted an iftar at the state chancery, the first NRW minister-president to do so.

The government created the position of federal commissioner for worldwide religious freedom within the Ministry of Economic Cooperation and Development and in April it appointed MP Markus Gruebel as the first commissioner.  Gruebel stated the government wanted to send a clear signal on the importance it places on religious freedom and the strengthening of common values.

The country is a member of the IHRA.

There were numerous reports of anti-Semitic, anti-Muslim, and anti-Christian incidents, including assaults, verbal harassment, threats, discrimination, and vandalism.  Most anti-Christian incidents involved actions by Muslim migrants against migrant converts.  According to Ministry of Interior federal crime statistics, there were 1,799 anti-Semitic crimes committed during the year – including 69 incidents involving violence – a 20 percent increase over the 1,504 anti-Semitic crimes, of which 37 were violent, reported in 2017.  The interior ministry attributed 93 percent of the incidents in 2017 to the far right but stated its methodology was not exact.

The federal OPC’s annual report stated the number of violent right-wing anti-Semitic incidents decreased from 31 in 2016 to 28 in 2017.  It noted membership in neo-Nazi groups remained steady at approximately 6,000 persons.

NGO RIAS, to which victims can report anti-Semitic incidents independently of filing charges with police, reported 527 anti-Semitic incidents in Berlin in the first six months of the year, including 18 involving violence or attempted violence, compared with 514 incidents over the same period a year earlier.  RIAS used different categories than official police statistics and counted anti-Semitic incidents that did not rise to the level of a criminal offense, such as “hurtful behavior.”

According to the anti-Semitism commissioner in Bavaria, incidents of anti-Semitism were increasing in the state.  He said perpetrators were from both the extreme left and right, as well as the Muslim community.

In 2017, the first year in which authorities maintained a tally of anti-Muslim and anti-Christian incidents, the Ministry of Interior registered 1,075 incidents against Muslims and Muslim institutions, such as mosques or community centers, including 56 attacks involving bodily harm.  Other recorded infractions included online hate speech against Muslims, hate mail, and aggressive behavior in the street.  The ministry also recorded approximately 90 demonstrations against the “Islamization of Germany.”

The Ministry of Interior counted 129 incidents against Christians in 2017, including 34 cases involving violence.  It classified a majority of these incidents as motivated by religious ideology.  In at least 14 cases, the victims were refugees.  Media reported that refugees who had converted from Islam to Christianity experienced aggression from Muslim refugees, especially if they were housed in the same refugee shelter.

In February an unknown perpetrator fired shots with an air gun from a high-rise building towards a mosque in Halle and injured a Syrian man.  Federal Immigration Commissioner Aydan Oezoguz (SPD) visited the site to talk to members of the Muslim community.  In June one or more unidentified individuals fired shots from an air gun near the same mosque that hit a man of Syrian origin.  Police investigated, but by year’s end had not identified a suspect in either incident.

On June 3, according to RIAS, three men accosted four teenagers listening to an Israeli song on a cell phone at a subway station in Berlin.  The men asked the cell phone owner if he was Jewish.  When he said yes, they told him they were from Gaza City, that Jews had been killing children for 70 years, and that if he showed up again they would slit his throat, calling him a [expletive] Jew.  The men then tried to push the cell phone owner onto the subway tracks and injured one of the other youths with broken glass.  The attackers fled when police appeared.  There were no arrests.

In September the president of the Jewish amateur sports club Makkabi Germany, Alon Meyer, said club members increasingly faced anti-Semitic abuse from other competitors during sporting events, ranging from insults to physical violence and knife attacks.  According to Meyer, insults included “filthy Jew” and “Jews into the gas.”  He added, “It’s not stopping at insulting, it will be fisticuffs, it will be knife attacks.”  Meyer attributed the attacks mostly to an increase in migrants and refugees with a Muslim-Arab background.

In February the regional court in Traunstein, Bavaria sentenced an Afghan man to life in prison.  The court found the man guilty of stabbing a woman to death in 2017, in part because she had converted from Islam to Christianity.  According to the court, the attacker killed the victim, who was also from Afghanistan, in front of her young sons.

On August 31, the Dresden District Court convicted a man charged with bombing a mosque in 2016 of attempted murder, arson, and causing a bomb explosion and sentenced him to nine years and eight months in prison.

In June police reported three men with extreme far-right views attacked a Jewish man from Dortmund, attempting to punch him in the head and insulting him.  The victim said he encountered the attackers for a second time that same day, and they again insulted and threatened him and made the Nazi salute.  The Dortmund police intelligence service published a call for witness accounts and launched an investigation, which was ongoing at year’s end.  Three days earlier, the victim said one of the three men had pushed him and directed anti-Semitic insults at him.  At that time, police had verified the identities of alleged perpetrator and victim and were investigating the former for possible charges, including incitement to violence.

In July in Bonn, a 20-year old citizen of Palestinian descent assaulted a visiting Israeli professor from Johns Hopkins University.  The attacker, upon seeing the professor, shouted “No Jews in Germany!” and then knocked the yarmulke off his head.  When police arrived, the attacker fled the scene.  The police mistakenly believed the victim to be the attacker and used force to detain him.  Police later apprehended the alleged perpetrator and charged him with incitement of hate and causing bodily harm.  They later released him.  The Cologne police opened an internal investigation of the Bonn police actions in the incident, and the police officers involved were assigned to desk jobs pending the investigation’s results.

In April a group of three men reportedly insulted two men wearing yarmulkes across a street in Berlin.  In court, the victims stated their attackers had shouted insults at them in Arabic.  A video then showed one of the perpetrators, a Syrian refugee, crossing the street towards one victim, hitting him with a belt, and screaming the Arabic word for Jew.  The victim was an Arab-Israeli who had received the yarmulke as a gift.  In June the local court in Berlin-Tiergarten sentenced the attacker to four weeks in jail.  Since the man had been in pretrial detention for two months, authorities set him free immediately, as they considered the sentence served.  The man sought monetary compensation for the excess time he had served in prison, but authorities denied his claim.  While his lawyer initially announced in July he would appeal the decision not to compensate him, the lawyer withdrew the appeal in October.

On August 26, the AfD and the group Patriotic Europeans Against the Islamization of the West (PEGIDA) organized a peaceful rally in Chemnitz after the killing of a citizen, reportedly by two refugees from Syria and Iraq.  Later that day, approximately 800 persons marched in another demonstration in downtown Chemnitz and reportedly shouted anti-immigrant slogans, attempted to attack persons who appeared to be migrants, and clashed with police.  On August 27, a group of 12 individuals who yelled “Get out of Germany, you Jewish pig” attacked the Jewish owner of the Schalom restaurant in Chemnitz, throwing rocks and bottles at the restaurant and injuring the owner, before running away.  At year’s end Chemnitz police were still investigating the case.  Saxony Minister-President Michael Kretschmer strongly condemned the attack, which occurred after social unrest in the city.  The same day, according to press reports, approximately 6,000 right-wing demonstrators and 1,500 counterdemonstrators marched in Chemnitz.  Newscasts showed demonstrators shouting anti-immigrant slogans and making the Nazi salute.  Two police and 18 demonstrators were injured.  Because ethnicity and religion are closely linked, it was difficult to categorize the demonstrations as being solely based on religious identity.

In May a 67-year-old man allegedly hit a woman wearing a headscarf in the face at a bus stop in Berlin.  The man had asked the woman about the headscarf, and she had told him she was a Muslim and liked to wear it.  Police identified a suspect and opened an investigation.

In August the Berlin-Tiergarten local court convicted a 68-year-old woman of committing deliberate bodily harm and insult for hitting a Muslim woman in the face and trying to rip off her headscarf in an incident in January.  The victim and her daughter managed to detain the perpetrator until police arrived.  The court fined the perpetrator 2,400 euros ($2,800).

In separate incidents during one week in March, unknown individuals threw Molotov cocktails at a mosque in Berlin, at a Turkish club in Meschede, and at a Turkish greengrocer in Itzehoe.  The newspaper Sueddeutsche Zeitung reported that, between mid-January and mid-March, individuals carried out 26 attacks on mosques, of which 18 belonged to DITIB.  According to the same newspaper, after an attack with Molotov cocktails on a building belonging to the Muslim group Milli Gorus in Laufen-am-Neckar in March, what appeared to be anti-Turkish Kurds said in an online video the attacks were in retaliation for Turkish army raids against the northern Syrian city of Afrin.  In a joint statement, DITIB, the Central Council of Muslims, and the Islamic Council expressed the Muslim community’s perception that politicians and the public were not taking their concerns about their safety and that of their mosques seriously.  At year’s end authorities continued to investigate these incidents and had made no arrests.

A Berlin-based Jewish-Israeli restaurant owner who appeared in a 2017 video that received widespread online attention showing him as the target of verbal anti-Semitic aggression received death threats and hate mail, and individuals threw firecrackers at his restaurant.  According to a media report in September, hate mail he received filled 31 pages.  Police investigated but could not identify any of those sending death threats.  In July the man who had initiated the original diatribe against the restaurant owner in 2017 received a seven months’ suspended prison sentence.

The Duesseldorf Jewish Community said attendance at two Jewish schools it sponsored in the city had spiked up due to increased anti-Semitism in schools around Duesseldorf.  According to the group, the schools, which the NRW government funded, had been established to enable Jewish students to strengthen their Jewish identity.  Most students, however, were enrolling because they sought a safe haven from increased bullying due to their Jewish faith.  According to NRW Ministry of Education officials, much anti-Semitism in schools came from students’ parents and media, and anti-Semitism among Muslim children was particularly difficult to change.

The Catholic Church and the EKD continued to oppose the COS publicly.  “Sect commissioners” or “departments on sects and worldview matters” of the EKD and the Catholic Church investigated “sects and cults” and publicized what they considered to be the dangers of these groups.  On its website, the EKD Center for Questions of World Views warned the public about what it said were the dangers posed by multiple religious groups, including the COS, the Family Federation for World Peace and Unification (Unification Church), Bhagwan-Osho, Transcendental Meditation, Jehovah’s Witnesses, and Universal Life, and continued to produce literature criticizing these groups.

A study on discrimination against migrants in the labor market by the Scientific Center Berlin for Social Research released in June reported that Muslims experienced discrimination when looking for a job.  According to the study, which included more than 6,000 fictitious job applications, Muslim job applicants were 7 percent less likely to receive a positive answer than Christian applicants with the same qualifications.

In April the Center to Combat Antidiscrimination and Counselling on Racism and Anti-Semitism (SABRA) held an all-day conference on Anti-Semitism and Refugees.  The Duesseldorf Jewish Community established SABRA in 2017 as a new service to combat anti-Semitism.  SABRA is part of a network of state government-supported organizations throughout NRW that provide services to immigrants to help them integrate into society.  Conference participants stated that, although anti-Semitism had always been present in the country, the influx of a large number of mostly Muslim refugees exacerbated anti-Semitism.  The program focused on supporting individuals who were victims of anti-Semitism, racism, and discrimination by providing counseling and legal services and helping to resolve cases of discrimination; sponsoring prevention programs in schools; and monitoring incidents of anti-Semitism throughout the state.  SABRA also provided support for victims of anti-Semitic incidents that did not meet the threshold for filing criminal charges.

In November Abraham Lehrer, Vice President of the Central Council of Jews, told media that he expected anti-Semitism among Arab or Muslim immigrants to increase and called for combating anti-Semitism through education.  Lehrer said, “Many of these people were influenced by regimes in which anti-Semitism is part of the rationale of the state and the Jewish state is denied the right to existence.”  As a remedy, Lehrer proposed integration courses tailored to immigrants’ country of origin, with intensive teaching of such values as democracy and the treatment of women in society.

In December the European Union’s Agency for Fundamental Rights (EU-FRA) released its second survey of Jewish experiences and perceptions of anti-Semitism.  EU-FRA targeted Jewish populations through community organizations, Jewish media, and social networks; 1,233 individuals who identified themselves as Jewish residents of Germany responded to the online survey.  Twenty-nine percent said they had witnessed other Jews being physically attacked, insulted, or harassed in the previous 12 months, and 41 percent reported being harassed over the same period.  Thirty-seven percent said they had felt discriminated against because of their religion or belief.  Eighty-nine percent said anti-Semitism had increased during the previous five years.

According to a survey of more than 2,000 German-speaking residents released in September by the Social Science Institute of the Protestant Church, 54 percent did not agree with the statement that “Islam fits into German society,” and 31 percent agreed.  While 69 percent agreed that Muslims were part of everyday life in the country, only 27 percent said they were well or very well informed about Islam.  A third of respondents approved of Islamic religious instruction in schools.

PEGIDA continued to organize weekly demonstrations in Dresden.  Journalists said PEGIDA supporters pushed and threatened them when they were reporting on the demonstrations.  On September 3, police detained a PEGIDA demonstrator who had allegedly attacked a journalist, according to Deutschlandfunk online.  On September 24, several PEGIDA demonstrators attacked two journalists, hitting one reporter in the face and kicking the other, while other PEGIDA supporters stood nearby and cheered, according to the newspaper Frankfurter Allgemeine Zeitung.  Some members of the crowd then reportedly helped the perpetrators escape.  Amid calls to curb immigration, PEGIDA supporters regularly expressed anti-Muslim sentiments during the rallies, including by carrying posters expressing opposition to women who wear religious head coverings.

The number of participants at PEGIDA marches remained constant at approximately 1,500-2,000 protesters per rally, according to several media reports.  An exception was the October 21 rally in Dresden, when 4,500 supporters marked the group’s fourth anniversary.  On the same day in Dresden, approximately 10,000 persons marched in support of tolerance and against PEGIDA.  Among the participants in the counterdemonstration were Saxony Minister-President Kretschmer, Dresden Mayor Dirk Hilbert, and several state ministers.  The October 21 demonstrations were largely peaceful, but police reported five incidents of assault.  Early in the year AfD parliamentarians gave multiple speeches at PEGIDA rallies.  In January the magazine Der Spiegel cited AfD Bundestag member Siegbert Droese as stating that in Saxony there was close cooperation between his party and PEGIDA.

In what organizers said was a sign of solidarity with Jews in Germany, hundreds of persons wearing yarmulkes demonstrated against anti-Semitism in several cities around the country, including in Berlin, Cologne, Erfurt, Magdeburg, and Potsdam, in April and May.  During the Berlin demonstration, where there were approximately 2,500 participants, authorities reported incidents in which counterprotesters spit on demonstrators, called them terrorists, and violently removed an Israeli banner.

Between May and August Realitaet Islam (Reality Islam), a group that said it aimed to strengthen the Islamic identity of Muslims in the country, campaigned in Frankfurt and other cities in Hesse against a headscarf ban.  The group said it targeted young Muslims and had collected more than 140,000 signatures from throughout the country.  The Hesse state OPC stated to media on August 29 that, while the campaign itself was not illegal, the group rejected the country’s liberal democratic order and was striving for a theocracy, and a “high Islamic radicalization potential” for the group “could not be excluded.”

On January 17, approximately 300 persons demonstrated against the construction of a mosque by the Ahmadiyya Muslim community in Erfurt.  The AfD leadership in Thuringia supported the demonstration, and state AfD Chairperson Bjoern Hoecke said the mosque’s construction was “part of a long-standing land grab project.”  Mosque opponents subsequently organized a series of smaller demonstrations against the construction.  For example, in June David Koeckert, who press reported was a former member of the National Democratic Party, widely described as a neo-Nazi group, organized an event at an Erfurt market where protestors staged a fake execution, shouting “Allahu akbar” (“God is great” in Arabic) and pretending to cut a woman’s throat using imitation blood.  Left Party state MP Steffen Dittes called the act disgusting.  According to police, authorities filed charges against the organizers for insult and damage to property.

In September demonstrators against the construction of the mosque wore masks depicting what they considered to be stereotypical Middle Eastern faces and “Arab” garb.  Numbering fewer than 20 participants, the demonstrators also marched in front of Green Party state MP Astrid Rothe-Beinlich’s home.  Rothe-Beinlich criticized local authorities for authorizing a demonstration directly in front of her house, which she described as a personal threat.  Authorities permitted the masks’ use, stating there was no violation of the ban on face coverings during demonstrations, because protestors could be identified with their identification documents.  Critics stated there was no exception to the ban on face coverings during demonstrations.

The Ahmadiyya Muslim community in Erfurt moved forward with the construction and celebrated the laying of the foundation stone on November 13.  The ceremony was accompanied by loud protests from approximately 60 opponents of the mosque, as well as a counterdemonstration by persons calling for religious freedom and tolerance.

Construction of a mosque in Sulzbach, Saarland was ongoing at year’s end.  The citizen’s group Sulzbach wehrt sich (Sulzback Fights Back) continued to protest the construction of the mosque.  In April the group organized a protest as well as a concert with the band Kategorie C/Hungrige Wolfe that the OPC said it was monitoring for its connection to right wing extremists.  The city tried to prevent the concert in a municipal building, stating the group had misled it in registering the event without the band’s name.  The Saarland Higher Administrative Court ruled in April the city had to allow the concert to take place since it could not show sufficient cause for cancelling it.  Approximately 200 representatives of political parties, trade unions, and churches protested against the concert.

In June Ruhrtriennale, a cultural festival receiving state financial support in NRW, invited the Scottish band Young Fathers to play a concert.  The private company Kultur Ruhr GmbH organizing the festival said it cancelled the appearance when it learned the band supported the BDS movement.  The organizers stated they later reversed their decision and reinvited the band so they could publicly explain their views, but the band declined.  State Minister of Culture and Science Isabel Pfeiffer-Poensgen criticized the organizer’s reinvitation of the band in a press statement, and the minister-president cancelled his attendance.  Jewish organizations criticized the scheduling of a panel discussion at the festival about the BDS debate because it took place on the Sabbath and featured Jewish artists who supported BDS.  A Jewish activist, Malca Goldstein-Wolf, organized a demonstration headlined “No support for BDS with taxpayers’ money.”  The demonstration took place in Bochum on August 18, and there were approximately 250 participants.

In August the Palestinian Campaign for the Academic and Cultural Boycott of Israel called for a boycott of the Berlin Pop-Kultur Festival, and several artists from the United Kingdom and the United States cancelled their appearances.  The Israeli embassy had supported the festival with 1,200 euros ($1,400) and appeared on the festival’s website as a “partner.”  During the festival, the BDS movement put up posters in Berlin that mimicked the festival’s logo, stating “pop culture – sponsored by apartheid.”  BDS activists also disrupted the festival’s opening event.

According to a study the Technical University of Berlin issued in July, anti-Semitic online hate speech reached record levels on social media, blogs, websites’ comment sections, and thematically unrelated websites and online forums.  The researchers stated that, since online communication was becoming more important, acceptance of anti-Semitism could increase.  The study, which distinguished between anti-Semitism and political criticism of Israel, evaluated 30,000 German language online statements made between 2014 and 2018 on Twitter, Facebook, and the comment sections of mainstream media outlets.  The study also evaluated 20,000 emails sent to the Israeli embassy in Berlin and the Central Council of Jews in Germany.  According to the report authors, between 2007 and 2017, anti-Semitic content in the texts had tripled “in some instances.”  The study identified an increased use of comparisons of Israel to Nazis; fantasies of violence targeting Jews, e.g., references to asphyxiating Jews in pig excrement and to hunting and killings Jews; and dehumanizing or demonizing characterizations of Jews, such as “pest,” “cancer,” or “filth.”  Almost half of the texts used centuries-old anti-Semitic stereotypes, such as portraying Jews as strangers, usurers, exploiters, vindictive intriguers, blood cult practitioners, robbers, and murderers.  According to the authors, anti-Semitism related to Israel was encountered in a third of all texts.

In April the German Music Federation awarded rappers Farid Bang and Kollegah, whose songs include anti-Semitic lyrics, the country’s Echo music award based on high record sales.  Civil society groups, artists, politicians, and Jewish groups criticized the award.  Several musicians who were past recipients of the Echo, returned their awards in protest, and singer Peter Maffay and Foreign Minister Maas both said awarding the prize on Holocaust Remembrance Day was “shameful.”  After the award ceremony, 11 persons reported the rappers to police for “incitement of hatred.”  In June the Duesseldorf public prosecutor’s office declined to prosecute them.  The Duesseldorf prosecutor stated that, while their songs contained anti-Semitic and misogynist lyrics, the lyrics were characteristic of their genre and a form of protected artistic freedom.  Following the controversy, the federation revoked the Echo prize given to Farid Bang and Kollegah, and the organizers announced they would discontinue the award.

In April a satirical play based on Adolf Hitler’s book Mein Kampf was performed in Constance, Baden-Wuerttemberg.  The play’s organizers promised free entry to spectators who wore the swastika, and those who paid for a ticket had to wear a Star of David “as a sign of solidarity with the victims of Nazi barbarism.”  Several legal complaints were filed against the theater.  Although the law prohibits the public display of Nazi symbols and several legal complaints were reportedly filed against the theater, local prosecutors allowed the theater to present the play and allow free entry for those wearing swastikas, citing free speech laws that permit artistic performances.  The region’s German-Israeli Society called for a boycott of the play.

On April 20, approximately 1,300 neo-Nazis gathered in the town of Ostritz in Saxony to commemorate Hitler’s birthday.  Thorsten Heise, chairman of the National Democratic Party of Germany, organized the event.  On the same date, also in Ostritz, opponents held a peace festival, a counterrally of approximately the same size.  Police were present in force, and both events were largely peaceful.  According to press reports, one person was slightly injured during scuffles between the opposing groups, and police detained one man for making the Nazi salute.  The same organizers organized a neo-Nazi Shield and Sword (SS) rock festival in Ostritz on November 1-4.  In another peace festival, approximately 3,000 opponents protested again.  Police stopped another right-wing rock concert in Ostritz on December 1, after neighbors reported hearing the participants yell the Nazi slogan, “Sieg Heil.”  Authorities were investigating the incident at year’s end.

On September 21, an estimated 100 neo-Nazis rallied in Dortmund, NRW, chanting anti-Semitic slogans, such as, “He who loves Germany is anti-Semitic,” and carrying symbols such as the “Reich” flag.

At a Unification Day demonstration on October 3 in Berlin with approximately 2,000 participants, media reported a few participants performed the Nazi salute, and several dozen displayed neo-Nazi tattoos, inscriptions on their clothes, or posters.  Several counterdemonstrations with a similar total number of participants took place in Berlin at the same time.  All the demonstrations were peaceful.

In May authorities arrested 89-year-old Ursula Haverbeck after she failed to appear to serve her prison sentence for Holocaust denial.  In 2017, the Regional Court Verden sentenced Haverbeck to two years’ imprisonment after convicting her on eight counts of incitement of hate.  In February the Celle Higher Regional Court rejected her appeal.  In August the Federal Constitutional Court refused to accept her complaint that Holocaust denial was covered by the protected constitutional right of freedom of expression and not a punishable offense.  At year’s end, Haverbeck was serving her sentence and publishing messages from prison on her website, Freedom for Ursula.

In May unknown perpetrators spray-painted a swastika on a house in the town of Kirchhain in Hesse and covered commemorative cobblestones for Nazi victims (Stolpersteine) with black paint.

According to state authorities and local media, religious establishments in Ulm in Baden-Wuerttemberg experienced increased vandalism over the course of the year.  In September unknown individuals painted swastikas and other pro-Nazi symbols or writing on the door and pews of the Protestant cathedral in Ulm.  State authorities said they had found similar anti-Semitic graffiti in Ulm and the surrounding area in the preceding months, including at a local synagogue and a Turkish mosque.

In September unknown persons targeted the Al-Nour Mosque in Hamburg, just before its opening, with anti-Muslim graffiti.  The mosque was converted from a former Protestant church.  According to a mosque official, the mosque had held open days for city residents in an effort to engage with non-Muslims and be as transparent as possible with the project.

In February the Duesseldorf Memorial and Education Center, a museum, research center, and archive of the Holocaust, started a research project aimed at identifying the number of victims in NRW of the November 1938 Pogromnacht (Kristallnacht) pogrom, as well as how the victims had died.  The center published a report of its findings on the 80th anniversary of the pogrom, on November 9.  The report detailed the cases of the approximately 127 persons from NRW who lost their lives as a result of the pogroms.

According to local officials, legal proceedings against a bus driver in Emden, Lower Saxony for refusing a pregnant woman wearing a full-face veil onto his bus on three occasions, were continuing at year’s

In May Hamburg’s Jewish Community ordained five rabbis, its first ordination since World War II.  Hamburg Mayor and Minister-President Peter Tschentscher (SPD) attended the ceremony.

Legal Framework

The constitution recognizes Greek Orthodoxy as the “prevailing religion.”  The constitution states freedom of religious conscience is inviolable and provides for freedom of worship under the protection of the law with some restrictions.  The constitution prohibits “proselytizing,” defined by law as “any direct or indirect attempt to intrude on the religious beliefs of a person of a different religious persuasion with the aim of undermining those beliefs through inducement, fraudulent means, or taking advantage of the other person’s inexperience, trust, need, low intellect, or naivete.”  The constitution prohibits worship that “disturbs public order or offends moral principles.”  It allows prosecutors to seize publications that “offend Christianity” or other “known religions.”  The law prohibits offenses against “religious peace,” including “malicious blasphemy” and “religious insult,” both punishable by prison sentences of up to two years.  Blasphemy cases may be brought before civil and criminal courts.  The constitution enumerates the goals of public education, including “development of religious conscience among citizens.”  Greek Orthodox priests and government-appointed muftis and imams in Thrace receive their salaries from the government.

The constitution states ministers of all known religions are subject to the same state supervision and the same obligations to the state as clergy of the Greek Orthodox Church.  It also states individuals are not exempt from their obligations to the state or from compliance with the law because of their religious convictions.

The Greek Orthodox Church, Jewish community, and Muslim minority of Thrace have long-held status as official religious legal entities.  The Catholic Church, Anglican Church, two evangelical Christian groups, and Ethiopian, Coptic, Armenian Apostolic, and Assyrian Orthodox Churches automatically acquired the status of religious legal entities under a 2014 law.  The same law also allows groups seeking recognition to become “religious legal entities” under civil law.  The recognition process requires filing a request with the civil court, providing documents proving the group has “open rituals and no secret doctrines,” supplying a list of 300 signatory members who do not adhere to other religious groups, demonstrating there is a leader who is legally in the country and is otherwise qualified, and showing their practices do not pose a threat to public order.  Once the civil court recognizes the group, it sends a notification to the Secretariat General for Religions.

A law passed on August 3 requires all religious officials of the Greek Orthodox Church, the muftiates of Thrace, and Jewish communities to register within a year in the electronic database maintained by the Ministry of Education, Research, and Religious Affairs.  Established in 2014, the registry includes clergy and other staff of known religions and religious legal entities, but there was previously no requirement for Greek Orthodox priests, imams in Thrace, and rabbis to register.

With legal status, a religious group may transfer property and administer houses of prayer and worship, private schools, charitable institutions, and other nonprofit entities.  Some religious groups opted to retain their status as civil society nonprofit associations that they acquired through court recognition prior to the 2014 law.  Under this status, religious groups may operate houses of prayer and benefit from real estate property tax exemptions, but they may face administrative and fiscal difficulties in transferring property and in operating private schools, charitable institutions, and other nonprofit entities.

The law allows religious communities without status as legal entities to appear before administrative and civil courts as plaintiffs or defendants.

The law also provides a second method for groups to obtain government recognition; any religious group that has obtained at least one valid permit to operate a place of prayer is considered a “known religion” and thereby acquires legal protection, including a tax exemption for property used for religious purposes.  Membership requirements for house of prayer permits differ from the requirements for religious legal entities.  Local urban planning departments in charge of monitoring and enforcing public health and safety regulations certify that facilities designated to operate as places of worship fulfill the necessary standards.  Once a house of worship receives planning approvals, a religious group must submit a description of its basic principles and rituals and a biography of the religious minister or leader to the Ministry of Education, Research, and Religious Affairs for final approval.  The application for a house of prayer permit requires at least five signatory members of the group.  The leaders of a religious group applying for a house of prayer permit must be Greek citizens, European Union nationals, or legal residents of the country and must possess other professional qualifications, including relevant education and experience.  A separate permit is required for each physical place of worship.

The 1923 Treaty of Lausanne accords the recognized Muslim minority of Thrace the right to maintain mosques and social and charitable organizations (auqafs).  On October 11, parliament passed a law mandating that a local mufti request notarized consent from all parties if the parties wish for the mufti to adjudicate a family matter based on sharia.  Absent this notarized consent from all parties in each dispute, family matters fall under the jurisdiction of civil courts.  A law passed on August 1 requires muftis to retire at the same age – 67 – as other judicial authorities.  This law also provides for the Ministry of Education, Research, and Religious Affairs to assume all operating expenses for the muftiates under the supervision of the Ministry of Finance Directorate General for Fiscal Monitoring.  On December 19, the European Court of Human Rights (ECtHR) ruled Greece violated the ECHR by applying sharia to an inheritance case in 2014 in which a widow lost three-fourths of her inheritance after family members requested a sharia ruling on the matter without her consent.  Under the updated law, the widow could request a review of this case by judicial authorities.  A 1991 law authorizes the government, in consultation with a committee of Muslim leaders, to appoint three muftis in Thrace to 10-year terms of office, with the possibility of extension.  The law also allows a regional official to appoint temporary acting muftis until this committee convenes.  During the year, all three muftiates in Thrace had temporary, acting muftis appointed under the latter procedure.

On July 19, parliament passed legislation reiterating an individual’s right to choose his or her burial and cremation location and mandating the creation of a new type of death certificate to detail this information.  Disciplinary boards may fine employees of registries, medical doctors, forensic doctors, midwives, or employees in cremation facilities who do not comply with the law.  The law protects an individual’s right to predetermine his or her form of funeral service and burial location in the presence of a notary.  Individuals may designate the location and the method of funeral service under conditions that relate to public order, hygiene, or moral ethics, as well as to designate a person responsible for carrying out funeral preferences.  Private citizens and municipal authorities may apply for permits to operate crematory facilities to benefit those whose religious beliefs do not permit burial.  A presidential decree issued on June 29 standardizes permits for religious buildings, cemeteries, and crematory facilities.

The law allows halal and kosher slaughtering of animals in slaughterhouses but not in private residences or public areas.

All religious groups are subject to taxation on property used for nonreligious purposes.  Property used solely for religious purposes remains exempt from taxation, as well as municipal fees, for groups classified as religious legal entities or “known religions.”

Home schooling is not permitted for children.  The law requires all children to attend nine years of compulsory education in state or private schools and one year of compulsory preschool education in accordance with the official school curriculum.  Religious instruction in primary and secondary schools is included in the curriculum.  School textbooks focus mainly on Greek Orthodox teachings; however, they also include some basic information on some other “known religions.”  Students may be exempted from religious instruction upon request if their parents state the students are not Greek Orthodox believers.  The law provides for optional Islamic religious instruction in public schools in Thrace for the recognized Muslim minority and optional Catholic religious instruction in public schools on the islands of Tinos and Syros, and it includes provisions to make it easier for schools to hire and retain these religious instructors.  The law also allows Muslim students in primary and secondary schools throughout the country to be absent for two days each for Eid al-Fitr and Eid al-Adha.

According to the law, parents may send their children to private religious schools, and private Orthodox, Catholic, and Jewish schools operate in the country.  As per the Lausanne Treaty, the government operates 148 secular Greek-Turkish bilingual schools and two Islamic religious schools in Thrace.  Muslim students in Thrace wishing to study the Quran may attend after-hours religious classes in mosques.

The law establishes an annual 0.5 percent quota for admission of students from the recognized Muslim minority in Thrace to universities, technical institutes, and civil service positions.  Similarly, 2 percent of students entering the national fire brigade school and academy are required to be from the Muslim minority in Thrace.

The law provides for alternative forms of mandatory service for religious conscientious objectors in lieu of the nine-month mandatory military service for men.  Conscientious objectors must serve 15 months of alternative service in state hospitals or municipal and public services.

The law prohibits discrimination and criminalizes hate speech on the grounds of religion.  Individuals or legal entities convicted of incitement to violence, discrimination, or hatred based on religion, among other factors, may be sentenced to prison terms of between three months and three years and fined 5,000 to 20,000 euros ($5,700 to $22,900).  Violators convicted of other crimes motivated by religion may be sentenced to an additional six months to three years, with fines doubled.  The law criminalizes approval, trivialization, or malicious denial of the Holocaust and “crimes of Nazism” if that behavior leads to incitement of violence or hatred, or has a threatening or abusive nature towards groups of individuals.  The National Council against Racism and Xenophobia, an advisory body under the Ministry of Justice, Transparency, and Human Rights, is responsible for preventing, combating, monitoring, and recording racism and intolerance and for protecting individuals and groups targeted on several grounds, including religion.  The National Commission for Human Rights, which comprises governmental and nongovernmental organization (NGO) members, serves as an independent advisory body to the government on all human rights issues.

The law requires all civil servants, including cabinet and parliament members, to take an oath before entering office; individuals are free to take a religious or secular oath in accordance with their beliefs.  Witnesses in trials must also take oaths before testifying in court and choose between a religious and a secular oath in both civil and criminal cases.

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

Government Practices

Police in Agrinio, located in the central part of the country, reported the arrest and detention of two Jehovah’s Witnesses after an Orthodox priest accused them of religious insult for distributing their materials in front of his church.  Police released the accused individuals the following day without charge.  On February 9, Metropolitan Seraphim of Kythira filed a lawsuit for malicious blasphemy and religious insult against a theater group performing Jesus Christ Superstar.  Two lawyers and another Orthodox priest filed separate lawsuits against the same theater group on similar grounds.  There were no reports of government action against the theater group.  Unlike in the previous year, there were no reports of arrests for blasphemy.

The criminal trial of 69 GD party members and supporters, including 18 of its current and former members of parliament, continued through the end of the year.  The charges related to a string of attacks, including against Muslim migrants and Greeks; they included murder, conspiracy, weapons possession, and membership in a criminal organization.  As of the end of the year, media reported 253 trial sessions had taken place and nearly 250 prosecution witnesses had testified in court since the trial began in 2015.  The examination of approximately 230 defense witnesses was still pending at year’s end.

On March 8, police arrested 11 suspects during operations to dismantle the self-identified extreme-right militant group Combat 18.  The prosecutor pressed for criminal and other charges for a series of offenses, including forming a criminal organization.  Authorities ordered pretrial detention for four of the individuals.  Combat 18 was accused of organizing 30 attacks, including arson and homemade bombs deployed in venues frequented by Muslim migrants and refugees.

No religious group applied to courts seeking recognition as a religious legal entity during the year.

Religious groups without religious entity status and no house of prayer permits, including Scientologists and ISKCON, continued to function as registered nonprofit civil law organizations.  The government did not legally recognize weddings conducted by members of those religious groups, whose only option was a civil marriage.

The government approved permits for 11 houses of prayer, including eight for Jehovah’s Witnesses, one for Pentecostals, and two for Muslim groups.  The government revoked one permit at the request of a small religious community that no longer wished to operate its house of prayer.  There were no pending applications at year’s end.  On October 19, the Ministry for Education, Research, and Religious Affairs issued guidance allowing houses of prayer continually operating since before 1955 to obtain permits regardless of any failure to comply with modern town planning regulations.

Jehovah’s Witnesses continued to report some doctors in public hospitals did not understand or respect their refusal to receive blood transfusions.

On March 20, the Council of State ruled changes introduced to religious instruction in primary and middle schools in 2016 were unconstitutional and contrary to the ECHR.  On April 25, the Council of State issued a ruling that changes introduced in 2016 to religious instruction in high schools were also unconstitutional and contrary to the ECHR.  The changes directed teachers to supplement religious textbook material, which primarily covers Greek Orthodox doctrine, with material introducing the basic tenets of other religions.  The Council of State ruled the new curriculum violated Articles 13 and 16 of the constitution because the classes were mandatory only for Greek Orthodox students; students of other religions could apply for an exemption.  The Ministry of Education, Research, and Religious Affairs issued revised guidelines in 2017 for religious instruction in public schools, including supplemental materials on the tenets of various religions and the importance of interfaith dialogue.  Several complaints regarding the 2017 guidelines were still pending with the Council of State, including one that the course did not adequately cover the needs of Greek Orthodox students, another that the course did not include enough information on non-Orthodox religions, and a third from atheist parents requesting the abolition of the class entirely.  The council issued no decisions on these appeals by year’s end.

The government continued to provide direct support to the Greek Orthodox Church, including funding for religious leaders’ salaries, religious and vocational training of clergy, and religious instruction in schools.  Greek Orthodox officials stated the government provided this direct support in accordance with a series of legal agreements with past governments and in exchange for religious property previously expropriated by the state.

Some members of the Muslim minority in Thrace continued to object to the government’s practice of appointing muftis, pressing for direct election of muftis by the Muslim minority.  The government continued to state government appointment was appropriate because the muftis had judicial powers, albeit now only in cases where both parties proactively request the mufti’s adjudication, and the constitution requires the government to appoint all judges.  On August 16, following passage of the law requiring muftis and acting muftis to retire at the same age as other judicial officials – 67 – the government announced the dismissal of the two official muftis in Xanthi and Rodopi regions – age 77 and 81 respectively.  The government appointed two acting muftis to replace them.  On September 12, the two former muftis issued a statement announcing they would file an appeal to the Council of State and to the European Commission, stating their dismissals violated the religious freedom of the Muslim minority in Thrace.

Some members of the Muslim minority in Thrace continued to criticize government appointment of members entrusted to oversee endowments, real estate, and charitable funds of the auqafs, stating the Muslim minority in Thrace should elect these members.  Muslim leaders also continued to criticize the lack of Islamic cemeteries outside of Thrace, stating this obliged Muslims to transport their dead to Thrace for Islamic burials.  They also continued to state municipal cemetery regulations requiring exhumation of bodies after three years because of shortage of space contravened Islamic religious law.  At least three sites continued to be used unofficially for the burial of Muslim migrants and asylum seekers on Lesvos Island, in Schisto, and near the land border with Turkey in Evros.

Media reported delays in the construction of a government-funded mosque in Athens, originally slated for completion in 2017.  On December 19, the Ministry of Education, Research, and Religious Affairs posted a job vacancy for an imam to serve in this mosque.  Applications were due by January 18, 2019.  On August 24, the Ministry of Infrastructure and Transport announced the obligation of 2.6 million euros ($2.98 million) to complete exterior construction and landscaping around the mosque.  On October 3, the government published the bylaws of the Athens mosque’s managing committee, determining how to operate the mosque to share space among diverse Muslim communities in the wider region of Attica and how to resolve disagreements on these issues.  On September 9, according to YouTube videos and media reports, approximately 200 GD supporters held a protest in front of the mosque objecting to its construction, shouting “whoever does not want Greece and [its] religion should … go to Asia.”  In the absence of an official mosque in Athens, central and local government authorities continued to provide public space free of charge to groups of Muslims whose members requested places of worship during Ramadan and for other religious occasions.

On June 26, 29 parliamentarians from ruling SYRIZA party requested the Ministry of Education, Research, and Religious Affairs to stop listing students’ religion on school transcripts, stating doing so violated freedom of conscience and data protection laws because employers requested transcripts from job applicants.  The ministry had not responded to this request by year’s end.

NGO Greek Helsinki Monitor (GHM) and the Humanist Union of Greece continued to state some judicial and other authorities did not comply with the country’s legislation and ECtHR judgments on religious oaths by continuing to record witnesses’ and defendants’ religions and not offering a choice between a civil affirmation and a religious oath.

On September 20, the Union of Atheists requested the Council of State remove all icons and religious symbols from the courtroom while hearing its appeal related to religion classes in public schools.  On September 21, the Council of State denied the request by a 30-6 majority.

The government continued to fund Catholic religious training and teachers’ salaries in state schools on the islands of Syros and Tinos, trips for non-Jewish students to Holocaust remembrance events and Auschwitz, and Holocaust education training for teachers.  The government organized Holocaust-themed contests for high school students.  It also supported and organized initiatives promoting religious tolerance, including a one-day seminar on Islam for prison staff guarding Muslim inmates in detention facilities in the northern part of the country.  On August 9, the Ministry of Education, Research, and Religious Affairs issued a decree officially incorporating Hajj and Umrah pilgrimages to Mecca and Medina into the program of students attending Islamic religious schools in Thrace.  The students paid for the trip expenses, while the ministry set guidelines on field trip safety and organization.  On January 18, Parliament Speaker Nikos Voutsis announced parliament would fund the creation of a museum space inside the Auschwitz concentration camp commemorating Greek Jews who perished there.  Government officials also continued to participate in Holocaust remembrance events around the country.

