An official website of the United States Government Here's how you know

Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Afghanistan

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the beliefs and provisions of the “sacred religion of Islam.”  It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam.  According to the constitution, followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law.”  The penal code, enacted in February, outlines provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion.  An article in the new penal code specifies what constitutes an insult to religion, stating, “A person who intentionally insults a religion or disrupts its rites or destroys its permitted places of worship shall be deemed as a perpetrator of the crime of insulting religions and shall be punished according to provisions of this chapter.”

Another article of the penal code states persons who forcibly stop the conduct of rituals of any religion, destroy or damage “permitted places of worship” (a term not defined by the code) where religious rituals are conducted, or destroy or damage any sign or symbol of any religion are subject to imprisonment of three months to one year or a fine ranging from 30,000 afghanis to 60,000 afghanis ($400 to $800).  In cases where murder or physical injury result from the disturbance of religious rites or ceremonies, the perpetrator will be tried according to crimes of murder and physical injury as defined by law.

The new penal code also specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years.

While the crime of blasphemy of Islam, also known as apostasy, is not specifically provided for under the penal code, it falls under the seven offenses making up the hudood as defined by sharia law.  According to the penal code, perpetrators of hudood will be punished according to Hanafi jurisprudence.  According to Sunni Hanafi jurisprudence, which the constitution states shall apply “if there is no provision in the constitution or other laws about a case,” beheading is appropriate for male apostates, while life imprisonment is appropriate for female apostates, unless the individual repents.  A judge may also impose a lesser penalty, such as short-term imprisonment or lashes, if doubt about the apostasy exists.  Under Hanafi jurisprudence, the government may also confiscate the property of apostates or prevent apostates from inheriting property.  This guidance applies to individuals who are of sound mind and have reached the age of maturity.  Civil law states the age of majority for citizens is 18, although it is 16 for females with regard to marriage.  Islamic law defines it as the point at which one shows signs of puberty.

Conversion from Islam to another religion is apostasy according to the Hanafi school of jurisprudence applicable in the courts.  If someone converts to another religion from Islam, he or she shall have three days to recant the conversion.  If the person does not recant, then he or she shall be subject to the punishment for apostasy.  Proselytizing to try to convert individuals from Islam to another religion is also illegal according to the Hanafi school of jurisprudence, which is applied in the courts and subject to the same punishment.

Blasphemy, which may include anti-Islamic writings or speech, is a capital crime according to the Hanafi school.  Accused blasphemers, like apostates, have three days to recant or face death, although there is no clear process for recanting under sharia.  Some hadiths (sayings or traditions that serve as a source of Islamic law or guidance) suggest discussion and negotiation with an apostate to encourage the apostate to recant.

According to a 2007 ruling from the General Directorate of Fatwas and Accounts under the Supreme Court, the Baha’i Faith is distinct from Islam and is a form of blasphemy.  All Muslims who convert to it are considered apostates; Baha’is are labeled infidels.

Licensing and registration of religious groups are not required.  Registration as a group (which gives the group the status of a council, known as a shura) or an association conveys official recognition and the benefit of government provision of facilities for seminars and conferences.  By law, anyone who is 18 years of age or older may establish a social or political organization.  Such an entity must have a charter consistent with domestic laws as well as a central office.  Both groups and associations may register with the Ministry of Justice.  The ministry may dissolve such organizations through a judicial order.  Groups recognized as shuras (councils) may cooperate with one another on religious issues.  Associations may conduct business with the government or the society as a whole. 

A mass media law prohibits the production, reproduction, printing, and publishing of works and materials contrary to the principles of Islam or offensive to other religions and denominations.  It also prohibits publicizing and promoting religions other than Islam and bans articles on any topic the government deems might harm the physical, spiritual, and moral wellbeing of persons, especially children and adolescents.  The law instructs National Radio and Television Afghanistan, a government agency, to provide broadcasting content reflecting the religious beliefs of all ethnic groups in the country.  The law also obligates the agency to adjust its programs in light of Islamic principles as well as national and spiritual values.

