Legal Framework

The constitution provides for the free exercise of all religions as long as that exercise does not contravene other laws or public order. The same article of the constitution prohibits religious leaders from holding public office or making political statements. Religious organizations may register as legal entities classified as religious associations. Organizations seeking status as a legal entity must apply to the Secretariat of Governance, Justice, and Decentralization – describing their internal organization, bylaws, and goals. Approved organizations must submit annual financial and activity reports to the government to remain registered. They may apply to the Ministry of Finance to receive benefits, such as tax exemptions and customs duty waivers. Unregistered religious organizations are unable to obtain tax-exempt status or other benefits.

The constitution states public education is secular and allows for the establishment of private schools, including schools run by religious organizations. Public schools do not teach religion; however, private schools may include religion as part of the curriculum. Various religious organizations run schools, including the Roman Catholic Church, Seventh-day Adventist Church, and evangelical Protestant churches. Parents have the right to choose the kind of education their children receive, including religious education. The government dictates a minimum standardized curriculum for all schools. Some private religiously affiliated schools require participation in religious events to graduate.

The government is a party to the Ibero-American Convention on Young People’s Rights, which recognizes the right to conscientious objection to obligatory military service, including for religious reasons.

The government requires foreign missionaries to obtain entry and residence permits and mandates a local institution or individual sponsor a missionary’s application for residency and submit it to immigration authorities. The government has agreements with the CEH, the Church of Jesus Christ, and Seventh-day Adventists, among others, to facilitate entry and residence permits for their missionaries. Groups with which the government does not have written agreements are required to provide proof of employment and income for their missionaries.

Foreign religious workers may request residency for up to five years. To renew their residence permits, religious workers must submit proof of continued employment with the sponsoring religious group at least 30 days before their residency expires. According to the immigration law, individuals who “fraudulently exercise their religious profession or office or commit fraud against the health or religious beliefs of citizens of the country, or the national patrimony,” may be fined or face other legal consequences.

The criminal code protects clergy authorized to operate in the country from being required by the court or the Attorney General’s Office to testify about privileged information obtained in confidence during a religious confession. The law does not require vicars, bishops, and archbishops of the Roman Catholic Church and comparably ranked individuals from other legally recognized religious groups to appear in court if subpoenaed. They are required, however, to make a statement at a location of their choosing.

The official regulations for the penal system state that penitentiaries guarantee the free exercise of religion without preference for one specific religion, as long as that worship is not against the law or public order. Prisoners have access to religious counseling from leaders of their faith.

The government authorizes clergy from all religions to conduct marriage ceremonies. The government legally recognizes only civil marriages conducted with a lawyer authorized to perform marriage ceremonies. Most couples complete the civil ceremony before the religious one.

The official work week is Monday to Saturday, with no exceptions for religious groups that celebrate Saturday as a religious holiday or day of rest.

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

Government Practices

Some religious organizations, including the FIH, said the government continued to give preference to the Roman Catholic Church and to religious groups belonging to the evangelical Protestant umbrella organization CEH. The FIH again stated the government routinely invited Roman Catholic and evangelical Protestant leaders, but not representatives from other religious groups, to lead prayers at government events and to participate in official functions, committees, and other joint government-civil society activities.

The official NGO registry office – the Directorate of Regulation, Registration, and Monitoring of Civil Associations (DRRSAC) – is located within the Secretariat of Governance, Justice, and Decentralization. At year’s end, the DRRSAC registered 120 religious associations, compared with 133 in 2018. According to the DRRSAC, it did not deny any registration requests by religious associations during the year.

In August Muslim leaders reported members of their community regularly encountered unnecessary bureaucratic and discriminatory barriers when requesting basic governmental services or permits. These leaders cited the challenges a Muslim group faced when trying to secure a municipal permit for a public humanitarian event on gender-based violence in the town of La Esperanza, Intibuca Department.

Representatives of CONADEH stated they had not received recent complaints alleging violations of religious freedom but said they would remain vigilant.

According to media reports, in April the Secretariat of Governance, Justice, and Decentralization announced the appointment of Rabbi Aaron Lankry, a member of Chabad and a noncitizen, as “Chief Rabbi of Honduras.” A representative of the secretariat later stated that Lankry had registered an NGO.

Representatives of the Seventh-day Adventist Church continued to express concerns regarding religious freedom at schools and other private and public institutions; they said students had problems obtaining permission to be absent from class or excused from taking exams on Saturdays. Seventh-day Adventist representatives said some of their members faced continued discrimination when applying for or retaining jobs because their religious beliefs did not permit them to work on Saturdays. They again noted the Supreme Court had not addressed a constitutional challenge that Adventist students filed in 2015 seeking alternatives to taking classes or exams on Saturdays.