Some religious groups and human rights organizations continued to state the discrepancy between the length of mandatory alternative service for conscientious objectors (15 months) and for those serving in the military (nine months) was discriminatory.  On May 14, the Council of State issued a decision in favor of an unbaptized Jehovah’s Witness seeking such alternative service, finding he had supplied sufficient evidence to prove he was a Jehovah’s Witness even though he was not baptized.

On June 8, the head of the main opposition New Democracy Party expelled the Mayor of Argos-Mycenae, Dimitris Kamposos, over a comment targeting the Mayor of Thessaloniki, Yannis Boutaris.  Criticizing Boutaris over his stance on national and LGBT-related issues, Kamposos stated in a television interview, “He gets away with it because he is liked by the Jews,” adding, “We, on the other hand, cannot say what we want because we have never worn the kippah.”

On several occasions, government officials publicly denounced acts of vandalism of Holocaust memorials and Jewish sites around the country.

On December 19, the General Secretariat for Human Rights at the Ministry of Justice hosted in Athens the first bilateral dialogue with Israel on fighting anti-Semitism, xenophobia, and racism.  According to a statement  from the Israeli embassy in Athens, participants discussed ways to tackle hate speech on social media, methods for conducting criminal investigations, opportunities for training prosecutors and judges, and best practices for government responses.

On February 14, Metropolitan Anthimos of Alexandroupolis and the local municipal board announced they would erect a monument on the grounds of a local church in honor of 150 local Jewish residents whom Nazis arrested in March 1943 and transported to concentration camps.

On December 19, the General Secretariat for Religious Affairs released a report showing a 159 percent increase in attacks on religious sites in 2017, compared with the previous year.  In 2017 there were 556 reported cases of violence or vandalism against religious sites; 535 of the sites were Orthodox Christian, 11 Jewish, eight Muslim, and two Catholic.  Statistics by the Racist Violence Recording Network (RVRN) for 2017, the most recent year available, showed 34 cases in which immigrants or refugees were targeted for their religion, among other grounds, compared with 31 cases the previous year.  The RVRN also recorded two separate incidents in which a citizen was targeted because of his or her religious beliefs.  During the same period, police received 28 reports of racist violence based on religion, compared with 24 reports the previous year.

Incidents of vandalism and desecration targeting Holocaust monuments and memorials continued throughout the year.  On May 4, unidentified individuals destroyed nine marble stones in the Jewish section of a historic Athens cemetery.  President of the Athens Jewish Community Minos Moissis called the destruction “the most severe [anti-Semitic] incident in Athens in the past 15 years.”  The secretaries general for religious affairs and for human rights and transparency, the Mayor of Athens, and other elected officials condemned the vandalism and participated in a ceremony of solidarity with the Jewish community in the cemetery.  According to Moissis, police responded immediately to gather evidence and file charges, but by year’s end, no arrests were made.

On July 11, unknown individuals threw blue paint on a monument marking the site of the former Jewish cemetery at the Aristotle University campus in Thessaloniki.  University and government officials, including opposition party members, denounced the act.  On June 27, unidentified individuals threw red paint on the Holocaust memorial in Thessaloniki, and on June 29, a public prosecutor ordered a preliminary investigation of the case to determine offenses under the anti-racist law.  Individuals spray-painted “Golden Dawn” on the same monument in January during a protest rally, and on December 15, unknown individuals drew a swastika on it with black paint.  On January 5, unidentified individuals threw red paint on a Holocaust memorial in Komotini, Thrace.  On January 23, the Central Board of Jewish Communities in Greece (KIS) reported unknown perpetrators vandalized the outside wall of the synagogue in Volos, in the central part of the country, with graffiti.  KIS urged authorities to arrest the perpetrators and prevent acts of vandalism.  On October 12, unidentified individuals destroyed eight tombstones in the Trikala Jewish cemetery in the northern part of the country.  On December 26, unknown individuals vandalized the Holocaust memorial in the city of Kastoria.  No arrests in any of the cases were reported by year’s end.

Throughout the year, media and police recorded incidents of vandalism targeting Greek Orthodox premises and chapels.  On March 6, a group of self-defined anarchists placed an explosive device outside the headquarters of the Diocese of Neapoli and Stavroupolis, near Thessaloniki.  The explosion damaged the building entrance.  On December 27, the self-identified anarchist group Iconoclastic Sect placed an explosive device outside Agios Dionysios Church in central Athens.  The churchwarden and a police officer sustained minor injuries.  Government and religious leaders, including the minister for education and the secretary general for religious affairs, the ecumenical patriarch, and KIS, denounced the act, some calling it “an attack against religious freedom.”  On February 26, media reported unknown individuals had vandalized a small church on the island of Paros.  On January 22, media reported anarchists had painted slogans on the outside of a church in Patras.  The slogans criticized priests for participating in rallies against the Prespes Agreement, an agreement between Greece and North Macedonia resolving a long-standing dispute over the latter’s name.  No arrests were reported for any of these incidents.

On January 19, unidentified individuals toppled a bronze statue in the municipality of Palaio Faliro, Athens.  The statue’s name was “Phylax” and depicted a bright-red fallen angel.  According to the Mayor of Palaio Faliro, Dionysis Hatzidakis, since its erection in December 2017, the statue had caused controversy among local residents, some of whom called it “satanic.”

The direct and indirect linking of Jews with conspiracy theories targeting the country’s sovereignty continued; individuals mostly expressed these views on social media.  On January 21, the Mayor of Thessaloniki, Boutaris did not participate in a large rally protesting the country’s negotiations with Macedonia regarding the latter’s official name.  After the rally, posters appeared around the city claiming Boutaris was “a closet Jew” for supporting the negotiations.

On April 27, a Thessaloniki misdemeanor court in Xanthi sentenced Mufti Ahmet Mete, an unofficial mufti not recognized by the government, and not one of the three official muftis, to eight months in prison – payable as a fine instead of jail time – for making anti-Semitic comments in 2014 and stating, “Hitler was right to turn the Jews into soap.”  On May 6, according to a statement released by KIS, Mete gave a speech at the Kentavros Mosque in Komotini, stating, “I accused the Jews of being murderers of infants because they slaughtered infants….  Religion upholds that, as a Muslim, if someone among you sees an evil action, let him change it with his hand; if he cannot, then with his tongue; and if he cannot, then hate him with his heart.”

KIS continued to express concerns about anti-Semitic comments and cartoons in mainstream media mocking political controversies through the use of Jewish sacred symbols and comparisons to the Holocaust or through drawing parallels among “Jews,” “Zionists,” and “Nazis,” equating the first with the latter.  On May 4, KIS denounced cartoonist Michalis Kountouris for his April 10-11 and May 5 cartoons in the Newspaper of the Editors for equating Nazi practices with Israeli policy.  The first sketch showed an inmate at a concentration camp wearing a symbol representing the Gaza Strip reminiscent of the yellow stars Jews were forced to wear during the Holocaust.  The second showed an Israeli soldier leaving the prints of his bloodied hands on the Western Wall, next to many other bloody handprints of other individuals who had prayed before him.  The third cartoon depicted an Israeli soldier with a gun giving a Nazi-style salute.  On July 4, another cartoonist in the same newspaper doctored a picture of the gate at Auschwitz with the words “12 hours of work is liberating,” comparing contemporary employment conditions in Europe to the Holocaust.  KIS issued a statement criticizing the cartoonist of Holocaust trivialization.

On January 22, GHM filed a judicial complaint against local governments, Orthodox priests, and some media for propagating the custom of the “burning of Judas” during Orthodox Easter celebrations.  GHM listed 69 different cities, parishes, and media outlets that organized and advertised this custom, which KIS continued to criticize and the Greek Orthodox Church officially denounced.  There was no public decision regarding this case by year’s end.

On March 4, media reported Greek Orthodox priests in Athens led 2,000 individuals in a march, protesting the release of new textbooks for religious studies.  Some protesters carried banners stating “No to ecumenical religion” and denouncing the book authors as traitors.  Protesters delivered their petition to parliament before peacefully disbanding.

According to a Pew Research study conducted from 2015 to 2017 and published in October, 76 percent of respondents agreed that to be “truly Greek” one must be Christian.  Approximately 37 percent of respondents in a study published by a local think tank, Dianeosis, said the word “Jewish” meant something negative to them and approximately 45 percent of respondents stated they would be “bothered” by the construction of mosques in the country.

On October 8, media reported unidentified individuals produced flyers criticizing a municipal official who supported the construction of a crematory facility in the city and encouraging citizens to spit on and denounce the official at her home.

Legal Framework

The Fundamental Law, the country’s constitution, provides for freedom of conscience and religion, including freedom to choose or change religion or belief, and freedom – alone or in community with others and in public or in private – to manifest religion or belief through religious acts or ceremonies, or in any other way, in worshipping, practice, and observance.  It prohibits religious discrimination as well as speech “aimed at violating the dignity” of any religious community.

The constitution’s preamble states, “We recognize the role of Christianity” in preserving the nation and “value the various religious traditions” in the country.  The constitution stipulates separation between religious communities and the state, as well as the autonomy of religious groups.  According to the constitution, the state may, at the request of religious communities, cooperate with them on community goals.

In an administrative reorganization following parliamentary elections in April, the government transferred most responsibilities for religious affairs from the MHC to the PMO.

In the system valid through the end of the year, religious organizations could acquire incorporated church status through an application submitted to the office responsible for religious affairs in the PMO and, if found eligible, by a subsequent two-thirds vote of parliament.  The religious group was then by law entered onto a list of incorporated churches.  The PMO ha 60 days following the initial application to assess whether the group fulfills all the administrative criteria, which included a variety of documentation and qualification requirements.  To qualify for incorporated church status, a religious group must have existed as a religious organization in the country for 20 years, in which case it must have had a membership of 0.1 percent of the total population (approximately 10,000 persons) or been registered as a religious organization and have existed for at least 100 years internationally, in which case its foreign affiliation must have been certified by at least two other churches of “similar doctrine” recognized in foreign countries.  Its activities must not have conflicted with the constitution or other laws or violate the rights and freedoms of other communities.  A group must also have proven its primary purpose was to conduct religious activity; have a formal statement of faith and rites, bylaws and internal rules, and elected or appointed administrative and representative bodies; and officially declared its activities were not in violation of the laws or the freedom of others.  The PMO was obligated to consult with a qualified lawyer, historian of religions, scholar of religions, or sociologist with an academic degree prior to issuing its decision.  Applicants could appeal the PMO’s decision to the Budapest Public Administration and Labor Court and, ultimately, to the Curia, the country’s highest judicial authority.

Following a favorable PMO decision on the applicant’s eligibility, the PMO submitted the application to parliament’s Judiciary Committee, which had 60 days to invite the applicant to a public hearing and to submit an assessment to parliament on the group’s compliance with additional criteria.  These criteria included an assessment that the group poses no threat to national security (provided by parliament’s National Security Committee), that it did not violate the right to physical and mental health or the protection of life and human dignity, and that the group was suitable for long-term cooperation with the state in promoting community goals based on its founding documents, number of members, network of institutions providing public services, and access by larger societal groups to such services.

Approval of a request for incorporated church status required a two-thirds majority vote by parliament, to take place within 60 days of a motion by parliament’s Judiciary Committee.  If a religious group received such parliamentary approval, the state was required to grant specific licenses to the group to support its participation in tasks to achieve community goals.  If parliament rejected the application, a detailed explanation was required, and the applicant could challenge parliament’s decision in the Constitutional Court within 15 days.  The law did not prescribe any consequences if parliament did not act within the 60-day period, nor was there opportunity for appealing parliamentary inaction.

A 2011 law on religion automatically deregistered more than 300 religious groups and organizations that had had incorporated church status.  Those organizations must reapply if they wish to regain incorporated church status.  Their applications are also subject to the approval of a two-thirds majority of parliament.

The 2011 law listed 27 incorporated churches, including the Catholic Church, a variety of Protestant denominations, a range of Orthodox Christian groups, other Christian denominations such as The Church of Jesus Christ of Latter-day Saints, Seventh-day Adventists, the Salvation Army, three Jewish groups, and the Hungarian Society for Krishna Consciousness, the sole registered Hindu organization.  The list also includes Buddhist and Muslim umbrella organizations, each encompassing a few individual groups, bringing the total number on the registered list of incorporated churches to 32.

Incorporated churches have certain privileges not available to religious organizations, such as greater access to state funding and exemption from state oversight of their financial operations connected to religious activities.  Incorporated churches and their associated institutions (classified as “internal religious legal entities”) that provide public services, such as healthcare, education, or other social services, are automatically eligible for full state subsidies (a subsidy based on the number of persons receiving services coupled with a supplementary subsidy) for all their public service activities.  Religious organizations may take over or establish public service institutions and receive a per capita state subsidy to cover the wages of the staff employed by these institutions.  They may also apply for additional funding from an additional budgetary allocation.

The law authorized the Budapest Metropolitan Court to register a group as a religious organization if it had at least 10 founding individual members whose primary objective was to conduct religious activities that do not violate the constitution, other laws, or the rights and freedom of other communities.  The organization’s membership could consist only of individuals; no “legal persons” such as corporations or other associations could be members.  The court was required to approve applications meeting all of these criteria.  Applicants had to submit the name and address of the organization, names and addresses of founding members, identifying information on the group’s legal representative and the term of his or her appointment, the founding documents of the group, and a statement that the primary objective of the organization was to conduct religious activities.  If the court rejected an organization’s application, the decision was subject to appeal to the Budapest Metropolitan Court of Appeals.

By law taxpayers may allocate 1 percent of their personal income taxes to an NGO, including one affiliated with a religious organization or incorporated church, and could allocate an additional 1 percent to an incorporated church (but not to any other religious organization or NGO).  The government matched the 1 percent funds that only incorporated churches were eligible to receive.

Both incorporated churches and NGOs affiliated with religious organizations were free to use taxpayer donations as they wished.  Only officials of incorporated churches were exempt from personal income tax under certain conditions.  Both religious organizations and incorporated churches were prohibited from purchasing agricultural land.  Incorporated churches, but not religious organizations, could acquire new agricultural land as a gift or an inheritance.  Agricultural land (as opposed to other land holdings) owned by a religious group deregistered in 2011 could be retained by the religious organization that is the deregistered group’s legal successor.

If incorporated churches or religious organizations cease to exist (e.g., by dissolving themselves) and have no legal successor, their assets become state property that must be used to finance public services.  This may also occur if, upon the initiative of the government, the Constitutional Court issues an opinion that the activity of the incorporated church violates the constitution, and parliament confirms the decision by a two-thirds majority vote.  The Constitutional Court also issues opinions upon the request of the Budapest Metropolitan Court on whether a religious organization is in violation of the constitution.

Every registered (but not unregistered) religious community may use the word “church” in its official name regardless of whether it is officially recognized by parliament as an “incorporated church.”  Officials from both incorporated churches and registered religious organizations not recognized by parliament (but not unregistered religious groups) are not obligated to disclose information shared with them in the course of their faith-related service, such as during rites of confession.  Unregistered religious groups, since they lack legal status, may not purchase property in their name.  The Hungarian Civil Liberties Union (HCLU) reports that unregistered religious organizations enjoy protection for faith-related services.

On December 12, parliament enacted an amendment to the 2011 religion law, scheduled to enter into force on April 15, 2019, that will extend the existing two-tier system of “incorporated churches” and “religious organizations” into a four-tier system of registered religious entities, consisting of “incorporated churches,” “registered churches,” “listed churches,” and “religious associations.”  The categories will be applicable to any religious group, not just Christian organizations.  All four categories under the new law will have “legal personality,” giving them legal rights such as the right to own property.  The amendment will eliminate the restriction that taxpayers may donate 1 percent of their tax liability only to incorporated churches and allows donations to all religious entities with legal personality.  The amendment will also allow the government to negotiate individual agreements with all four categories of religious entities to fund their social service activities.  The duration of these agreements will depend on the type of church status, ranging from a five-year maximum for religious associations to unlimited duration for incorporated churches.  With the exception of religious associations, religious groups falling under one of these categories will be required to publish these agreements and publicly account for social service spending.

Under the new system, all currently incorporated churches will retain their status in the new system, and incorporation of new churches will still require a two-thirds approval by parliament.  The Budapest-Capital Regional Court will rule on registration applications for the other three tiers.  Religious association status will require a church to have at least 10 members.  Listed church status will require that the church receive tax donations from 1,000 individuals on average over three years and have operated as a religious association for at least five years in the country or for at least 100 years internationally.  Registered church status will require that the church receive tax donations from 4,000 individuals on average over five years and have operated as a religious association for at least 20 years in the country or at least 100 years internationally.  Churches that agree they will not seek government or EU funding for their religious activities will be able to qualify as listed or registered churches without receiving individual donations.  A religious entity will not be allowed to apply for any of the three categories if it is a criminal defendant, has been convicted of a crime during the previous five years, is under sanction for “repeated violation of accounting and management rules,” or is considered a national security threat.

Religious entities that do not register will still be able to function and conduct worship, and the amendment specifies constitutional protections for freedom of religion apply to them as well as to those with legal personality.

By law, no state office may determine or supervise a registered religious community’s faith-based activities.  Their doctrines, internal regulations, and statutes are not subject to state review, modification, or enforcement.  Their names, symbols, and rites are protected by copyright law, while buildings and cemeteries are protected by criminal law.  Unregistered groups, according to HCLU, enjoy copyright and at least some other protections, but the law is unclear about the extent of those other protections.

The constitution establishes a unified system for the Office of the Commissioner for Fundamental Rights (ombudsman).  The ombudsman investigates cases related to violations of fundamental rights – including religious freedom – and initiates general or specific measures for their remedy.  These measures do not have the force of law.

Treaties with the Holy See regulate relations between the state and the Catholic Church, including financing of public services and religious activities and settling claims for property seized by the state during the Communist era.  These treaties serve as a model for regulating state relations with other religious groups, although there are some differences in the rights and privileges the state accords to each of the religious groups with which it has agreements.  The state has also concluded formal agreements with the Hungarian Reformed Church, Hungarian Lutheran Church, Federation of Jewish Communities in Hungary (Mazsihisz), and four Orthodox churches.

Military and law enforcement personnel may freely practice their religion in private and also at their workplaces if their religious practice does not violate their mandatory service duties.  The Catholic Church, Reformed Church, Lutheran Church, and Jewish congregations receive automatic authorization to provide chaplain services to the military.  Other incorporated churches and religious organizations must seek permission.

Penitentiaries generally allow inmates free practice of religion and provide them with special diets, such as kosher, vegetarian, and pork-free meals.  All incorporated churches and religious organizations must seek permission to offer pastoral services in prisons.  Rejection of access requests may be appealed to the National Prison Service, the prosecutor’s office, or the ombudsman.  Detainees have the right to participate in communal religious services three times a week and to contact without supervision representatives of incorporated churches or religious organizations having permission to access the facility.  Detainees in special security regimes may only receive individual spiritual care and are excluded from community spiritual programs.  In the case of pretrial detainees, during the course of the criminal investigation, a public prosecutor or judge may restrict personal interaction with a religious representative but not participation in communal religious services.

Incorporated churches receive automatic authorization to provide pastoral services in hospitals, while religious organizations must seek permission.

One-hour-per-week faith-and-ethics or ethics-only education is mandatory through the first eight grades of public school.  Students and their parents choose between the faith-and-ethics class provided by an incorporated church of their choice or a generic ethics course taught by public school teachers.  Religious groups are entitled to provide their own teachers, prepare their own textbooks, and determine curricula for their faith-and-ethics classes.  Private schools are not required to introduce faith-and-ethics or ethics classes.  Unincorporated religious organizations are not entitled to provide religious education as part of the mandatory curricula in public schools, but they may offer extracurricular, optional religious education in public schools if requested by students or parents.

Incorporated churches and religious organizations have the right to open their own schools.  For incorporated churches and religious organizations operating their own schools, the state provides a subsidy, based on the number of students enrolled, for employee wages, but only incorporated churches automatically receive a supplementary subsidy for the schools’ operating expenses.  According to the law, religious organizations may apply to the MHC for a supplementary operational subsidy covering approximately 30 percent of their total costs for schools, and the MHC decides on a case-by-case basis whether to grant it.

The law also affords incorporated churches and religious organizations the right to assume operation of public schools through a formal agreement with the PMO.  In these cases, the government continues to fund the schools.  Religious communities, school teachers, the affected parents, or the operator of the school may initiate such transfers, but only if the designated religious community is able to collect the signatures of more than 50 percent of the parents and adult students enrolled at the school.  Whether newly established or converted from public status, religious schools are free to conduct their own religious teaching without government input and to make faith education mandatory and not substitutable with an ethics class.  The government inspects both religious and public schools every two years to ensure they conform to government standards.

The constitution prohibits speech that violates the dignity of any religious community.  The law includes a prohibition of “calling for violence” – in addition to inciting hatred – against a religious community or its members, punishable by up to three years’ imprisonment.  The law provides a maximum punishment of three years in prison for impeding someone else through violence or threats from freely exercising his or her religion.  Abusing an individual because of his or her religious affiliation is punishable by up to three years in prison.

Physical assault motivated by the victim’s actual or suspected religious affiliation is a felony punishable by one to five years in prison.  Violence against a member of the clergy is classified as violence against an “individual providing public service” and is similarly punished with a prison sentence of one to five years.  Any person who engages in preparation for the use of force against any member of a religious community is guilty of a misdemeanor punishable by imprisonment not exceeding two years.

The law prohibits public denial, expression of doubt, or minimization of the Holocaust, genocide, and other crimes against humanity committed by the National Socialist or Communist regimes, punishing such offenses with a maximum sentence of three years in prison.  The criminal code makes wearing, exhibiting, or promoting in public the swastika, the logo of the Nazi SS, or the arrow cross in a way that harms the human dignity or the memory of victims a misdemeanor, punishable by detention for a period ranging from five to 90 days.

The law provides for the lifting of official immunity of a member of parliament (MP) who incites hatred against religious communities or publicly denies crimes of the Communist or National Socialist regimes.  No MP has been the subject of such a proceeding.

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

Government Practices

As in previous years, parliament failed to vote on any of the 14 applications by religious groups which the MHC had previously found eligible for incorporated church status, despite the 60-day legal deadline for action after a ministerial referral and a December 2017 Constitutional Court ruling that parliament’s failure to act within the 60-day legal deadline for action violated the constitution.  The explanatory notes to the December 12 amendment to the religion law, which the government is expected to use as a guide in implementing the amendment, state that those religious groups will be given preferential consideration for (the lesser) listed or registered church status.

In a case involving the MET’s home for the elderly, the Constitutional Court ruled October 5 that parliament had violated the constitution by failing to act on MET’s 2014 pending application for incorporated church status.  The Constitutional Court ruled parliament should fulfill its legislative duty and vote on the application by the end of the year; parliament did not comply, although the new amendment provided a procedure for the MET and other churches to regain a lesser status.  MET representatives said its shelters for homeless, elderly, and refugees, hospital, schools, and other social services should be eligible for the same support the state gave to similar activities conducted by incorporated churches.  The government rejected this argument.  The Constitutional Court did not rule on the issue of funding of MET’s home or other social services, but only that parliament should vote on the group’s application for incorporated status.  The Constitutional Court issued a similar ruling on December 20, 2017, ordering parliament to vote on MET’s application, but parliament failed to act by that ruling’s March 31 deadline.

In May the Supreme Court overturned the February decision of the Buda Central District Court of Budapest that the National Bureau of Investigation’s (NBI) 2017 raid of the COS headquarters and seizure of its materials was unlawful.  The Supreme Court ruled the seizure did not violate the principle of proportionality and did not obstruct the free practice of religion.  The NBI raid followed the initiation of an investigation of the COS by the government’s Data Protection Authority (DPA) and a DPA complaint against the COS alleging criminal abuse of personal data.  The government recognized the COS as a religious organization.  The government’s investigation of the COS was continuing at year’s end, but the government did not provide any information on the status of the case.

The COS’s appeal of the denial of a certificate of occupancy for its headquarters and eviction order issued by Budapest’s 13th District remained pending at year’s end.  According to the COS, courts blocked the eviction order until the Supreme Court could decide the appeal.

The government continued its public campaign of billboards and posters against a Jewish, Hungarian-born, U.S. citizen businessman.  Some of the placards stated the businessman wanted to settle migrants from the Middle East and Africa in the country.  In May PM Orban demanded “respect” from Jewish leaders and blamed the same businessman and his NGO for growing European anti-Semitism.

In April online news service Index.hu and daily newspaper Nepszava reported that in the previous eight years the government had transferred 34 buildings to churches in a nontransparent manner.  The report stated the buildings were not properties seized under the Communist regime and had not previously belonged to the religious groups to which they were given.

Prominent national and international Jewish groups expressed concern about the September 7 announcement that in 2019 the government would open the House of Fates, a Holocaust museum and education center in Budapest focusing on the efforts of non-Jewish Hungarians to rescue Jews during the Holocaust.  The government had put the museum on hold in 2014 due to intense opposition from national and international groups.  These organizations criticized the project as an attempt to obscure the involvement of the country and WWII Regent Miklos Horthy in the Holocaust.  According to a September 21 statement by Israeli Holocaust Museum Yad Vashem, the House of Fates museum’s plans ignored the country’s anti-Jewish laws during that era and gave the false impression that, “except for a tiny, criminal and fanatic minority, the citizens of Hungary were essentially blameless.”  On September 27, World Jewish Congress President Ronald S. Lauder expressed disappointment that the House of Fates museum concept “ignored the role played by Hungarian society and its authorities in the annihilation of Hungarian Jewry.”

There were reports of anti-Muslim and anti-Semitic rhetoric by government officials and politicians, including at the highest levels.  For example, a January interview in the German newspaper Bild quoted PM Orban as saying most migrants should not be considered refugees but “Muslim invaders.”  In a March 15 speech, PM Orban said, “We must fight against an opponent which is different…they are not honorable, but unprincipled; they are not national, but international; they do not believe in work, but speculate with money; they have no homeland, but feel that the whole world is theirs.”  Media outlets such as the Jewish Telegraphic Agency, The Times of Israel, and The Guardian reported these comments as referring to Jews.

In November private television broadcaster Hir TV made public a recording it said it had obtained of opposition Jobbik party MP Istvan Szavay talking to a fellow party member at Jobbik’s electoral congress about “knocking out” a woman he presumed to be Jewish at a downtown club in August.  Szavay said the woman recognized him and said, “I feel Nazi stench here.”  Szavay said he called her a “filthy Jew,” punched her in the face  , and “slightly twisted her schnozzle.”  On December 3, Szavay announced he would give up his parliamentary seat.

Jewish groups expressed concerns about praise by government officials, including PM Orban, for the country’s WWII-era anti-Semites and Hitler allies as well as about public messaging they said could incite anti-Semitism.  On September 2, the Fidesz (governing party)-administered village of Kenderes held a Horthy Memorial Day.  Fidesz MP Sandor Kovacs stated at the event it was thanks to Regent Horthy and others that the country managed to survive after World War I.  The Director of the government-funded Veritas Research Institute, Sandor Szakaly, said anti-Jewish laws signed by Horthy did not deprive Jews of their rights but only limited them, and that, despite these limitations, the lives of Jews in the country were safe until the Nazi occupation in 1944.  He added that Horthy did not need rehabilitation because he was never convicted of any crime.

On July 16, state television broadcaster MTVA appointed Beatrix Siklosi to run its cultural channel M5.  When Siklosi previously was nominated as chief editor of religious programming for national public television in 2014, media reported she had made racist and anti-Semitic comments on social media.  The Catholic, Reformed, Lutheran, and Jewish communities published a letter stating Siklosi was unacceptable to them.  Siklosi resigned from the religious programming position due to the protests but remained in charge of nationalities programming.  TEV sent a letter asking the MTVA leadership and Media Council to reconsider her appointment.

In March Fidesz Party members of the local municipality and progovernment media criticized the opening of a Hungarian Islamic Community (HIC) cultural center and prayer house in 2017.  In addition, media reported that, prior to the April parliamentary elections, Fidesz Party call centers told voters opposition Jobbik Party leader Gabor Vona “prays to Allah,” referring to an undated video where he spoke to Turkish students and referred to God as “Allah.”

The Organization of Muslims in Hungary (OMH) cited the government’s anti-migration and anti-Muslim rhetoric as the biggest challenges Muslims had to face in the country.  It also said Muslims faced indirect administrative barriers when trying to obtain building permits for mosques, open or expand Muslim cemeteries, or buy or rent land or homes.  HIC and OMH leaders said lack of sufficient cemetery space for Muslims was one of the most pressing problems for the Muslim community.

On July 19, PM Orban visited Israel and met with Israeli PM Benjamin Netanyahu.  After their meeting, Orban stated Jews could feel safe in Hungary and that his government had zero tolerance for anti-Semitic statements.

According to a major survey of Jews in the country, issued in December by the EU’s Agency for Fundamental Rights (FRA), 74 percent of Jews found anti-Semitism to be a problem in political life.  Eighty-three percent said the government was ineffective in combating anti-Semitism, and 55 percent assessed the government’s efforts to respond to the security needs of Jewish communities were inadequate.

The government provided 118.1 billion forints ($421.53 million) to incorporated churches during the year, of which 96.7 percent went to what the government and media called the country’s four “historical” religious groups:  the Catholic Church, which received 94.2 billion forints ($336.22 million);  Hungarian Reformed Church, 13.7 billion forints ($48.9 million); Lutheran Church, 3 billion forints ($10.71 million); and the Jewish community, consisting of Mazsihisz, 2.6 billion forints ($9.28 million), the Unified Hungarian Jewish Congregation, 304.4 million forints ($1.09 million), and the Autonomous Orthodox Jewish Community, 227 million forints ($810,000 million).  According to the government, more than 94 percent of citizens who reported a religious affiliation were affiliated with the four historical religious groups.

These four religious groups and the other incorporated churches that received the balance of the government’s contribution used the funds for a range of activities, including maintenance of buildings, support for religious instruction and culture, support for community programs and investments, and employee wages.  Government support for incorporated churches also included funding to a dozen churches for renovating their buildings.  The government allocated additional funding from other budget accounts for churches providing public educational and social services and for registered religious organizations, but data on the extent of this support were unavailable.

According to press reports, on October 3, the government distributed 2.76 billion forints ($9.85 million) from the annual budget for religious community programs.  On December 23, the government awarded an additional 21 billion forints ($74.95 million) to some incorporated churches and religious organizations.

Some incorporated churches continued to express concern that, if they spoke out on issues of public importance, the government would withdraw some of its financial support, which in many cases constituted two-thirds or more of the churches’ total funding.

According to tax authorities tracking the 1 percent tax allocations designated to incorporated churches, 988,000 citizens donated their 1 percent personal income tax to one of the incorporated churches during the year.  Similarly to previous years, the church bodies receiving the most donations were the Catholic, with 526,339 persons contributing 2.5 billion forints ($8.92 million); Reformed, 209,109 persons contributing 996.8 million forints ($3.56 million); and Lutheran, 60,036 persons contributing 308 million forints ($1.1 million).  The Hungarian Society for Krishna Consciousness ranked fourth, with 46,198 persons contributing 250 million forints ($892,000).  Effective January 1, tax declarations did not have to be submitted by individuals on a yearly basis but remained valid until the taxpayer changed them.

According to the PMO, of elementary and secondary schools, 15 percent were operated by incorporated churches (compared with 14.3 percent in 2016-17) and 0.1 percent by religious organizations in the 2017-18 school year.  Of preschools (ages 3-7), 7.5 percent were operated by incorporated churches (7.2 percent in the previous year) and 0.1 percent by religious organizations.  There were 214,243 students studying at preschools and elementary and secondary schools operated by registered religious communities (incorporated churches and religious organizations), compared with 207,600 in the previous school year.  Approximately half of these students were in schools operated by the Catholic Church.

According to the PMO, religious entities provided government-funded social services to 116,440 persons and child protection services to 10,506 persons during the year (27.2 percent by the Catholic, 24.2 percent by the Reformed, and 21.3 percent by the Hungarian Pentecostal Church).

The government made statements in defense of a Christian Europe and operated a dedicated state secretariat within the PMO to assist persecuted Christian communities throughout the world, including with financial assistance.  In his annual state of the nation speech in February, PM Orban stated the West “opened the way for the decline of Christian culture and…Islamic expansion,” while his government “prevented the Islamic world from flooding us from the South.”  On November 13, Deputy PM Zsolt Semjen said it was striking that Europe’s Christian civilization was in danger again, not from the Ottoman Empire, but from the threat of Islamization.

Turkish President Recep Tayyip Erdogan visited Budapest on October 8-9 and, with PM Orban, attended the opening ceremony of the renovated tomb of Gul Baba.  Baba was a Muslim dervish and member of the Bektashi order, who died in Budapest in 1541 and whose burial place became a pilgrimage site for Muslims.  The government cofinanced the renovation with the government of Turkey.

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

The government did not publish statistics on religiously motivated crimes or other incidents.  According to its annual report, TEV registered 32 anti-Semitic hate crimes, compared with 37 in the previous year.  These were 19 cases of hate speech (24 in 2017), 10 of vandalism (13 in 2017), three of assault (one in 2017), and none of threats (none in 2017).  Muslim organizations did not collect statistical data and said many members did not bother to report incidents because they did not believe doing so would lead to any effective action by authorities.  Muslim leaders stated they believed anti-Muslim incidents remained at approximately the same level as in 2017.

On April 5, according to TEV, a man struck a Canadian rabbi without warning and knocked off his kippah at a store in a Budapest shopping mall.  On June 13, TEV reported a Budapest bus driver said he “wished gas to the Jews” when someone asked him for directions to a synagogue.  In April a Facebook user shared a photograph of a Budapest bus stop defaced with the text, “death on … Jews.”

The November 29 edition of weekly business magazine Figyelo stated Mazsihisz could not account for funds the government had allocated to the organization for a new museum.  The issue’s cover showed Andras Heisler, Mazsihisz President and World Jewish Congress Vice President, surrounded by money.  Its lead article stated that, while Heisler criticized other proposed museums (such as the House of Fates) for not disclosing details of their planned exhibits, he had so far failed to publish the concept of his own government-funded project, the House of Coexistence.

In a published statement, Mazsihisz condemned the Figyelo article and cover as an incitement against a religious leader unprecedented since the country’s transition to democracy in 1990, adding that they “revived centuries-old stereotypes against our community.”  According to Israeli press reports, the Israeli PM’s diplomatic adviser raised concerns over the issue with the Hungarian Ambassador to Israel and called on the Hungarian government to condemn the magazine’s anti-Semitism.  The American Jewish Committee called the Figyelo piece an “anti-Semitic attack.”  Figyelo rejected the criticism and, in response to a statement supporting Heisler by the Israeli Ambassador to Hungary, stated, “This form of diplomatic pressure … constitutes a violation of the freedom of the press and of Hungarian sovereignty.”  World Jewish Congress President Lauder said the cover “is one of the oldest and vilest caricatures of the Jewish people and it places not just the magazine, but all of Hungary in a very bad light.”

In January the Association of Christian Intellectuals organized a Mass to be held in a downtown Budapest Catholic church to commemorate former Regent Horthy’s 150th birthday on January 27, International Holocaust Remembrance Day – five months before his actual birthday on June 18.  Fidesz MP and Deputy Speaker of Parliament Sandor Lezsak, former PM Peter Boross, and Veritas Institute Director Szakaly were scheduled to attend and speak at the Mass.  The Catholic Church canceled the event following intense domestic and international criticism.  Mazsihisz President Heisler publicly opposed the Mass and stated in an open letter addressed to Lezsak that his official participation “tramples on the memory of all the Hungarian victims.”  In 2017, Heisler raised concerns about Horthy for what he said was his responsibility for the deaths of 600,000 Jews and tens of thousands of soldiers and the era of anti-Semitism associated with his name.  The Miklos Horthy Association then organized a small service in honor of Horthy on February 11 in the Homecoming Reformed Church, where Horthy’s bust is also placed.

The Organization of Muslims in Hungary reported that early in the year an older woman used her walking stick to strike a middle-aged woman wearing a headscarf.  The two women engaged in an altercation, but neither pressed charges.  The organization reported several incidents in which individuals verbally insulted members of their community, mostly women and girls wearing headscarves on streets or in schools by shouting “Allahu akbar” at them or telling them to “go back to Africa.”  The organization also said that on several occasions unknown persons sprayed litter bins and mobile toilets in the neighborhood of the ongoing renovations of its headquarters with the texts, “Allah,” “Muhammad,” and “migrant.”

In December the European Union’s Agency for Fundamental Rights (EU-FRA) released its second survey of Jewish experiences and perceptions of anti-Semitism.  EU-FRA targeted Jewish populations through community organizations, Jewish media, and social networks; 590 individuals who identified themselves as Jewish residents of Hungary responded to the online survey.  Twenty-seven percent said they had witnessed other Jews being physically attacked, insulted, or harassed in the previous 12 months, and 23 percent reported being harassed over the same period.  Eight percent of respondents said they had felt discriminated against because of their religion or belief; 71 percent thought anti-Semitism had increased over the previous five years.

According to a survey published in June by the country’s leading Jewish news outlet, Szombat, two-thirds of Jews believed anti-Semitism in the country was a serious problem, and 48 percent of respondents reported hearing anti-Semitic remarks in the preceding year.

In a poll of residents of the country by UK-based market research company Ipsos MORI published in June, 51 percent agreed a Muslim could never be a “true Hungarian” and 59 percent said immigrants could not be regarded as Hungarians, even if they were legal residents or had lived most of their lives in the country.  A poll of residents by think tank Political Capital found almost half said Muslims were stealthily trying to enforce their culture, and 45 percent believed Muslim leaders had a secret plan to capture Europe and transform it into an Arab continent.  According to a Pew Research Center poll of residents published in October, 21 and 57 percent, respectively, said they would accept a Muslim or a Jew as a member of their family.

A 2017 survey the Median Public Opinion and Market Research Institute conducted for TEV, found approximately 37 percent of the population (33 percent in 2016) held anti-Semitic views.

In June online news site 888.hu published an article about what it called the negative influence of the six million Muslims in France.  The same article announced a new column, “the White Man,” with a stated aim of drawing attention to the threats Islam posed to Western society and civilization.  Ahead of the April parliamentary elections, media widely described as government-friendly (online sites origo.hu, pestisracok.hu, and ripost.hu) ran stories calling opposition party Jobbik prime ministerial candidate Gabor Vona a closet Muslim.

During a soccer match between the country’s Ferencvaros club and Israel’s Maccabi Tel Aviv in July, former Ferencvaros player and club coach Istvan Toth was honored by the club, Mazsihisz, and the World Jewish Congress.  In 1944, Toth saved hundreds of Jews as a member of the Hungarian anti-fascist resistance.  Nazi collaborators executed him in 1945.

Legal Framework

The constitution guarantees the free profession and practice of religion, subject to public order and morality.  The constitution references “the Most Holy Trinity” and “our divine Lord, Jesus Christ,” and stipulates the state shall hold the name of God in reverence and honor and respect religion.  It prohibits discrimination on the grounds of religion or belief and guarantees not to endow any religion.  The constitution stipulates every religious denomination has the right to manage its own affairs, own and acquire property, and maintain institutions for religious or charitable purposes.  It states legislation providing for government aid to schools shall not discriminate among schools under the management of different religious denominations nor affect the right of a child to attend any school receiving public money without attending religious instruction at that school.

The law makes blasphemy a punishable offense, although the government last prosecuted such a case in 1855.  The law defines blasphemy as uttering or publishing language “grossly abusive or insulting in relation to matters held sacred by any religion,” when the intent and result are “outrage among a substantial number of the adherents of that religion.”  Violations are punishable by a fine of up to 25,000 euros ($28,700).  In an October 26 constitutional referendum, 65 percent of voters approved the removal of blasphemy as a punishable offense from the constitution, paving the way for it to be formally removed as a legal offense in 2019 pending legislation from parliament.  The blasphemy law remains in effect until legislation proposed by parliament is signed into law.

The law forbids incitement to hatred based on race, religion, nationality, or sexual orientation and carries a maximum penalty of up to two years’ imprisonment and a maximum fine of 25,400 euros ($29,100).  The law does not address or define hate crimes other than incitement.

There is no legal requirement for religious groups to register with the government, nor is there any formal mechanism for government recognition of a religious group.  Religious groups may apply to the Revenue Commissioners (the tax authority) and register as a charity or an NGO to receive tax exemptions.  To qualify, groups must operate exclusively for charitable purposes.  Constituted organizations that operate for exclusively charitable purposes and provide a clear public benefit may register as charities.  The law requires all charitable organizations carrying out activities in the country to register with and to provide certain information relating to their organization to the Charities Regulator, a government-appointed independent authority.  The Regulator maintains a public register of charitable organizations and ensures their compliance with the law.  Organizations must apply their income and property solely toward the promotion of their main charitable object, as set out in their governing instruments (such as constitution, memorandum and articles of association, deed of trust, or rules).