According to the constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture as well as academic principles” and develop courses on religion based on the “Islamic sects” in the country.  The national curriculum includes materials designed separately for Sunni-majority schools and Shia-majority schools, as well as textbooks that emphasize nonviolent Islamic terms and principles.  The curriculum includes courses on Islam, but not on other religions.  Non-Muslims are not required to study Islam in public schools.

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

The civil and penal codes derive their authority from the constitution.  The constitution stipulates the courts shall apply constitutional provisions as well as the law in ruling on cases.  For instances in which neither the constitution nor the penal or civil code address a specific case, the constitution declares the courts may apply Hanafi Sunni jurisprudence within the limits set by the constitution to attain justice.  The constitution also allows courts to apply Shia law in cases involving Shia followers.  Non-Muslims may not provide testimony in matters requiring sharia jurisprudence.  The constitution makes no mention of separate laws applying to non-Muslims.

A Muslim man may marry a non-Muslim woman, but the woman must first convert if she is not an adherent of one of the other two Abrahamic faiths – Christianity or Judaism.  It is illegal for a Muslim woman to marry a non-Muslim man.

The government’s national identity cards indicate an individual’s religion, as well as nationality, tribe, and ethnicity.  Individuals are not required to declare belief in Islam to receive citizenship.

The constitution requires the president and two vice presidents to be Muslim.  Other senior officials (ministers, members of parliament, judges) must swear allegiance and obedience to the principles of Islam as part of their oath of office.

The constitution allows the formation of political parties, provided the program and charter of a party are “not contrary to the principles of the sacred religion of Islam.”  The constitution states political parties may not be based on sectarianism.

The law, pursuant to a 2016 presidential decree, mandates an additional seat in parliament’s lower house be reserved for a member of the Hindu and Sikh community.  Four seats in the parliament are also reserved for Ismaili Muslims.

The Ministry of Hajj and Religious Affairs (MOHRA) remained responsible for managing Hajj and Umrah pilgrimages, revenue collection for religious activities, acquisition of property for religious purposes, issuance of fatwas, educational testing of imams, sermon preparation and distribution for government-supported mosques, and raising public awareness of religious issues.  During the year, MOHRA restructured its bureaucracy to establish an office dedicated to assisting the faith practices of religious minorities, specifically Sikhs and Hindus.

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

Government Practices

Media reported members of the Shia community continued to state the government did not provide them with adequate protection from attacks by nonstate actors.  In response to these attacks, in September President Ashraf Ghani announced a plan to divide Kabul into four security zones, creating a security zone in the Dasht-e Barchi area similar to the one that protects embassies and international organizations in central Kabul and increasing the ANDSF presence there.  President Ghani also announced plans for the Kabul Municipality and Capital Zone Development Authority to implement development projects in the area, including road construction.  Representatives from the predominantly Shia Hazara community, however, said these were insufficient, symbolic measures from the government.  The Ministry of Interior again increased security around Shia mosques and authorized the arming of Shia civilians, under police authority, to provide extra security for Ashura.  There were no reports of violence during Ashura processions – a sharp contrast from recent years.  On September 18, media reported the government had prevented attacks by arresting 26 ISKP militants in Kabul suspected of planning attacks on Ashura.

As in the previous four years, there were no reports of government prosecutions for blasphemy or apostasy during the year; however, individuals converting from Islam reported they continued to risk annulment of their marriages, rejection by their families and communities, loss of employment, and possibly the death penalty.  Baha’is continued to be labeled as “infidels,” although they were not considered converts; as such, they were not charged with either crime.

The government again allowed both Sunnis and Shia to go on pilgrimages, with no quota on either group.  It charged fees for Hajj participants to cover transportation, food, accommodation, and other expenses.  MOHRA also continued to facilitate pilgrimages for Hindus and Sikhs to India, but it did not collect any revenue for or from non-Muslims.  Ahmadi Muslims reported they chose not to interact with MOHRA because they feared MOHRA would deem them non-Muslims and forbid them from participating in the Hajj.

MOHRA reported that of the approximately 120,000 mullahs in the country, 6,000 registered mullahs were working directly for MOHRA at year’s end, an increase from 4,589 in 2017.  Government officials said the ministry was able to hire additional clerics under the year’s budget due to the implementation of new procedures and a new payroll system.  These mullahs continued to receive an average monthly salary of 12,000 afghanis ($160) from the government.  For highly educated mullahs of central mosques delivering special Friday sermons or khatibs, MOHRA provided a salary of 14,000 afghanis ($190).  Mullahs applying to be prayer leaders in MOHRA-registered mosques continued to have to hold at least a high school diploma, although a bachelor’s degree or equivalent verified by the Ministry of Higher Education was preferred.  MOHRA reported approximately 66,000 of the estimated 160,000 mosques in the country were registered.  According to MOHRA, the ministry lacked the financial resources to create a comprehensive registry of mullahs and mosques in the country.

MOHRA reported it continued to allocate a portion of its budget for the construction of new mosques, although local groups remained the source of most of the funds for the new mosques.  Unless the local groups requested financial or other assistance from the ministry, they were not required to inform the ministry about the new construction.

Hindu and Sikh groups again reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy, but per the law against conversion of Muslims, the government continued not to allow them to proselytize.  Hindu and Sikh community members said they continued to avoid pursuing land disputes through the courts due to fear of retaliation, especially if powerful local leaders occupied their property.

Although the government provided land to use as cremation sites, Sikh leaders stated the distance from any major urban area and the lack of security in the region continued to make the land unusable.  Hindus and Sikhs reported continued interference in their efforts to cremate the remains of their dead from individuals who lived near the cremation sites.  In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals.  The government promised to construct modern crematories for the Sikh and Hindu populations.  Sikh and Hindu community leaders said President Ghani reaffirmed this promise in an August 2017 meeting, but as of the end of the year, the government had not taken action.  Despite these challenges, community leaders acknowledged new efforts by MOHRA to provide free water, electricity, and repair services for a few Sikh and Hindu temples, as well as facilitate visas for religious trips to India.

MOHRA reported there were 4,500 registered madrassahs and “Quran learning centers” throughout the country, up from 4,093 in 2017.  The government reported that approximately 50,000 mosques were registered with the ministry.  The government registered some additional madrassahs during the year but did not report how many.  More than 300,000 students were enrolled in madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to the latest available estimate.

The registration process for madrassahs continued to require a school to demonstrate it had suitable buildings, classrooms, accredited teachers, and dormitories if students lived on campus.  MOHRA continued to register madrassahs collocated with mosques, while the MOE continued to register madrassahs not associated with mosques.  In MOHRA-run madrassahs, students received individual instruction, with one imam teaching approximately 50 to 70 children studying at various levels.  Only certificates issued by registered madrassahs allowed students to pursue higher education at government universities.

MOHRA could not estimate the number of unregistered madrassahs but stated it was likely unregistered madrassahs “far outnumbered” registered madrassahs.  The MOE was authorized to close unregistered madrassahs, but ministry officials again said it remained nearly impossible to close any due to local sensitivities.  According to ministry officials, some madrassahs were closed in conflict areas during the year, but not out of concern for potential negative societal repercussions.  Ministry officials said the government continued its efforts to raise awareness of the benefits of registering madrassahs, including recognition of graduation certificates and financial and material assistance, such as furniture or stationery.  Government officials said they were concerned about their inability to supervise unregistered madrassas that could institute violent extremist curriculum intolerant of religious minorities and become recruitment centers for antigovernment groups.

Mosques continued to handle primary-level religious studies.  Eighty MOE-registered madrassahs offered two-year degree programs at the secondary level.  An estimated 1,200 public madrassahs were registered with the MOE.