Under the constitution, the Department of Education and Skills provides funding to “national” schools, which are privately owned and managed and where most children receive their primary school education.  The government pays most of the building and administrative costs, teachers’ salaries, and a set amount per pupil.  In funding schools, the constitution stipulates the state shall have due regard “for the rights of parents, especially in the matter of religious and moral formation.”

Almost all primary schools and approximately half of secondary schools (vocational schools are state run and nonreligious) are religiously affiliated.  At the primary level, 90 percent of all schools are Catholic, 6 percent Church of Ireland, 2 percent multidenominational, 1 percent other religious groups, and 1 percent not religiously affiliated.  Patrons, who are usually members of the religious groups and affiliated with religious organizations with which the school is affiliated, manage the schools themselves or appoint a board of management to do so.  Patrons often provide land for schools and contribute to building and administrative costs.  The law permits schools with a religious patron to use religion as a basis for admissions, even if it is not oversubscribed.

The government permits, but does not require, religious instruction, faith-based classes, or general religion classes in “national” schools.  Although religious instruction is part of the curriculum of most schools, parents may exempt their children from such instruction.  Religious schools teach about their religion, while multidenominational schools generally teach about religion in a broader context.  Students may opt out and sit in another classroom.  The government funds salaries for those teachers who teach religion classes in “national” schools.

The Workplace Relations Commission (WRC), an independent statutory body, hears cases of reported workplace discrimination, including claims based on religion.  The WRC may refer cases for mediation, investigate these cases, or decide the case itself.  If the adjudication officer finds there has been discrimination, he or she can order compensation for the effects of discrimination and/or corrective action.  Litigants may appeal WRC decisions in the courts.

The Irish Human Rights and Equality Commission is an independent public body accountable to parliament, whose stated purpose is to protect and promote human rights and equality and to build a culture of respect for human rights, including religious freedom.  The commission works at the policy level to review the effectiveness of human rights and equality law, as well as public policy and practice.  It also works with communities, including religious groups, and other civil society groups to monitor and report on the public’s experiences of human rights, religious freedom, and equality.

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

Government Practices

On October 26, the government held a constitutional referendum on the question of whether to revoke the constitutional provision making blasphemy a punishable offense.  Voters approved the removal of blasphemy as a punishable offense from the constitution, but it remains an offense in law until legislation is passed by parliament removing it.

The government continued to encourage patrons to open more schools with nonreligious or multidenominational patronage.  School patrons, generally affiliated with religious denominations, continued to define the ethos of schools and to determine the development and implementation of the religious education curriculum in primary schools.  Curricula varied by school and could include teaching about the patron’s religion, the religious history of the country, or an overview of world religions.

In April Minister for Education and Skills Richard Bruton announced plans to establish 42 new schools – 26 at the primary level and 16 at the postprimary level – between 2019 and 2022.  The Department of Education and Skills announced it would respect parental preference for the patronage for those schools due to open in 2019.  Of the 13 primary schools due to open in 2019, the patronage of 12 had yet to be decided.  On October 31, the Department of Education announced the Irish-language schools’ patron body An Foras Patrunachta would be the patron of a primary school due to open in 2019 in Dublin.  The department appointed multidenominational schools’ patron body Educate Together as patron of four new high schools scheduled to open in September 2019.

Parents of unbaptized children continued to report difficulty enrolling their children in some local, religiously based schools that were oversubscribed and gave priority admissions to children of that religion.  In rural areas, parents said finding alternatives to schools with Catholic patrons was especially difficult.  On October 2, the government announced that starting in 2019 primary schools would no longer be allowed to discriminate on religious grounds.

Catholic religious orders remained affiliated with 20 of the country’s 45 hospitals.  Individual medical professionals were able to opt out of certain procedures, such as abortion, on conscience grounds; however, entire institutions did not have that option.  In a May referendum, voters repealed the country’s constitutional ban on abortion, paving the way for its legalization in 2019.  The Health (Regulation of Termination of Pregnancy) Act 2018 became law on December 20.

Several state agencies, including the Irish Human Rights and Equality Commission (IHREC) and the Garda (national police) Racial and Intercultural Office (GRIO), continued to enforce equality legislation and work on behalf of minority religious groups.  These agencies organized community events to include individuals of diverse faiths.  The IHREC reviewed and made recommendations to draft legislation to ensure drafts met human rights and equality standards.  The GRIO’s liaison officers continued to engage with immigrant minority religious groups on a regular basis to inform them of police services and educate them on their rights.

On January 28, Prime Minister Varadkar, Minister for Justice Charles Flanagan, and other senior government officials participated in the national Holocaust Day Memorial commemoration.  In his remarks, the prime minister emphasized the importance of Holocaust education to prevent such horrors happening again.  The NGO Holocaust Education Trust Ireland, in association with the Department of Justice and Equality, Office for the Promotion of Migrant Integration, and Dublin City Council, organized the event, which included readings, survivors’ remembrances, and music, as well as the lighting of six candles symbolizing the six million Jews killed during the Holocaust.

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

NGOs, including the Irish Council for Civil Liberties, Immigrant Council of Ireland, Anti-Racism Network Ireland, National Steering Group Against Hate Crime, European Network Against Racism Ireland, and the government’s independent IHREC, again lobbied for more robust legislation against hate crimes, including religiously motivated hate crimes, and to ensure prejudice was taken into account as an aggravating factor in sentencing criminals.  In September The Irish Times published a letter from a citizen of a Jewish refugee family background that referred to anti-Semitic graffiti in Dublin painted on a city center wall and urged local authorities to remove it quickly.

Legal Framework

The constitution states all citizens are equal before the law regardless of religion and are free to profess their beliefs in any form, individually or with others, and to promote them and celebrate rites in public or in private, provided they are not offensive to public morality.  According to the constitution, each religious community has the right to establish its own institutions according to its own statutes as long as these do not conflict with the law.  The constitution stipulates the state may not impose special limitations or taxes on the establishment or activities of groups because of their religious nature or aims.  The constitution specifies the state and the Catholic Church are independent of each other, and their relations are governed by treaties, which include a concordat between the government and the Holy See.

The law considers insults against any divinity to be blasphemy, a crime punishable by a fine ranging from 51 to 309 euros ($58-$350).  The government generally does not enforce the law against blasphemy.

The constitution states all religious groups are equally free and relations between the state and non-Catholic groups are governed by law based on agreements (“accords”) between them.  Representatives of a non-Catholic faith requesting an accord must first submit their request to the Office of the Prime Minister.  The government and the group’s representatives then negotiate a draft agreement, which the Council of Ministers must approve.  The prime minister then signs and submits the agreement to parliament for final approval.  Once parliament approves the implementing legislation, the accord governs the relationship between the government and the religious group, including state support.  Twelve groups have an accord:  the Confederation of Methodist and Waldensian Churches, Seventh-day Adventists, Assemblies of God, Jews, Baptists, Lutherans, the Church of Jesus Christ, the Orthodox Church of the Constantinople Patriarchate, the Italian Apostolic Church, the Buddhist Union, Soka Gakkai Buddhists, and Hindus.

The law provides religious groups with tax-exempt status and the right to recognition as legal entities, as long as they have completed a registration process with the MOI.  Legal registration is a prerequisite for any group seeking an accord with the government.  A religious group may apply for registration by submitting to a prefect, the local representative of the MOI, a request including the group’s statutes; a report on its goals and activities; information on its administrative offices; a three-year budget; certification of its credit status by a bank; and certification of the Italian citizenship or legal residency of its head.  To be approved, a group’s statutes must not conflict with the law.  If approved, the group must submit to MOI monitoring, including of their budgets and internal organization.  The MOI may appoint a commissioner to administer the group if it identifies irregularities in its activities.  Religious groups that are not registered may still operate legally as NGOs and obtain tax-exempt status, legal recognition of marriages, access to hospitals and prisons, and other benefits, but having an accord with the government facilitates the process.  The Catholic Church is the only legally recognized group exempted from MOI monitoring, in accordance with the concordat between the government and the Holy See.

An accord grants clergy automatic access to state hospitals, prisons, and military barracks; allows for civil registry of religious marriages; facilitates special religious practices regarding funerals; and exempts students from school attendance on religious holidays.  Any religious group without an accord may request these benefits from the MOI on a case-by-case basis.  An accord also allows a religious group to receive funds collected by the state through a voluntary 0.8 percent set-aside on taxpayer returns.  Taxpayers may specify to which eligible religious group they would like to direct these funds.  The government set aside 1.23 billion euros ($1.41 billion) via this mechanism during the year, of which more than 81 percent went to the Catholic Church.

Veneto regional legislation prohibits the use of burqas and niqabs in public institutions such as hospitals.

The concordat provides for the Catholic Church to select teachers, paid by the state, to provide instruction in weekly “hour of religion” courses taught in public schools.  The courses are optional, and students who do not wish to attend may study other subjects or, in certain cases, leave school early with parental consent.  Church-selected instructors are lay or religious, and the instruction includes material determined by the state and relevant to non-Catholic religious groups.  Government funding is available only for these Catholic Church-approved teachers.  If a student requests a religion class from a non-Catholic religious group, that group must provide the teacher and cover the cost of instruction; it is not required to seek government approval for the content of the class.  Some local laws provide scholarship funding for students to attend private, religiously affiliated schools, usually but not always Catholic, that meet government educational standards.

According to law, hate speech, including instances motivated by religious hatred, are punishable by up to four years in prison.  The law applies to denial of genocide or crimes against humanity.

All missionaries and other foreign religious workers from countries that are not European Union members or signatories to the Schengen Agreement must apply for special religious activity visas before arriving in the country.

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

Government Practices

Although in 2017 the government had reportedly negotiated draft agreements governing its relations with the Jehovah’s Witnesses, Romanian Orthodox Church, and Episcopal Church, it continued its negotiations with those groups during the year and again did not submit any agreements to parliament for approval.

According to leaders of the Rome Islamic Cultural Center, the government did not make significant progress on an accord in its dialogue with Muslim religious communities.  The MOI legally recognized as a religious entity only the Cultural Islamic Center of Italy, which ran the Great Mosque of Rome.  The government recognized other Muslim Islamic groups only as nonprofit organizations.

Muslims continued to encounter difficulties acquiring permission from local governments to construct mosques.  There were five mosques regional governments and Muslim religious authorities both recognized, one each in Ravenna, Rome, Colle Val d’Elsa in Tuscany, Milan, and Forli in Emilia-Romagna.  In addition, there were many sites recognized as places of worship by local governments but not considered fully-fledged mosques by Muslim authorities because they lacked minarets or other key architectural features.  There were more than 800 unofficial, informal places of worship for Muslims, known colloquially as “garage” mosques.  Authorities tolerated most of these but did not officially recognize them as places of worship.

On March 12, the Latium regional court ordered the closure of a garage mosque in Rome on the grounds that the venue was only authorized to host a workshop.  The Muslim community that worshipped in the garage mosque initiated talks with local authorities to identify a viable alternative.  At year’s end authorities had not identified such a venue.

On July 15, the local Muslim community in Empoli, Tuscany inaugurated a new place of worship with a capacity of 250 worshippers.  While local government authorities had issued a permit for use of the venue as a place of worship, both they and Muslim religious authorities stated it did not meet all requirements of a proper mosque, such as having a minaret.

Local officials, who were entitled to introduce rules on planning applicable to places of worship, continued to cite a lack of zoning plans allowing for the establishment of places of worship on specific sites as a reason for denying construction permits.  Although municipalities could and did withhold construction permits for other religious groups, Muslim leaders – for example, Rosario Paquini Shaykh, Deputy Chairman of the Islamic Center of Milan and Lombardy – said the shortage of formal places of worship was most acute for Muslims.

On June 6, Milan Mayor Giuseppe Sala presented a plan on religious infrastructure proposing the regularization of four existing Muslim places of worship that lacked legal status and the allocation of an additional 18 sites to non-Catholic religious groups.  The city was to assign three of these to evangelical churches, and two to Coptic Orthodox churches.  In addition, the city was to assign six sites to the Catholic Church to establish churches in newly built neighborhoods.  Information as to the implementation of the plan was unavailable at year’s end.

Local politicians from conservative parties, including Jacopo Alberti, a Lombardy Regional Councilor of the League Party, expressed concerns over Muslim community proposals to build new mosques.  On September 11, League members of the Lombardy Regional Council and other center-right parties passed a motion urging the regional government to conduct a census of Islamic places of worship, install camcorders in them, and monitor the texts used and sermons delivered therein.  The same regional council members joined with members of the Five Star Movement, a political party, to pass a resolution calling on the regional government to adopt a law prohibiting the regularization of existing unauthorized places of worship.  Neither resolution was binding on the Lombardy government.

On October 8, the Regional Administrative Court of Lombardy accepted an appeal by the Muslim community of Varese of a denial of a permit to build a mosque in Sesto Calende.  The regional court issued a ruling that did not overturn the denial but requested the Constitutional Court to re-examine the constitutionality of a 2015 amendment to a local law that did not impose any deadline on local authorities to decide where religious communities might open a place of worship.  According to the Lombardy court, the lack of a deadline might violate “the right of freedom of religion” guaranteed by the constitution.  At year’s end the Supreme Court had not decided whether to hear the case on the constitutionality of the local law.

On March 10, the Regional Administrative Court of Lombardy annulled the 2017 decision of the City Council of Sesto San Giovanni, near Milan, blocking the construction of an Islamic cultural center and mosque on the grounds that the center did not comply with all the requirements agreed to by the city council and the Muslim community.  In April local authorities appealed the regional court’s ruling to the Council of State (Italy’s highest administrative court), which conducted a preliminary review of the case on August 1 but postponed a final ruling until 2019.  At year’s end the construction of the cultural center and mosque remained suspended pending resolution of the case.

In October, according to press reports, League leaders denied the Bergamo Muslim Association permission to purchase a chapel in Bergamo at auction, despite theirs being the highest offer.  The group outbid the Romanian Orthodox Church, which had been using the building for religious services.  Lombardy President and League official Attilio Fontana said the Lombardy Region would exercise its right of first refusal and acquire the chapel instead.  Fontana said there would be no appeal.  League leader Salvini said in a statement, “Centuries of history risk disappearing if Islamization, which up until now has been underestimated, gains the upper hand.”

On August 27, the Regional Administrative Court of Lombardy upheld the September 2017 order of the Mayor of Cantu, Edgardo Arosio, (League Party), barring worship in a warehouse bought by a Muslim association, Assalam, in 2017.  According to the ruling, the association had stated that it would only carry out cultural activities in the facility, but the court verified unauthorized religious activities had taken place.

On July 31, Bologna Mayor Virginio Merola issued a decree granting a Muslim association the right to use a piece of land, on which it had already established an Islamic cultural center, for 99 years.  Leading League politicians, such as League head Salvini, opposed the decision.  On social media, Salvini called the mayor’s decision “crazy.”

A request for authorization to construct a new mosque the Muslim community in Pisa submitted to the local administration in December 2017 remained pending with Pisa authorities at year’s end.  The Muslim community submitted the request after the city’s former mayor refused to hold a referendum on the matter.

Pursuant to a December 2017 agreement between the local Muslim community and the City of Florence, Florence University, and the Catholic Church on the construction of a new mosque in Sesto Fiorentino, the Catholic Church sold a piece of land to the Muslim association to establish a mosque next to a new center for religious activities that the diocese would build.  At year’s end, however, the local Muslim community had not built the mosque and was operating in a temporary place of worship.

The mosque the Muslim community of Thiene had been building since receiving a building permit in 2015 from the Veneto regional government remained unfinished, reportedly because of insufficient funds.

At year’s end the city of Mestre had not authorized the Muslim community to open a new mosque there as the city pledged to do after the municipal government, citing a lack of permits, closed down a garage mosque in April 2017.

Local governments continued to rent out public land at discounted rates to religious groups, usually Catholic, for constructing places of worship.  Government funding also helped preserve and maintain historic places of worship, which were almost all Catholic.

In June the government sponsored the visit by a group of 50 Moroccan theologians and imams to more than 50 Muslim congregations in the Piedmont Region to discuss religious education and ways for Muslim immigrants to interact with, and integrate into, local society while preserving Muslim values.  The Moroccan Ministry of Religious Affairs and the Turin-based Italian Islamic Confederation trained the visiting clerics, in cooperation with the MOI and Ministry of Foreign Affairs.  The visit concluded with a Quran recitation contest in Turin.

Politicians from several political parties, including the League, Brothers of Italy, and CasaPound, again made statements critical of Islam.  On February 7, League leader Salvini said, “The problem with Islam is that it is a law, not a religion, and is incompatible with our values, rights, and freedoms.”  On February 8, Giorgia Meloni, president of the Brothers of Italy Party, concurred with Salvini, adding on social media, “We can’t deny there is a process of Islamization going on in Europe.  Islam is incompatible with our values, civilization, and culture.”  Al Jazeera reported that during the campaign for the March parliamentary election Salvini said, “Islam is incompatible with the constitution.”  The news service cited Mohamed Ben Mohamed, Imam of al-Huda in Centocelle, one of the largest unrecognized mosques in Rome, as stating, “During the election campaign, Salvini said he would close mosques and not allow any new ones to open….There’s no regulation for places of worship, the law remains vague, and every municipality interprets it its own way.”

As chair of the OSCE during the year, the country hosted several events promoting religious and ethnic tolerance.  In January it hosted a conference on combating anti-Semitism that brought together representatives from government, civil society, and religious communities from across Europe.  Conference participants agreed to strengthen their efforts to combat anti-Semitism throughout the continent through government-led public information campaigns, interfaith dialogue, and greater security measures for Jewish communities.  To commemorate the liberation of the Auschwitz concentration camp on Holocaust Remembrance Day, January 27, President Sergio Mattarella hosted a ceremony in which he stressed the need to remain vigilant against the return of “the ghosts of the past.”  On January 18 and 19, Minister of Education Valeria Fedeli accompanied a group of 100 students to visit Auschwitz in cooperation with the Union of Italian Jewish communities (UCEI).

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

Contrary to previous years, the government did not issue statistics on religiously motivated incidents.  The Anti-Semitism Observatory of the Jewish Contemporary Documentation Center Foundation (CDEC), an NGO, recorded 185 incidents of anti-Semitism, compared with 130 in 2017.  Reports of anti-Semitic incidents published on CDEC’s website included discrimination, verbal harassment, particularly at soccer matches and other sporting events, online hate speech, and derogatory graffiti.  Internet hate speech and bullying were the most common forms of anti-Semitic incidents, according to CDEC, which continued to operate an anti-Semitism hotline for victims of, and witnesses to, anti-Semitic incidents.  The NGO Communities of the Arab World in Italy reported a 35 percent increase in incidents against Muslims in schools, hospitals, and on public transport in 2017, the most recent year for which data were available, compared to the previous year, but it did not provide details on the total number or types of incidents.

Noemi Di Segni, President of UCEI, urged authorities “to pay attention to all forms of radicalization of anti-Semitism.”  During a meeting to mark the 80th anniversary of the Fascist-era “racial” laws, Ruth Dureghello, President of Rome’s Jewish community, stated, “anti-Semitism is resurfacing and should be combated with all means.”

In September Yassine Lafram, who was elected President of the Union of Islamic Organizations and Communities in Italy in July, told Al Jazeera that “On social media, messages, Facebook pages, and groups are increasingly aggressive against migration and Islamic culture,” and expressed concern that “words may turn into the actions of a few people.”

In December the European Union’s Agency for Fundamental Rights (EU-FRA) released its second survey of Jewish experiences and perceptions of anti-Semitism.  EU-FRA targeted Jewish populations through community organizations, Jewish media, and social networks; 682 individuals who identified themselves as Jewish residents of Italy responded to the online survey.  Nineteen percent said they had witnessed other Jews being physically attacked, insulted, or harassed in the previous 12 months, and 25 percent reported being harassed over the same period.  Seventeen percent of respondents said they had felt discriminated against because of their religion or belief; 81 percent thought anti-Semitism had increased over the previous five years.

On April 20, in Veggia di Casalgrande in the Province of Reggio Emilia, unknown persons left a pig’s head in front of the entrance to a facility the Islamic Cultural Association of Sassuolo had purchased for the purpose of establishing a place of worship.  Commenting on the plan to establish a place of worship there, the local Catholic priest said that a mosque “would attract more Muslims,” and result in social tensions.  He added, “Islamic culture is deeply intertwined with religion, it is not like ours.  Let’s build flats for the poor instead.”

On January 25, the National Soccer Federation fined Rome soccer club Lazio 50,000 euros ($57,300) for an October 2017 incident in which far-right Lazio fans placed anti-Semitic stickers depicting Anne Frank wearing the jersey of city rivals AS Roma in Rome’s Olympic Stadium.  The federation did not impose the additional penalty, which the prosecutor had requested, of barring Lazio fans from attending two team games.

In October the press reported the Kempinski Hotel in Venice suspended an employee for anti-Semitic comments made on Facebook, and a hotel in Pavia suspended an employee over the summer for anti-Semitic comments he made in an email exchange with customers.

Amnesty International reported that, of 787 instances of hate speech on social media during the three weeks of the 2018 national electoral campaign in February and March, approximately 11 percent contained anti-Islamic messages.

The press reported examples of anti-Semitic graffiti and posters, including depictions of swastikas on walls, anti-Semitic stereotypes, and praise of neo-Nazi groups in cities such as Rome, Milan, and Pisa.  On September 12, authorities found swastikas and other anti-Semitic graffiti, including insults against Jews, at the entrance of a theater in Pisa.  On September 6, police found a graffito reading, “Jews should burn,” in front of a school in the outskirts of San Benedetto del Tronto.  On February 28, five slogans were discovered on walls in Cesiomaggiore, in the province of Belluno.  One of them read, “Jews, we will reopen the ovens.  Free Palestine.”

According to representatives of the Jewish community, some Jewish residents believed many of the new Muslim arrivals from Africa, South Asia, and the Middle East faced hardships integrating into Italian society and were susceptible to anti-Semitic propaganda, especially in the outskirts of big cities, where they said some far-right groups were already spreading such messages.

On June 12, unknown individuals left a graffito reading, “this is a Jewish shop” on the shutters of a shop owned by a Jewish family in San Maurizio Canavese, near Turin.  In addition, a car was set on fire near the vandalized shop.  Authorities said they believed the two incidents were connected.  On January 25, authorities in Florence found a flagstone commemorating victims of the Holocaust overturned and damaged.  On December 10, authorities in Rome discovered 20 commemorative cobblestones had been stolen from a street in front of a house where Jewish deportees had lived during World War II.  Police had not identified any suspects at year’s end.  Other cases of vandalism included the theft of commemorative stones or plaques dedicated to victims of the Holocaust.

Legal Framework

The constitution states everyone has the right to “freedom of thought, conscience, and religion,” and “the church shall be separate from the state.”  It allows restrictions on the expression of religious beliefs in order to protect public safety, welfare, morals, the democratic structure of the state, and others’ rights.  The law gives eight “traditional” religious groups – Lutherans, Catholics, Latvian Orthodox Christians, Old Believers, Baptists, Methodists, Seventh-day Adventists, and Jews – some rights and privileges not given to other religious groups, including the right to teach religion courses in public schools and the right to officiate at marriages without obtaining a civil marriage license from the MOJ.  These eight groups are also the only religious groups represented on the government’s Ecclesiastical Council, an advisory body established by law and chaired by the prime minister that meets on an ad hoc basis to comment and provide recommendations on religious issues.  These recommendations do not carry the force of law.

Separate laws define relations between the state and each of these eight groups.  The rights and activities of other religious groups are covered by one law on religious organizations.

Although the government does not require religious groups to register, the law accords registered religious groups a number of rights and privileges, including legal status to own property and conduct financial transactions, eligibility to apply for funds for religious building restoration, and tax deductions for donors.  Registration also allows religious groups to perform religious activities in hospitals, prisons, and military units and to hold services in public places such as parks or public squares with the agreement of the local government.  The law accords the same rights and privileges to the eight traditional religious groups, which it treats as already registered.

Unregistered groups do not possess legal status and may not own property, conduct financial transactions, or receive tax-free donations.  They may not perform religious activities in hospitals, prisons, or military units, and generally may not hold worship services in public places without special permission.  The law stipulates fines if an unregistered group carries out any of these activities.

The law stipulates that, in order to register as a congregation, a religious group must have at least 20 members aged 18 or older.  Individuals with temporary residency status, such as asylum seekers and foreign diplomatic staff, may count as members for the purpose of registration only during the authorized period of their residency permits.  To apply, religious groups must submit statutes stipulating their aims and tasks; a list of all group members (full name, identification number, and signature); the names of the persons who will represent the religious organization; minutes of the meeting founding the group; confirmation that members voted on and approved the statutes; and a list of members of the audit committee (full name, identification number, and title).  The audit committee is responsible for preparing financial reports on the group and ensuring it adheres to its statutes.  The MOJ determines whether to register a religious group as a congregation.  The ministry may deny an application if it deems registration would threaten human rights, the democratic structure of the state, public safety, welfare, or morals.  Groups denied registration may appeal the decision in court.

Ten or more congregations – totaling at least 200 members – of the same faith or denomination, each with permanent registration status, may form a religious association or church.  Groups with religious association status, or status as a private society or foundation, may establish theological schools and monasteries.  The law does not permit simultaneous registration of more than one religious association of a single faith or denomination, or of more than one religious group with the same or similar name.  For example, the law prevents any association other than the Latvian Orthodox Church from registering with the word “orthodox” in its name.  Other Orthodox groups, such as Old Believers, are registered as separate religious associations.

In April the Constitutional Court ruled that the law requiring religious groups to reregister every year if they had been registered in the country for fewer than 10 years was unconstitutional.

According to the law, all traditional and registered religious organizations are required to submit an annual report to the MOJ by March 1 regarding their activities and goals.  They must also provide other data, including congregation size, number of clergy, number of weddings and other ceremonies performed, and details of group governance and financial status.

The law criminalizes hate speech and the incitement of hatred on the basis of religious affiliation but requires legal proof, determined at trial, of substantial harm for conviction.  Penalties range from community service to up to 10 years of imprisonment.  Committing a crime for religious reasons may also be considered an aggravating factor at trial.

The government funds required religion and ethics classes in public schools in first through third grade.  The school must receive the approval of the parents of at least 10 students in order to hold religion classes in any of the eight traditional groups; if such approval is not obtained or if they prefer not to enroll in religion classes, students take courses on general ethics.  The Center for Educational Content at the Ministry of Education must review the content of the classes to verify they do not violate freedom of conscience.  Starting in fourth grade, religious subjects are incorporated into elective ethics and social science classes.  If there is demand, schools are permitted to teach classes on the history of religion.  Students at state-supported national minority schools may attend classes on a voluntary basis on the religion “characteristic of the national minority.”  Other nontraditional religious groups without their own state-supported minority schools may provide religious education only in private schools.  Religion courses in public schools range from doctrinal instruction by church-approved government-certified instructors (usually at the lower grades), to nondenominational Christian teachings or overviews of major world religions by certified teachers who are proposed by a religious group, and approved by the Ministry of Education (usually at higher grades).

The law establishes an independent ombudsman’s office for human rights.  Its mandate includes helping to resolve cases of religious discrimination through collaboration with authorities.  While it does not have enforcement powers, it can issue recommendations to specific authorities.  Parliament appoints the ombudsman.

The law stipulates foreign missionaries may be issued a residency permit, hold meetings, and proselytize only if a registered domestic religious group invites them to conduct such activities.  Visa regulations require foreign religious workers to present letters of invitation, typically from a religious organization, and either an ordination certificate or evidence of religious education that corresponds to a local bachelor’s degree in theology.  Religious workers from EU or Schengen countries do not require visas.

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

Government Practices

The MOJ approved the applications of three religious groups that applied to register for the first time:  evangelical Christian Church Kingdom of God, spiritual center Rebirth, and evangelical Christian Church Grace of Christ.

Pursuant to the Constitutional Court’s ruling, effective in April, religious groups registered in the country for fewer than 10 years no longer had to register every year.  In December parliament amended the law on religious organizations to bring it into compliance with the Constitutional Court’s ruling.

The government again did not take any steps to restitute property in accordance with the 2009 Terezin Declaration, which called for measures to provide assistance, redress, and remembrance for victims of Nazi persecution.  There continued to be differing views among the government and Jewish community groups about the number of properties that remained to be restituted.  Foreign Minister Edgars Rinkevics told media in May restitution of Jewish property remained on the agenda and would be addressed in the next parliament, elected in October.

According to a report on the country issued in 2018 by the NGO National Coalition Supporting Eurasian Jewry (NCSEJ), the government had made significant progress in recognizing Jewish issues and commemorating the Holocaust, adding that problems remained with regard to property restitution and vandalism of Jewish sites.

Authorities continued to monitor Muslim activities according to the annual report of the security police.  In November Islamic Cultural Centre in Latvia (ICCL) leader Janis Hamza Lucins stated privately he had had no negative interaction with the security police during the year and was unaware of any actual or threatened violence against the Muslim community by government actors or private individuals during the same period.  In October Muslim community leader Zufars Zainullins said privately he did not view government monitoring of Muslims to be discriminatory or a violation of their rights.

The new prayer center of the ICCL remained unopened.  ICCL leader Lucins stated the ICCL was not currently focused on opening the new prayer center and had no timeline for opening the facility.  Lucins and Muslim community leader Zainullins said the ICCL’s unopened status did not involve anti-Muslim animus on the part of the government.

President Raimonds Vejonis and other senior government officials, including Speaker of the Parliament Inara Murniece, Prime Minister Maris Kucinskis, and Foreign Minister Edgars Rinkevics, attended or spoke at Holocaust memorial events, including International Holocaust Remembrance Day, Latvian Holocaust Memorial Day, and the Rumbula Forest Massacre Memorial.  In July at a commemoration of the burning in 1941 of the Great Choral Synagogue together with those inside, Murniece said, “Thousands of lives were wiped out …  it was hell on earth,” adding that local henchmen were also involved in the mass executions that took place in the country during WWII.  In his speech at the same event, President Vejonis said Jews were an integral part of the country and that “intolerance to those who are different find[s] a fertile soil in society and public space.  Those who remember the horrible events of the past are today’s hope.”

On the July 4 Day of Remembrance of the Victims of the Holocaust, officials unveiled a memorial in Riga dedicated to Hungarian Jewish women who were deported to labor and concentration camps in Latvia during the 1944 Nazi occupation, where they perished or were killed.

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

On March 16, the annual march commemorating Latvians who fought in the grenadier divisions of the Waffen SS against the Soviet Red Army in WWII took place in Riga.  Approximately 250 persons, including 10-15 SS veterans and five members of parliament from the All for Latvia Party, participated.  Numbers were similar to recent years.  Protesters against the march also attended.  The organizers, the Daugava Hawks group, characterized the annual march as a commemoration of national identity and remembrance of those who fought for independence rather than as a glorification of Nazism.  According to the NCSEJ’s report on the country, the march featured Nazi propaganda.  Police reported they detained two persons protesting the march, one on a charge of public drunkenness, the other for displaying a poster picturing concentration camp prisoners before a Nazi firing squad, shouting and acting aggressively, and resisting police orders.  Police released them on the same day after they paid a fine.

In March a researcher for U.S.-based NGO Freedom House said far-right participation in the march had fallen year on year and that “Such movements tend to become the butt of online jokes rather than a meaningful force on the Latvian political scene.”  Minister of Interior Rihards Kozlovskis stated confrontations between parties holding opposing opinions at the rally had decreased over the years, and that the 2018 march passed without incident.  As in previous years, the march drew strong condemnations from various groups, including the Simon Wiesenthal Center, Latvian Anti-Nazi Committee, and politicians from political party the Latvian Russian Union.

On November 30, approximately 500 persons lit thousands of candles at the Freedom Monument in Riga in memory of the approximately 30,000 Jews killed in the Rumbula Forest by the Nazis in 1941.  Organizer Lila Tomsone initiated the annual commemoration in 2016.

In December the EU’s Agency for Fundamental Rights released its second survey of Jewish experiences and perceptions of anti-Semitism.  In Latvia 200 respondents completed the survey; however, because the agency encountered difficulties in reaching respondents through online methods, which it attributed to the country’s small and elderly Jewish population, it conducted the survey through face-to-face interviews.  The agency concluded the different recruitment and data collection methods affected the data quality and cited its findings for the country in an appendix rather than with the main survey results.  According to these findings, 3 percent of respondents said they had experienced anti-Semitic harassment over the previous 12 months, and 8 percent said a family member or close friend had experienced verbal insults or harassment because of being Jewish over the same period.  Three percent had felt discriminated against because of their religion or belief.  Twelve percent of respondents considered anti-Semitism to be a problem in the country; 77 percent considered the level of anti-Semitism had stayed the same over the previous five years.

Riga Jewish Community Executive Director Gita Umanovska said that anti-Semitic hate speech on the internet was mostly in the form of posts on social media and comments on news articles, although none were reported to police.  For example, one online commenter wrote, “Hitler was too humane.”  Another wrote, “It is a damned nation that causes riots… and destroys nations from within that God himself cursed when he made them walk 40 years through the desert.  They don’t deserve anything!”  Another poster wrote:  “in the Jewish Torah it says that other people are goy … [Jews] can kill them and humiliate them, and even destroy entire nations.  It is not surprising that Adolf (half-Jewish) started to beat his own, so that they do not go too far.”

According to Muslim community leader Zainullins, anti-Muslim hate speech on the internet also consisted mostly of posts on social media and comments on news articles.  For example, one site carried the message, “You [Muslims] have no place in Europe with your savage beliefs”.  Another message read, “Muslims have their own territory, Christians have their own … Maybe you do not have to offer your territory to a potential enemy so that no [expletive] could happen!”  Several comments suggested the pilgrimage to Mecca would be a perfect opportunity for a bombing, such as:  “All of them could go straight to their hotly-loved Allah in one big crowd.  There are so many Muslims in one place.  Really no one has thought of it.”

In September the Riga City Vidzeme District Court ordered the government to pay 2,000 euros ($2,300) in damages to Leonards Inkins for prosecuting him on charges of anti-Semitism because of an article Inkins wrote in 2012 defending a broadcast by Radio Naba.  On that broadcast, a person said he had witnessed “Jews with guns” in charge.  In 2017, the Supreme Court upheld lower court verdicts acquitting Inkins of anti-Semitism.

During a visit to the country in September, Pope Francis prayed along with members of the Lutheran, Russian Orthodox, Baptist, Methodist, and Episcopalian faiths at the Lutheran cathedral in Riga.  Pope Francis praised the people’s solidarity in the face of ethnic and religious differences.  He laid flowers at the Freedom Monument honoring soldiers killed in the War of Independence before celebrating a Mass for 40,000 persons at the Basilica of Aglona, a Catholic pilgrimage site.  During the Mass in Aglona, the pope called for “the spirit of universal fraternity.”

Legal Framework

The constitution stipulates there is no state religion and provides for the right of individuals to choose freely any religion or belief, to profess their religion and perform religious practices, individually or with others, in private or in public, and to practice and teach their beliefs.  It states no one may compel another person (or be compelled) to choose or profess any religion or belief.  The constitution allows limits on the freedom to profess and spread religious beliefs when necessary to protect health, safety, public order, or the fundamental rights and freedoms of others.  It restricts freedom of expression if it incites religious hatred, violence, or discrimination.  It stipulates religious belief may not serve as justification for failing to comply with laws.

Under the constitution, the government may temporarily restrict freedom of expression of religious belief during a period of martial law or a state of emergency, although it has never invoked this right.

The constitution acknowledges the freedom of parents or guardians to oversee the religious and moral education of their children without interference and stipulates public education shall be secular, although schools may provide religious instruction at the request of parents.  The constitution grants recognition to “traditional” religious groups and provides for recognition of other religious groups if they have support in society and their teachings and practices do not conflict with law or public morals.  It states the status of religious groups shall be established by agreement or law, and recognized religious groups shall be free to carry out their activities as long as they are not in conflict with the constitution or laws.

The law defines religious groups as (1) religious communities, (2) religious associations, which comprise at least two religious communities under common leadership, and (3) religious centers, which are higher governing bodies of religious associations.

The law recognizes as “traditional” those religious groups able to trace back their presence in the country at least 300 years.  The law lists nine “traditional” religious groups:  Roman Catholic, Greek Catholic, Evangelical Lutheran, Evangelical Reformed, Russian Orthodox, Old Believer, Jewish, Sunni Muslim, and Karaite Jewish.  Traditional religious groups may perform marriages that are state-recognized, establish joint private/public schools, provide religious instruction in public schools, and receive annual government subsidies.  Their highest-ranking leaders are eligible to apply for diplomatic passports, and they may provide chaplains for the military, social care institutions, hospitals, and prisons.  The state provides social security and healthcare insurance contributions for clergy, religious workers, and members of monastic orders of the traditional religious groups.  Traditional religious groups are also not required to pay social and health insurance taxes for clergy and most other religious workers and members of monastic orders.

Other religious groups and associations may apply to the MOJ for state recognition if they have been officially registered in the country for at least 25 years.  Parliament votes whether to grant this status upon recommendation from the MOJ.  The Evangelical Baptist Union of Lithuania, the Seventh-day Adventist Church, the Pentecostal Evangelical Belief Christian Union, and the New Apostolic Church of Lithuania are the only state-recognized nontraditional religious groups.

Recognition entitles nontraditional religious groups to perform marriages and provide religious instruction in public schools.  Unlike traditional groups, however, they are not eligible for annual subsidies from the state budget.  The law provides recognized nontraditional religious groups with legal entity status, but they do not qualify for certain social security and healthcare contributions by the state.

The MOJ handles official registration of religious communities, associations, and centers.  Groups wishing to register must submit an application and supporting documentation to the MOJ, including their bylaws describing their religious teachings and governance, minutes of the founding meeting, and a list of the founders, at least 15 of whom must be citizens.  Upon approval of its application, a religious community, association, or center may register as a legal entity with the State Enterprise Center of Registers.  Registration is voluntary for religious communities, associations, and centers affiliated with traditional religious groups and mandatory for nontraditional communities wishing to receive legal status.

Registration of traditional religious communities, associations, and centers is free of charge, while nontraditional communities pay a fee of 32 euros ($37).  Traditional communities also have a simpler registration procedure, needing to submit only an application, decisions of their governing body on the appointment of their leader, and their headquarters address.  The MOJ may refuse to register a religious group if full data are not included in the application; the activities of the group violate human rights or public order; or a group with the same name has already registered.  According to the Center of Registers, there are 1,115 traditional and 194 nontraditional religious communities, associations, and centers officially registered in the register of legal entities.

For nontraditional religious groups, official registration is a prerequisite for opening a bank account, owning property, and acting in a legal or official capacity as a community.  The law allows all registered religious groups to own property for use as prayer houses, homes, and other functions, and permits construction of facilities necessary for religious activities.  All registered groups are eligible for public funds from municipalities for cultural and social projects.

In December 2017, parliament amended the law to exempt all clergy from registered groups from compulsory military service.  Previously, only clergy (and theological students) from traditional religious groups were exempt from military service.  In the event of a conflict, clergy would be called to serve as chaplains in the military.

Unregistered communities have no legal status, but the constitution allows them to conduct worship services and seek new members.

The Interministerial Commission to Coordinate Activities of Governmental Institutions that Deal with Issues of Religious, Esoteric, and Spiritual Groups coordinates investigations of religious groups if there is a concern a group’s actions may be inconsistent with what the commission perceives to be “principles that stress respect for human freedom of expression and freedom of religion.”

The Journalist Ethics Inspectorate, an independent, government-sponsored organization whose head is appointed by parliament, investigates complaints involving the violation of regulatory laws governing the provision of information to the public, including print media and the internet.  These laws include prohibition of the publication of material that fuels religious hatred.  The inspectorate may levy administrative fines on newspapers or refer cases to the Office of the General Prosecutor.

The Soviet Union nationalized all religious buildings, some of which it redistributed, while others continued to serve religious communities.  For properties belonging to the national government, registered groups could apply to the appropriate ministry for the restitution of, or compensation for, religious property they owned before June 19, 1948.  For former religious properties belonging to municipalities, registered groups applied for restitution or compensation to the appropriate municipality.  Religious communities could also register a claim for property not officially registered under their name but which they used during the Soviet period.  If the ministry or municipality determines the claim is legitimate, it drafts a resolution officially returning the property to its original owner.  The deadline for registered religious groups to submit a claim for religious property restitution was 1997.  The government continues to review cases filed by the 1997 deadline but is not accepting any new claims.  Religious groups may appeal the decisions of the ministry or municipality in court.  Unregistered religious groups could not apply for restitution.

A compensation fund for Jewish-owned communal property nationalized under totalitarian regimes is designed to support Jewish educational, religious, scientific, cultural, and healthcare projects with public benefits.  Pursuant to the law, the government is committed to disbursing 37 million euros ($42.43 million) over the course of the decade ending March 1, 2023.  Funds go to the Good Will Foundation, a public institution governed by national and international Jewish leaders.

The country has no law for the restitution of heirless private property.

The government allocates funds to traditional religious communities for refurbishing houses of prayer, restoring old cemeteries, and preserving cultural heritage sites.  Each traditional religion group receives 3,075 euros ($3,500) every year as a base fund plus a variable component that depends on the number of believers of each community.

The constitution and other law permits and funds religious instruction in public schools for traditional and other state-recognized religious groups.  Most religious instructors are regular state-employed teachers, but some are priests, seminarians, or monks.  Parents must choose either religious instruction or secular ethics classes for their children, but may not opt out of both offerings.  Schools decide which of the traditional religious groups will be represented in their curricula on the basis of requests from parents of children up to age 14, after which students present the requests themselves.

There are 30 private schools established by religious communities, 26 Catholic and four Jewish; students of different religious groups may attend these schools.  All accredited private schools (religious and nonreligious) receive funding from municipalities and the Ministry of Education and Science through a voucher system based on the number of pupils.  Each private school receives 1,099 euros ($1,300) per student.  Beginning with the 2017-18 school year, national minority schools, which include schools established by the Jewish community, receive 20 percent more – 1,318.80 euros ($1,500) – per student than other private schools.  The per-student stipend covers only the program costs of school operation.  Private school operators generally bear responsibility for covering capital outlays; however, per an agreement the government signed with the Holy See, the Ministry of Education and Science funds both the capital and operating costs of private Catholic schools.

The criminal code prohibits incitement of hatred and discrimination based on religion and stipulates fines or up to two years in prison for violations.  The code penalizes interference with religious ceremonies of recognized religious groups with community service, fines, or detention for up to 90 days.  The law does not address interference with or incitement of hatred against unrecognized religious groups.

The Office of the Equal Opportunities (OEO) ombudsperson investigates complaints of discrimination, including those based on religion, directed against state institutions, educational institutions, employers, and product and service sellers and producers.  Parliament appoints the ombudsperson for a period of five years.  The office conducts independent investigations, publishes surveys and independent reports on discrimination, and provides conclusions and recommendations on any discrimination-related issues.  The office also makes proposals to state and municipal institutions and government agencies concerning the improvement of legal acts and priorities of the implementation of equal rights policy.  The OEO ombudsperson does not levy monetary penalties.

The parliamentary ombudsperson often works with the OEO ombudsperson but is a separate entity.  The parliamentary ombudsperson examines the conduct of state authorities in serving the population.  The law governing the parliamentary ombudsperson specifically includes religious discrimination within its purview.  The OEO and parliamentary ombudsperson may investigate complaints, recommend changes in the law or draft legislation to parliamentary committees and ministries, and recommend cases to the prosecutor general’s office for pretrial investigation.

The criminal code prohibits public display of Soviet and Nazi symbols or national anthems.  Violators are subject to fines of 144-289 euros ($170-$330).

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

Government Practices

On May 25, the MOJ submitted to parliament an application from the Romuva for state-recognized religious association status.  Minister of Justice Eimutis Misiunas supported the proposal, stating the Romuva’s commitment to reviving national culture was important for the country’s national identity and that Romuva was the country’s fastest growing religious community.  The parliamentary committee on human rights was reviewing the proposal at year’s end.  An application for religious association status by the United Methodist Church of Lithuania, which the MOJ submitted to parliament, with a favorable recommendation, in 2001 remained pending.  According to the MOJ, it was incumbent on the United Methodist Church to advocate for its application in parliament, but the group had not done so.

In April Minister of Economy Virginijus Sinkevicius introduced in parliament an amendment that would ban the sale of material that “distorts historical facts” about the nation, which was met by criticism from many quarters.  Parliament’s legal department concluded it failed to ensure human rights.  The LJC said it “raise[d] well-founded concerns and recall[ed] the dark times of government censorship… and ha[d] given rise to anger, with foundation, in the international Jewish community.”  Lithuanian and international media also reacted negatively, with some viewing the proposed amendment as a response to the publication in 2016 of a controversial book by Lithuanian writer Ruta Vanagaite and a representative of the Simon Wiesenthal Center citing participation by Lithuanians in the Holocaust.  The proposal never reached a final vote in parliament, and Sinkevicius withdrew it in May.

In October media reported that the Ministry of Finance had proposed allocating 28.3 million euros ($32.45 million) for the reconstruction of the Vilnius Sports Palace, which the Soviets built on the Snipiskes cemetery, Vilnius’s oldest Jewish cemetery, in 1971.  The plans were to convert the buildings into a conference center, with design work scheduled to begin in 2019, construction in 2020, and an opening by 2021.  In November the government approved the budget allocation.  On August 29, the Vilnius Jewish Community, one of 33 regional branches of the LJC, and other local Jewish groups issued a statement protesting the Sports Palace renovation, as well as other renovation projects of Soviet buildings located on the site of former Jewish cemeteries in Kaunas and Siauliai.  The proposed renovations at the latter two sites remained pending.  The national LJC supported the Vilnius Sports Palace project.  The government stated it would undertake the project in accordance with the August 26, 2009 agreement between the LJC, the Committee for the Preservation of Jewish Cemeteries in Europe, and the Lithuanian Department of Cultural Heritage, and would protect the area of the cemetery at the Sports Palace and its buffer zone, as well as other related areas.  The LJC and Vilnius municipality said that, in recognition of the sensitivity of the issue, they had installed vehicle barriers and 10 information plaques around the Sports Palace, noting it had once been a Jewish cemetery and that all of the human remains had been removed.  Initially, Prime Minister Saulius Skvernelis said he backed a proposal to convert part of the new complex into a Jewish museum or cultural center; the government was still considering other proposals aimed at commemorating the legacy of the Snipiskes Jewish cemetery at year’s end.

The government again disbursed 3.62 million euros ($4.15 million) to the Good Will Foundation, in accordance with its agreement with that institution.

The government provided 1.2 million euros ($1.38 million) to traditional religious groups to reconstruct religious buildings and to support other religious community activities.  Of this total, it granted one million euros ($1.15 million) to the Roman Catholic Church (some of which was to assist with preparations for the visit of Pope Francis in September) and 61,100 euros ($70,100) to the Russian Orthodox community.  The remaining 139,000 euros ($159,000) was divided among the Old Believer, Evangelical Lutheran, Evangelical Reformed, Sunni Muslim, Karaite and other Jewish, and Greek Catholic communities.

On March 15, parliament removed Vigilijus Sadauskas from the government-appointed position of ombudsman for academic ethics and procedures amid allegations of anti-Semitism.  Sadauskas, affiliated with Gedimino Technical University, had offered a reward to students who submitted a research thesis about Jewish crimes in the 20th century.

The OEO ombudsperson received five complaints of discrimination based on religion.  Two concerned public schools holding graduation ceremonies at Catholic churches.  Another concerned the content of the mission statement of a kindergarten operated by a religious community.  A fourth involved the establishment of the position of police chaplain, a move that the petitioner stated favored Christianity.  The OEO ombudsperson found these four complaints fell outside of the jurisdiction of the OEO office.  The fifth complaint was from a prisoner who charged authorities did not allow him to participate in Christmas Mass.  The ombudsperson ruled the incident did not constitute religious discrimination.

The government and civil society organizations continued to work together to promote Holocaust education and tolerance in schools.  In July the Ministry of Culture sponsored a summer camp in Cekiskes to teach high school students about Jewish history and the preservation of Jewish culture.  The program included tours, lectures, concerts, exhibitions, and conferences in Vilnius, Kaunas, Klaipeda, Kedainiai and other cities.  On August 24, Prime Minister Skvernelis and Israeli Prime Minister Benjamin Netanyahu attended a ceremony at the Paneriai Memorial, which is located less than 11 miles from central Vilnius and marks the site where the Gestapo, the SS security service, and the Vilnius Special Squad executed approximately 70,000 Jews between July 1941 and 1944.  Prime Minister Skvernelis referred to the Holocaust as the “worst episode” in the country’s history and said the government was responsible for ensuring that this chapter not be hidden from the world.  In September the nongovernmental organization Lithuanian Human Rights Center, in cooperation with local municipalities, installed eight new memorials known as “stumbling stones” to commemorate Holocaust victims in Alytus, Ukmerge, Plunge, and Kuliai.

On September 19, Minister of Foreign Affairs Linas Linkevicius called on authorities to remove a memorial plaque located on the side of the library of the Lithuanian Academy of Sciences in central Vilnius honoring Jonas Noreika, a Lithuanian military officer known as Generolas Vetra (General Storm).  Faina Kukliansky, head of the LJC, also called for the removal of the plaque.  The appeals came after The New York Times published an article in early September citing a descendant of Vetra, who said Vetra had been complicit in the killing of Jews during the Holocaust.  By year’s end, the library had not removed the plaque.

Government officials continued to participate in ceremonies to commemorate the Holocaust.  On January 26, Minister of Foreign Affairs Linkevicius delivered a speech on International Holocaust Remembrance Day; he referred to the role of Lithuanian collaborators during the Holocaust as a “scar” on Lithuania’s history.  On May 4, Prime Minister Skvernelis, Speaker of Parliament Viktoras Pranckietis, and Minister of Foreign Affairs Linkevicius attended a groundbreaking ceremony for the construction of a new museum in Seduva commemorating the country’s extinct Jewish shtetl communities.  Minister of Foreign Affairs Linkevicius, the President’s Advisor on Foreign Policy, the Israeli ambassador, and the LJC participated in the annual March of the Living on May 23, to memorialize the killing of 70,000 Jews in Ponary, on the outskirts of Vilnius, during the Nazi occupation.

On September 21, government and nongovernmental bodies organized events to mark the country’s 75th Holocaust Memorial Day.  Minister of Foreign Affairs Linkevicius, Vice Chancellor Deividas Matulionis, Mayor of Vilnius Remigijus Simasius, MPs, Catholic Archbishop of Vilnius Gintaras Grusas, the LJC, and foreign dignitaries attended the unveiling of a memorial stone in Vilnius to honor the country’s Righteous Among the Nations – individuals recognized by Israel as risking their lives to help Jews during the Holocaust.  In opening remarks, Minister of Foreign Affairs Linkevicius said, “Jews were killed by the Nazis and their Lithuanian collaborators.  We can never forget this.  But when there are tragic events and trials, there are also people to whom truth and justice is more important than their own lives.”  On September 22, President Dalia Grybauskaite stated, “In a country brutalized by both Nazi and Stalinist crimes, many people stood up to rescue Jews because they saw humanity as the ultimate good.”

On September 23, the anniversary of the liquidation of the Vilnius ghetto, Speaker of Parliament Pranckietis, Minister of Culture Lijana Ruokyte-Jonsson, Mayor of Vilnius Simasius, the LJC, and Litvak (Lithuanian Jewish) organizations from Israel and Poland attended a 75th Holocaust Memorial Day ceremony at the Paneriai Memorial.  In his remarks, Speaker Pranckietis said, “Today we [Lithuanians] suffer repentance for the grievance caused to the Jewish nation.”

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

Authorities did not maintain statistics on religiously motivated incidents.

On February 16, nationalists held a march in Vilnius to commemorate the anniversary of the restoration of the country’s independence.  The march attracted approximately 300 participants, compared with 150 in the previous year; some of the participants held torches and carried national flags.  The march included a banner with a picture of, and a quote by WWII-era anti-Semite Kazys Skirpa.  Nationalists also organized a march in Vilnius on March 11, the country’s Independence Day, involving approximately 1,000 persons, compared with 500 in the previous year.  According to local observers, some of the participants displayed fascist or neo-Nazi symbols such as a skull and crossbones flag, and carried a banner with the images of Lithuanian partisans who many believe were Nazi collaborators, such as Skirpa and Jonas Noreika.

A Lithuanian writer who cowrote a controversial 2016 book on Lithuanian participation in the Holocaust told an Israeli newspaper she had received threats to her safety, which she attributed in part to her book.

Anonymous anti-Semitic and anti-Muslim comments on the internet were common, for example on Lithuanian media portal Delfi.  Examples of anti-Semitism in this forum included statements that Jews who collaborated with the KGB should be condemned by the LJC or statements justifying the Holocaust because “Jews collaborated with the Soviet Union and killed Lithuanian partisans.”  Most anti-Muslim examples included equating Muslims with terrorists.  Main media portals generally removed such comments promptly after becoming aware of them.

On September 23, more than 50 people gathered for a ceremony at the site marking the former Vilnius ghetto to place stones made of lava and ash into a metal structure in the shape of the Star of David.  During the ceremony Mayor Simasius said, “Our duty is to mark this day, to remember and say deep in our heart, ‘never again.’”

Also on September 23, Pope Francis visited the country and prayed at the site of the former Vilnius ghetto.  At a Mass in Kaunas, he warned against any rebirth of “pernicious” anti-Semitism and honored Jewish victims of the Holocaust.

Legal Framework

The constitution guarantees freedom of religion, including the freedom to practice religion in public and manifest religious opinions, as long as no crime is committed in exercising that freedom.  While the constitution guarantees the right to assemble peacefully without prior authorization, it stipulates that open-air religious or other meetings are subject to regulation by police.  The constitution prohibits compulsory participation in or attendance at church services or observance of religious days of rest and stipulates that a civil marriage ceremony must precede a religious marriage ceremony for the state to recognize it.  The constitution provides for the regulation of relations between religious groups and the state, including the role of the state in appointing and dismissing religious clergy and the publication of documents by religious groups, through conventions between the state and individual religious groups.  These conventions are subject to parliamentary review.

The government has formally approved conventions with six religious groups, which it supports financially based on the number of adherents of each group.  The six groups are the Catholic Church, Greek, Russian, Romanian, and Serbian Orthodox Churches as one community, Anglican Church, Reformed Protestant Church of Luxembourg and Protestant Church of Luxembourg as one community, Jewish community, and Muslim community.  To qualify for a convention with the state, a religious community must be a recognized world religion and establish an official and stable representative body with which the government can interact.  Groups without signed conventions, such as the Baha’i Faith, operate freely but do not receive state funding.

The government funding levels for the six religious groups are specified in each convention:  6.75 million euros ($7.74 million) to the Catholic community; 315,000 euros ($361,000) to the Jewish community; 285,000 euros ($327,000) to the Orthodox community; 450,000 euros ($516,000) to the Protestant community; 450,000 euros ($516,000) to the Muslim community; and 125,000 euros ($143,000) to the Anglican community.  Under the law, newly hired religious workers do not receive government-funded salaries and pensions, but clergy of recognized religious groups hired in 2016 or earlier continue to receive their salaries from the government and are grandfathered into the government-funded pension system.

Under the conventions, government funding to a religious community may be cancelled if the government determines the religious community is not upholding any of the three mutually agreed principles:  respect for human rights, national law, and public order.

On April 26, parliament enacted a law prohibiting covering of the face in certain specific areas, such as official buildings or on public transportation.  The law permits individuals to wear face coverings on the street.  The prohibition applies to all forms of face coverings, including, but not limited to, full-body veils.  Violators are subject to a fine of between 25 and 250 euros ($29 to $290).

Pursuant to an agreement between the government and the Catholic Archdiocese of Luxembourg, parliament adopted a bill on January 17 that dissolved 285 local Catholic Church councils and transferred the assets they had been managing to a common Catholic Church fund under the guardianship of the archdiocese.  The bill included an inventory listing 493 religious buildings as belonging to either the fund or a municipality.  A third category enumerated those religious buildings that municipalities could not decommission without the archdiocese’s prior consent.

On June 27, parliament passed a law requiring the stunning of animals before slaughter, with exceptions for hunting and fishing.  Violators are subject to a fine of between 251 and 200,000 euros ($290 to $229,000) and possible imprisonment between eight days and three years.  The law does not prohibit the sale or importation of halal or kosher meat.

According to law, public schools may not teach religion classes, but students are required to take an ethics course called Life and Society.  The ethics course covers religion, primarily from a historical perspective.

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

Government Practices

According to police, no individual had violated the new law banning facial coverings in certain public places since its introduction.

On July 11, the Luxembourg Administrative Court dismissed a lawsuit filed in 2016 by the Syndicate of Church Councils, an association representing the interests of 270 of the 285 local Catholic Church councils, and 109 church councils against the government and Catholic Archbishop of Luxembourg Jean-Claude Hollerich.  The suit had sought to invalidate the agreement between the government and the archdiocese on the disposition of Catholic Church property managed by the local Church councils.  The court ruled that the Church councils did not own the properties in question and therefore could not argue they had been expropriated.  Forty-seven Church councils filed a separate lawsuit on the same topic in April at the Luxembourg district court for damages; the case was pending at year’s end.

The Jewish Consistory – an umbrella organization concerned with Jewish life in the country that acts as the main interlocutor for the Jewish community with the government and other religious communities – and members of the Muslim community said the new law requiring the stunning of animals prior to killing them affected the religious freedom of Jews and Muslims, as it had an impact on ritual slaughter consistent with their religious beliefs.  According to the consistory, although the law made ritual slaughter illegal, in practice, the Jewish and Muslim communities were not affected, as they had already been importing meat for their consumption from abroad since there had been no halal or kosher slaughterhouses in the country prior to enactment of the law.

In September the pastor of the Protestant Trinity Church in Luxembourg City reiterated that the mounting costs for an ongoing civil court case could potentially bankrupt his church.  The pastor stated the judge should have dismissed the case because it pertained to an internal church matter.

In June the government signed an agreement with the Major Seminary (Grand Seminaire), a legal entity that trains Catholic priests, through which the government committed to providing 615,000 euros per year ($705,000) between 2018 and 2021 to the LSRS to promote, among other objectives, research, education, and collaboration with religious groups that have signed agreements with the state.  The Major Seminary founded the LSRS in 2015 to foster relations between religious communities in the country, with a particular focus on CCC members.

According to data provided by the Ministry of Foreign Affairs, the government granted refugee status to 978 individuals during the year, the majority of whom were Muslim.  The Organization for Welcome and Integration, an entity of the Ministry of Family and Integration, stated the government sought to be proactive in assuring refugee access to mosques, halal meals, and same-sex housing for those who requested it.

On June 17, the government inaugurated a monument honoring the country’s Holocaust victims.  Speaking at the inauguration ceremony, Prime Minister Xavier Bettel underscored the persecution of Jews during World War II.  The Jewish Consistory welcomed the government’s action, describing it as an important step to combat recurring anti-Semitism.

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

In contrast with the previous year, when it did not meet, the CCC met four times during the year, but did not disclose information about its deliberations.  Archbishop Hollerich and Grand Rabbi Alain David Nacache continued to serve as president and vice president, respectively.  The New Apostolic Church and the Baha’i Faith, which did not sign conventions with the government, continued to participate in council meetings, as they had since its foundation in 2013, as permanently invited members without voting rights.

The LSRS hosted several conferences and expositions throughout the year.  On October 25, the LSRS hosted a conference on “Religious Freedom:  Chance for the Individual and Challenge for the Religious Community.”  The LSRS headquarters, located in the same building housing the Major Seminary, served as meeting place for the CCC.

Legal Framework

The constitution stipulates full freedom of conscience and religious worship, subject to restrictions in the interests of public safety, order, morality, health, or protection of the rights and freedoms of others.  It prohibits discriminatory treatment based on creed.  The constitution establishes Catholicism as the state religion and states the Catholic Church has “the duty and the right to teach which principles are right and which are wrong.”

The criminal code prohibits the disturbance of “any function, ceremony, or religious service of any religion tolerated by law,” and carried out by a minister of religion, both in places of worship or in areas accessible to the public.  The penalty for violators is up to six months in prison.  The punishment may increase if the disturbance results in “serious danger.”  If the disturbance involves any act amounting to a threat or violence against a person, punishment is imprisonment for a period of six months to two years.

The criminal code prohibits individuals from wearing “masks or disguises” in public, unless explicitly allowed by law; there is no specific reference – or exception – to coverings worn for religious reasons.  Violations are subject to a reprimand, a fine of 23-1,165 euros ($26-$1,300), or a jail sentence of up to two months.

The government does not require religious groups to be registered.  A religious group has the option to register as a voluntary organization with the Office of the Commissioner for Voluntary Organizations.  To qualify for registration, the organization must be nonprofit, autonomous, and voluntary; provide a resolution letter signed by all its committee or board members requesting registration; provide its authenticated annual accounts and annual report; and pay a 40 euro ($46) registration fee.  The law does not provide registered groups with tax deductions or exemptions but allows them to engage in “public collections” without obtaining any further authorization.  It also makes them eligible to receive grants, sponsorships, and financial aid from the government and the Voluntary Organizations Fund, an entity financed through the government and the European Union.  The minister of education appoints the governing council of the fund, which includes members from voluntary organizations and a government representative.

Religious groups not registered as voluntary organizations with the Office of the Commissioner for Voluntary Organizations do not receive funding from the government or the Voluntary Organizations Fund, and must obtain approval from the commissioner of police to carry out public collections.  Approval is not required for collections from members or congregants.  Groups that do not register as voluntary organizations otherwise have the same legal rights as registered groups.

All registered and unregistered religious groups may own property, including buildings.  Groups using property for a particular purpose, including religious worship, must obtain a permit for that purpose from the Planning Authority.  All religious groups may organize and run private religious schools, and their clergy may perform legally recognized marriages and other religious functions.

The constitution and law make Catholic education compulsory in public schools, although non-Catholic teachers may teach the course.  Students, with parental consent if the student is under the age of 16, may opt out of these classes and instead take an ethics course, if one is available.  If a school does not offer an ethics course, students may still opt out of the religion class.

Students may enroll in private religious schools.  The law does not regulate religious education in private schools.  The law does not allow homeschooling for religious or other reasons except for physical or mental infirmity.

The law allows criticism of religious groups but prohibits incitement of religious hatred; violators are subject to imprisonment for a term of six to 18 months.

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

Government Practices

In July, according to media reports, the Planning Authority postponed making a decision for six months on an application the Russian Orthodox Parish of St. Paul the Apostle submitted in 2017 to build a new church in Kappara.  According to the Times of Malta newspaper, the Planning Authority needed more time to analyze the proposal, which generated opposition from nearby residents and from Nature Trust Malta, the manager of the Wied Ghollieqa nature reserve adjacent to the proposed site.

The government continued its practice of not enforcing the legal ban on face coverings or disguises, including those worn for religious purposes.

The government did not introduce voluntary Islamic religious education as an after-school program in state primary or secondary schools.  In 2017, there were reports the government was advancing plans to introduce such classes in state schools, and Education and Employment Minister Evarist Bartolo said at that time there should be no problem in providing voluntary, accredited Islamic religious classes in schools.  In October the Ministry of Education and Employment stated it was continuing discussions with Muslim leaders on the possible introduction of Islamic classes; it did not release details or a timeline for the program’s implementation.  The government said it also continued to explore similar programs for other religious groups.

The Ministry of Education and Employment continued to expand a pilot program to offer ethics education in state schools as an alternative to Catholic religious classes.  According to the ministry, 10.2 percent of students opted for ethics education in schools that offered it.  The ministry attributed this increased enrollment to the growing number of non-Catholic foreign students.  During the 2017-18 school year, 1,520 primary and secondary level students, approximately 4.8 percent of the student body in state schools, enrolled in ethics classes, compared with 1,073 students in the previous year.  For the first time, the government appointed an education officer specifically for ethics education, and recognized the subject in assessing qualifications for the Secondary Education Certificate, a credential gained by students following exams at the end of their compulsory secondary education.  During the 2017-18 school year, post-secondary educational institutions also began accepting ethics education as an academic subject for students in their academic programs.

In June the opposition Nationalist Party organized an iftar for members of the Muslim community at its party headquarters.  In remarks at the iftar, Nationalist Party leader Adrian Delia appealed for religions to unite, rather than divide, people.

The Maltese Patriots Movement, a self-styled nationalist group and political party that did not hold political office at any level, said it intended to promote a “fair, safe, and Christian Europe.”  The group opposed migration, the teaching of Islam in Catholic schools, and the existence of unofficial Muslim prayer rooms.  The Maltese Patriots said they intended to contest European Parliament elections in 2019.

Catholic parishes made their premises available for the Russian Orthodox Parish of St. Paul the Apostle to use while the latter congregation awaited the Planning Authority’s decision on its application to build a church.

Legal Framework

The constitution provides for freedom of conscience and religion.  It states freedom of religion includes the freedom to profess or to accept a religion by personal choice as well as to manifest that religion, either individually or collectively, publicly or privately, by worshipping, praying, participating in ceremonies, performing rites, or teaching.  It states freedom to express religion may be limited only by law when necessary to defend state security, public order, health, morals, or the rights of others.  The constitution states “churches and other religious organizations shall have equal rights.”  It stipulates the relationship between the state and churches and other religious organizations shall be based on the principle of respect for autonomy and mutual independence.  The constitution specifies that relations with the Roman Catholic Church shall be determined by an international concordat concluded with the Holy See and by statute, and relations with other churches and religious organizations by statutes adopted pursuant to agreements between representatives of these groups and the Council of Ministers.

According to the constitution, freedom of religion also includes the right to own places of worship and to provide religious services.  The constitution stipulates parents have the right to ensure their children receive a moral and religious upbringing and teaching in accordance with their convictions and their own religious and philosophical beliefs.  It states religious organizations may teach their faith in schools if doing so does not infringe on the religious freedom of others.  The constitution acknowledges the right of national and ethnic minorities to establish institutions designed to protect religious identity.  The constitution prohibits parties and other organizations whose programs are based on Nazism or communism.

The criminal code outlaws public speech that offends religious sentiment.  The law prescribes a fine, typically 5,000 zloty ($1,300), or up to two years in prison for violations.

Specific legislation governs the relationship of 15 religious groups with the state, outlining the structure of that relationship and procedures for communal property restitution.  The 15 religious groups are the Roman Catholic Church, Polish Orthodox Church, Evangelical-Augsburg (Lutheran) Church, Evangelical Reformed Church, Methodist Church, Baptist Church, Seventh-day Adventist Church, Polish National Catholic Church, Pentecostal Church, the Union of Jewish Communities in Poland, Mariavite Church, Old Catholic Mariavite Church, Old Eastern Orthodox Church, Muslim Religious Union, and Karaim Religious Union.  Marriages performed by officials from 11 of these groups do not require further registration at a civil registry office; however, the Mariavite Church, Muslim Religious Union, Karaim Religious Union, and Old Eastern Orthodox Church do not have that right.  An additional 166 registered religious groups and five aggregate religious organizations (the Polish Ecumenical Council, Polish Buddhist Union, Biblical Society, Evangelical Alliance, and Council of Protestant Churches) do not have a statutorily defined relationship with the state.

The law provides equal protection to all registered religious groups.  In accordance with the law, the government and the Roman Catholic Church participate in the Joint Government-Episcopate Committee, cochaired by the minister of interior and administration and a bishop, currently the Archbishop of Gdansk, which meets regularly to discuss Catholic Church-state relations.  The government also participates in a joint government-Polish Ecumenical Council committee, cochaired by a Ministry of Interior and Administration (MIA) undersecretary and the head of the Polish Ecumenical Council (an association composed of seven denominations and two religious associations, all of them non-Roman Catholic Christian), which meets to discuss issues related to minority Christian churches operating in the country.

Religious groups not the subject of specific legislation may register with the MIA, but registration is not obligatory.  To register, the law requires a group to submit a notarized application with the personal information of at least 100 citizen members; details about the group’s activities in the country; background on its doctrine and practices; a charter and physical address; identifying information about its leaders; a description of the role of the clergy, if applicable; and information on funding sources and methods of new member recruitment.  If the ministry rejects the registration application, religious groups may appeal to an administrative court.  By law, the permissible grounds for refusal of an application are failure to meet formal requirements or inclusion in the application of provisions that may violate public safety and order, health, public morality, parental authority or freedom, and rights of other persons.  Unregistered groups may worship, proselytize, publish or import religious literature freely, and bring in foreign missionaries, but they have no legal recognition and are unable to undertake certain functions such as owning property or holding bank accounts in their name.  The 186 registered and statutorily recognized religious groups receive other privileges not available to unregistered groups, such as selective tax benefits – they are exempt from import tariffs, property taxes and income tax on their educational, scientific, cultural, and legal activities, and their official representatives are also exempt from income and property taxes – and the right to acquire property and teach religion in schools.

Four commissions oversee communal religious property restitution claims submitted by their respective statutory filing deadlines, one each for the Jewish community, Lutheran Church, and Orthodox Church, and one for all other denominations.  The commissions function in accordance with legislation providing for the restitution to religious communities of property they owned and that was nationalized during or after World War II (WWII).  A separate commission overseeing claims by the Roman Catholic Church completed its work in 2011.  The MIA and the respective religious community each appoint representatives to the commissions.  The law states decisions by the commission ruling on communal property claims may not be appealed, but the Constitutional Tribunal ruled in 2013 that parties could appeal commission decisions in administrative courts.  There have been no reports of parties filing such appeals.  The law does not address communal properties the government sold or turned over to new private owners after WWII.

There is no comprehensive national law governing private property restitution.  Members of religious groups, like other private claimants, may pursue restitution through the courts.

The law authorizes Warsaw city authorities to expeditiously resolve long-standing restitution cases affecting Warsaw properties now being used for public purposes.  Warsaw city officials must post a notification of specific public properties for a six-month period during which original owners of the property must submit their claims.  At the end of the six-month period, Warsaw city authorities may make a final determination on the disposition of the property, either declaring that the property shall remain public and not be subject to any future claims, or returning the property or monetary compensation to the original owner.

In accordance with the law, all public and private schools teach voluntary religion classes.  Schools must provide instruction in any of the registered faiths if there are at least seven students requesting it.  Each registered religious group determines the content of classes in its faith and provides the teachers, who receive salaries from the state.  Students may also request to take an optional ethics class instead of a religion class; the ethics class is optional even if students decline to take a religion class.

Citizens have the right to sue the government for constitutional violations of religious freedom, and the law prohibits discrimination or persecution on the basis of religion or belief.

The constitution recognizes the right to conscientious objection to military service on religious grounds but states such objectors may be required to perform alternative service as specified by law.

The human rights ombudsman is responsible for safeguarding human and civil freedoms and rights, including the freedom of religion and conscience, specified in the constitution and other legal acts.  The ombudsman is independent from the government, and appointed by parliament.

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

Government Practices

On July 31, the MIA approved the registration of the Church of the Living God, originally applied for in 2016.  According to the MIA, the average length of time to process a registration application is approximately two years.

On February 6, the president signed into law amendments to the IPN law, which stated anyone who publicly assigned the “Polish state or nation” responsibility or joint responsibility for Nazi crimes committed by the Third Reich during WWII could be fined or imprisoned for up to three years.  After signing the law, the president referred it to the Constitutional Court over concerns it violated free speech protections.  On June 26, following significant international criticism of the law, parliament voted to remove the provisions criminalizing attribution of Nazi crimes to the Polish state or nation, and the president signed the legislation the same day.  The civil penalties in the law remained unchanged, as did the provisions criminalizing denial of purported Ukrainian WWII-era collaboration and war crimes.  Under the civil provisions, the Institute of National Remembrance and NGOs established to defend the country’s historical record may file suit to defend the country’s reputation and demand a retraction and payment of compensation to the state or a charity.

On February 17, Prime Minister Mateusz Morawiecki stated in response to a journalist’s question that the IPN law would not affect the ability to say, “…there were Polish perpetrators [during WWII], as there were Jewish perpetrators, as there were Russian perpetrators, as well as Ukrainian perpetrators – not only German perpetrators.”

On June 27, Prime Minister Morawiecki and Israeli Prime Minister Benjamin Netanyahu signed a joint declaration supporting free and open historical expression and research on the Holocaust and condemning all forms of anti-Semitism, and called for a return to civil and respectful public dialogue.  On July 5, the U.S. Holocaust Memorial Museum and the Yad Vashem Institute criticized the IPN law and the prime ministers’ joint declaration, stating the penalties remaining in the amended law could harm researchers, impede research, and interfere with the historical memory of the Holocaust.

In July parliamentarians from the PiS Party voted down a motion in the Sejm (parliament) National and Ethnic Minority Committee to request the prime minister to review a June 2017 written appeal by several Muslim organizations to the speaker of the lower house of parliament to protect the Muslim minority in the country.  The authors of the appeal stated political debates reinforced anti-Muslim messages in media and could lead to an escalation of xenophobic behavior against Muslims.

According to MIA statistics, the religious community property commissions resolved 87 communal property claims during the year, out of approximately 3,240 pending claims by religious groups.  At year’s end, the commissions had partially or entirely resolved a total of 2,810 of 5,554 claims by the Jewish community, 989 of 1,200 claims by the Lutheran community, 268 of 472 claims by the Orthodox Church, and 87 of 170 claims by all other denominations.

Critics continued to point out the laws on religious communal property restitution do not address the issue of disputed communal properties now privately owned, and the government left several controversial and complicated cases unresolved.  These included a number of cases in which buildings and residences were built on land that included Jewish cemeteries destroyed during or after WWII.  The Jewish community continued to report the pace of Jewish communal property restitution was slow, involved considerable legal expense, and often ended without any recovery of property or other compensation for claimants.

Warsaw city authorities continued implementing the 2015 law critics stated might extinguish potential claims by private individuals, including Jews and members of other religious minorities, on public properties seized in WWII or the communist era.  On September 17, Warsaw Mayor Hanna Gronkiewicz-Waltz stated that since the law entered into force in September 2016, the city had discontinued 48 dormant claims filed before 1950 and refused 58 restitution claims against public properties.  These included schools, preschools, a park, a police command unit site, a hospital, and city-owned apartment houses.  There was no information available as to the identity of those claiming prior ownership or whether any belonged to religious minorities.

The World Jewish Restitution Organization sent a formal request to the Mayor of Warsaw asking the city to give claimants sufficient time to complete succession proceedings (proving legal inheritance or succession in Polish courts) to avoid the discontinuance of their property claims.  The mayor responded the city was obligated to administer the public property restitution law as it was passed by the national parliament and upheld by the Constitutional Court.

A special government commission led by Deputy Justice Minister Patryk Jaki continued to investigate accusations of irregularities in restitution of private property in Warsaw.  On June 30, the commission reported it had reviewed 593 prior restitution cases and issued 74 decisions during its first 12 months of operations in 2016-17.  The commission chair estimated the commission’s actions returned 700 million zloty ($186.52 million) in property value to the city of Warsaw.  Several NGOs and lawyers representing claimants, including lawyers representing Holocaust survivors or their heirs, stated the commission had had a negative effect on private property restitution cases, as administrative and court decisions had slowed down in response to the commission’s decisions.

On February 12, the head of the committee of the Council of Ministers responsible for coordinating legislation announced the justice ministry’s October 2017 comprehensive private property restitution draft legislation needed further revisions and analysis, and that there were questions about its potential costs and compliance with national and international law.  The proposed law would block any physical return of former properties, whether the properties were currently privately or publicly owned, provide compensation of 20-25 percent of the property’s value at the time of taking in cash or government bonds, and set a one-year claims filing period.  The draft legislation continued to draw intense media coverage and public scrutiny.  NGOs and advocacy groups expressed concern the legislation would exclude foreign potential claimants, many of whom were Holocaust survivors or their heirs.  For example, according to media reports in February, the World Jewish Restitution Organization and the World Jewish Congress sent government officials letters criticizing the bill, stating it would end return of properties in kind, provide unjustly low compensations for lost properties, and place unjust restrictions on the persons eligible for compensation.  The government had not announced any updates on the status of the draft law by year’s end.

On November 11, the government led a march through Warsaw in celebration of 100 years of the country’s regained independence.  The march occurred together with the annual Independence Day March organized by a coalition of groups, such as National Radical Camp (ONR) and All Polish Youth, widely deemed extremist and nationalist in their ideologies.  While there were no reports of anti-Semitic or anti-Muslim posters or chants and no reports of violence, a small number of participants displayed Celtic crosses, a far-right nationalist symbol, and messages such as “Poland, White and Catholic.”

On July 27, the Supreme Administrative Court rejected the final appeal of the Church of the Flying Spaghetti Monster, to which the MIA denied registration in 2013.

On January 29, the director of state-run television station TVP-2, Marcin Wolski, stated on air that Nazi concentration camps were “not German or Polish camps, but Jewish camps,” arguing that Jews operated the crematoria at Auschwitz.  During the same program, political commentator and author Rafal Ziemkiewicz stated, “Jews were part of their own destruction” during the Holocaust.  On February 7, Prosecutor General Zbigniew Ziobro asked the Warsaw prosecutor’s office to conduct a preliminary review to determine whether Wolski and Ziemkiewicz’s comments violated the law preventing public offense on the grounds of national, ethnic, racial, or religious identity.  At year’s end, the government had not disclosed any information about the status of the review.

On February 8, PiS Party Parliamentary Caucus Deputy Chair Jacek Zalek said during a televised interview that Germans, not Poles, killed Jews in the 1941 Jedwabne pogrom in which at least 300 Jews perished when a barn in which they were locked was set afire.  Historians have found that Jews in Jedwabne were killed by their Polish neighbors while under Nazi occupation.

On February 22, PiS Party Senator Waldemar Bonkowski posted anti-Semitic material on his Facebook page, including a video edited from Nazi propaganda movies.  The party suspended Bonkowski’s party membership that same day.  Bonkowski’s membership remained suspended at year’s end.

In March opposition parliamentarian Kornel Morawiecki from the Freedom and Solidarity Party said in an interview that Jews moved into WWII-era ghettos voluntarily because “they were told it would be an enclave for them where they would not have to deal with those nasty Poles.”

In June the National Radio and Television Broadcasting Council rejected complaints by news portal Okopress and the Union of Jewish Communities in Poland regarding February 24 comments made on state-run television station TVP Info by Roman Catholic priest Henryk Zielinski.  Zielinski stated, “For us, the truth means the consistency of what we say with the facts.  For the Jew…if [he] is a religious Jew, the truth means what God wants.  If he is not religious, the truth is subjective or the truth will be what serves the interests of Israel.”  The council said Zielinski’s comments could not be considered as offensive or inciting hatred, and that the discussion on the program covered important philosophical and theological topics necessary to facilitating dialogue and agreement on disputed issues.

In July the Ministry of Culture awarded Ryszard Makowski the Gloria Arts Medal for Merit to Culture, one of the country’s highest distinctions for artistic contribution to the nation’s culture and heritage.  In March Makowski, who previously made anti-Semitic jokes on a public television show in 2016, wrote an opinion article in which he criticized the Polish government for inadvertently funding anti-Polish narratives through its support for museums such as the POLIN Museum of the History of Polish Jews in Warsaw and the Auschwitz-Birkenau Memorial Museum, and accused Jews of creating their own anti-Semitism.

Crucifixes continued to be displayed in both the upper and lower houses of parliament, as well as in many other public buildings, including public school classrooms.

There were no publicly available updates on the status of the investigation the government ordered in 2017 about a 1999 video showing naked persons laughing and playing tag in a concentration camp gas chamber at the former Nazi Stutthof concentration camp.

In January Prime Minister Morawiecki and other political and religious leaders joined Holocaust survivors to mark International Holocaust Remembrance Day and commemorate the 73rd anniversary of the liberation of Auschwitz-Birkenau.  The prime minister stated that “crushing… force [had] exterminated the Jewish people and a part of the Polish nation,” and that there was no justification for “criminal ideologies,” including anti-Semitism.

On February 10, in comments on the revised IPN law, PiS Party Chairman Jaroslaw Kaczynski condemned anti-Semitism as a “disease of the mind and soul.”

On January 13, MIA Minister Joachim Brudzinski condemned xenophobic and aggressive behavior against people because of their skin color, religion, or beliefs following an incident that day in which two men insulted two Syrian citizens in Wroclaw.  Police detained two suspects, who were charged with public insult on the basis of national origin.  There was no further information available on the case.

On April 21, law enforcement officials in the town of Dzierzoniow disrupted plans by groups whom media and law enforcement described as neofascists to organize a concert celebrating Adolf Hitler’s birthday.  Approximately 300 police officers and Internal Security Agency officers conducted a series of raids in the area, resulting in the questioning of approximately a dozen persons and the detention of the two men suspected of organizing the concert.

On January 15, President Andrzej Duda and his wife hosted an interfaith holiday gathering with representatives of various religious groups and national minorities.  The president said, “Many generations of Poles, irrespective of their language and religion, have jointly fought for a free and independent Poland,” and added that the country provided “security, peace, and the possibility for all Poles to live a normal life.”

On February 27, President Duda and his wife visited the Krakow Jewish community preschool and nursery, and met with Krakow Jewish Community Chair Tadeusz Jakubowicz and Chief Rabbi of Poland Michael Schudrich.  During the meeting, the president said Poles and Jews had 1,000 years of shared history and praised the contribution of many Jews to the country’s independence.