Ulema Council members continued to receive financial support from the state, although it officially remained independent from the government.  The council also provided advice to some provincial governments; however, according to scholars and NGOs, most legal decision making in villages and rural areas continued to be based on local interpretations of Islamic law and tradition.  President Ghani and Chief Executive Abdullah Abdullah included messages in support of religious tolerance in speeches invoking national unity and in meetings with minority religious groups.  For example, on September 19, media reported that President Ghani had stated the ongoing war was against the “national unity and religious freedom” of the country.  President Ghani and Chief Executive Abdullah also held meetings with Ulema Council members on promoting intrafaith tolerance and “moderate practices” of Islam.

Minority religious groups reported the courts continued not to apply the protections provided to those groups by law, and the courts denied non-Muslims the access to the courts or other legal redress as Muslims, even when the non-Muslims were legally entitled to those same rights.

According to media reports and representatives from non-Muslim religious minorities, some members of these communities, such as Sikhs and Hindus, were told they did not have equal rights because they were “Indians,” not Afghans, even when they were citizens of the country.  Members of minority religious communities reported the state, including the courts, treated all citizens as if they were Muslims, and some basic citizenship rights of non-Muslims remained uncodified.  They said the result was non-Muslims continued to risk being tried according to Hanafi jurisprudence.

Sikhs and Hindus continued to report their community members avoided taking civil cases to court because they believed they were unprotected by dispute resolution mechanisms such as the Special Land and Property Court.  Instead, their members continued to settle disputes within their communities.

Leaders of both Hindu and Sikh communities continued to state they faced discrimination in the judicial system, including long delays in resolving cases, particularly regarding the continued appropriation of Sikh properties.  Hindu and Sikh community leaders said they had pending court cases of land seized by municipal authorities and warlords from four years ago.  Whenever community advocates reproached the court, government officials said their cases remained under review.

Although some Shia continued to hold senior positions in the government such as Second Vice President Sarwar Danesh, High Peace Council Chairman Karim Khalili, and then Second Chief Executive Deputy Mohammad Mohaqeq, Shia leaders continued to state the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics.  Sunni members of the Ulema Council continued to state, however, that Shia remained overrepresented in government based on Sunni estimates of the percentage of Shia in the population.  Observers said these debates were often about the predominantly Hazara ethnicity of the majority of the country’s Shia rather than about religion.

A small number of Sikhs and Hindus continued to serve in government positions, including one at the municipal level, one at the Chamber of Commerce and Industries, one as a presidentially appointed member of the upper house of parliament, and one as an elected member in the lower house.  After the only Sikh candidate, Awtar Singh Khalsa, for lower house parliament elections was killed in a July 1 suicide attack in Jalalabad, Nangarhar Province, the IEC granted an extension on July 5 for the registration for a Sikh candidate to run in parliamentary elections in October.

Although four Ismaili Muslims remained members of parliament, Ismaili community leaders continued to report concerns about what they called the exclusion of Ismailis from other positions of political authority.

The government continued to support the efforts of judicial, constitutional, and human rights commissions composed of members of different Islamic religious groups (Sunni and Shia) to promote Muslim intrafaith reconciliation.  The Ministry of Women’s Affairs and MOHRA continued working toward their stated goal of gaining nationwide acceptance of the practice of allowing women to attend mosques.  The Ulema Council, the Islamic Brotherhood Council, and MOHRA also continued their work on intrafaith reconciliation.  Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.

On June 4, the Ulema Council convened approximately 3,000 religious scholars at the Loya Jirga tent in Kabul to issue a propeace fatwa.  Although the religious scholars said the effort was more of a symbolic attempt to challenge the religious legitimacy of “holy war” invoked by violent extremist groups, including the Taliban and ISKP, they said the fatwa included principles of religious tolerance.  The scholars stated, “Divisions among Muslims based on language, tribe, or sect are against Islam” and that “those who cause such division should be punished.”  This included all forms of intra-Muslim violence, including through suicide attacks.