On March 6, the lower house of parliament adopted a resolution condemning anti-Semitism to mark the 50th anniversary of the March 1968 purges in which the communist government exiled thousands of Jews from the country.  The resolution condemned all manifestations of anti-Semitism and the 1968 communist government.

In March parliament passed, and the president signed, legislation designating March 24 as a national holiday commemorating Poles who saved Jews during WWII.

On April 12, President Duda marched together with Israeli President Reuven Rivlin in the International March of the Living, an annual educational program that brought individuals from around the world to Poland to study the history of the Holocaust.

On June 14, Deputy Prime Minister Beata Szydlo attended the 78th anniversary of the first deportation of Poles to Auschwitz at a ceremony at the site of the Nazi death camp.

On October 14, the government organized an official commemoration on the 75th anniversary of the uprising at the Sobibor Nazi extermination camp, with the participation of the Presidential Chancellery (Minister Wojciech Kolarski, who read the letter from the president), Deputy Prime Minister Piotr Glinski, former prisoners, and representatives from the prisoners’ countries of origin, including Russia, Slovakia, the Czech Republic, France, Ukraine, the Netherlands, Germany, and Austria.

The government continued to fund exchanges with national participants and Israeli Jews as part of a long-term cultural exchange agreement with the government of Israel to foster dialogue on restitution, the Holocaust, and interfaith issues.

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

The national prosecutor’s office reported that during 2017, the most recent period for which data were available, prosecutors investigated 506 religiously motivated incidents, compared with 582 in the previous year.  The report cited 328 investigations into anti-Muslim incidents (363 in 2016), and 112 investigations into anti-Semitic incidents (160 in 2016).  Prosecutors investigated 66 incidents against Roman Catholics, compared with 59 in 2016.  The NGO Never Again Association and religious groups stated government tracking of religiously motivated incidents was not systematic; they said police, prosecutors, and the MIA all kept their own sets of numbers, which did not correspond well with each other.

On February 19, more than 25 Jewish organizations issued a joint statement expressing concern over what they termed a growing wave of intolerance, xenophobia, and anti-Semitism in the country, which they said arose in reaction to criticism of the IPN law.  The statement said “It is unacceptable for Poland’s leaders to merely state that anti-Semitism is wrong without recognizing publicly that it is a dangerous, growing problem in our country today.”  Signatories stated they saw authorities’ “inaction as tacit consent for hatred directed toward the Jewish community…”  They cited an increase in the number of threats and insults directed at Jews and stated they did not feel safe.  In April a Holocaust survivor of the Lvov ghetto told participants at a rally in Gdansk of her concern regarding the lack of reaction by the government to increasing anti-Semitism.

On April 14, approximately 100 supporters of ONR marched through Gdansk to mark the 84th anniversary of the group’s founding.  During the march, some participants shouted “Death to the enemies of the country” and “One Catholic Poland.”  On April 19, Gdansk mayor Pawel Adamowicz announced he had submitted a motion to the prosecutor general and justice minister to revoke ONR’s legal status.

In December the European Union’s Agency for Fundamental Rights (EU-FRA) released its second survey of Jewish experiences and perceptions of anti-Semitism.  EU-FRA targeted Jewish populations through community organizations, Jewish media, and social networks; 422 individuals who identified themselves as Jewish citizens of Poland responded to the online survey.  Thirty-two percent said they had witnessed other Jews being physically attacked, harassed, or insulted in the previous 12 months, and 32 percent reported being harassed over the same period.  Thirty-five percent of respondents felt they had been discriminated against because of their religion or belief; 83 percent thought anti-Semitism had increased over the previous five years.

In February local and international news media, human rights organizations, and Jewish community representatives reported an increase in anti-Semitic speech.  Many commentators, including media, NGOs such as the Open Republic Association and Never Again Association, and Jewish groups, linked this reported increase to negative international reactions by the international community to the amendments to the IPN law.

Also in February, well-known author and political commentator Rafal Ziemkiewicz used a historically offensive, Polish-language anti-Semitic epithet on Twitter following negative international reactions to the amended IPN law.

On February 2, the Israeli embassy in Warsaw posted a statement on its website decrying the increase in anti-Semitic comments in public media and on the embassy’s social media accounts.

In January private broadcaster TVN aired a report showing what it said was hidden camera footage of neo-Nazis celebrating Adolf Hitler’s birthday in Nazi uniforms in the southwestern part of the country.  Prime Minister Morawiecki wrote on Twitter that “promoting fascism tramples on the memory of our ancestors.”

On November 11, former Roman Catholic priest Jacek Miedlar – who was barred from public speaking by his former religious order for statements he made about Jews, Muslims, and others and is widely described as an ultranationalist extremist – organized an Independence Day march in Wroclaw with fellow extremist Piotr Rybak.  Some of the approximately 9,000 participants in the march reportedly engaged in nationalist chants such as “Poland for Poles, Poles for Poland.”  Rybak criticized Wroclaw mayor Rafal Dutkiewicz for trying to ban the march over what the mayor said were public safety concerns.  Rybak referred to the mayor, who is not Jewish, as the “outgoing Jew with a yarmulke” and stated, “we will not allow the Hebrew language” to dictate actions in the country, which “must be Catholic and Christian.”

Groups such as National Rebirth of Poland and Blood and Honor continued to espouse anti-Semitic views, but authorities did not link any of them to specific incidents of violence or vandalism.  During the year, the Blood and Honor website’s RedWatch list described opposition parliamentarian Kamila Gasiuk-Pihowicz as a “Jewish-leftist hyena” who combats racism, anti-Semitism, and xenophobia, and members of the Razem political party as profit-maximizing leftists sponsored by a prominent Jewish financier.

On January 17, a local court in Oswiecim sentenced two men to 18-months and 14-months imprisonment for insulting a memorial site at the Auschwitz former Nazi concentration camp.  The incident took place in March 2017, when 12 persons from Poland, Belarus, and Germany killed a sheep and chained themselves together naked to the main gate of the camp, in what the demonstrators stated was an anti-war protest.

On September 13, the Warsaw local court fined one person 500 zloty ($130) for disrupting a Catholic Mass during the reading of a letter by the Polish episcopate calling for a total ban on abortion in 2016.

On February 4, unknown persons wrote obscenities on the doors of a Roman Catholic church in the town of Brzeszcze.  Police had not identified any suspect by year’s end.

On May 14, two men broke into a Roman Catholic church in Nysa and destroyed a wooden religious figure.  Police arrested the men.  Their case was pending at year’s end.

In August unknown persons vandalized more than 30 tombstones at a Jewish cemetery in the town of Myslowice.  Police opened an investigation, but there was no further information on the case at year’s end.

In July unknown individuals vandalized six tombstones at the Jewish cemetery in the town of Dabrowa Bialostocka.  Police had not identified any suspects at year’s end.

On November 25, unknown individuals destroyed 22 figures of Catholic saints placed outside the Catholic church in the town of Zarzecze as part of the community’s celebration of the country’s independence.  Interior Minister Joachim Brudzinski wrote on Twitter that the destruction of the figures was not only a blow to the local Catholic community but also to any decent person, and said police would do everything to catch the perpetrators.

On September 19, a man later described by police as mentally ill threw a rock through a synagogue window in Gdansk during Yom Kippur services.  Police reported the man had previously been arrested for vandalizing a Roman Catholic church.  The mayor of Gdansk and community and religious group leaders attended a ceremony to install a replacement window on the following day.

On July 19, the Bialystok district prosecutor’s office discontinued the case involving the alleged desecration of a Jewish cemetery in Siemiatycze during construction work in December 2017, in which workers excavated and removed soil containing human remains from a private commercial lot located within the original boundaries of the cemetery.  The prosecutor concluded there was no desecration, as the construction work was legal, the human remains were hard to see, and the construction workers did not intend to desecrate the cemetery.

Authorities did not provide any publicly available updates on the status of an investigation they announced in 2017 into the possible desecration of a Jewish cemetery in the village of Maszewo.

On January 17, the Roman Catholic Church celebrated the 21st annual Day of Judaism, which featured events throughout the country, including meetings, lectures at schools, film screenings, and exhibitions.  The principal events took place in Warsaw and included prayers at the graves of the Jewish victims of the Warsaw ghetto uprising, a seminar at the Polin Museum, and a religious service at Warsaw’s St. John’s Cathedral.  Archbishop of Warsaw Cardinal Kazimierz Nycz and Chief Rabbi of Poland Schudrich participated in the events.

On January 26, the Roman Catholic Church celebrated the 18th annual Day of Islam with the stated purpose of promoting peace among religious groups.  The Church hosted an event titled “Christians and Muslims – Caring for Our Common Home” in Warsaw, which included discussions, readings from the Bible and the Quran, and prayers.  Chair of the Polish Episcopate Committee for Dialogue with Non-Christian Religions Bishop Henryk Ciereszko and President of the Muslim Religious Union Mufti Tomasz Miskiewicz attended the event.  The Church also organized a prayer service in Krakow.

The Polish Council of Christians and Jews continued to organize annual conferences and ceremonies, including the Day of Judaism in the Roman Catholic Church on January 17, and “Close Encounters of Christians and Jews” on February 27, to encourage tolerance and understanding.

A Special Committee for Dialogue between the Roman Catholic Church and the Polish Ecumenical Council met during the year to promote better understanding among different Christian religions.  In January the committee helped organized the annual Week of Prayers for Christian Unity.

The Polish Ecumenical Council hosted events facilitating interfaith dialogue.  These included a New Year’s holiday reception that brought together representatives of various churches and public figures active in ecumenical movements.  On April 20-22, the council’s youth section organized a national congress for Christian leaders, in which youth from the Lutheran, Reformed, Old Catholic Mariavite, and Orthodox Churches learned about different faiths and discussed challenges working with youth in their respective churches.

On September 21-23, the Roman Catholic Church in Gniezno hosted the ecumenical congress “Europe of free people, inspiring power of Christianity,” which brought together representatives of various Christian churches in Europe, to discuss challenges facing modern Europe and the role of Christianity in addressing them.

Human Library projects, funded by European Economic Area grants and coordinated by NGOs Diversja Association and Lambda Warsaw, continued in several cities and towns around the country, including Warsaw, Gdansk, Kudowa-Zdroj, Olesnica, and Wroclaw.  The project involved a diverse group of volunteers, including representatives of Roman Catholic, Jewish, Muslim, and other religious groups, who told their stories to individuals who could “borrow” them like books.  The stated intent of the project was to foster greater tolerance, including religious tolerance.

Legal Framework

The constitution provides for freedom of religion, including freedom of worship, which may not be violated even if the government declares a state of emergency.  It states no one shall be privileged, prejudiced, persecuted, or deprived of rights or exempted from civic obligations or duties because of religious beliefs or practices.  The constitution states authorities may not question individuals about their religious convictions or observance, except to gather statistical information that does not identify individuals, and in such cases individuals may not be prejudiced by refusal to reply.  Churches and religious communities are independent from the state and have the freedom to determine their own organization and perform their own activities and worship.  The constitution affords each religious community the freedom to teach its religion and use its own media to disseminate public information about its activities.  It bars political parties from using names directly associated with, or symbols that may be confused with those of, religious groups.  The constitution and the law recognize the right to conscientious objection to military service, including on religious grounds; they require conscientious objectors to perform equivalent alternative civilian service.

Religious groups may be organized in a variety of forms that have national, regional, or local character.  A denomination may choose to organize as one national church or religious community or as several regional or local churches or religious communities.  An international church or religious community may set up a representative organization of its adherents separate from the branch of the church or religious community existing in the country.  A registered church or religious community may create subsidiary or affiliated organizations, such as associations, foundations, or federations.

All religious groups with an organized presence in the country may apply for registration with the registrar of religious corporate bodies in the Ministry of Justice (MOJ).  The requirements include:  providing the organization’s official name, which must be distinguishable from all other religious corporate bodies in the country; the organizing documents of the church or religious community associated with the group applying for registration; the address of the organization’s registered main office in the country; a statement of the group’s religious purposes; documentation of the organization’s assets; information on the organization’s formation, composition, rules, and activities; provisions for dissolution of the organization; and the appointment method and powers of the organization’s representatives.  Subsidiary or affiliated organizations included in the parent group’s application are also registered; if not included, they must register separately.  The MOJ may reject a registration application if it fails to meet legal requirements, includes false documentation, or violates constitutional rights of religious freedom.  In the case where the MOJ rejects an application, religious groups may appeal to the CLR within 30 days of receiving the MOJ’s decision.

The CLR is an independent, consultative body to parliament and the government, established by law.  Its members include representatives of various religious groups in the country, such as the Portuguese Episcopal Conference, Evangelical Alliance, Jewish Community of Lisbon, Islamic Community of Lisbon, Hindu Community of Lisbon, and Aga Khan Foundation, as well as laypersons appointed by the MOJ.  The Council of Ministers appoints its president.  The CLR reviews and takes a position on all matters relating to the application of the law on religious freedom, including proposed amendments.  The CLR alerts the competent authorities, including the president, parliament, and others in the government, to cases involving religious freedom and discrimination, such as restrictions or prohibitions on the right to assembly and the holding of religious services; the destruction or desecration of religious property; assaults against members and clergy of religious groups; incitement of religious discord; hate speech; and violations of the rights of foreign missionaries.

The CLR may file formal complaints at the national level with the ombudsman, an official position created by the constitution and supplemental legislation to defend the rights and freedoms of individual citizens, and at the international level with the European Court of Human Rights.  The ombudsman has no legal enforcement power, but he or she is obligated to address complaints and provides an alternative remedy for dispute resolution.

The ACM, an independent government body operating under the guidelines of the Presidency of the Council of Ministers, has a statutory obligation to advocate religious tolerance, including the “promotion of dialogue, innovation, and intercultural and inter-religious education” and “combating all forms of discrimination based on color, nationality, ethnic origin or religion.”

Religious groups may register as religious corporations and receive tax-exempt status.  They also receive the right to minister in prisons, hospitals, and military facilities; provide religious teaching in public schools; participate in broadcasting time on public television and radio; and receive national recognition of religious holidays.  The government certifies religious ministers, who receive all the benefits of the social security system.  According to the law, chaplaincies for military services, prisons, and hospitals are state-funded positions open to all registered religious groups.  A taxpayer may allocate 5 percent of his or her tax payment to any registered religious group.

Religious groups may also register as unincorporated associations or private corporations, and in that form they may receive the same benefits granted to religious corporations.  The process for registering as unincorporated associations or private corporations involves the same procedures as for religious corporations.  There are no practical differences between associations and private corporations; the different categories distinguish the groups’ internal administration.  Unregistered religious groups are not subject to penalties and may practice their religion but do not receive the benefits associated with registration.

By law, religious groups registered in the country for at least 30 years or internationally recognized for 60 years may obtain a higher registration status of “religion settled in the country.”  To show they are established, religions must demonstrate an “organized social presence” for the required length of time.  These groups receive government subsidies based on the number of members they have; may conclude “mutual interest” agreements with the state on issues such as education, culture, or other forms of cooperation; and may celebrate religious marriages that have effect in the state legal system.  The government has mutual interest agreements with Jewish and Islamic religious bodies and a concordat with the Holy See that serves the same function for the Catholic Church.

Public secondary schools offer an optional survey course on world religions taught by lay teachers.  Optional religious instruction is available at government expense if at least 10 students attend the class.  Religious groups are responsible for designing the curriculum of the religious classes and providing and training the teachers, who are lay.  Private schools are required to offer the same curriculum as public schools but may provide instruction in any religion at their expense.  All schools, public and private, are required to accommodate the religious practices of students, including rescheduling tests if necessary.

The law prohibits employers from discriminating against individuals on the basis of religion and requires reasonable accommodation of employees’ religious practices.  According to the labor code, employees are allowed to take leave on their Sabbath and religious holidays, even if these are not nationally observed.

The law provides for the naturalization of Jewish descendants of Sephardic Jews expelled from the country in the 15th and 16th centuries.

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

Government Practices

The government reported that, of 13,607 applications received during the year, it had approved the naturalization of 3,525 Sephardic descendants of Jews expelled from the country during the Inquisition.  The government rejected three applications, and 9,460 others remained pending.  Beneficiaries of the program included individuals from Israel (9,517), Brazil (939), and Turkey (876).

There were complaints by some religious minorities, such as evangelical Christians, that the Catholic Church had an advantage over minority religious groups, since most prisons, hospitals, and military services had designated Catholic priests, while minority religions did not have designated representation.  Jose Vera Jardim, chairman of the CLR, said, “There is discrimination” in that, since the country is more than 80 percent Catholic, “the Catholic Church has a more articulated and stronger presence in chaplaincies.”  According to the CRF, the vast majority of those who sought chaplain assistance requested a Catholic priest.  Vera Jardim stated he did not believe there were serious grievances from religious denominations and “The right to assistance … is safeguarded.”  There were no official statistics on the percentage of chaplaincies each religious group held.

In February four left-leaning parties introduced separate draft bills in parliament that would have legalized assisted suicide in cases of terminal illness and “unbearable suffering.”  On May 24, the president received 16 representatives from eight religious communities, Catholic, evangelical Christian, Seventh-day Adventist, Jewish, Muslim, Hindu, Orthodox Christian, and Buddhist, to discuss the four bills to decriminalize and regulate medically assisted death.  All 16 representatives expressed opposition to medically assisted killing.  Catholic Cardinal Patriarch of Lisbon and President of the Portuguese Episcopal Conference Manuel Clemente said the country should follow the example of “other democratic and evolved societies,” which opted to improve palliative care.  Pastor Jorge Humberto of the Portuguese Evangelical Alliance called euthanasia “a civilizational retrocession.”  Sheikh David Munir, Imam of the Central Islamic Mosque in Lisbon, said, “We … have the same voice … I hope we will care for those who need our help rather than abandon them.”  Rabbi Natan Peres of the Jewish Community of Lisbon welcomed that the subject of euthanasia had shown that religious groups in the country could unite and work together.  On May 29, parliament rejected all four bills.  The bill that came closest to passage, introduced by the governing Socialist Party, was defeated 115-110.  All of the versions would have allowed health-care providers to refuse to participate in euthanasia because of moral or other personal beliefs.

The ACM hosted events, activities, and debates, published books on religion to promote religious tolerance and acceptance, and provided education for teachers and workers interacting with individuals of diverse religious backgrounds.  On October 3, the ACM hosted the Second Interreligious Dialogue Congress, “Caring for Others,” in partnership with the CLR.  The Minister of the Presidency and Administrative Modernization, Maria Manuel Leitao Marques; the State Secretary for Citizenship and Equality, Rosa Monteiro; the High Commissioner for Migration, Pedro Calado; and CLR Chairman Vera Jardim participated in the congress, held at the Catholic University in Lisbon.  Religious groups participating included Catholics, Muslims, Buddhists, evangelical Christians, members of the Church of Jesus Christ, Hindus, and Baha’is.  Among topics discussed by congress participants were the role of religious groups in providing services in hospitals and prisons, civil society, and formal and informal education.  Representatives of religious groups pledged to work together to organize social and community activities to promote religious acceptance.  The ACM and the CRF proposed designating February 1 as the National Day of Religious Freedom and Interreligious Dialogue.  Parliament had not taken up the proposal by year’s end.

The ACM also organized a course on November 1-4, coordinated by the British Council and funded by the European Commission, to train 29 persons to become community leaders in identifying and combating discrimination, including religious discrimination, and to promote inclusion.  The trainees agreed to organize periodic visits to religious communities, museums, libraries, cultural centers, and temples to experience the religious and cultural diversity in the country.

The state-run television channel RTP continued to broadcast a half-hour religious program five days a week and a weekly half-hour program, with segments for both written by different religious groups.  Participant religious groups, which had to be registered, included the Evangelical Alliance, Orthodox Church, Seventh-day Adventists, Islamic Community of Lisbon, Baha’i Community, Old Catholic Church, Orthodox Catholic Church, Roman Catholic Church, Hindu Community, and Jewish Community.

During a visit to the Central Lisbon Seventh-day Adventist Church on March 3, President Rebelo de Sousa thanked the Seventh-day Adventist community for its contribution to the “construction of justice, of social solidarity, for a more humane, fraternal, and more united Portugal.”  He added that one of the principles of his mandate was “proximity … also to religious communities as well as to those who do not practice a belief or faith,” and that the country was open to religious pluralism, with “instruments that guarantee a fair treatment of the various churches and creeds.”  The president also said the state had the duty to collaborate with churches and religious communities in the country.

On March 16, the president awarded the Order of Freedom to the Islamic Community of Lisbon, which celebrated its 50th anniversary.  At a ceremony in Lisbon’s Central Mosque, Rebelo de Sousa said he presented the award to the Islamic Community of Lisbon for the defense of “religious freedom and freedom in general.”  He stated, “Humanistic values are by nature the values of Islam.”  In addition, present at the ceremony were UN Secretary-General Antonio Guterres, the three living former presidents of the country, Speaker of Parliament Eduardo Ferro Rodrigues, Lisbon Mayor Fernando Medina, and Cardinal Clemente.

On February 26, the CLR awarded its first annual religious freedom prize to Rita Mendonca Leite for her work The Role of the Religious Society in the Development of Religious Freedom in Portugal during the Constitutional Monarchy and the First Republic.  It attributed two honorable mentions:  Use of Religious Symbols in the Workplace:  The Limits to Freedom of Expression of Religious Convictions by Susana Machado and The European Court of Human Rights and Religious Symbols:  The Use of the Islamic Veil in 21st Century Europe by Ines Granja Costa.

On June 5, at the Central Mosque of Lisbon, President Rebelo de Sousa joined the President of the Islamic Community of Lisbon, Abool Vakil, Sheikh Munir, and members of the Muslim community, as well as members of other religious faiths, at an iftar at the Central Mosque of Lisbon.  In his remarks, Rebelo de Sousa said, “It is an honor for me … to be here … sharing understanding, fraternity and affection,” adding that the country followed the constitutional principles of religious freedom and interreligious living.

In its report for 2017, the most recent available, the CLR said it had received several complaints involving religion, including disputes between municipalities and religious groups over places of worship, religious activities in schools, and taking time off from work during the Sabbath or religious holidays.  The CRF said it responded to each case but provided no further details.

In its February newsletter, the European Jewish Congress stated that government officials, whom it did not name, characterized the country as having an almost nonexistent level of public anti-Semitism.

According to a survey by the Pew Research Center conducted in 2017 and cited in September, 52 percent of residents said Muslim women should be free to wear any religious clothing without restrictions.  Of the remainder, 32 percent said they should be able to wear religious clothing as long as it did not cover the face, and 12 percent believed Muslim women should not be allowed to wear any religious garb.  Pew Research Center Surveys conducted in 2015-17 and cited in October found that 56 percent of residents agreed religion should be kept separate from the state, while 40 percent disagreed.  The surveys also found 70 percent of non-Muslims would be willing to accept Muslims as members of their family and 73 percent of non-Jews would be willing to accept Jews as members of their family.  Among young adults 18 to 34 years old, 87 percent and 89 percent, respectively, said they would accept Muslims and Jews as family.

Along with approximately 45,000 Ismaili Muslims, Prince Aga Khan IV visited the country on July 6-11 to conclude a yearlong commemoration of his 60 years as leader of the Ismaili religious community.  On July 9, President Rebelo de Sousa and Prime Minister Costa welcomed him with state honors, and parliament hosted a conference for his visit, bringing together religious groups, civil society, and public and private organizations to recognize the work of Prince Aga Khan and the Ismaili community in the country.  Lisbon Mayor Fernando Medina said the Ismaili community found in the country “intercultural dialogue and religious tolerance that symbolizes Portuguese society.”

According to press reports, in August a brewery in Belmonte, Castelo Branco District, in the center of the country announced it had begun brewing the country’s first artisanal kosher beer, which would be sold in the town’s annual kosher market, opening in October.  Belmonte is one of three municipalities in the country with its own rabbi and synagogue.  Although it has few practicing Jews, the town has a long Jewish history, and many inhabitants reportedly are descendants of Jews forced to convert to Christianity in the 16th century.  The beer was to be brewed under the supervision of Belmonte Chief Rabbi Elisha Salas, emissary for Portugal and Spain of Shavei Israel, a nonprofit organization dedicated to assisting descendants of Jews to reclaim their roots.

Legal Framework

The constitution prohibits restricting freedom of thought, opinion, conscience, or religious beliefs, as well as forcing individuals to espouse a religious belief contrary to their convictions.  It stipulates all religions are independent from the state and have the freedom to organize “in accordance with their own statutes” under terms defined by the law.  The law specifies the state’s recognition of the “important role of the Romanian Orthodox Church” as well as the role of “other churches and denominations as recognized by the national history” of the country.

The constitution states religious denominations shall be autonomous and enjoy state support, including the facilitation of religious assistance in the army, hospitals, penitentiaries, retirement homes, and orphanages.  The law forbids public authorities or private legal entities from asking individuals to specify their religion, with the exception of the census.

The provisions of the law devoted to religion stipulate a three-tier system of religious classification with “religious denominations” at the highest level, followed by “religious associations,” and “religious groups” at the most basic level.  Organizations in the top two tiers are legal entities, while religious groups are not.  Civil associations established under separate provisions of the law governing associations and foundations may also engage in religious activities and have the status of legal entities.

By law, there are 18 religious organizations recognized as “religious denominations,” all of which were in existence at the time the specific law on religion was enacted in 2006.  They include the ROC, Orthodox Serb Bishopric of Timisoara, Roman Catholic Church, Greek Catholic Church, Old Rite Russian Christian (Orthodox) Church, Reformed (Protestant) Church, Christian Evangelical Church, Romanian Evangelical Church, Evangelical Augustan Church, Evangelical Lutheran Church, Unitarian Church, Baptist Church, Pentecostal Church, Seventh-day Adventist Church, Armenian Apostolic Church, Federation of Jewish Communities, Muslim Denomination (Islam), and Jehovah’s Witnesses.

For additional organizations to obtain recognition as religious denominations, the law specifies they must demonstrate 12 years of continuous activity since the law’s passage, which could not occur before 2018.  A religious association is then eligible to apply for the status of religious denomination if it has a membership of at least 0.1 percent of the population (approximately 21,500 persons).

The law defines a religious association as an organization of at least 300 citizens who share and practice the same faith and that has attained legal status through registration with the Registry of Religious Associations in the office of the clerk of the court where the main branch of the association is located.  To register, religious associations must submit to the government their members’ personal data (e.g., names, addresses, personal identification numbers, and signatures), which the law says the government may not share with other public institutions or use in any other way.  To operate as religious associations, organizations also require approval from the National Secretariat for Religious Denominations, which is under the authority of the Office of the Prime Minister.

The law defines a religious group as a group of individuals sharing the same beliefs.  Religious groups do not have to register to practice their religion and do not need approval from the national secretariat to operate.

Civil associations engaged in religious activities function like secular associations and foundations; however, they do not receive the same benefits as religious denominations or religious associations.  Civil associations may not qualify under the numerical/administrative criteria (300 members) for recognition as religious associations or may choose not to apply for such recognition.  These associations do not require approval from the National Secretariat for Religious Denominations to operate.  Their registration falls under the provisions of law governing the establishment of foundations, associations, and nongovernmental organizations (NGOs), which require a minimum membership of three individuals.  Such civil associations are not required to submit their members’ personal data.

Religious denominations are eligible for state financial and other support.  They have the right to teach religion classes in public schools, receive government funds to build places of worship, partially pay clergy salaries with state funds, broadcast religious programming on radio and television, and apply for broadcasting licenses for their own stations.  Under the law, the amount of state funding a denomination receives is determined by the number of adherents reported in the most recent census, as well as by “the religious denomination’s actual needs.”

Religious associations do not receive government funding, but both they and religious denominations receive tax exemptions on income and buildings used for religious, educational, or other social purposes.  Religious groups do not receive either government funding or tax exemptions.

Both religious denominations and religious associations may own or rent property, publish or import religious literature, proselytize, establish and operate schools or hospitals, own cemeteries, and receive tax exemptions on income and buildings used for religious, educational, or other social purposes.  Religious groups have no legal status to engage in such activities; however, they may practice their religious beliefs, including in public.

Civil associations engaged in religious activities may engage in religious worship.  While they do not receive the same tax exemptions or other benefits granted to religious denominations and religious associations, they may receive the tax advantages and other benefits accruing to civil associations and foundations.

Legal provisions allow local authorities to fund places of worship and theological schools belonging to religious denominations, including providing funding for staff salaries and building maintenance, renovation, and conservation or construction of places of worship.  No similar provisions exist for religious associations or other associations engaged in religious activities; however, these associations may receive funding through legal provisions for civil associations and foundations.

The law entitles all types of religious organizations to bury their deceased members in cemeteries belonging to other religious organizations – with the exception of Jewish and Muslim cemeteries – in localities where they do not have cemeteries of their own and where there is no public cemetery.  Public cemeteries must have separate sections for each religious denomination if requested by the denominations operating in the locality.

The law allows clergy from recognized religious denominations to minister to military personnel.  This includes the possibility of clergy functioning within the Ministry of Defense, Ministry of Interior, Intelligence Service, Foreign Intelligence Service, Protection and Guard Service, Special Telecommunications Service, and General Directorate for Penitentiaries.  Under various other arrangements, clergy of recognized religious denominations, and in some cases religious associations, may enter hospitals, orphanages, and retirement homes to undertake religious activities.  Religious denominations and religious associations may undertake activities in penitentiaries, subject to approval by the director of the detention facility.

The law provides for the restitution of religious properties confiscated between 1940 and 1989, during World War II (WWII) and the ensuing communist regime, as long as the properties are in the possession of the state.

Under the law, if a confiscated property is used “in the public interest,” such as for a school, hospital, or museum, and is returned to its previous owner, the current occupants are allowed to stay in it for 10 years after the restitution decision and pay a capped rent.  The law does not address the general return of properties currently used as places of worship by another religious group.  Although the provisions of the law on restitution state a separate law would be adopted to address such cases, as of year’s end there was no such law.

A separate statute on the reinstatement of the Greek Catholic Church regulates the restitution of properties to the Greek Catholic Church from the ROC.  Restitution decisions are made by a joint commission representing the two Churches and based on “the will of the believers from the communities that possess these properties.”  The Greek Catholic Church may pursue court action if attempts to obtain restitution of its properties through dialogue are unsuccessful.

The law establishes a points system of compensation in cases where in-kind restitution is not possible.  Religious groups may use the points only to bid on other properties in auctions organized by the National Commission for Real Estate Compensation (NCREC).  The NCREC also validates compensation decisions of other local or central authorities, including those of the Special Restitution Commission (SRC), which decides on restitution claims filed by religious denominations and national minorities.  The law establishes a 240-day deadline by which claimants must submit additional evidence in their cases at the specific request of the entity in charge of resolving their restitution claim.  If a claimant does not meet the deadline, the administrative authority may reject the case.  The authority may extend the deadline by an additional 120 days if the claimants prove they made a concerted effort to obtain the evidence, usually in the possession of other state authorities, but were unable to do so.

The law nullifies acts of forced “donations” of Jewish property during WWII and the communist era and lowers the burden of proof for the previous owners or their heirs to obtain restitution.  The law designates the present-day Federation of Jewish Communities of Romania as the legitimate inheritor of forfeited communal Jewish property and accords priority to private claims by Holocaust survivors.  The law does not address heirless or unclaimed property left by Holocaust victims.

By law, religious education in schools is optional.  Each of the 18 legally recognized religious denominations is entitled to offer religion classes, based on its own religious teachings, in schools.  A denomination may offer classes regardless of the number of students adhering to the denomination in a school.  The law allows for exceptions where the right of students to attend religion classes cannot be implemented “for objective reasons,” without specifying what these reasons may be.

Under the law, parents of students under 18 years of age are required to request their children’s participation in religion classes, while students 18 and older may themselves ask to attend religion classes.  Although a student normally takes a school course based on the religious teachings of the denomination to which the student belongs, it is also possible for a student to take a religion course offered by his or her denomination outside the school system and bring a certificate from the denomination to receive academic credit.

Religion teachers are government employees, but each religious denomination approves the appointment and retention of the teachers of its religion classes.

The law forbids religious proselytizing in schools.  If teachers proselytize, the school management decides the punishment based on the conclusions of an internal committee.

The law states the religion of a child who has turned 14 may not be changed without the child’s consent, and from age 16 an individual has the right to choose her/his religion.

The law bans discrimination on religious grounds in all areas of public life.  It also bans religious defamation and stirring conflict on religious grounds, as well as public offenses against religious symbols.  Penalties may include fines varying from 1,000 to 100,000 lei ($250 to $24,600), depending on whether the victim is an individual or a community.

A law that went into effect in July counters anti-Semitism and criminalizes the promotion of anti-Semitic ideas and the establishment of anti-Semitic organizations.  Under this law, anti-Semitism is defined as a perception about Jews expressed in the form of anti-Jewish hatred, as well as speech and physical acts motivated by hatred against Jews that target Jews, non-Jews or their belongings, Jewish community institutions, or Jewish places of worship.  Penalties for publicly promoting anti-Semitic ideas and doctrines or manufacturing and disseminating anti-Semitic symbols range from three months’ to three years’ imprisonment and the loss of certain rights.  Penalties for establishing anti-Semitic organizations range from three to 10 years’ imprisonment and the loss of certain rights.

A law passed in 2015 prohibits the establishment of fascist, Legionnaire, racist, or xenophobic organizations, which it defines in part as groups that promote violence, religiously motivated hatred, or extremist nationalism, the latter term undefined.  Reference to anti-Semitism in the 2015 law was removed following the implementation of an anti-Semitism law in July.  Penalties for establishing such organizations range from three to 10 years’ imprisonment and the loss of certain rights.  Criminal liability is waived if the person involved in establishing such an organization informs authorities before the organization begins its activity; penalties are halved if the individual helps authorities with the criminal investigation.  Legislation also makes manufacturing, selling, distributing, owning with intent to distribute, and using racist, fascist, xenophobic, and Legionnaire symbols illegal.  Penalties range from three months’ to three years’ imprisonment.

Publicly denying the Holocaust, or contesting, approving, justifying, or minimizing it in an “obvious manner” as determined by a judge, is punishable by six months’ to three years’ imprisonment or by a fine, depending on circumstances, of up to 200,000 lei ($49,200).  Publicly promoting the cult of persons convicted of genocide, crimes against humanity, or war crimes may incur fines and prison terms ranging from three months to three years and from six months to five years if done online.  The same penalties apply to publicly promoting anti-Semitic, fascist, Legionnaire, racist, or xenophobic ideas, worldviews, or doctrines.

The law allows religious workers from legally recognized religious organizations to enter and remain in the country under an extended-stay visa.  Visa applicants must receive approval by the State Secretariat for Religious Affairs and submit evidence they represent religious organizations legally established in the country.  The secretariat may extend such visas for up to five years.

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

Government Practices

By year’s end, the government had approved two applications for religious association status during the year, both of which were Christian – the “Philadelphia” Roma’s Union of Pentecostal Assemblies and God’s Union of Pentecostal Churches.  As of October, 35 entities with diverse religious affiliations were registered as religious associations, up from 33 in 2017.

Baha’i leaders continued to seek options for the burial of deceased persons in accordance with their religious burial practices, including requesting the State Secretariat for Religious Denominations to help them establish a cemetery.  Baha’is continued to be registered as a religious association and not as a denomination.

Religious groups continued to state they viewed the 300-person membership requirement and the need to submit their members’ personal data for registration as a religious association as discriminatory because other types of associations required only three members and did not have to submit the personal data of their members. They also continued to criticize the three-tier classification system for religious organizations.

The Jehovah’s Witnesses reported that in several areas of the country, some members continued to encounter opposition to their activities and threats from public authorities and ROC priests.  They said the mayor of Mogosesti village in Iasi County threatened representatives of the Jehovah’s Witnesses in August with violence.  Following a complaint filed by the Jehovah’s Witnesses, the county prefect and the State Secretariat for Religious Denominations instructed the mayor to respect the law on religious freedom.  ROC priests from the village of Valea Calugareasca in Prahova County and Calugareni in Giurgiu County threatened to use physical violence against Jehovah’s Witnesses representatives in March and October, respectively.  Following complaints submitted by the religious denomination, police fined the priests.

On November 23, the Bucharest Court of Appeal ruled as no longer valid a request filed in 2016 by Catalin Berenghi, a former candidate for mayor of Bucharest, to annul a 2015 decision to transfer land in Bucharest to the Muslim community for a mosque.  According to the court, the decision to transfer the land was no longer relevant because the Grand Mufti’s Office had notified the government it had renounced its right to use the land.

The National Authority for Property Restitution (NAPR), the government agency responsible for overseeing the restitution process, reported the SRC had approved 17 requests for the restitution of “immovable properties” (land or buildings) to religious denominations, approved compensation in 35 cases, and rejected 609 other claims during the year.  All of the claims were submissions before the 2006 deadline.  In 94 cases, the filers withdrew their claims.  According to data provided by NAPR and the Ministry of Foreign Affairs, the number of cases NAPR reviewed decreased from 1,227 in 2017 to 1,212.

According to NAPR, religious denominations appealed 53 decisions the SRC submitted to the courts during the year.  The Roman Catholic Church made 12 appeals; the ROC made nine; the Greek Catholics made 13; the Evangelical Augustinian Church made two; and the Jewish community made 12.  Information concerning court decisions on these cases was unavailable.  In April 2015 NAPR rejected a claim submitted by Caritatea Foundation, the NGO the Federation of Jewish Communities and the WJRO established to oversee Jewish communal property claims.  The claim concerned a building and a land plot in the city of Piatra Neamt owned by the Jewish community that the city government forced the community to donate in 1953.  NAPR stated that Caritatea was not able to submit a copy of the donation agreement within the 120-day deadline.  Caritatea representatives said the foundation encountered significant delays in obtaining the document from the National Archives.  NAPR, however, did not take into consideration the delay caused by the National Archives’ response, stating the 120-day deadline to submit new documents had already passed.  Caritatea Foundation appealed NAPR’s decision in court.  In December 2015, the Bacau Court of Appeal invalidated NAPR’s original decision and ruled the SRC should issue a new favorable decision.  NAPR challenged the court ruling, arguing that the Caritatea Foundation had not filed the requested document within the 120-day deadline.

During the year, NAPR reviewed 490 claims submitted by the Greek Catholic Church but did not restore any property to the Church or grant it compensation in any cases.  Church officials reported that NAPR rejected most of their claims because the properties now belonged to the ROC and were subject to a different law, making restitution possible through a joint commission representing the two Churches and based on “the will of the believers from the communities that possess these properties.”  During the communist regime, all places of worship and parish houses were transferred to the ROC and most other properties (land and buildings) to the state.

The Greek Catholic Church continued to report court delays on restitution lawsuits.  Representatives of the Church stated there were no court decisions on Greek Catholic restitution cases during the year.

Restitution of a property in Bixad, previously restored to the Greek Catholic Church by the government and confirmed by earlier court decisions, continued to be delayed while courts considered the case anew, following a 2016 decision by the Alba Tribunal, a county-level court, allowing the Satu Mare County Council to revive its claim for ownership of the property.  At year’s end, the case was still pending.

Two cases filed in 2016 by the Greek Catholic Church with the European Court of Human Rights for restitution of churches in Bistrita and Breb remained pending.  In each case, the Church’s complaint concerned court decisions awarding Greek Catholic property to the ROC based on census data showing Greek Catholics as a minority.

Although the government did not issue regulations for implementing new property restitution legislation passed in 2016 that prioritizes cases involving Holocaust survivors, NAPR approved priority status for 160 such applications it had received.  Since the legislation passed, NAPR awarded compensation to Holocaust survivors in 28 cases, rejected the claims in two cases, and requested additional documents for 90 cases.

The SRC had approved 10 pending claims from previous years by the Jewish community as of October – nine through compensation and one through restitution in kind – and rejected 16 others.  In 54 other cases, claimants withdrew their requests.  Religious groups said it was difficult to obtain required documentation from the National Archives demonstrating proof of ownership in time to meet the 120-day deadline to submit the appeal.  Caritatea Foundation stated the SRC continued to avoid assuming responsibility for restitution, preferring to pass decisions on to the courts.  The foundation also continued to state the claims procedure was overly bureaucratic and unreasonable, in particular because the SRC often requested the submission of numerous additional documents, which sometimes were found only in government-managed archives, giving Jewish claimants little time to meet the final extended 120-day deadline for document submission.  Caritatea stated that access to government-managed archives holding the required documents for the restitution process was difficult.

According to Caritatea Foundation, the NCREC issued final approval on two decisions during the year, and 64 decisions issued before 2013 were pending final approval.  According to NAPR, a high workload and insufficient staff and resources were the reasons for the delays

The Reformed, Roman Catholic, Unitarian, and Evangelical Lutheran Churches said the government continued to reject their restitution claims on the grounds the entities registered as the former property owners were not the contemporary churches.  Church leaders said the communist regime had dismantled the former church entities while confiscating their property, meaning the former property owners no longer existed as such but the contemporary churches, as the successors to the dismantled churches, were in effect the same entities whose property the communist regime had seized.  Twelve claims submitted by the Roman Catholic Church were resolved as of year’s end.  The government granted compensation or restitution in kind in five cases and denied seven claims.  The government reviewed five claims submitted by the Reformed Church and denied two others.  During the year, the government reviewed three pending claims of the Unitarian Church.  In one case, the Unitarian Church received compensation; in another case, it received restitution in kind.  The government rejected the third claim.

On July 4, the court rejected the Roman Catholic Church’s appeal of the SRC’s 2015 rejection of its claim for restitution of the Batthyaneum Library and an astronomical institute in Alba Iulia in a preliminary ruling.

The percentage of schoolchildren opting to take religion classes remained at almost 90 percent and, according to media, NGOs, and parents’ associations, continued to be the result of manipulation and pressure by the ROC as well as the failure of school directors to offer parents alternatives to religion classes.  A ministerial order issued in February established that initial requests to take religion classes were valid for the entire study cycle or until students or their legal representatives submitted an alternate request.  A previous ministerial order mandated annual submission of requests to take religion classes.

Minority religious groups, including the Christian Evangelical Church, continued to report authorities allowed only the ROC to play an active role in the annual opening ceremonies at schools and other community events throughout the country and usually did not invite other religious groups to attend such ceremonies.  According to the Christian Evangelical Church, this happened also in cities where their followers had a significant presence such as Sibiu, Suceava, Iasi, and Piatra-Neamt.

Greek Catholic officials and believers stated that during the celebration events dedicated to the country’s centennial celebrations, some local governments had marginalized the Greek Catholic Church and attempted to minimize its role in the country’s history.  In several online petitions, Greek Catholic believers stated that the ROC and government authorities tried to revise the history of the Greek Catholic Church.  In September a group of Greek Catholic believers protested against the dedication of Iuliu Hossu’s bust by a ROC official during an event organized by the local government of Milas Village and the Bistrita Nasaud County Council, and Greek Catholics requested that the inscription on the bust mention Iuliu Hossu’s affiliation with the Greek Catholic Church.  Iuliu Hossu was a Greek-Catholic bishop who had a major role in the unification of Romania and Transylvania in 1918.  Protesters also criticized the decision by the mayor of Cosbuc Village and the Bistrita Nasaud County Council to commemorate Greek Catholic writer George Cosbuc without inviting Greek Catholic priests to attend the event and to have ROC priests dedicate the writer’s bust.

Religious groups reported military chaplains continued to be ROC priests with the exception of one Roman Catholic priest and one pastor from the Evangelical Alliance.

The government-established Wiesel Institute reported prosecution of anti-Semitic speech and Holocaust denial continued to be infrequent.  According to statistics released by the government for the entire year, the national-level Prosecutor General’s Office compiled a list of 42 unresolved cases.  Many of the cases included anti-Semitic elements.  Of those cases, the office sent one case to trial.  Following a complaint by the Wiesel Institute, in 2014 the Bucharest Sector 2 Prosecutor’s Office started the prosecution of the self-declared leader of the Legionary Movement for the public use of fascist, racist, and xenophobic symbols.  He had previously gone to the Wiesel Institute dressed in a uniform of the Legionary Movement, a Romanian fascist interwar organization, and performed the fascist salute while standing in the institute’s courtyard.  According to the Wiesel Institute, the file was still pending before the Prosecutor’s Office at year’s end.

According to the Wiesel Institute, the delay in the prosecution of cases continued due to lengthy investigations.  In February NGO Center for Monitoring and Combating Anti-Semitism (MCA) received a notification from the Prosecutor’s Office attached to the Targu Jiu Court stating the 2014 case based on a complaint from the MCA concerning a lampshade posted for sale online and advertised as being made of “Jewish skin” had been closed in May 2017.  According to forensic investigators, the lampshade was not made of human skin.  The MCA stated in November that it was unacceptable that there were no consequences for the person who posted the advertisement even if the lamp was not made of human skin.

The Wiesel Institute reported local authorities continued to name streets, organizations, schools, and libraries after persons convicted of Nazi-era war crimes or crimes against humanity and to allow the erection of statues and busts depicting persons convicted of war crimes.  By year’s end, the local government in Cluj-Napoca had not changed the name of a street named in 2017 for Radu Gyr, a commander of the Legionnaire movement and apologist for anti-Semitism, who was convicted of war crimes for “contributing to the political aims of Hitlerism and Fascism.”  The Wiesel Institute had asked city authorities to rename the street.  In April 2017, the Wiesel Institute notified the Ministry of Interior about streets, schools, and busts depicting or named after persons convicted for war crimes and requested the ministry to have county prefects take the necessary measures to stop the public worship of war criminals.  At the time, the Ministry of Interior stated they had requested each prefect to analyze each case and take the necessary measures in accordance with the law banning the public worship of war criminals.

In March Romfilatelia, a public company under the national post office, issued a commemorative stamp depicting Patriarch Miron Cristea, who led the ROC between 1925 and 1939 and was prime minister from 1938 to 1939.  As prime minister, Cristea was responsible for revising the citizenship law and stripping approximately 225,000 Jews of their citizenship.  Many of these persons subsequently died during the Holocaust.  The Wiesel Institute publicly asked Romfilatelia to withdraw the stamp, but the company did not respond to the request.

Several government officials made comments that were widely viewed by Jewish organizations as “trivializing” the Holocaust.  Agriculture Minister Petre Daea stated in July on Antena 3 news channel that the incineration of pigs in response to a swine flu outbreak was similar to what happened at Auschwitz.  In a press statement, the Wiesel Institute said Daea’s statement “was a trivializing comparison between the slaughter of pigs and the extermination of Jews during WW2.”  The minister did not retract his comment, stating in a press release, “I respect all the members of the Jewish community and I want to point out that I just wanted to present the very difficult situation that swine breeders are facing because of the African swine fever.”

On September 2, an advisor to Prime Minister Darius Valcov posted a video clip on his Facebook page depicting the German Democrat Forum, an organization of ethnic Germans in the country, as a National Socialist organization and compared the country’s president, Klaus Iohannis, to Adolf Hitler.  The ethnic German and Jewish communities, the Wiesel Institute, several NGOs, and opposition political figures condemned Valcov’s behavior, and some called for his resignation.  The president of the Jewish community issued a press statement that stated, “We cannot accept a comparison between Mr. President Klaus Werner Iohannis and one of the greatest criminals in history.  Mister Iohannis is the opposite of a person with Nazi, anti-Semitic, and xenophobic beliefs.”

The government continued to implement the recommendations of the 2004 International Commission on the Holocaust in Romania (Wiesel Commission) Report and to cooperate with the USHMM in promoting Holocaust education.  The Wiesel Institute continued to organize training sessions for history teachers, carry out educational activities for students, and inform the public about the Holocaust.

The government continued to state its commitment to cooperate with the USHMM to promote Holocaust education; however, observers said the general history curricula continued not to provide a mandatory class on the country’s Holocaust history.  The high school course “History of the Jews – The Holocaust” remained optional.

The government also facilitated USHMM access to the country’s national archives.  Archival institutions such as the Council for the Study of the Securitate Archives continued implementing cooperation agreements with the USHMM and provided the museum copies of historical records.

On December 6, the Bucharest Tribunal rescinded the Bucharest City Council’s decision to transfer a building to the Wiesel Institute for the future Museum of Jewish History and the Holocaust.  An individual challenged the council’s decision, stating that the council had not met procedural criteria and the intended museum lacked merit.  In September the Wiesel Institute had launched a public tender for the design of the new Jewish history museum’s permanent exhibition.  In 2017 the Wiesel Institute took possession of a building in central Bucharest transferred to it by the Bucharest General Council to build the museum.

Pursuant to its pledge to implement the recommendations of the Wiesel Commission report, the government again commemorated the annual National Holocaust Remembrance Day on October 9, marking the day when Romanian authorities began deporting the country’s Jews to Transnistria, with a wreath-laying ceremony at the Holocaust Memorial in Bucharest.  In his remarks, the president referred to anti-Semitism and Holocaust-era legislation, stating, “Such policies are today unconceivable for a society strongly attached to democratic principles and rule of law.  Discrimination against a minority who does not hold the same beliefs, values, religion, or origin as the majority is an approach that reminds us of the dark years of dictatorships….Many European democracies are facing extremism, populism, anti-Semitism, and xenophobia and for this reason, our country will act against these toxic scourges.”

The Wiesel Institute continued to organize training courses on the history of the Holocaust for teachers, police officers, and other professionals.  In September the Ministry of Foreign Affairs launched a project called “The Romanian National Expert Network on Genocide Prevention and Multidisciplinary Research on Mass Graves,” aimed at bringing together prosecutors, criminal investigators, police officers, forensic experts, historians, and other professionals to promote research of mass graves and genocide prevention.  In July the president promulgated the law on countering anti-Semitism, criminalizing the promotion of anti-Semitic ideas and the establishment of anti-Semitic organizations.  ActiveWatch NGO asked the president not to promulgate the law, arguing that it does not focus on prevention, duplicates current legislation that prosecutors have never adequately enforced, and does not respect the proportionality between the restriction on free speech and the need to counter anti-Semitism.  Jewish organizations said they favored the new law.  Self-defined far-right groups criticized the law and argued there was no antisemitism in the country.

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

According to non-Orthodox religious groups, ROC priests continued not to allow them to bury their dead in ROC or public cemeteries or otherwise continued to restrict such burials by requiring the burials take place in isolated sections of a cemetery or follow Orthodox rituals during the funeral services.  The Seventh-day Adventist Church reported two such cases in villages in Moldova and Oltenia historical regions where the ROC priests did not allow them to bury the deceased in the local cemetery, forcing them to find another cemetery.  The Christian Evangelical Church said such cases continued; however, they said local contacts would not provide the details because they feared ROC reprimands.  Non-Orthodox religious groups continued to report difficulties in obtaining land to establish cemeteries.

According to Greek Catholic leaders, the ROC, in conjunction with local authorities, continued to deny the Greek Catholic Church access to the ROC cemetery in Sapanta, which had previously belonged to the Greek Catholic Church.

The Seventh-day Adventist Church reported the Body of Expert and Licensed Accountants of Romania continued to schedule exams on Saturdays without providing the option for Seventh-day Adventist students to take the exams on another day.

A study released by the Friedrich Ebert Foundation in October, based on a survey carried out among middle school and high school teachers, found that 32.4 percent of the teachers did not want persons belonging to a different religion as neighbors.  Twenty-two percent of the respondents rated Marshall Ion Antonescu’s efforts to help his country as “good to very good.”  Antonescu was the country’s leader during most of the Second World War and the primary individual responsible for implementing the Holocaust in the country.

On November 5, in the village of Tataraseni, Botosani County, 25 students from the Tataraseni public school participated together with three teachers at a wreath-laying ceremony on the bust of Antonescu located on private property.  The Elie Wiesel Institute filed a complaint before the country school inspectorate; at year’s end, the Institute had not received a response from the government.

According to UNHCR, local media outlets depicted largely Muslim refugees as a threat because of their religion.  Conspiracy theories and antagonistic speech against Muslims appeared frequently on social networks.

Material promoting anti-Semitic views and glorifying Legionnaires also appeared in media, including on the internet.  In February the Justitiarul.ro news website published an article claiming that Zionist Jews had a secret plan to colonize the country.

On August 3, an individual painted anti-Semitic and other offensive messages on the childhood home of Auschwitz survivor and Nobel laureate Elie Wiesel in Sighetu Marmatiei, including, “The Nazi kike rests in hell together with Hitler.”  The local office of the national police and the Prosecutor’s Office attached to the Court of Sighetul Marmației started an investigation of the incident for the destruction of property and anti-Semitic acts.  By year’s end, authorities identified one suspect and ordered his psychiatric evaluation.  Police did not release the name of the suspect, but according to press reports, the individual, Iustin Creanga, was schizophrenic.

At year’s end, the case involving the destruction in 2017 of 10 tombstones in a Jewish cemetery in Bucharest was still pending before the Prosecutor’s Office attached to the Sector 4 Bucharest Court.  According to the MCA, in April 2017, vandals destroyed the tombstones.  Police identified three juveniles allegedly responsible for the crime.  Although the vandalism took place on Holocaust Remembrance Day, the police investigation found the perpetrators had acted without a specific motive.  Jewish organizations did not publicly comment on the case.

At year’s end, an investigation regarding anti-Semitic and Holocaust denial messages painted on the external wall of a synagogue in Cluj-Napoca remained pending before the Prosecutor’s Office attached to the Court of Cluj-Napoca.  In June 2017, the Jewish community in Cluj-Napoca notified police about the messages painted on a wall of the Memorial Temple of Deported Jews synagogue.

According to a Pew survey, 29 percent of respondents were willing to accept Muslims as family members, while 39 percent would accept Jews as family members.  Seventy-four percent of respondents said it was very important or somewhat important to be a Christian to be truly part of the country’s national identity.

Verbal attacks during the year holding a foreign Jewish philanthropist responsible for domestic problems had anti-Semitic connotations.  Politicians and the media ascribed negative actions to him, such as controlling an “invisible army” and paying for activities of opposition parties.

Legal Framework

The constitution guarantees freedom of religious belief and affiliation, as well as the right to change religious faith or to refrain from religious affiliation.  The constitution states the country is not bound to any particular faith and religious groups shall manage their affairs independently from the state, including in providing religious education and establishing clerical institutions.  The constitution guarantees the right to practice one’s faith privately or publicly, either alone or in association with others.  It states the exercise of religious rights may be restricted only by measures “necessary in a democratic society for the protection of public order, health, and morals or for the protection of the rights and freedoms of others.”

The law prohibits establishing, supporting, and promoting groups dedicated to the suppression of fundamental rights and freedoms as well as “demonstrating sympathy” with such groups.  These crimes are punishable by up to five years’ imprisonment.

The law requires religious groups to register with the Department of Church Affairs in the Ministry of Culture in order to employ spiritual leaders to perform officially recognized functions.  Clergy from unregistered religious groups do not officially have the right to perform weddings or to minister to their members in prisons or government hospitals.  Unregistered groups may not establish religious schools or receive government funding.

A 2017 legislative amendment increased the minimum number of adherents from 20,000 to 50,000 for organizations seeking official registration as religious groups.  The 50,000 individuals must be adults, either citizens or permanent residents, and must submit to the Ministry of Culture an “honest declaration” attesting to their membership, knowledge of the articles of faith and basic tenets of the religion, personal identity numbers and home addresses, and support for the group’s registration.  All groups registered before these requirements came into effect were grandfathered as officially recognized religions; no new religious groups have attained recognition since the amendment passed.  According to the law, only groups registered as churches may call themselves churches, but there is no other legal distinction between registered churches and other registered religious groups.

Registration confers the legal status necessary to perform economic functions such as opening a bank account or renting property and civil functions such as presiding at burial ceremonies.  The 18 registered churches and religious groups are:  the Apostolic Church, Baha’i Community, The Brotherhood Unity of Baptists, Seventh-day Adventists, Brotherhood Church, Czechoslovak Hussite Church, The Church of Jesus Christ of Latter-day Saints, Evangelical Church of the Augsburg Confession, Evangelical Methodist Church, Greek Catholic Church, Christian Congregations (Krestanske zbory), Jehovah’s Witnesses, New Apostolic Church, Orthodox Church, Reformed Christian Church, Roman Catholic Church, Old Catholic Church, and Central Union of Jewish Religious Communities.  Registered groups and churches receive annual state subsidies.  All but the Evangelical Church of the Augsburg Confession, Greek Catholic Church, Orthodox Church, Reformed Christian Church, and Roman Catholic Church have fewer than 50,000 members, but they registered before this requirement came into effect.

The Department of Church Affairs of the Ministry of Culture oversees relations between religious groups and the state and manages the distribution of state subsidies to religious groups and associations.  The ministry may not legally intervene in the internal affairs of religious groups or direct their activities.

A group without the 50,000 adult adherents required to obtain status as an official religious group may seek registration as a civic association, which provides the legal status necessary to carry out activities such as maintaining a bank account or entering into a contract.  In doing so, however, the group may not call itself a church or identify itself officially as a religious group, since the law governing registration of citizen associations specifically excludes religious groups from obtaining this status.  To register a civic association, three citizens are required to provide their names and addresses and the name, goals, organizational structure, executive bodies, and budgetary rules of the group.

A concordat with the Holy See provides the legal framework for relations between the government and the domestic Catholic Church and the Holy See.  Two corollaries cover the operation of Catholic religious schools, the teaching of Catholic religious education as a subject, and Catholic priests serving as military chaplains.  A single agreement between the government and 11 of the 17 other registered religious groups provides similar status to those 11 groups.  The unanimous approval of the existing parties to the agreement is required for other religious groups to obtain similar benefits.

The law does not allow burial earlier than 48 hours following death, even for religious groups whose traditions mandate an earlier burial.

All public elementary school students must take a religion or ethics class, depending on personal or parental preferences.  Schools have some leeway in drafting their own curricula for religion classes, but these must be consistent with the National Educational Program (an official Ministry of Education document).  Representatives of registered religious communities are involved in the preparation of the National Program.  Although the content of the religion classes in most schools is Catholicism, if there is a sufficient number of students, parents may ask a school to open a separate class focusing on the teachings of one of the other registered religious groups.  Alternatively, parents may request that teachings of different faiths be included in the curriculum of the Catholic religion classes.  Private and religious schools define their own content for religion courses.  In both public and private schools, religion class curricula do not mention unregistered groups or some of the smaller registered groups, and unregistered groups may not teach their faiths at schools.  Teachers from a registered religious group normally teach about the tenets of their own faith, although they may teach about other faiths as well.  The government pays the salaries of religion teachers in public schools.

The law criminalizes issuance, possession, and dissemination of extremist materials, including those defending, supporting, or instigating hatred, violence, or unlawful discrimination against a group of persons on the basis of their religion.  Such criminal activity is punishable by up to eight years’ imprisonment.

The law requires public broadcasters to allocate airtime for registered religious groups but not for unregistered groups.

The law prohibits the defamation of a person’s or group’s belief as a criminal offense punishable by up to five years’ imprisonment.

The law prohibits Holocaust denial, including questioning, endorsing, or excusing the Holocaust.  Violators face sentences of up to three years in prison.  The law also prohibits denial of crimes committed by the prior fascist and communist regimes.

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

Government Practices

As of year’s end, the Supreme Court continued to evaluate a motion submitted in 2017 by the prosecutor general to dissolve the LSNS, which experts generally considered a far-right extremist party.  The motion said the LSNS was in violation of the constitution and other laws prohibiting support for groups and movements aimed at the suppression of fundamental rights and freedoms and defamation of race, nation, or religious belief.

There continued to be no resolution to the registration application of the Christian Fellowship.  By year’s end, the Ministry of Culture had not concluded its consideration of additional expert opinions regarding whether it should reverse its 2007 rejection of the original application, which was based on expert opinion saying the group promoted hatred toward other religious groups.

Some members of registered Christian churches said stringent registration requirements limited religious freedom by preventing dissent within churches.  Dissenting members stymied in attempts to reform official theological positions might normally split off to form their own church, but the difficulty in registering a new religious group prevented such an action.

The government allocated approximately 42.5 million euros ($48.7 million) in annual state subsidies to the 18 registered religious groups.  The basis for each allocation was the number of clergy each group had, and a large portion of each group’s subsidy continued to be used for payment of the group’s clergy and operating costs as stipulated by law.  The Expert Commission on Financing of Religious Groups and Societies, an advisory body within the Ministry of Culture, continued discussions with representatives of registered religious groups about changes in the model to be used for their future funding and reportedly considered a model allocating funding on the basis of the number of adherents, rather than on the number of clergy.  Some members of religious groups said their groups’ reliance on direct government funding limited their independence and religious freedom, and they said religious groups self-censored potential criticism of the government on sensitive topics to avoid jeopardizing their finances.

Muslim community leaders stated prisons and detention facilities continued to prevent their spiritual representatives from gaining access to their adherents.  Muslim leaders had no legal basis to appeal to the government and request access because Islam is not an officially recognized religion.

Members of the Muslim community also continued to report the lack of official registration made obtaining the necessary construction permits for prayer rooms and religious sites more difficult, although there was no law prohibiting unregistered groups from obtaining such permits.  Representatives of the community said local officials feared opposition from the wider public, which may view unregistered groups as “sects,” and would seek technical grounds, such as zoning regulations, to reject their applications.  There were no reported cases of revoked construction permits for unregistered religious communities.

The Ministry of Culture’s cultural grant program continued to allocate funding for the upkeep of religious monuments and cultural heritage sites owned by religious groups.  In 2017, the ministry allocated 3.2 million euros ($3.67 million) for these purposes.

The three highest constitutional officials – President Andrej Kiska, Speaker of Parliament Andrej Danko, and Prime Minister Peter Pellegrini – agreed during an August meeting with political, social, and academic institutions and religious communities that the state would adopt a “zero-tolerance approach toward extremism” and would crack down on the spread of hatred and insults over the internet.  UZZNO representatives welcomed the meeting of the top constitutional officials and said they were satisfied with concrete proposals raised in the meeting to fight anti-Semitism.

Many political parties, including the largest party represented in parliament, Direction – Social Democracy (Smer), continued to express anti-Muslim views in their public statements.  In January then Prime Minister Fico stated that he rejected the creation of Muslim communities in the country.  On another occasion, Fico said that tourists came to Slovakia because they did not have to “fear explosions” and would not be “bothered” by Muslims, given the small Muslim population.

In a February public debate, Richard Sulik, the leader of Freedom and Solidarity, the second-largest political party in parliament and the largest opposition party, said he perceived Islam as a threat to Slovak society.  He stated Islam was an “incompatible ideology” for the European way of life.

During a parliamentary debate on legislation dealing with abortion, LSNS Member of Parliament (MP) Stanislav Mizik likened Muslims to barbarians and stated legislative changes would be necessary to prevent the country from becoming a “caliphate” in the future.

UZZNO representatives said the number of anti-Semitic comments and hate speech on the internet and social media increased following March statements by then Prime Minister Fico in which he indirectly accused a Jewish American philanthropist of staging a “coup” and destabilizing his government.  Fico suggested the philanthropist aided in the organization of large-scale antigovernment protests held across the country in reaction to the February killing of an investigative journalist and his fiancee, calling NGO protest organizers the philanthropist’s “children.”

Representatives of the LSNS party continued to make anti-Semitic statements and faced criminal prosecution for past statements.  Party members and supporters frequently glorified the Nazi-allied World War II-era fascist Slovak state and its leaders and downplayed the role of that regime in wartime atrocities.

In July the Special Prosecutor’s Office indicted LSNS leader and MP Marian Kotleba for his charitable donation of 1,488 euros ($1,700) to three families at a 2017 event marking the founding of the Nazi-allied wartime Slovak state.  Experts stated the amount was a symbolic representation of a 14-word white supremacist phrase and the numeric representation of a salute to Hitler.

Also in July the Specialized Criminal Court acquitted LSNS MP Stanislav Mizik of extremism charges in a case concerning a January 2017 Facebook post which criticized President Kiska for giving state awards to people of Jewish origin and to defenders of “gypsies and Muslims.”  The judge ruled there was insufficient evidence to prove it was actually Mizik who wrote the post and dismissed the charges.  The case remained pending as the Special Prosecutor’s Office appealed the verdict.

In August the LSNS party sponsored the release of a film called Rejected Testimonies, which historians said was revisionist, and planned to premiere the film on August 8 in the city of Poprad.  The premiere was canceled due to opposition by the Poprad city council, because the film was suspected of breaking laws on defamation of race and religious belief, or on support of groups and movements aimed at the suppression of fundamental rights and freedoms.  Experts considered the choice of date and place a reference to Nazi symbolism.  The documentary focuses on the positive memories of people who lived under the World War II-era Slovak state without mentioning the victims of that regime, particularly the 70,000 Slovak Jews deported by the regime and murdered in Nazi death camps.

In February LSNS MP Milan Mazurek verbally attacked an expert witness during Mazurek’s trial on extremism charges, saying the witness was “not impartial, since he is a Jew.”  In April the Specialized Criminal Court found Mazurek guilty and fined him 5,000 euros ($5,700).  Speaking to supporters after the verdict, LSNS leader Marian Kotleba stated the current “regime” was “completely equal to the Nazi regime in the thirties” for silencing critics through legal proceedings.

As of October criminal proceedings for Holocaust denial remained pending against Marian Magat, who ran as an LSNS candidate in the 2016 parliamentary elections and was described by the press as a far-right radical.

In November parliament passed an amendment proposed by Speaker of Parliament Danko (Slovak National Party) to codify a new definition of anti-Semitism and the Holocaust, which had been developed by the International Holocaust Remembrance Alliance.  Danko stated the new definitions closed loopholes and would facilitate prosecution of hate crimes and hate speech.

During an official state visit to Israel in July, Danko stated it was “high time to start fighting against intolerance and Holocaust denial in Slovakia.”  Danko also said he would fight politically to show that the LSNS was a “bunch of crazies” who have “no business being in parliament.”

In commenting on LSNS-proposed legislation, the Episcopal Conference of Slovakia, which represents the Roman and Greek Catholic Churches, said it was regrettable there had been no progress in implementing stricter prolife legislation and said the fact a party without a “consistent approach to protecting human dignity” [LSNS] was putting forward such legislation was a reason for all religious politicians to “examine their conscience.”

In September Prime Minister Pellegrini and Culture Minister Lubica Lassakova commemorated Slovak Holocaust and Ethnic Violence Remembrance Day by opening a new exhibition wing at the Holocaust Museum in Sered, which was subsidized through a one million euro ($1.15 million) government grant.  Pellegrini said on the occasion the state had the responsibility to “create a place where the young generation could come to see the horrors people had to endure between 1941 and 1945.”  The prime minister warned against historical revisionism and downplaying the wartime suffering of persecuted groups.  Government representatives, including the deputy prime minister, also participated at wreath-laying ceremonies organized by the Jewish community in Sered and Bratislava.

In April the prime minister and the minister of culture met with representatives of the Roman Catholic, Augsburg Lutheran, Greek Catholic, and Reformed Christian Churches, as well as UZZNO, to discuss mutual efforts to combat social exclusion and possible changes to the state financial subsidy to religious groups.  Religious leaders publicly stated they were worried about increasing extremism and anti-Semitism in Slovak society.

In August the Islamic Foundation in Slovakia reported an incident in which a young man verbally assaulted and pushed an Iraqi woman wearing a headscarf while walking her children to preschool in Bratislava.  The man reportedly asked the victim whether she was an Arab and demanded to know what she was doing in the country.  The victim did not report the incident to the police, and there was no official investigation.  NGOs and unregistered religious groups reported they continued to have difficulties altering negative public attitudes toward smaller, unregistered religious organizations because of the social stigma associated with not having the same legal benefits accorded to registered religions.  Representatives of unregistered religious groups said the public tended to view their activities with mistrust and perceive them as fringe “cults” because of their lack of official government recognition as religious communities.

NGOs reported continued online hate speech toward Muslims and refugees, which they attributed mostly to the social controversy surrounding the 2015 European migration crisis and inflammatory public statements by local politicians portraying Muslim refugees as an existential threat to Slovak society and culture.  Muslim community leaders said they continued to keep their activities and prayer rooms low profile to avoid inflaming public opinion.

As of August the police reported three cases of defamation of race, nation, or religious belief and two cases of incitement of national, racial, and ethnic hatred.  In the same period in 2017, there were three cases in each of the two categories.

A survey conducted by the Sociological Institute of the Slovak Academy of Sciences, published in February, showed that more than 54 percent of Slovaks would not want to have a Muslim neighbor, up from 20 percent in the same survey 10 years prior.  Similarly, approximately 23 percent of respondents indicated objections to having a Jewish neighbor, up from 11 percent in 2008.  The same survey also found that people’s trust toward churches and religious groups had declined from 65 percent in 1999 to 34 percent in 2017.

In September UZZNO filed a criminal complaint after media reported that the village of Zlate Klasy (in the western part of the country) organized its annual village fair at the local Jewish cemetery, with an inflatable bouncy castle, draft beer dispensaries, and picnic tables interspersed among tombstones and memorials to Holocaust victims.  UZZNO stated the organization of a festivity at the burial ground demonstrated a complete disregard for Jewish religious traditions and elementary principles of decent behavior and said it constituted a criminal offense according to the law, which prohibits desecrating or vandalizing a place of “eternal rest.”

Some Christian groups and other organizations characterized in media as far right continued to issue statements praising the World War II-era fascist government responsible for the deportation of thousands of Jews to Nazi death camps, and they continued to organize gatherings where participants displayed symbols of the World War II fascist state.  While there were no media reports of direct Holocaust denial by these groups, organizers often included photographs showing World War II symbols in online posts promoting their events.  On April 18, the Slovak People’s Party, described by media as a neofascist party, used such symbols during a protest march commemorating the anniversary of the execution of the president of the Nazi-allied wartime Slovak state, Jozef Tiso.

The Ecumenical Council of Churches continued to be the only government-recognized association for interreligious dialogue.  In February the Parliament of the World’s Religions, a local NGO, organized a series of public debates and school lectures to promote interfaith dialogue and tolerance.  The events hosted Catholic and Lutheran clergy, an imam, and a rabbi and aimed to debunk popular myths about the represented religions and demonstrate how religious diversity contributes to society.

Legal Framework

The constitution guarantees freedom of religion and the right of individuals to express their beliefs in public and private.  It declares all religious communities shall have equal rights and provides for the separation of religion and state.  The constitution guarantees equal human rights and fundamental freedoms to all individuals irrespective of their religion; it also prohibits incitement of religious discrimination and inflammation of religious hatred and intolerance.  The constitution recognizes the right of conscientious objection to military service for religious reasons.

The law states individuals have the right to freely select a religion; freedom of religious expression (or rejection of expression); to express – alone or in a group, privately or publicly – their religious beliefs freely in “church or other religious communities,” through education, religious ceremonies, or in other ways; and not to be forced to become a member or to remain a member of a religious group, nor to attend (or not attend) worship services or religious ceremonies.  The law guarantees the right to refuse to comply with legal duties and requirements that contradict an individual’s religious beliefs, provided such refusals do not limit the rights and freedoms of other persons.

The law requires churches and other religious communities to register with the government to obtain status as legal entities, but it does not restrict the religious activities of unregistered religious groups.  Unregistered religious groups are not permitted by law to purchase property in their name.  According to the law, the rights of religious groups include autonomy in selecting their legal form and constituency; freedom to define their internal organization and name and define the competencies of their employees; autonomy in defining the rights and obligations of their members; latitude to participate in interconfessional organizations within the country or abroad; authority to provide religious services to military, police, prisons, hospitals, and social care institutions (the state pays the salaries of chaplains providing services at these institutions); and freedom to construct buildings for religious purposes.  The law states religious groups have a responsibility to respect the constitution and the legal provisions on nondiscrimination.

As legal entities, registered religious groups are also eligible for rebates on value-added taxes and government cofinancing of social security contributions for their religious workers.

To register legally with the government, a religious group must submit an application to the MOC providing proof it has at least 10 adult members who are citizens or permanent residents; the name of the group in Latin letters, which must be clearly distinguishable from the names of other religious groups; the group’s address in the country; and a copy of its official seal to be used in legal transactions.  It must pay an administrative tax of 22.60 euros ($26).  The group must also provide the names of the group’s representatives in the country, a description of the foundations of the group’s religious beliefs, and a copy of its organizational act.  If a group wishes to apply for government cosponsorship of social security for clergy members, it must show it has at least 1,000 members for every clergy member.

There are 54 registered religious groups, including the Catholic Church, Evangelical Church, Jewish Community of Slovenia, Serbian Orthodox Church, and Islamic Community of Slovenia.

The government may only refuse the registration of a religious group if the group does not provide the required application materials in full or if the MOC determines the group is a “hate group” – an organization engaging in hate crimes as defined by the penal code.

By law, MOC’s Office for Religious Communities monitors and maintains records on registered religious communities and provides legal expertise and assistance to religious organizations.  The MOC establishes and manages the procedures for registration, issues documents related to the legal status of registered communities, distributes funds allocated in the government’s budget for religious activities, organizes discussions and gatherings of religious communities to address religious freedom concerns, and provides information to religious groups on the legal provisions and regulations related to their activities.

The government has an agreement with the Holy See covering relations with the Catholic Church.  Subsequent to that agreement, the government concluded similar agreements with several other groups.  None of the agreements offer rights or privileges beyond those accorded religious groups in the constitution.

In accordance with the law, citizens may apply for the return of property nationalized between 1945 and 1963.  The state may provide monetary compensation to former owners who cannot receive restitution in kind; for example, the state may authorize monetary compensation if government institutions are using the property for an official state purpose or public service such as education or healthcare.

According to the constitution, parents have the right to provide their children with a religious upbringing in accordance with the parents’ beliefs.  The government requires all public schools to include education on world religions in their curricula, with instruction provided by a school’s regular teachers.  The government allows churches and religious groups to provide religious instruction in their faiths in public schools and preschools on a voluntary basis outside of school hours.  The law prohibits religious instruction in public schools as part of the curriculum or during school hours but does not prescribe penalties for violations.  Private schools may offer religious classes during or after school hours.

The law mandates Holocaust education in schools.  This instruction focuses on the history of the Holocaust inside and outside of the country.  Schools use a booklet published by the Ministry of Foreign Affairs as part of the Holocaust education curriculum to create awareness of the history of Jews and anti-Semitism in Europe before World War II and of the atrocities committed during the Holocaust.  The booklet emphasizes the responsibility of everyone to remember the victims of the Holocaust.

The constitution provides for an independent Office of the Ombudsman for the Protection of Human Rights to investigate and report on alleged human rights violations by the government.  The national assembly appoints the ombudsman and allocates the office’s budget, but otherwise the ombudsman operates independently of the government.  Individuals have the right to file complaints with the ombudsman to seek administrative relief regarding abuses of religious freedom committed by national or local authorities.  The ombudsman’s office may forward these complaints to the state prosecutor’s office, which may then issue indictments, call for further investigation, or submit the claims directly to a court, whereupon the complaints become formal.  The ombudsman also submits an annual human rights report to the national assembly and provides recommendations and expert advice to the government.

The Council of the Government of the Republic for Dialogue on Religious Freedom under the auspices of the MOC’s Office for Religious Communities is responsible for promoting transparency and explaining national and EU legislation pertinent to religious groups through workshops and other events, and encouraging dialogue on issues of concern among the country’s religious communities.  Its members include representatives of the minister of culture, director of the Office for Religious Communities, commissioner for the principle of equality, and representatives of the Catholic Church, Evangelical Church of the Augsburg Confession in Slovenia, Islamic Community of Slovenia, Serbian Orthodox Church, and smaller religious communities.

The law allows for circumcision, but some hospitals believe it is illegal and do not offer the procedure.  The Ombudsman for the Protection of Human Rights has issued a nonlegally binding opinion that, based on the constitution and the law, “circumcision for nonmedical reasons is not permissible and constitutes unlawful interference with the child’s body, thereby violating his rights.”

The law requires that animals be stunned prior to slaughter.

The penal code’s definition of hate crimes includes publicly provoking religious hatred and diminishing the significance of the Holocaust.  Punishment for these offenses is imprisonment of up to two years, or, if the crime involves coercion or endangerment of security – defined as a serious threat to life and limb, desecration, or damage to property – imprisonment for up to five years.  If an official abusing the power of his or her position commits these offenses, he or she may be subject to imprisonment of up to five years.  Members of groups that engage in these activities in an organized and premeditated fashion – hate groups, according to the law – may also receive a punishment of up to five years in prison.

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

Government Practices

The government approved the registration of four new religious groups:  the Slovene Islamic Community of Grace, Community of Zandernatis, Monastery Awam Gesar, and Slovene Daoists Temple of Highest Harmony.  It did not reject any registration applications.

In July the WJRO and Ministry of Justice agreed to launch a joint research project to establish the scope of heirless properties in the country seized by the Nazis or their collaborators.  The research teams commenced research in September and planned to complete their study in 2019.  Restitution efforts for property seized during the Holocaust were complicated by the period (1945-63) covered by the law on property nationalization claims, which excluded, with some exceptions, property seized from Jewish families prior to 1945.

The Office for Religious Communities reported the Muslim community had requested the government to reserve special locations in cemeteries for Muslim graves and allow gravestones to face Mecca.  Only some cemeteries allowed this practice, and some Muslim families buried their dead outside of the country.  Muslims may establish their own cemeteries, but there were no reports they had done so.  The Muslim community also requested the government make pork-free meals readily available in hospitals, schools, prisons, and other public institutions.  The Office of Religious Institutions said it planned to convene a meeting in 2019 of the Council of the Government of the Republic for Dialogue on Religious Freedom to address food service practices in public institutions.

According to the Office for Religious Communities, an inability to provide spiritual care in the military, hospitals, and other public institutions remained a problem for some minority religious communities.  While many hospitals had Catholic chapels, members of other faiths had more limited opportunities to attend collective religious services while hospitalized.  The armed forces (SAF) employed full-time Catholic and Protestant clergy to provide religious services but no Muslim imams, Orthodox priests, or Jewish rabbis.  While Muslims and Orthodox Christians in the SAF had access to their local religious communities while serving domestically, such opportunities were not always available during deployments or training abroad.  Head of the Serbian Orthodox Church in the country Obradovic attributed the SAF’s lack of Orthodox clergy to low numbers of qualified Orthodox priests in the country, rather than inadequate government support.  The Orthodox community said it was preparing two candidates for service as chaplains in the SAF by 2023.  The Ministry of Defense said the Muslim community had not made any requests for it to employ imams in the SAF.  The Jewish community did not have any rabbis in the country; a rabbi in Trieste in Italy was responsible for Slovenia.  Catholic officials said they requested the government employ an ordained bishop as a military ordinary in the SAF and expected this issue to be resolved in a future amendment to the agreement between the government and the Holy See.

According to the Slovenian Press Agency (STA), in April Igor Vojtic, Vice Chair of the Jewish Community of Slovenia, said the community was unable to receive compensation for a synagogue in Murska Sobota the communist government demolished in 1954 or secure a building for a synagogue and cultural center in Ljubljana.  Ministry of Justice officials stated it had not received any restitution claims for the Murska Sobota synagogue and the property identified by the Jewish community in Ljubljana was prime real estate with no historic ties to that community.

In April the Constitutional Court upheld the law prohibiting the slaughter of animals without prior stunning.  The Slovene Muslim Community, not affiliated with the larger Islamic Community of Slovenia, had filed a case in 2014 alleging this law violated religious freedom.  The Islamic Community of Slovenia continued to provide certificates to companies producing meat from stunned animals, confirming the meat was halal.  The country permitted imports of halal meat products.  The Jewish community also raised concerns over the prohibition and reported it imported kosher meat from neighboring countries.  The government defended the law as necessary to comply with EU regulations to prevent unnecessary suffering to animals.

Continuing confusion over the legal status of circumcision resulted in many hospitals not offering the procedure.  As a result, some Muslims and Jews continued to have the procedure performed in Austria.

Mufti Nedzad Grabus of the Islamic Community of Slovenia criticized the government’s treatment of Muslims in June at the community’s prayer for Eid al-Fitr, stating Muslims are “always being pushed towards the margins of this society.”  Among other issues, Grabus mentioned the restrictions on ritual slaughter of animals and circumcision.  He also stated the government prioritized Christian holidays over those of other faiths.

In November Janez Jansa, leader of the opposition Slovenian Democratic Party (SDS), which won a plurality of votes in June parliamentary elections, said in a speech in Helsinki that Europe faced an external threat from radical Islam.  SDS national assembly member Branko Grims said during an election campaign debate in May the EU’s future would not be dictated by the budget but rather by “illegal migrations, the process of Europe’s radical Islamization, questions of identity, preserving European culture, civilization.”

The Office for Religious Communities continued to hold workshops and other events for religious communities to address their questions and foster interfaith cooperation.  Events included hosting a state prosecutor to explain technical details of hate speech legislation and a discussion of the UN’s Plan of Action for Religious Leaders and Actors to Prevent Incitement to Violence that Could Lead to Atrocity Crimes.

In July the government approved an agreement between the United States Holocaust Memorial Museum and the Culture Ministry to grant museum representatives access to, and allow the museum to reproduce, material in Slovenia’s archives.

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

Muslim groups and NGOs said Muslims faced obstacles in obtaining access to halal food, spiritual care, time off for Islamic holidays, and in circumcising their male children.

There were some manifestations of anti-Islamic sentiment through public events and protests and on the internet.  In November the widely described as far-right-wing magazine Demokracija argued against the government’s adoption of the UN Global Compact for Migration, commenting, “The native population tried to preserve their customs and traditions, but the political authorities did not demand of the immigrants to integrate in the western society, but rather let the Muslim immigrants, joined by blacks from Africa, to create their territories (little Eurabias) where they live by their rules…the Marrakesh Declaration will legalize all that.”

In April STA reported that Vice Chair of the Jewish Community of Slovenia Vojtic expressed concern about what he described as a negative disposition towards Jews, especially among left-leaning citizens.  The report cited Vojtic as saying, “There is a new anti-Semitism prevailing in Slovenia, one that is in fact covert because of historical experience, so it is manifested through hatred to Israel.”  Also in April, online news site Total Slovenia News reported Vojtic expressed concern that immigrants from Syria and Iraq would bring the country “face to face with aggressive Islamic anti-Semitism.”

Hate speech, especially online, was prevalent and often targeted members of the Islamic community through anti-immigrant rhetoric.  The group Generation Identity Slovenia was particularly active in posting anti-Islamic comments on social media.  The Ministry of Culture reported Demokracija to the media inspectorate for its August cover showing a photo of seven black hands groping and touching a white woman with the title, “With Migrants Comes the Culture of Rape.”  The inspectorate referred the case to police; an investigation remained pending at year’s end.  Because religion and ethnicity are often closely linked, it was difficult to categorize many incidents as being solely based on religious identity.

The general state prosecutor did not provide an update on the status of an investigation he announced in 2017 regarding why a local prosecutor had declined to prosecute Bernard Brscic, who had served as an adviser to a former prime minister, on charges of Holocaust denial for statements he made during a television interview earlier that year.

Construction of the country’s first mosque continued in Ljubljana, following delays.  According to press reports and the Islamic Community of Slovenia, the delays were due a shortage of funding, three-quarters of which came from the government of Qatar.  The Islamic Community of Slovenia said it expected the mosque to open in 2019.  In the interim, it said it rented places for worship, including large sports halls for major events.

The Orthodox community’s only church is located in Ljubljana, but Orthodox representatives said they planned to build two churches in Koper and Celje.  Catholic churches around the country routinely granted access for local Orthodox communities to host events and religious ceremonies.  Representatives of the Catholic, Orthodox, Muslim, and Protestant communities reported excellent relations among members of different religious groups, including an active dialogue at workshops and conferences.  They also reported good relations with the government.

Legal Framework

The constitution prohibits discrimination based on religion and guarantees freedom of religion and worship for individuals and communities; it allows limits on expression if “necessary to maintain public order.”  According to the Foundation, reasons would include overcrowding in small facilities or public spaces.  The Foundation provides funding in support of activities and projects that promote cultural, educational, and social integration among religious denominations that have a cooperation agreement with the state.  The Foundation also promotes dialogue and rapprochement among religious groups and the normalization of religion in society.  A law restricts unauthorized public protest, but authorities have not used it or the constitutional limits on expression against religious groups.

The constitution states no one may be compelled to testify about his or her religion or beliefs.  The constitution also states, “No religion shall have a state character,” but “public authorities shall take into account the religious beliefs of Spanish society and consequently maintain appropriate cooperative relations with the Catholic Church and other denominations.”  The Catholic Church is the only religious group explicitly mentioned in the constitution.

The government does not require religious groups to register, but registering confers religious groups with certain legal benefits.  Groups registered in the MOJ’s Registry of Religious Entities have the right to autonomy; may buy, rent, and sell property; and may act as a legal entity in civil proceedings.  Registration entails completing forms available on the MOJ’s website and providing notarized documentation of the foundational and operational statutes of the religious group, its legal representatives, territorial scope, religious purposes, and address.  Any persons or groups have the right to practice their religion whether or not registered as a religious entity.

Registration with the MOJ and notorio arraigo (“deeply rooted” or permanent) status allows groups to establish bilateral cooperation agreements with the state.  The government has a bilateral agreement with the Holy See, executed in part by the Episcopal Conference.  The government also has cooperation agreements with FEREDE, CIE, and FCJE.  These agreements are legally binding and provide the religious groups with certain tax exemptions, the ability to buy and sell property, open a house of worship, and conduct other legal business; grant civil validity to the weddings they perform; and permit them to place teachers in schools and chaplains in hospitals, the military, and prisons.  Groups with cooperation agreements are also eligible for independently administered government grants.

The agreement with the Holy See covers legal, educational, cultural, and economic affairs; religious observance by members of the armed forces; and the military service of clergy and members of religious orders.  The later cooperative agreements with FEREDE, CIE, and FCJE cover the same issues.

Registered groups who wish to sign cooperative agreements with the state must acquire notorio arraigo status through the MOJ.  To achieve this status, groups must have an unspecified “relevant” number of followers; a presence in the country for at least 30 years; and a “level of diffusion” that the MOJ considers demonstrates a “social presence” but is not further defined.  Groups must also submit documentation demonstrating the group is religious in nature to the MOJ’s Office of Religious Affairs, which maintains the Register of Religious Entities.

The Episcopal Conference deals with the government on behalf of the entire Catholic community.  Per the state’s 1979 agreement with the Holy See, individual Catholic dioceses and parishes are not required to register with the government.  In addition to FEREDE, CIE, and FCJE, the Jehovah’s Witnesses, Federation of Buddhist Communities (FCBE), Church of Jesus Christ, and Orthodox Church are registered religions with notorio arraigo status.  New religious communities may register directly with the MOJ, or religious associations may register on their behalf.

If the MOJ considers an applicant for registration not to be a religious group, the group may be included in the Register of Associations maintained by the MOI.  Inclusion in the Register of Associations grants legal status but offers no other benefits.  Registration itself simply lists the association and its history in the government’s database.  Registration as an association is a precursor to requesting that the government deem the association to be of public benefit, which affords the same tax benefits as charities, including exemption from income tax and taxes on contributions.  For such a classification, the association must be registered for two years and maintain a net positive fiscal balance.

The government funds religious services within the prison system for Catholic and Muslim groups.  Examples of religious services include Sunday Catholic Mass, Catholic confession, and Friday Islamic prayer.  The cooperation agreements of FCJE and FEREDE with the government do not include this provision; these groups provide religious services in prisons but at their own expense.  Other religious groups registered as religious entities with the MOJ may provide services at their own expense during visiting hours upon the request of prisoners.

The Regions of Madrid and Catalonia have agreements with several religious groups that have accords with the national government.  These regional agreements permit activities such as providing religious assistance in hospitals and prisons under regional jurisdiction.  The central government funds these services for prisons and the military, and the regional governments fund hospital services.  According to the MOJ, these subnational agreements may not contradict the principles of the federal agreements, which take precedence.  The Catalan government has agreements with Catholics, FEREDE, and CIE.  The Madrid Region has agreements with Catholics, FEREDE, FCJE, and CIE.

The government guarantees religious workers of groups with cooperative agreements with the state access to refugee centers, known as foreign internment centers, so that these groups may provide direct assistance, at the groups’ expense, to their followers in the centers.  According to the MOJ, other religious practitioners may enter the internment centers upon request.

Military rules and prior signed agreements allow religious military funerals and chaplain services for Catholics, Protestants, Jews, and Muslims, should the family of the deceased request it.  Other religious groups may conduct religious funerals upon request.

The government recognizes marriages performed by all religious communities with notorio arraigo status.

Religious groups must apply to local governments for a license to open a place of worship, as with other establishments intended for public use.  Requirements for licenses vary from municipality to municipality.  The MOJ states documentation required is usually the same as for other business establishments seeking to open a venue for public use and includes information such as architectural plans and maximum capacity.  Religious groups must also inform the MOJ after opening new places of worship.

Local governments are obligated to consider requests for use of public land to open a place of worship.  If a municipality decides to deny such a request after weighing factors such as availability and value added to the community, the city council must explain its decision to the requesting party.

As outlined in agreements with religious groups, the government provides funding for salaries for teachers of Catholic and, when at least 10 students request it, Protestant and Islamic classes in public schools.  The Jewish community is also eligible for government funding for Jewish instructors but has declined it.  The courses are not mandatory.  Those students who elect not to take religious education courses are required to take an alternative course covering general social, cultural, and religious themes.  The development of curricula and the financing of teachers for religious education is the responsibility of the regional governments, with the exception of Andalusia, Aragon, the Canary Islands, Cantabria, and the two autonomous cities of Ceuta and Melilla, which leave the curricula and financing of education to the national government in accordance with their individual regional statutes.

Autonomous regions generally have the authority to develop the requirements for religious education instructors and certify their credentials, although some choose to defer to the national government.  For example, prospective instructors must provide personal data, proof that the educational authority of the region where they are applying to work has never dismissed them, a degree as required by the region, and any other requirement as stipulated by the religious association to which they correspond.  The religious associations are required to provide a list of approved instructors to the government.  MOE-approved CIE guidelines stress “moderate Islam” in worship practices, with emphasis on plurality, understanding, religious tolerance, conflict resolution, and coexistence.  CIE also requires instructors to have a certificate of training in Islamic education.

Catholic clergy may include time spent on missions abroad in calculations for social security, and claim retirement pension credit for a maximum of 38.5 years of service.  Protestant clergy are eligible to receive social security benefits, including health insurance and a government-provided retirement pension with a maximum credit of 15 years of service, but pension eligibility requirements for these clergy are stricter than for Catholic clergy.  The law allows Protestant clergy to count towards retirement time worked prior to 1999, the date of a prior decree, only if these clergy adjusted their status in 1999, and does not allow Protestant clergy to claim retirement credit for time worked abroad.  Protestant clergy must also pay unfunded pension contributions in one lump sum rather than via monthly salary deductions, as Catholic clergy do.  Clergy from the Russian Orthodox Church, CIE, and Jehovah’s Witnesses are also eligible for social security benefits.  The benefits for clergy from these groups depend on the specific terms of separate social security agreements that each of these groups negotiated with the state.

The penal code definition of hate crimes includes acts of “humiliation or disrespect” against victims because of their religion, with penalties of one to four years in prison.  Under the penal code, it is a crime to prevent or disrupt religious services and to offend, scorn or blaspheme religious beliefs, ceremonies, or practitioners.  Those who do not profess any religion or belief are also protected under the penal code.  By law, authorities may investigate and prosecute criminal offenses committed by neo-Nazi groups as “terrorist crimes.”  Genocide denial is a crime if it incites violent attitudes, such as aggressive, threatening behavior or language.

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

Government Practices

According to the MOJ’s report on religious freedom, the Church of Jesus Christ and the FCBE both said they were unable to conclude agreements with the government and therefore were excluded from the benefits available to the Catholic Church and the three other religious groups with such agreements.  The Church of Jesus Christ said it had been trying unsuccessfully for years to obtain an agreement, and the FCBE expressed regret that the state had for many years denied agreements to other religious groups with notorio arraigo status.

Some religious minorities, such as FEREDE, FCJE, and the Church of Jesus Christ, called for improved and equal access for religious groups providing spiritual services at public institutions, such as hospital, prisons, and the military.  FEREDE also sought government reimbursement for the cost of providing such services, in the same way the government did for the Catholic Church.  FEREDE welcomed the state’s decision to house Protestant chapels and ministers in some military bases, although it criticized the lengthy delays and lack of attention the issue received from the government.  FCJE, CIE, and FEREDE welcomed the decision to allow religious observance in prisons but also considered it necessary to standardize prisoners’ access to religious services so that it would be on a par with other basic services.

According to the MOJ’s report on religious freedom, several groups cited local government restrictions on their ability to proselytize or manifest their faith in public spaces.  FEREDE stated municipalities often imposed fines or other sanctions on members who distributed religious pamphlets or engaged in other religious activities in public areas, although the central government owned the land.  According to FEREDE, there was a growing tendency of local authorities to silence religious groups and expel them from the public space.  Jehovah’s Witnesses cited 37 municipalities where there were unresolved issues involving restrictions on the use of public spaces for religious activities.  The Church of Jesus Christ said its missionaries had occasionally encountered restrictions in posting placards in public or establishing booths at public fairs.

In September authorities detained and questioned actor Willy Toledo after he refused to appear in court to respond to allegations of offending religion for making insulting remarks in 2017 about God and the Virgin Mary.  In May and June Toledo had refused to answer questions before a judge about the charges, which were filed by the Spanish Association of Christian Lawyers, and said he would continue to “make mockery.”  The lawyers’ association reportedly broadened its complaint against Toledo to incitement to hatred after he said, “Ultra-Catholics should disappear from the face of the earth,” and, according to the association, justified crimes against Catholic clergy during the Spanish Civil War by stating on television, “The churches and priests must have done something to be burned.”

In March Member of Parliament Enric Bataller of the Compromis Party introduced a bill to remove from the penal code the crime of offending religion.  According to the draft bill, the existing provision of the code contradicted “the constitutional rights that guarantee freedom of expression and the nonconfessional character of the state.”

Several religious groups, especially Protestant ones, said burdensome and unequal regulations remained a principal obstacle to religious groups seeking licenses or permits for places of worship.  For example, FEREDE Executive Secretary Mariano Blazquez cited a requirement in several municipalities that there be at least 500 meters (1640 feet) separating one place of worship from another, which disproportionately affected non-Catholic denominations due to the prevalence of Catholic churches.  Groups said other restrictions, such as requirements that religious centers maintain the same level of acoustic insulation as nightclubs, were excessively expensive and technically difficult to fulfill.

According to the MOJ, Protestant groups built 197 new places of worship in the country between December 2017 and December 2018, bringing the total to 4,238, or 58.5 percent of all non-Catholic places of worship.

Other religious groups cited similar concerns in the government’s report on religious freedom.  CIE stated municipal urban planning restricted the opening of places of worship in city centers, forcing them to move to city outskirts.  Jehovah’s Witnesses cited long delays of up to one year after approval of construction for a place of worship until authorities issued a permit to begin work.

According to the MOJ’s report on religious freedom, Muslim and Buddhist communities reported problems with accessing and establishing cemeteries.  FCBE said no Buddhist cemeteries or specific places to deposit remains according to Buddhist tradition existed in the country, and there was no interest on the part of municipalities to address the issue.  CIE expressed the need for a place of burial in each one of the Balearic and Canary Islands.  In addition, CIE reported only the autonomous communities of Andalucia and Valencia and the autonomous cities of Ceuta and Melilla allowed coffinless burials.  The European Commission against Racism and Intolerance (ECRI) stated the country had 28 public cemeteries with specific plots for Muslims.

The Jewish community also cited a need to obtain more space in cemeteries, where it could carry out burials in accordance with Jewish customs.  Despite existing agreements between FCJE and Valencia and Alicante under which the cities were to provide Jewish cemeteries, the projects remained pending at year’s end.

In May pamphlets featuring People’s Party Leader in Catalonia and former Badalona Mayor Xavier Garcia Albiol, in which Garcia Albiol called for blocking the construction of an Islamic prayer room in the Artigues neighborhood of Badalona, circulated in the city.  Then-Badalona Mayor Dolors Sabater said her administration was considering charging Garcia Albiol with a hate crime but did not do so.

FCJE Director Carolina Aisen said implementation of the law allowing descendants of Sephardic Jews expelled from the country in 1492 to gain citizenship continued to run smoothly.  According to Aisen, who said she met monthly with the MOJ to discuss progress, 4,000 Sephardi descendants obtained citizenship between January and September, and approximately 18,000 Sephardis had started the application process.  The bulk of applicants continued to come from Venezuela; others came from Israel, other countries in Latin America, and the United States.  The Jewish community said burdensome financial and administrative requirements, such as a requirement to self-fund a trip to the country for the personal interview, reduced the response to the law.  Aisen said the sharp rise in applications for citizenship was likely due to concerns the law would expire in 2019.

The FCJE estimated there were very few survivors of the Holocaust residing in the country and said this was why the government only considered restitution on a case-by-case basis.  The FCJE reported no restitution cases during the year.

The MOJ’s report on religious freedom cited complaints by several religious groups, including the Catholic Church, FEREDE, FCJE, and CIE, about obstacles to providing religious education and the integration of religious teachers in schools.  The Catholic Church said some autonomous communities failed to provide students or their parents sufficient information on the possibility of pursuing religious studies, or placed barriers to the teaching of such classes, in violation of the government’s accord with the Holy See.  FEREDE stated many localities did not offer Protestant classes, and parents often were unable even to request such classes.  After protracted efforts by the Protestant community, according to the report, the autonomous community of La Rioja began to offer religious classes for Protestants in schools, as did Huesca Province; however, the autonomous community of Valencia had not responded to the requests for such classes by more than 700 students.

Religious groups said there was also a continuing lack of information on classes or enrollment options for students.  CIE cited a similar lack of information and enrollment options for students and reported that only six autonomous communities and Ceuta and Melilla had Islamic studies educators, despite the existence of eligible instructors in every region.  In the Basque Country, there were reports some schools had called in parents to discourage them from seeking Islamic classes for their children.

There were no Jewish classes in public schools, and FCJE reported schools were usually unaware of Jewish holidays provided for in the accord between FCJE and the state.  The Church of Jesus Christ proposed the right of religious education in public schools be extended to all religious groups with notorio arraigo status, not just to groups with agreements with the state.

In February the Education Commission of the national parliament approved a nonbinding resolution introduced by members of the Valencia-based Compromis Party and Together We Can (Unidos Podemos), a coalition of left-wing political parties, calling on the government to eliminate religion from the public school curriculum.  The draft resolution, which parliament did not vote on, also called for the repeal of the government’s agreements with the Holy See and with other religious groups.

In June the Regional Parliament of Navarre approved a nonbinding resolution calling on the federal government to “denounce the accords between Spain and the Holy See,” with a view to establish a secular education system in public schools.

In July the Federation of Associations of Fathers and Mothers of Students in the Province of Castellon (FAMPA) said it was receiving complaints from parents of students in schools selected to teach Muslim students classes on Islam.  FAMPA head Silvia Centelles said the organization had always favored doing away with teaching religion in classes and that parents said they could not understand how education officials could be in favor of teaching “the Islamic religion in classes, a religion that denigrates women and relegates them to second-class status.”

In January the Workers’ Commissions (Comisiones Obreras), the country’s largest labor union, called for the elimination of religion from public schools and an education “free of the dogmatism of the Catholic Church.”  In February the teachers’ union of Castilla La Mancha called for a reduction in class hours dedicated to teaching religion to the minimum required by law until national norms were changed towards establishing secular public schools.  According to a statement by the union, religion as a subject matter was neither a science nor an art and did not merit inclusion in public schools; rather it served to spread Catholic doctrine and only distorted the normal functioning of students’ education, taking beliefs from the private to the public space, where they did not belong in a nonconfessional society.

Holocaust education in secondary school curricula continued to expand in accordance with an MOE mandate contained in two existing royal decrees.  The subject was included in fourth-year compulsory geography and history class and first-year contemporary world history class.  In 2017, the FCJE signed an agreement with the MOE to train teachers on the Holocaust, Judaism, and anti-Semitism.

In December the state-supported cultural center Centro Sefarad Israel organized a trip to Berlin for approximately 15 Spanish teachers to learn about the Wannsee Conference, the meeting at which Nazi officials planned the Holocaust.  The trip included lectures and a tour of a concentration camp.  Centro Sefarad Israel organized dozens of lectures and courses throughout Spain on anti-Semitism and the Holocaust, bringing speakers from around the world to speak to groups of teachers and other instructors.

Despite a 2017 Supreme Court ruling making government pension eligibility requirements for Protestant clergy the same as those for Catholic priests, no Protestant clergy had yet begun receiving a government pension because the ruling was not retroactive.  FEREDE asked the government to issue a royal decree to allow retired Protestant clergy to collect pensions from their time in service prior to 1999 and to allow survivor benefits for spouses and children of clergy.

The Catholic Church remained the only religious entity to which persons could voluntarily allocate 0.7 percent of their taxes.  Other religious groups were not listed on the tax form as potential recipients of funds.  Several religious groups, including Protestants, Muslims, Buddhists, and members of the Church of Jesus Christ, continued to express their desire to have their groups included on the tax form so they could be eligible to receive the 0.7 percent allocation from taxpayers.  The tax designation yielded 267.8 million euros ($307 million) in donations to the Catholic Church during the year, according to news reports.

Representatives of FEREDE, CIE, and FCJE stated they did not receive all of the benefits to which they were entitled under their cooperative agreements with the government.  As an example, they cited their inability to make use of the same tax allocation financing system that the Catholic Church used.

Many religious groups, such as FEREDE, CIE, and FCJE, said that they relied on government funds, provided through the Foundation, to cover their administrative and infrastructure costs.  According to the MOJ’s report on religious freedom, CIE indicated its interest in changing the Foundation’s system of assigning funds that supported Islamic communities so that funds could be used to support several communities that stopped receiving other forms of assistance.  FCBE, which is not a participant in the Foundation, said that it did not receive any public funding and expressed its desire to receive such assistance in the future.  FEREDE proposed the government increase tax deductions for donations to religious groups so that these groups could better self-finance their operations.  Religious representative bodies, such as FEREDE, CIE, and FCJE received funding from the Foundation to cover administrative and infrastructure costs.  During the year FEREDE received 356,000 euros ($408,000), FCJE received 169,362 euros ($194,000), and CIE received 255,000 euros ($292,000).  The Foundation also provided 120,000 euros ($138,000) in small grants to dozens of local religious associations for educational and cultural projects aimed at promoting religious integration.

In May the regional government of Navarre became the first of the 17 autonomous communities to endorse the Boycott, Divestment, and Sanctions (BDS) movement against Israel, approving a nonbinding declaration calling on the central government to “support any initiative promoted by the international BDS campaign” and “suspend relations with Israel until that country stops its criminal and repressive policies against the Palestinian population.”  The measure did not stipulate any actions the Navarre government should take in support of BDS other than its appeal to the central government.

As of June approximately 100 local, municipal, or provincial governments had passed resolutions supporting the BDS movement, including Valencia, the country’s third largest city, although court rulings had voided more than a dozen of these resolutions after the attorney general for hate crimes began investigations in 2017 to determine possible criminal responsibility of municipalities that supported the BDS movement.  For example, in June the High Court in the province of Asturias found that the city of Castrillon’s policy of boycotting Israel was unconstitutional.  In August the municipalities of Sagunto and Villarrobledo reversed prior statements in support of BDS after the local NGO Action and Communication on the Middle East threatened a lawsuit.  The NGO Lawfare Project said that, as of June, its litigation fund had secured 58 court victories against BDS campaigns in the country.

In December the interagency Religious Freedom Advisory Committee, led by Minister of Justice Dolores Delgado, held plenary and standing committee sessions to review issues pertaining to religious freedom in the country.  The committee reviewed the status of religious freedom, noted issues of concern, and approved the MOJ’s 2017 report on religious freedom.  The committee comprised representatives from various government offices, academics, and religious leaders from the Catholic Church, FEREDE, FCJE, CIE, Church of Jesus Christ, Federation of Buddhist Communities, and Orthodox Church.  The committee had seven working groups to address specific religious issues, including approval of the MOJ’s annual report on the status of religious freedom in the country.

The city of Barcelona continued to implement its “Plan of Action against Islamophobia.”  As part of the plan, the city’s Office for Nondiscrimination launched a communications campaign in partnership with Muslim communities to sensitize the population to anti-Muslim sentiment and its impact.  The city hall led training events on human rights and diversity, including religious tolerance, to municipal employees, as well as to more than 1,500 children.  The office also provided legal, social, and psychological assistance to victims of discrimination, including religious discrimination.

In August the Foundation signed an agreement with the Madrid municipal police to protect the religious freedom of members of the police force by coordinating on research and development of new methodologies to manage a religiously diverse police force.

According to the MOJ’s report on religious freedom, FEREDE and FJCE again called for greater neutrality on the part of the national and local governments in conducting official activities.  They cited the organization of Catholic state funerals and the participation of government officials in acts or ceremonies of a particular religious group as evidence of a lack of neutrality.

In May the Rioja Provincial Parliament approved a nonbinding resolution calling on the provincial government to give proof of institutional secularism as a “public reflection of real neutrality and respect for diverse religious beliefs.”  In particular, the resolution asked the government to ensure that public ceremonies in which members of the provincial executive branch participated were secular.

In May the Barcelona High Court upheld the 2017 conviction and six-month prison sentence of Barcelona bookstore owner Pedro Varela for intellectual property crimes for selling Mein Kampf without authorization.  Varela was released on two-year’s probation after serving one month of his sentence.  Authorities continued to investigate Varela on charges of selling books promoting religious hatred or discrimination, and his bookstore remained closed.

Movement Against Intolerance, a nonreligiously affiliated NGO that compiles instances of religiously motivated hate crimes, criticized government and religious leaders for not working together to combat all forms of religious intolerance.  Director Esteban Ibarra again stated authorities should apply the criminal code pertaining to religiously motivated crimes more widely and that public prosecutors and police remained unprepared to combat religious intolerance.  Ibarra also pointed to a lack of preventive education in schools.  In addition, FEREDE proposed the government create a hotline for victims of religious persecution and hate crimes.

According to Ibarra, anti-Semitism and anti-Muslim sentiment were on the rise, partly due to the actions of some members of political parties on the far left and right, such as Podemos and Vox.  Ibarra said that, although membership in ultra-right parties remained small, such parties had gradually expanded their online and public presence over the previous year, including through public meetings, marches, and statements in the press.  Ibarra stated the support for BDS policies among some members of parties like Podemos contributed to the further isolation of Israel and an increase in anti-Semitism.

During an appearance on Catalan public television, Bel Olid, a writer and activist affiliated with the far-left CUP (Catalan Popular Unity Candidacy) Party, encouraged participation in the March 8 International Women’s Day demonstrations by calling for the burning of the Episcopal Conference for being sexist and patriarchal.

The Foundation provided training on preventing anti-Islamic sentiment and other religious discrimination and organized an event with the Canada Foundation and the Spanish Federation of Municipalities and Provinces on reducing violent religious extremism.  The Foundation hosted a seminar with members of the Baha’i Faith on preventing violent radicalization.

According to the MOJ’s report on religious freedom, FEREDE asked the government to adjust its visa policies for foreign religious workers in recognition that spouses and minor children might accompany Protestant clergy.

The Office of Religious Affairs continued to maintain an online portal for information on registered minority religious groups to aid new immigrants or citizens moving into a community to find his or her locally registered religious community and place of worship.  The MOJ stated the tool provided no personally identifiable information and complied with the information protection law.

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

According to the Observatory for Religious Freedom and Conscience (OLRC), there were 142 incidents that it described as violating religious freedom in the first nine months of the year, 20 more than in the same period in 2017.  Of the incidents, 92 targeted Christians (including 79 against Catholics), 10 were against Muslims, five against Jews, and 35 classified as against all faiths.  There were two incidents of violence, 33 attacks on places of worship, 42 cases of harassment, and 65 cases of public marginalization of religion.  As described in the report, many incidents had political as well as religious motivations.  Some involved protests of government actions perceived as favoring or disfavoring religious groups or were declarations or resolutions by civil society groups or political parties calling for the cessation of religion classes in schools, a strict separation of religion and state, or a renegotiation of the government’s agreement with the Holy See.

The MOI reported 103 hate crimes based on religious beliefs or practices and, separately, six motivated by anti-Semitism in 2017, the most recent year for which data were available, compared with 47 and seven such crimes, respectively, in 2016.  Half of the anti-Semitic crimes and 43 percent of the other religiously motivated crimes reported in 2017 occurred in Catalonia.  The MOI’s report did not cite specific examples or provide a breakdown of religiously motivated incidents by type of crime.

The Citizens’ Platform against Islamophobia reported 546 anti-Muslim incidents in 2017.  The NGO said that, because its methodology had changed, this figure should not be compared to the 573 incidents in 2016.  Of the total reported cases, which it said represented “only the tip of the iceberg,” 386 incidents were media or internet based, while 48 percent comprised verbal insults or derogatory statements against Islam and Muslims.  Incidents occurred most often in Catalonia (51), Andalucia (22), Valencia (20) and Madrid (17).  The NGO said it believed the large number of incidents in Catalonia was related to August 2017 terrorist attacks.  The government characterized these attacks as “jihad terrorism.”  According to the NGO, the targets were Muslims and Islam in general, women (21 percent), children (7 percent), and mosques (7 percent).  The most frequent type of incidents after online hate speech, it reported, was discrimination against women wearing hijabs, at 21 percent.

According to the OLRC report, in one violent incident in March, a Moroccan man attacked and insulted a Moroccan woman in Lorca because of what he said was her attire and demeanor in public.  The woman reportedly suffered minor injuries.  Police arrested the suspected perpetrator, who had allegedly threatened the woman on other occasions.  In the other violent incident OLRC cited, in August police arrested two men described as leftist extremists after they allegedly attacked a group of youths wearing t-shirts of a Catholic university in Murcia.  One of the attackers hit a youth on the head with a bottle, causing an ocular hemorrhage.

In August in Mataro, Barcelona Province, the Civil Guard detained two Moroccan men allegedly involved with recruiting individuals to join ISIS.  According to press reports, the detainees had posted on the internet that their objective was “to kill all Jews.”

The attacks against places of worship the OLRC report cited included not only vandalism, but also threats and incitement to violence.  In one, ISIS disseminated a message to followers and sympathizers containing a picture of the Church of the Holy Family in Barcelona with the words, “If you don’t have a weapon, you have a truck or a knife.”

The MOJ’s report on religious freedom cited 43 hospitals throughout the country that refused to treat Jehovah’s Witnesses who declined to consent to blood transfusions.  The report stated that many hospitals denied treatment even for minor procedures and made no effort to identify a physician within the hospital or another medical facility willing to treat the patient.  If a physician was willing to operate on or treat a Jehovah’s Witness, hospital administrators sometimes hindered the ability of these physicians to provide medical services to that patient.  If another medical facility willing to treat a Jehovah’s Witness were found, hospitals sometimes refused to transport the patient to the other facility.  The problem, according to the report, was most serious in smaller cities, where alternative medical options were limited.

In March according to press reports, neighborhood associations and others in the Barcelona district of Nou Barris called on authorities to stop the daily harassment of dozens of persons using a mosque located there.  According to a district representative, neighbors opposed to the mosque banged pots and pans in protest every night, and on Fridays and weekends, members of far-right groups from outside the district came to harass and insult persons leaving the mosque.  A member of the local Muslim community called on authorities to provide security, as did the priest of a Catholic Church in the neighborhood, who said, “They [Muslims] should have the same right that we have.”

In May a Barcelona court issued preliminary measures restricting seven members of the far-right National Democracy Party from communicating with or coming within 300 meters (1000 feet) of the Nou Barris mosque.  Additionally, the court shut down their social media accounts from which it said they spread their hate speech.  Authorities accused the perpetrators of vandalism, coercion, and incitement of hate against the Muslim community after having systematically perpetrated hostile actions against this community since March 2017.

In September a group of women protesters, some of them topless and wearing masks, surrounded Catholic Bishop of San Sebastian Jose Ignacio Munilla as he was entering a church to celebrate Mass.  In March another group of women protesters stripped in front of the Good Pastor Cathedral in San Sebastian, protesting remarks the bishop had made about feminism.

According to the ECRI report on the country, the Jewish community stated anti-Semitism was increasing in the media, and ignorance about Jews created opportunities for anti-Semitic sentiment.  ECRI said frequent use of expressions such as “Islamic terrorism” and “Jihadist terrorism” in the press contributed to a rise in anti-Islamic sentiment and negatively influenced public perception of Muslims.

According to the MOJ report on religious freedom, FEREDE stated offenses and acts of incitement of hatred against Christianity were growing, although many incidents were not reported, and when they were, authorities did not always impute a religious motive to them.  The FCJE cited continued anti-Semitism in mass media, and particularly in social media, by anonymous accounts.  The Catholic Church reported increased instances of offensive speech against Catholicism, its priests, and the religious beliefs of its members, which, according to the Church, exceeded the normal scope of freedom of expression or opinion.  The CIE cited particular concerns over societal discrimination against Muslim women, especially those wearing the hijab, in the workplace and schools and at swimming pools and beaches.  CIE also reported growing hate speech against Islam, Muslims, and refugees, many of whom were Muslim, on social media, as well as increased incidents of vandalism against mosques.  Each group called on the government to improve its response and provide better protection to places of worship.

In June authorities in the Canary Islands arrested a Moroccan national for disseminating hate speech in social media against the Jewish community.

In December the European Union’s Agency for Fundamental Rights (EU-FRA) released its second survey of Jewish experiences and perceptions of anti-Semitism.  EU-FRA targeted Jewish populations through community organizations, Jewish media, and social networks; 570 individuals who identified themselves as Jewish residents of Spain responded to the online survey.  Seventeen percent said they had witnessed other Jews being physically attacked, insulted, or harassed in the previous 12 months, and 32 percent reported being harassed over the same period.  Twenty-six percent of respondents said they had felt discriminated against because of their religion or belief; 73 percent thought anti-Semitism had increased over the previous five years.

In March police found an incendiary device, described as akin to a Molotov cocktail, on the window of a Catholic church in Cordoba.  Reportedly, the fuse had been lit, but the device did not explode.  A similar incident occurred in June when a group broke windows at the Autonomous University of Madrid and threw incendiary devices at the chapel.  Also in June unknown individuals started a fire in the Catholic Basilica of Santa Maria in the city of Elche.  Persons inside the church put out the fire before it spread.

In July vandals ransacked a Catholic church in the town of Adrados in Leon Province, causing damages that residents estimated might exceed 30,000 euros ($34,400).  Authorities detained two suspects.

In July vandals painted swastikas on the walls of the Great Mosque of Valencia, hung up the mask of a pig, and wrote graffiti and signs reading “No Moors” and “Stop Islam, Stop Jews.”

In March unidentified individuals painted “Moors Get Out” and a target at the entrance to a mosque in Hernani, Guipozkoa Province.  The head of the Islamic Federation of the Basque Country, Aziz Messaoudi, spoke out against the vandalism, stating, “One cannot toy with the social peace of our society of Euskadi, because that is the red line we cannot cross.”

In February unknown individuals scrawled on the front of the Greater Synagogue of Barcelona, “Get Out of Our Land.”  The synagogue is one of the oldest in Europe.

In March unidentified persons painted graffiti linking Jews to the Illuminati on the Holocaust Monument in Oviedo.

Press reported that in March on International Women’s Day, far-left feminists scrawled graffiti on Catholic churches in several cities throughout the country, including Madrid, Seville, Granada, Cordoba, and La Coruna.  The graffiti criticized the Catholic Church, religion, or “the patriarchy” or was pro-abortion.  One read, “The church that best illuminates is the one that burns.”

In January a graffito reading “Muslims Not Welcome” was scrawled on a wall near the M30 Mosque in Madrid.  The graffito was signed with the initials “DNJ,” which, according to press reports, corresponded to the youth wing of National Democracy, a far-right political party without representation in the national or regional parliaments.

In May a Madrid court prosecuted Melisa Dominguez, the leader of the neo-Nazi group Hogar Social Madrid, for a hate crime in connection with an incident involving the M30 Madrid Mosque in March 2016.  Dominguez was accused of throwing flares at or near the mosque and posting signs near it that contained hate speech.  Dominguez’ trial was ongoing at year’s end.

In September the UNESCO Association for Interreligious Dialogue (AUDIR), a Catalan NGO comprised of members of multiple religious groups, organized the third of its “Night of Religions” in Barcelona, in which more than 30 religious centers representing 15 different faiths shared their religious traditions with the public.  AUDIR continued to implement the project “Building Bridges,” in which 40 youths from different faiths attended courses on interfaith dialogue, among other subjects.  As part of the program, the participants visited places of worship in their neighborhoods.

Legal Framework

The constitution provides “the freedom to practice one’s religion alone or in the company of others.”  The law mandates there be no limitation of rights or freedoms on the grounds of religious opinion.

The constitution instructs public institutions to combat discrimination based on religious affiliation.  According to law, complaints about discrimination for religious reasons in the private sector, in the government, or by a government agency or authority must be filed with the Discrimination Ombudsman.  The ombudsman investigates each case and issues a decision that is not legally binding.  The decision includes recommendations to prevent future discrimination.  The ombudsman takes some cases to court each year, in part to create legal precedent.  The ombudsman can represent the individual making a complaint in the event of legal proceedings if he or she requests it.

The constitution states, “The opportunities of religious minorities to preserve and develop a cultural and social life of their own shall be promoted.”  No one is obliged to belong to a religious community or “divulge religious beliefs in relations with public institutions.”

There is no requirement in the law for religious groups to register or otherwise seek recognition.  Faith communities registering with the SST, however, receive tax exemptions similar to those of nonprofit organizations and are eligible to receive government funding.  To register with the SST, a religious group must submit an application to the Ministry of Culture demonstrating the group fulfills certain requirements, including that it be stable and have operated in the country for at least five years, have a clear and stable structure, be able to function on its own, serve at least 3,000 persons (with exceptions), and be present in different locations in the country.

According to the law, animal slaughter must be preceded by stunning and/or the administration of anesthetics to minimize the animal’s suffering.

The law stipulates that male circumcision may be performed only by a licensed doctor or, for boys under the age of two months, by a person certified by the National Board of Health and Welfare.  The board certifies mohels (individuals who conduct ritual Jewish circumcisions) to perform the operations on boys younger than two months but requires the presence of a medical doctor, who must administer anesthesia to the infant.

The government facilitates fundraising by religious groups by offering them the option of collecting contributions through the Tax Agency in exchange for a one-time fee of 75,000 Swedish kronor ($8,400) and an annual fee of 21 kronor ($2) per member per year.  The Church of Sweden is exempted from the annual fee because it, unlike the other religious groups participating in the scheme, does not receive financial support from the SST.  Only religious groups registered with the SST may participate in the scheme.  Religious groups freely choose what percentage of members’ annual taxable income to collect, with a median collection rate of 1 percent.  The Tax Agency subtracts a percentage of the member’s gross income and distributes it to the religious organization.  The member’s contribution is not deductible from income tax.  Seventeen religious organizations participate in the scheme, including the Church of Sweden, Roman Catholic Church, four Muslim congregations, and two Syriac Orthodox churches.

The government provides publicly funded grants to registered religious groups through the SST, which is under the authority of the Ministry of Culture.  The grants are proportional to the size of a group’s membership.  Registered religious groups may also apply for separate grants for specific purposes, such as security expenses.

The military offers food options compliant with religious dietary restrictions.  Each military district has a chaplain.  According to the law, chaplains may be of any religious affiliation, but all chaplains seconded to the armed forces belong to the Church of Sweden.  Regardless of religious denomination, chaplains are required to perform religious duties for other faiths or refer service members to spiritual leaders of other faiths if requested.  The law specifically exempts Jehovah’s Witnesses from national military service.  Other conscientious objectors may apply for nonarmed military service but are in practice not inducted into the military.  Armed forces guidelines allow religious headwear.  Individuals serving in the military may observe their particular religious holidays in exchange for not taking leave on public holidays.

Religious education is compulsory in public and private schools.  Teachers use a curriculum that encompasses lessons about the major world religions without preference for any particular religious group.  Parents may send their children to independent religious schools, which the government supports through a voucher system and which must adhere to government guidelines on core academic curricula, including religious education.  Such schools may host voluntary religious activities outside the classroom, but these activities may not interfere with government guidelines on core academic curricula.

Hate speech laws prohibit threats or expressions of contempt for persons based on several factors, including religious belief.  Penalties for hate speech range from fines to a sentence of up to four years in prison, depending on the severity of the incident.

Law enforcement authorities maintain statistics on hate crimes, including religiously motivated hate crimes, issuing them every two years.  Law enforcement authorities may add a hate crime classification to an initial crime report or to existing charges during an investigation.  Prosecutors determine whether to bring hate crime charges as part of the prosecution, and the defense has an opportunity to rebut the classification.  In cases where the criminal act involves a hate crime, the penalties increase.

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

Government Practices

Several Christian organizations – including the Christian Council of Sweden, which represents 27 Catholic, Free Church, Lutheran, and Orthodox Churches, with 6.5 million members – criticized the Migration Agency for rejecting asylum applications of Christians – primarily converts – who said they risked religious persecution in their home countries.  In addition, these critics said the methods used by the agency to evaluate asylum seekers’ Christian status required the applicants to demonstrate unreasonable knowledge of scripture and did not sufficiently take into account their participation in religious activities and references from their clergy.

In September an Afghan asylum seeker in Jonkoping who converted to Christianity in the country in 2016 committed suicide after authorities rejected his application for asylum on the grounds of religious persecution in his home country.  The man’s pastor, Chatrine Carlson, told the newspaper Dagen that “his Christian faith was not deemed to be genuine.  The authorities concluded, therefore, that he faced no risks upon his return and that he did not have a legitimate asylum claim.  But he was open and clear about his Christian faith and he was part of our congregation’s network for converts.”  Ulrik Josefsson, the chair of the man’s church in Jonkoping, told the same newspaper, “We have seen this guy participate in our activities.  If his faith was not genuine, then my faith is not genuine.”

As part of its continuing “National Plan to Combat Racism, Similar Forms of Hostility, and Hate Crimes,” the government more than doubled its allocation from 2017 – to 22 million kronor ($2.46 million) per year in 2018 and 2019 and 15 million kronor ($1.68 million) annually thereafter – to improve the security of religious organizations and civil society.  The government moved the responsibility of dispensing the funding from the SST to the Legal, Financial, and Administrative Services Agency.  The move enabled a wider range of civil society organizations, including religiously oriented nongovernmental organizations (NGOs) not registered with the SST, to apply for funding to improve their security, for example, by purchasing security cameras and hiring security guards.

In October Chairman of the Official Council of Swedish Jewish Communities Aron Verstandig stated he welcomed the government’s increased allocation of funds in support of religious organizations’ security measures.  He projected the initiative would ease the financial burden of security spending currently borne by the country’s Jewish congregations.  In an interview with Israeli newspaper Israel Hayom in September, Verstandig described the nationalist right in the country as an indirect but palpable threat to the Jewish community and called on politicians to rein in neo-Nazis and their activities.

The Police Authority spent an additional 10 million kronor ($1.12 million) to prevent and investigate hate crimes.

Some Christian leaders stated the government largely ignored cases of persecution against Christian asylum seekers and refugees during the year.  Deputy Secretary-General of the Swedish Evangelical Alliance Jacob Rudenstrand and Director of the Christian NGO Open Doors Sweden Peter Paulsson said that Christian refugees faced persecution, particularly from Muslim refugees, that they were not safe in the country, and that the government needed to take measures to ensure the Christians’ safety.

Some Muslim groups and the Official Council of Swedish Jewish Communities continued to state they considered the law requiring stunning of and/or administration of anesthetics to animals prior to slaughter to conflict with their respective religious rituals.  The Muslim community remained divided over whether the requirement conformed to halal procedures.  The Jewish community reported the law effectively prevented the production of kosher meat.  Most halal and all kosher meat was imported.

In August the country’s labor court ruled in favor of a Muslim woman who had filed a complaint via the Discrimination Ombudsman of anti-Muslim discrimination in the workplace.  At a job interview in 2016, the woman refused to shake hands with a male supervisor, stating physical contact with nonfamily members of the opposite sex was contrary to her religious beliefs.  As a result, she said she was no longer considered for employment.  The labor court ruled the company violated her rights protected under Article 9 of the European Convention on Human Rights and ordered the company to pay her 40,000 kronor ($4,500).

There were multiple reports that representatives of the Sweden Democrats – the country’s third largest political party, which received 17.6 percent of the vote in the September parliamentary elections – made denigrating comments about religious minorities.

In response to criticism by Center Party leader Annie Loof for earlier comments he had made about minorities in the country, Sweden Democrats Member of Parliament (MP) and then-Second Deputy Speaker of Parliament Bjorn Soder repeated in an op-ed in the newspaper Dagens Industri in August his belief that there was a distinction between Jews and Swedes, because “the Sweden Democrats believe nationally recognized minorities should be exempted from our general goal of assimilation.”  Official Council of Swedish Jewish Communities Chairman Verstandig wrote in response in the same newspaper that the Sweden Democrats’ policies “would make Jewish life in Sweden practically impossible.  For example, the party wants to ban circumcision of newborn boys and make it illegal to import kosher meat.”  Political leaders, such as Prime Minister Stefan Lofven and Minister for Rural Affairs Sven-Erik Bucht, also condemned Soder’s comments.

On August 31, the newspaper Expressen stated a number of Sweden Democrats candidates in the September 9 general election had made anti-Semitic comments on social media.  Martin Sihlen, a candidate for the municipal government in Orkelljunga, questioned the number of persons killed in the Holocaust, referred to the “Jewish plague,” and wrote online that “Hitler did not lie about the Jews,” and “Hitler was not bad.”  Per Olsson, a candidate for the municipal government in Oskarshamn, shared an image of Anne Frank wearing a shirt reading “Coolest Jew in the Shower Room,” as well as a photograph of Adolf Hitler.  Raghu Jacobsen, a candidate for the municipal government in Stenungsund, wrote, “As long as the Rothschilds run the economy, and as such modern slavery on this planet, there will be anti-Semitism.”  He also shared an image stating, “What’s the difference between a cow and the Holocaust?  You can’t milk a cow for 70 years straight.”  The Sweden Democrats expelled the three candidates in response to media reports about their activities online, and none of them was elected.

According to a June 19 article in Expressen, Mikael Bystedt – a staffer for the Sweden Democrats in parliament, candidate for local and parliamentary elections, and deputy party chair in Taby – made anti-Muslim comments on social media.  He compiled a list of measures “to save Sweden” that included “destroying all traces of Islam, mosques, etc.,” “stopping all immigration of Muslims,” and “using military force and expulsion of all Muslims who object to this.”  In response to reports of arson attacks against mosques in London, Bystedt stated, “Damn good work!  Let us hope this spreads to Sweden like wildfire.”  The Sweden Democrats subsequently expelled Bystedt from the party, and he was not elected.

Chairman of the Official Council of Swedish Jewish Communities Verstandig said in September he was concerned by the gains the Sweden Democrats made in the September parliamentary elections.  He also described the nationalist right in the country as an indirect but palpable threat to the Jewish community and called on politicians to rein in neo-Nazis and their activities.

Members of other political parties also made negative remarks about religious minorities.  A Christian Democrats candidate for the local election in Sundbyberg, Erik Ivarsson, wrote on social media, “The Muslims are raping our nations.  Time to bring back the death sentence?” reported Expressen in July.  The Christian Democrats subsequently expelled Ivarsson, and party leader Ebba Busch Thor called his statement “completely unacceptable.”  Ivarsson was not elected.

Daniel Bystedt, a Liberal Party candidate for the local election in Linkoping, made a number of denigrating statements about Muslims and Islam on social media, according to a report by Expressen in July.  He wrote, “Islam is the greatest threat of our time.  The only solution is to send back every Muslim.  Our civilization will perish if we do not,” “Islam is a poison that is destroying our society,” “Any sound Swede dislikes everything connected to Islam,” and “I cannot understand how a woman can voluntarily become a Muslim.  It must be caused by some psychological disorder.”  Bystedt subsequently renounced his membership in the Liberal Party, and he was not elected.

Expressen reported in August there were ties between the Left Party and Grupp 194, an NGO based in the Skane region the report said spread anti-Semitic images online.  For example, the group posted a cartoon of a Jew drinking blood and eating a child.  The leader of Grupp 194 ran unsuccessfully as a Left Party candidate for parliament in the September general election, and Left Party leader Jonas Sjostedt spoke in at least two Grupp 194 events in 2012 and 2014.  The Left Party’s Skane branch responded to Expressen that “the party had no formal cooperation with Grupp 194, but some members of Grupp 194 were also active in the Left Party.  We both support a free Palestine and oppose anti-Semitism.”

In August Expressen also reported the municipality of Malmo gave Grupp 194 and two other NGOs 132,000 kronor ($14,800) from public funds in 2017 for a project to promote public safety on the city’s streets.  A city councilman for the Sweden Democrats, Nima Gholam Ali Pour, stated the municipal government should not have funded Grupp 194 because, among other things, it had spread anti-Semitic images.

During the campaign for the September elections, the Social Democratic Party, the Left Party, and the Sweden Democrats Party campaigned for a proposal to ban independent religious schools.  The Liberal Party advocated a prohibition on establishing new, or expanding existing, independent religious schools.  “We consider it a given that no student should be impacted by religion at school.  Every child should choose freely whether or not to have faith,” said Anna Ekstrom, Social Democratic Minister for High Schools on the party’s website.  “I grew up in a country in which religious influence and gender segregation were part of every school.  I will never accept that the oppression I and many others have fled finds its way into Sweden’s schools,” said Iranian-born Minister for Civil Affairs Ardalan Shekarabi, a Social Democrat, also on the party website.  Christian, Jewish, and Muslim leaders expressed concern about the proposals, arguing such measures would constitute an infringement on religious freedom.

On March 10, the government launched a nonbinding study to recommend, according to then-Minister of Education Gustaf Fridolin, new laws and regulations on religious activities in all schools, including independent religious schools.  The government instructed the civil servant authors of the study to present their results by May 31, 2019.

The Sweden Democrats continued to advocate local and national bans on the Muslim call to prayer.  After police in Vaxjo granted a mosque permission to conduct a call to prayer on Fridays, the party’s Vaxjo branch launched a petition for a referendum to ban the call to prayer in the municipality.  By year’s end, Vaxjo had not held the referendum and the mosque continued its call to prayer.  Sweden Democrats MP and Party Spokesperson for Justice Affairs Adam Marttinen stated in May “Not only will we appeal the decision to permit the call to prayer in Vaxjo, it should be made impossible in the entire country.”  In October Sweden Democrats MPs Richard Jomshof, Robert Stenkvist, and Carina Stahl Herrstedt introduced a bill in parliament to institute a national ban, which was defeated in committee.

Christian Democrats party leader Ebba Busch Thor and then-Member of the European Parliament Lars Adaktusson stated in an op-ed in Expressen on March 15 that “Regular and institutionalized [Islamic] calls to prayer are not compatible with our values.  …We can under no circumstances accept calls to prayer in Sweden.”  Official Council of Swedish Jewish Communities Chairman Verstandig and Catholic Cardinal Anders Arborelius separately criticized the Christian Democrats for opposing the Islamic call to prayer.

Sweden Democrats MP and Party Secretary Richard Jomshof introduced a bill in parliament in October that would prohibit circumcision of boys for nonmedical purposes.  “I ask myself how people can talk about freedom of religion while forcing a religious identity on the child, violating its integrity, and exposing the child to an irreversible procedure that causes lifelong harm,” Jomshof wrote in the bill.  Parliament defeated the bill in committee.

Jomshof introduced another bill in parliament in October that would ban “the use of Muslim veils in Swedish schools up to ninth grade, applicable to both teachers and students.”  He wrote in the bill that “the Muslim veil is an Islamic symbol of religious subservience and forced separation of men and women … [it] goes against everything our gender equal, democratic, and secular society stands for.”  Parliament defeated the bill in committee.

On June 25, the Gothenburg District Court convicted three men of “serious unlawful threats” and “inflicting gross damage” for throwing Molotov cocktails at a local synagogue in December 2017.  The court sentenced two of the men to two years in prison and the other one to 15 months.  The three were part of a larger group that threw the incendiary weapons but were the only ones authorities were able to identify.  The court ruled the incident a hate crime intended to “threaten, harm, and violate the Jewish people,” and handed down more severe sentences as a result.  Chairman of the Jewish congregation of Gothenburg Allan Stutzinsky welcomed the verdict, stating, “It was important that the case was tried and that we have a verdict written down from which others can learn.”

The three perpetrators of the attack on the synagogue were asylum seekers, two from Syria and one from the Palestinian Territories.  The district court ordered the Palestinian deported but judged Syria too unsafe to expel the two other men there.  On September 12, the Court of Appeal for Western Sweden cancelled the deportation of the Palestinian, arguing that “given Israel’s possible interest in the case and the uncertain situation… there is good reason to believe the basic human rights of [the perpetrator] would not be guaranteed should he be deported to Palestine.”  The Ambassador of Israel to Sweden, Ilan Ben-Dov, expressed his “deep concern” with the decision, arguing that it “excuses, and therefore legitimizes, the actions of a violent anti-Semite as acceptable political criticism by stating that his hostility is not towards Jews in general but due to his vengeful attitude towards Israel.”  In October the prosecutor-general appealed the decision not to extradite the Palestinian to the Supreme Court.  The Supreme Court agreed in late October to hear the case but had not done so by year’s end.

The SST continued to conduct a series of courses around the country open to all faiths, including religious groups not registered with the SST, aimed at strengthening the civil engagement capacity of minority religious communities and promoting interfaith cooperation.  New course topics included family law for religious leaders, female empowerment for minority women, and NGO management and accountability.  The SST also conducted interfaith scriptural reasoning courses, including sessions for women only, in which Jews, Christians, and Muslims read and discussed passages from their respective scriptures together.

The SST continued to fund, publish, and promote publications aimed at educating the public about religious minorities, including books on the history of Islam in the country and on the country’s Alawite, Alevi, Druze, Mandaean, and Yazidi communities.  In addition, the SST held lectures on denominations within Islam, targeted at academics and government officials.

The Media Council initiated a No Hate Speech Movement campaign, which included targeted efforts to stop anti-Semitic conspiracy theories by teaching youths to be critical of information posted online and by providing teachers with material to use in the classroom.  The government allocated five million kronor ($559,000) annually for 2018-20 to strengthen opportunities for study visits to Holocaust memorial sites, which allowed more students and teachers to visit them.  The government also said it would invest 15 million kronor ($1.68 million) on projects over three years to raise awareness about Nazi crimes against Jews and other groups.  “Nazism and racism are growing and spreading.  We are therefore launching this investment so that more youth can be equipped with knowledge to tackle the antidemocratic forces that are growing in Sweden,” then-Culture Minister Alice Bah Kuhnke said in a statement.

The government continued to fund the Living History Forum, a public authority “commissioned to work with issues related to tolerance, democracy, and human rights, using the Holocaust and other crimes against humanity as its starting point.”  The government allocated 46 million kronor ($5.15 million) to the forum, a more than threefold increase over the previous year, which provided lesson plans, books, and other resources for teachers.  Topics covered included anti-Semitism, Holocaust remembrance, ethnic and religious conflicts in the Balkans, and critical reading of history.

Schools continued to sponsor visits to Holocaust sites such as Auschwitz-Birkenau as educational tools.  Students participated in such trips regardless of religious background.  According to a study the Living History Forum released in June, 44,000 Swedes visited Auschwitz-Birkenau in 2017, the most on record.  The study concluded most of these visitors were likely students and other young people.  The Living History Forum provided education material and guidance for teachers to facilitate visits to Auschwitz-Birkenau and similar locations.

The SST distributed 82 million kronor ($9.17 million) in grants to 43 religious groups during the year for operating expenses, theological training, spiritual care in hospitals, building renovations, and refugee assistance.  In addition, the SST distributed funds for specific projects in response to grant requests, which different religious groups often carried out jointly.

The Swedish Agency for Youth and Civil Society (MUCF) provided grants to civil society organizations working to combat religious intolerance.  Grants included 925,000 kronor ($103,000) to the Jewish Youth Association for the project Ung Dialog, which fights anti-Semitism and anti-Muslim sentiments through interfaith dialogue.  MUCF also gave 2,728,375 kronor ($305,000) to the Expo Foundation to combat intolerance and racism, including religious intolerance.

Members of the Nordic Resistance Movement (NRM), widely described as a neo-Nazi group, ran as a political party in the general election in September.  The organization received 2,106 votes, or 0.03 percent, in the parliamentary elections and failed to gain any seats in local elections.  The organization carried out a large number of rallies and public meetings around the country.

Prime Minister Lofven commemorated the Holocaust in a speech in the Stockholm synagogue on January 27, Holocaust Remembrance Day.  In addition to condemning the Holocaust and present-day anti-Semitism and paying tribute to those killed, Lofven stated, “I want each and every one of you to know this:  Ensuring your safety – as well as your constitutional right to practice your religion, embrace your culture, be who you are, live openly, safely, and freely with your children and those you love – is the foremost task facing me and this country…Anti-Semitism will be fought using all the power of Swedish society.”

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

Although the government continued to collect statistics on hate crimes, it had not released figures for 2017 or 2018 by year’s end.  In past years authorities said most victims of hate crimes did not report them to police.

In February the online newspaper Varlden Idag reported two men attacked a man exiting a church service in Karlstad.  According to the newspaper’s sources, the victim was an Afghan man who had received death threats from fellow asylum seekers for converting to Christianity.  Police labeled the incident an assault and had made no arrests by year’s end.

Members of the NRM protested in front of the Sweden-Israel Friendship Association in Visby in July.  The NRM members pushed to the ground a woman representing the association and attempted to cover the Israeli flag with a banner.  The woman was not injured.

The Jewish community in Stockholm held a meeting in September that included an emergency briefing on the threats facing Jews in the country.

An imam based in Malmo reported in September that members of his congregation had been victims of verbal harassment, insults, and threats, including death threats, during the year.  The imam did not know whether victims had reported the incidents to the police.  He also stated unknown assailants broke windows at the congregation’s place of worship during the year.

An imam based in the Stockholm region reported in October that some Muslim women avoided wearing the hijab in public for fear of harassment.

A study published in June by Professor Mattias Gardell of Uppsala University titled “The Safety and Vulnerability of Mosques and Muslim Congregations 2018,” found many Muslim organizations had been subjected to threats and attacks against their property in 2017.  Of 106 Muslim congregations that responded to the survey, 52 percent said they had received threats, 45 percent said they had experienced at least one physical attack or vandalism, including the writing of graffiti, against mosques or other buildings they used, and 15 percent had been targets of more than 10 incidents.  For all years through the end of 2017, 60 percent of congregations reported being targeted at some point, and a quarter reported more than 10 incidents.  Arson or attempted arson constituted 18 percent of incidents, rock throwing 19 percent, broken windows 28 percent, and graffiti 31 percent.  In addition, two thirds of respondent organizations had received some form of threat, more than half of which involved threats of violence.  Fifty-two percent of congregations had received threats in 2017 alone.  The study concluded “the prevalence of attacks and threats against Muslim congregations may have contributed to the difficulties many of them face in finding a company willing to insure their buildings.”  A quarter of respondents, half of whom cited high prices and an unwillingness by insurance companies to provide them with services given the risk of arson and other types of attacks, stated their facilities lacked insurance.  Eighty-one percent of respondents agreed that “mosques and Muslim associations in Sweden face some form of threat.”

On two separate occasions, the first during the summer and the second on October 8, unknown assailants set on fire two houses in Lund belonging to Jewish residents, one of whom was a local politician.  No one was injured in either incident.  The politician reportedly had received threats in writing prior to the arson.  In a statement issued on October 10, the Official Council of Swedish Jewish Communities said the victims had both been active “in various Jewish contexts” and suffered harassment before the attacks.  The statement added, “There is a strong suspicion that these attacks are directed at these particular individuals because they are Jews.”  Minister for Culture and Democracy Alice Bah Kuhnke condemned the attacks and said the government would “continue to do everything in our power to protect those who are threatened.”

The Jewish association in Umea officially disbanded in May.  The association had closed its office in 2017 following repeated neo-Nazi threats and harassment and had failed to find a safe and suitable new location.  The former chairman of the association, Carinne Sjoberg, told public television broadcaster SVT, “There are too many threats against Jews in Umea, and our members have to think about their safety.”  Sjoberg said the association had reported several incidents to the police, but authorities had not made any arrests.

By year’s end police had arrested no suspects in the suspected 2017 arson of the Imam Ali Islamic Center in Jarfalla, the largest Shia mosque in the country.  A Shia leader reported harassment directed at his congregation during the year came primarily from far-right groups.

In October the newspaper Aftonbladet reported a senior physician at the public Karolinska University Hospital made anti-Semitic comments at work, posted anti-Semitic images on social media, and discriminated against Jewish colleagues, for example, by denying them opportunities to participate in medical conferences and to perform research and surgery.  The Simon Wiesenthal Center subsequently included the incidents and the hospital’s response on its list of the Top Ten Worst Anti-Semitic Incidents 2018.  “We are shocked by the lethargic response of Karolinska to the cancer of anti-Semitism.  So far, powerful bigots have been protected and life-saving Jewish physicians are left twisting in the winds of hate,” stated Rabbi Abraham Cooper of the Simon Wiesenthal Center.  In response to the allegations, the hospital hired a law firm to conduct an investigation; its report was scheduled for publication in early 2019.  The accused physician took a paid leave of absence and his supervisor resigned.

In December the European Union’s Agency for Fundamental Rights (EU-FRA) released its second survey of Jewish experiences and perceptions of anti-Semitism.  EU-FRA targeted Jewish populations through community organizations, Jewish media, and social networks; 1,193 individuals who identified themselves as Jewish residents of Sweden responded to the online survey.  Twenty-eight percent said they had witnessed other Jews being physically attacked, insulted, or harassed in the previous 12 months, and 30 percent reported being harassed over the same period.  Seventeen percent of respondents said they had felt discriminated against because of their religion or belief; 91 percent thought anti-Semitism had increased over the previous five years.

According to a poll conducted by pollster Novus on June 7-13, 61 percent of voters supported a ban on the Islamic call to prayer, 28 percent opposed it, and 11 percent were undecided.

On January 19 and March 21, an unidentified person painted swastikas on the Stockholm Grand Mosque.  On March 22, on its Facebook page, the congregation wrote, “We have been victim to these types of attacks, as well as more aggressive types of attacks, for many years.  Our members and visitors are worried and wonder why the government does not adopt a stricter tone against Islamophobia and hate crimes directed at Muslims.”  The youth wing of the Liberal Party arranged a demonstration of support for religious tolerance outside the mosque the day after the second attack.

In the context of an interfaith project in Malmo titled Amanah, Imam Salahuddin Barakat and Rabbi Moshe David HaCohen spoke to more than 1,000 students throughout the year about religious tolerance and conducted interfaith workshops to discuss religious texts and spiritual queries.  The Malmo municipality and the SST provided some funding for the project.

Legal Framework

The constitution prohibits discrimination on religious grounds and provides for the freedom of individuals to profess their religion or belief, individually or in community with others, without affecting their responsibilities under the law.  The constitution allows the government to restrict the exercise of religious beliefs outside of buildings or enclosed spaces to protect health, ensure traffic safety, and prevent disorder.

The law makes it a crime to engage in public speech that incites religious hatred and provides a penalty of imprisonment for up to two years, a fine of up to 8,100 euros ($9,300), or both.  To qualify as hate speech, statements must be directed at a group of persons; the law does not consider statements targeted at a philosophy or religion, such as “Islam” (as opposed to “Muslims,”) as criminal hate speech.

The law does not require religious groups to register with the government.  If the tax authorities determine the groups meet specific criteria, they grant them exemptions from all taxes, including income, value-added, and property taxes.  Under the tax law, to qualify for tax exemptions such groups must be “of a philosophical or religious nature,” contribute to the general welfare of society, and be nonprofit and nonviolent.

On June 26, the government approved a ban on full-face coverings in schools, hospitals, public transportation, and government buildings.  The government did not implement the ban during the year; it expected to do so in 2019 after agreeing on implementation procedures.  Individuals violating the law will first be asked to remove the face covering or leave the building.  Those refusing to cooperate may be fined 410 euros ($470).

The law permits employees to refuse to work on Sundays for religious reasons, but employers may deny employees such an exception depending on the nature of the work, such as employment in the health sector.  Members of religious communities for whom the Sabbath is not Sunday may request similar exemptions.

The Council of State and the Netherlands Institute for Human Rights (NIHR) are responsible for reviewing complaints of religious discrimination.  The Council of State is the highest administrative court in the country, and its rulings are binding.  The NIHR serves as the government’s independent human rights watchdog, responsible for advising the government and monitoring and highlighting such issues, including those pertaining to religion.  The NIHR hears complaints of religious discrimination, often involving labor disputes, and issues opinions that do not carry the force of law but with which the addressed parties tend to comply.

Local governments appoint antidiscrimination boards that work independently under the auspices of the Ministry of the Interior and Kingdom Relations.  These local boards provide information on how to report complaints and mediate disputes, including those pertaining to discrimination based on religion.  Acceptance of mediation decisions by parties involved in disputes is voluntary.

The government provides funding to religious schools, other religious educational institutions, and religious healthcare facilities.  To qualify for funding, institutions have to meet government educational standards as well as minimum class size and healthcare requirements.  The constitution stipulates that standards required of religious or ideology-based (termed “special”) schools, financed either in part or fully by the government, shall be regulated by law with due regard for the freedom of these schools to provide education according to their religion or ideology.

The constitution stipulates public education shall pay due respect to the individual’s religion or belief, and the law permits, but does not require, religious education in public schools.  Specialist teachers teach religion classes in public schools that offer them, and enrollment in these classes is optional.  All schools are required to familiarize students with the various religious movements in society, regardless of the school’s religious affiliation.  Religion-based schools, which are also government-funded, are free to shape religious education, as long as the education inspectorate agrees that such education does not incite criminal offenses.  Approximately 71 percent of government-funded schools have a religious, humanist, or philosophical basis.  The Ministry of Education, Culture, and Science is responsible for setting national curriculum standards that all schools must comply with and monitoring compliance.

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

Government Practices

Local governments continued to provide security to mosques and Islamic institutions, as required.  Separately, the national government continued to address security issues with representatives of the Muslim community, the National Coordinator for Security and Counterterrorism, and local authorities, through a special working group established in 2017.  Local governments, in consultation with the national government, also continued to provide security to all Jewish institutions.  The Foundation for Life and Welfare, an NGO that advised the Jewish community on security and protection, stated in its annual report in July that the Jewish community was exposed to substantial threats.  It emphasized the importance of maintaining rigorous security measures and expressed regret over the city of Amsterdam’s 2017 decision to replace manned police booths at Jewish institutions with camera surveillance.

Ron van der Wieken, president of the Central Jewish Council (CJO), which advocated for the rights and interests of the Jewish community in the country, said that when the CJO met in February with a government delegation that included Prime Minister Mark Rutte, it requested the establishment of a Dutch anti-Semitism coordinator.  At year’s end the government had not yet taken a position on whether to appoint such a coordinator.

Proponents of the law banning full-face coverings in schools, hospitals, public transportation, and government buildings, which included most political parties (132 out of 150 members of parliament voted in favor of it) argued the law had nothing to do with religion, and was necessary for individuals to integrate into an open democratic society.  Opponents, which included the D66 Party, the Green Party, and the DENK Party, stated the legislation targeted devout Muslim women and religious freedom and was largely symbolic, since the number of women wearing a niqab or burka in the country was very small.

Regional Muslim organizations, including SIOHR (the Alliance of Islamic Organizations in The Hague region), SMBZ (the Alliance of Mosque Boards in Brabant and Zeeland), and SPIOR (the Foundation Platform of Islamic Organizations in the Rotterdam Region) also protested the ban.  Authorities said they expected to begin enforcing the ban beginning in summer 2019 after coming to agreements on the logistics of enforcement with the leaders of sectors to which the ban applied.  The mayors of Amsterdam and Rotterdam said they would give no priority to enforcing the ban.

Freedom (PVV) Party leader Geert Wilders announced in May he would hold a Prophet Muhammad cartoon contest in November in his party’s offices in parliament.  The government, including National Coordinator for Security and Counterterrorism Dick Schoof, distanced itself from the event but said it was prepared to provide security in order to protect freedom of expression.  In August Prime Minister Rutte said the contest was “not respectful,” but the government “stands firmly by freedom of expression.”  He called it “a provocation.”  On August 27, police arrested a Pakistani man in The Hague after the man posted a video on Facebook stating he planned to attack the organizer of the cartoon contest or the parliament.  Shortly thereafter, Wilders cancelled the contest because of what he said were threats against him and others.  He stated the response to the contest had proven his point that Islam was violent and intolerant.

In March the PVV campaign produced a television commercial with the text reading, “Islam equals discrimination, violence, terror, misogyny, hatred of gays, hatred of Jews, hatred of Christians, subjugation, forced marriage, honor killing, totalitarianism, death of apostates, sharia, animal suffering, injustice, slavery, and is lethal.”  Several organizations, including the Council of Moroccan Mosques in the Netherlands, filed a complaint with police for inciting discrimination of, and violence against, Muslims.  On May 1, the prosecutor’s office announced the video did not constitute a criminal offense, as it was directed against a religion, and not against people, and did not incite discrimination or violence against Muslims.

In September Forum for Democracy (FVD) Party leader Thierry Baudet, whose party had two seats in parliament, stated in media interviews that Islam posed a threat to society.  He said “the radicalization of Muslims [was] increasing” and the construction and architecture of mosques in the country was intentionally provocative.  He also stated mosques were “a breeding ground for anti-Dutch sentiments and behavior,” Islamic schools were a problem, and Christianity was superior to Islam.

On February 14, the discrimination officer at the prosecutor’s office decided that a January statement by a local PVV politician, Henk van Deun, did not constitute hate speech or incitement to commit criminal offenses.  Van Deun said in a radio interview about a particular mosque, “We prefer if it was burned down, so to speak.  We are truly against mosques.  We do not recognize Islam as a religion.  It is an ideology.”

In its most recent report, covering 2017, the NGO Center for Information and Documentation on Israel (CIDI) reported half a dozen anti-Semitic statements by politicians from the DENK party and local Hague Unity Party.  In October 2017, CIDI said DENK had queried the cabinet about what it said was a slander campaign by the “Israeli lobby” against a minister married to a Palestinian.  At the same time, according to the CIDI report, DENK posted on Facebook a picture suggesting that Israel or Jews controlled politics in the country and alluding to the anti-Semitic forgery, “The Protocols of the Elders of Zion.”  In May CIDI filed a complaint with police against a tweet by Hague Unity Party council member Arnoud van Doorn saying, “May Allah destroy the Zionists.”

In September the prosecutor’s office said it had initiated an investigation into whether spokespersons for the Muslim NIDA and Unity Parties broke the law with anti-Semitic statements during a pro-Palestinian rally in Rotterdam in 2017.  The investigation continued at year’s end.

The government continued to monitor the foreign funding of Dutch mosques and Islamic institutions and said it was examining whether it was legally possible to obligate foreign countries or organizations to be transparent about their donations.

Spokespersons for Christian political parties such as the Political Calvinist Alliance (SGP) and Christian Democratic Appeal said political parties that were part of the secular majority in parliament regularly presented proposals to ban religion from public spaces and eliminate what it called privileges of religious communities, such as the right to conduct religious slaughter, tax advantages, and death notification services (when the government informs churches of the deaths of citizens.)  These proposals failed to gain sufficient support to move forward in parliament.  Representatives of religion-based parties in parliament, such as SGP leader Kees van der Staaij, stated in October that true democracy reflected respect for minorities, which included persons of religious belief.

On July 12, the Amsterdam District Court convicted Saleh Ali, a Palestinian refugee from Syria, of vandalism and theft and sentenced him to a six-week prison term.  It also ordered him to undergo treatment for post-traumatic stress disorder.  In December 2017, Ali waved a Palestinian flag and smashed the windows of a kosher restaurant in Amsterdam.  According to his attorney, he carried out the attack out of frustration over Israeli policy toward Palestinians and President Trump’s decision to move the U.S. embassy to Jerusalem.  Minister of Justice and Security Ferdinand Grapperhaus reacted to the attack by saying, “discrimination of population groups in whatever form … is unacceptable.”  According to The Times of Israel newspaper, Vice President of CJO and former head of CIDI Ronny Naftaniel said Ali’s sentence “does not constitute any deterrence” for those contemplating anti-Semitic crimes.  On social media, CIDI expressed concern that “someone who constitutes such a risk can walk about freely.”

Government ministers, including Prime Minister Rutte, regularly spoke out against anti-Semitism and anti-Muslim sentiment in speeches, such as at the annual Auschwitz and Kristallnacht commemorations.  At the National Holocaust Commemoration in Amsterdam on January 28, Rutte stated, “Contemporary anti-Semitism still frightens people.  There is always fear.  Not daring to go outside wearing a yarmulke, and the surveillance at synagogues, Jewish schools, and shops.  We must remain alert in the fight against the big evil that may always raise its head again.”  On April 13, Minister of Justice and Security Grapperhaus said in parliament, “There is no place in our society for anti-Semitism, Islamophobia, honor killings…inciting hatred and violence against those with different opinions and minorities.”

On September 11, two parliamentarians, Gert-Jan Segers (Christian Union Party) and Dilan Yesilgoz (People’s Party for Freedom and Democracy), organized a roundtable in parliament on anti-Semitism at which Jewish organizations highlighted proposals they believed would help combat anti-Semitism.  Proposals included explicit condemnation of anti-Semitic offenses by public officials, heavier penalties for hate crimes, adoption of the European working definition on anti-Semitism drafted by the International Holocaust Remembrance Alliance (IHRA), and Holocaust education initiatives.

In its annual report issued in April and covering 2017, the NIHR said that in November of that year the National Police had discriminated against a police officer by not allowing her to wear a headscarf with her uniform.  The police, Minister of Justice and Security Grapperhaus, and politicians from various political parties, however, stated police must convey a neutral and uniform image, and said  that was the basis for the ban on wearing any visible and recognizable sign of religion in combination with a uniform.  According to Grapperhaus, the National Police disregarded the NIHR’s finding and continued with a policy of not allowing personnel to wear headscarves.

According to several religious community leaders, the government continued its policy of not allowing religiously affiliated organizations to proselytize at asylum centers.  The government agency charged with overseeing asylum centers, the Central Body for Accommodating Asylum Seekers, again said it had instituted this policy to avoid inflaming tensions among different religious groups housed together in an already sensitive environment.  Some members of religious groups said they continued to have difficulty gaining access to the centers, even as volunteers.

In August Said Bouharrou, spokesman for the Council of Moroccan Mosques in the Netherlands, said the government had not properly communicated the stricter requirements on ritual slaughter that it introduced in 2017, and thereby caused significant unrest within the Muslim community.  Richard de Mooij, spokesman for the Association of Slaughterhouses, said the new rules were not unclear, but the procedure had become more cumbersome due to the requirement of having a veterinarian present.  According to attorney Herman Loonstein, who represented the only kosher butcher in the country, the stricter rules created some initial problems, but they were resolved after consultations between the communities and the local authorities.

PVV leader Wilders presented draft legislation on September 19 to close mosques and schools teaching Islamic ideology, and to ban the Quran and the wearing of a burqa or niqab in public.  The bill proposed substantial financial penalties.  Wilders tweeted “Islam is no religion but an ideology – totalitarian-like fascism.  Let us treat Islam as such and not grant it constitutional protection anymore.”  Other parties did not support the bill, and at year’s end parliament had not taken it up for debate.

Wilders unsuccessfully tried in the spring and fall to void his December 2016 court conviction for inciting discrimination and making insulting racial remarks about Moroccans at a 2014 rally.  Wilders argued that the 2016 trial was politically motivated and that his statements were protected free speech.  The court did not void the conviction, and Wilders’ formal appeal was scheduled to proceed in spring 2019.

Following the release of a 2017 government report stating that Salafist organizations were growing in the country and promoting intolerance towards others, the government issued a policy paper in October citing its commitment to religious freedom for the wide variety of religious communities in the country.  The policy paper stated Dutch society had room for “a huge diversity of [religious] doctrines, opinions, and value systems,” but that within the Salafist movement there were those who promoted intolerance, incited hatred, and rejected government authority.  The paper added that religious freedom had limits, and that, while the government did not interfere with religious aspirations, “it must act against those who aim to limit the freedom of people with different views.”

On February 8, Prime Minister Rutte, three deputy prime ministers, Minister of Justice Grapperhaus, and security officials met with the Jewish community to discuss matters of concern, such as security, anti-Semitism, and ritual slaughter.  The CJO, Netherlands-Jewish Congregation, Netherlands Alliance of Progressive Judaism, Contact Body for Jews, Christians and Muslims, and CIDI attended the meeting.  The mayors and responsible aldermen in the larger cities, such as Amsterdam, Rotterdam, and The Hague, also met with the Jewish community to discuss security issues and other topics of interest to the Jewish community.  These city governments supported a range of projects, such as educational projects to teach primary schoolchildren about the Holocaust and to counter prejudice about Jews.  Amsterdam, with the largest Jewish population in the country, was particularly active in such programming and sponsored visits of school children to the Westerbork Holocaust commemoration center.

On April 26, the government presented the annual update of its National Action Plan against Discrimination, which included specific measures to counter anti-Semitism and anti-Islamic sentiment.  Among the government-funded projects the report cited were several to train teachers to deal with such issues.  The University of Amsterdam developed teaching material to address current and historical relations between Jews and Muslims.  Other programs trained leading figures from the Jewish and Muslim communities to serve as constructive societal leaders and encouraged interfaith dialogue through a project titled Building Bridges, which established local networks of persons from different religious communities.  In April the government presented a comprehensive manual for local governments on developing a local antidiscrimination policy, including religiously motivated discrimination.

In May the government appropriated two million euros ($2.29 million) of additional funding to expand two sites located at former concentration camps in Amersfoort and Vught currently used for Holocaust education programs for schoolchildren.  The camps received growing numbers of visitors, including many school classes.  “It is good that these sites keep the memories alive and that stories are not forgotten,” State Secretary for Health, Welfare, and Sport Paul Blokhuis said regarding Holocaust remembrance.

Also as part of the action plan, the government continued to work with the Royal Netherlands Soccer Association, local authorities, police officials, the prosecutor’s office, soccer clubs, and the Anne Frank Foundation NGO on ways to counter anti-Semitic chanting, salutes, and other behavior directed against religious groups during soccer matches.  According to the plan, as soon as anti-Semitic chanting occurred, soccer clubs asked supporters to stop immediately.  If they did not, the clubs suspended the match.  Participants agreed on measures to prosecute offenders or ban them from stadiums.  With government funding, the Anne Frank Foundation organized government-sponsored projects such as the “Fan Coach” project that sought to counter anti-Semitic chanting by educating soccer fans on why their actions were anti-Semitic.  Another Anne Frank Foundation initiative, the “Fair Play” project, promoted discussion about countering discrimination, including religious discrimination.

Among the elements of the action plan designed to counter discrimination against Muslims were projects examining how to better enable reporting of discrimination complaints against Muslims, and improve security at mosques.  As part of this effort, authorities conducted regional meetings in which representatives of local governments, police, antidiscrimination bureaus, and Muslim communities discussed ways to improve collaboration.  Representatives of the Muslim community, National Coordinator for Counterterrorism and Security, national government, local authorities, and police together drafted the Safe Mosque Manual, containing information, recommendations, and best practices for mosques, local authorities, and the police on how to deal together with concrete tension and incidents around mosques.

In the run-up to the March local elections, all major political parties except the DENK and Bij1 Parties, which had a significant number of migrant members, signed an accord in which they pledged to protect the Jewish community in Amsterdam.  The signatories to the accord offered support and guidance to schools and teachers that had trouble discussing the Holocaust in the classroom.  As a part of the accord, the city of Amsterdam added programs to its existing Holocaust education curriculum for schoolchildren.

In March CIDI called on the government to pay specific attention to anti-Semitism in efforts to combat discrimination; adopt the working definition on anti-Semitism of the IHRA; monitor anti-Semitism on social media; issue heavier penalties for anti-Semitic crimes of violence; make anti-Semitism part of the government’s integration and radicalization policy; bar foreign terrorist fighters from the country; and improve Holocaust education at all schools.

In late November a majority of parliamentarians supported a nonbinding motion to adopt the IHRA’s definition of anti-Semitism, per the European Parliament’s 2017 call to EU member states.  Foreign Minister Stef Blok stated the government accepted the IHRA definition, although it was not legally bound by it.  On December 12, parliamentarians expressed concern over the findings of a survey by the EU’s Agency for Fundamental Rights (EU-FRA) that Jews perceived anti-Semitism to be on the rise in Europe and the Netherlands.  GreenLeft Party Parliamentarian Kathalijne Buitenweg said she would call Minister of Justice and Security Grapperhaus to parliament to inquire what was being done to counter anti-Semitism.

The government continued to require asylum seekers seeking to obtain a residence permit to sign a statement of participation in civic integration.  The statement informed immigrants of their rights and obligations and of fundamental values, including freedom of religion.

The government continued to require imams and other spiritual leaders recruited from abroad to complete a course on integrating into Dutch society before preaching in the country.  This requirement did not apply to clergy from EU countries, or to approximately 140 Turkish imams appointed by Turkey’s Religious Affairs Directorate.  The government also sponsored leadership courses intended to facilitate imam training in Dutch, free of foreign influence.

The government is a member of the IHRA.

There were reports of violence, threats, discrimination, verbal abuse, and vandalism against Muslims and Jews.  Agencies collecting data on such incidents stated many occurrences went unreported.  Because religion and ethnicity are often closely linked, it was difficult to categorize many incidents as being solely based on religious identity.

On August 31, an Afghan man stabbed two persons at Amsterdam Central Station.  The suspect told police he believed the Dutch had insulted the Prophet Muhammad, Islam, and the Quran.  He cited PVV leader and opposition parliamentarian Geert Wilders as a motivating factor.

CIDI reported 113 anti-Semitic incidents in 2017, the most recent year for which data were available, compared with 109 in the previous year.  These included four physical assaults, 28 incidents of vandalism, 24 incidents of hate speech on the internet, four violent incidents, and 18 incidents of cursing.  In one incident, two Israeli tourists who, according t