The ONSC continued its work on addressing religiously motivated violent extremism, which included policies to foster religious tolerance.  The ONSC continued to sponsor provincial-level conferences on religiously motivated violent extremism to collect data for use in its effort to develop a strategy to counter violent extremism.  The ONSC also continued to coordinate the efforts of relevant government institutions and NGOs to formulate the strategy through an interministerial working group.  Government officials said the strategy had reached the final stages of review during the year.

Abuses by Foreign Forces and Nonstate Actors

According to journalists, local observers, and UNAMA, attacks by the ISKP and other insurgent groups continued to target specific religious and ethnoreligious groups, including the Hazara Shia.  UNAMA’s 2018 report on civilian deaths documented attacks targeting places of worship, religious leaders, and worshippers, recording 22 attacks causing 453 civilian casualties (156 deaths and 297 injured).  UNAMA attributed all attacks to antigovernment elements; the ISKP committed the vast majority of attacks.  Suicide attacks were the main cause of casualties, killing 136 civilians and injuring 266, representing a 118 per cent increase in casualties compared with 2017.  In addition to suicide attacks, UNAMA documented 35 civilian casualties (15 deaths and 20 injured) from targeted killings of religious leaders and worshippers.

UNAMA continued to report high levels of ISKP-directed, sectarian-motivated violence targeting the Shia Muslim, mostly ethnic Hazara, population.  During the year, it documented 19 incidents of sectarian-motivated violence against Shia Muslims resulting in 747 civilian casualties (223 deaths and 524 injured), a 34 percent increase in civilian casualties from such attacks compared with 2017.

The ISKP claimed responsibility for the September 6 twin-suicide attack on a sports club in Western Kabul that killed close to 150 individuals, the vast majority of them members of the Shia Hazara community.

Attacks on Shia mosques for which the ISKP claimed responsibility included a March 21 suicide attack on a Shia shrine in Kabul during a Nowruz celebration, killing 31 and wounding 65, and an August 3 suicide bomb attack on a Shia mosque in Gardez, Paktiya Province, killing 33 persons and injuring 94 during Friday prayers.

According to media reports, antigovernment forces also targeted Sunni mosques.  On May 6, an IED exploded in the Sunni Yaqubi Mosque in the Khost provincial center used as a voter registration center for the October parliamentary elections, killing at least 19 civilians, and injuring 32 others.  No group claimed responsibility for the attack; religious scholars noted the Taliban appeared to avoid attacks against Sunni mosques or refrain from claiming responsibility for them.

ISKP attacks targeting Shia continued to extend outside of mosques.  On April 22, a suicide attacker self-detonated outside of a national identity card (tazkira) distribution center in Kabul, killing 60 civilians and injuring 138 others, mostly women and children.  The predominantly Shia Hazara area in Kabul, Dasht-e Barchi, witnessed several suicide attacks targeting mosques, schools, and government offices, killing and injuring a large number of civilians.  The ISKP claimed responsibility for the majority of these attacks, which deliberately targeted the Shia community.  For example, on August 15, a suicide attack targeted students at an educational center in the Dasht-e Barchi area, killing more than 50 and injuring an estimated 70 individuals, mostly students.  An attack on a gym in the same area on September 5 killed more than 25 civilians and injured approximately 100.

The ISKP also claimed responsibility for a suicide bombing outside the tent of a June 4 Ulema Council conference, where close to 3,000 religious scholars gathered to issue a fatwa condemning intra-Muslim violence, killing 14 and injuring at least 20.

On November 20, a suicide bombing at a wedding hall in Kabul killed at least 50 individuals and injured dozens more.  According to a government official, the attack was one of more deadly attacks in Kabul during the year, targeting a gathering of religious scholars.  No group claimed responsibility for the attack.

The Taliban continued to kill and threaten religious leaders with death for preaching messages contrary to the Taliban’s interpretation of Islam or its political agenda.  On May 26, the Taliban killed a prominent religious scholar in Bati Kot District, Nangarhar Province, whom it accused of spying for the government.  On June 5, local authorities said the Taliban killed a prominent religious scholar in Kandahar City.

In several cases, the responsibility for attacks on religious officials was unclear.  In these cases, although no individual or group claimed responsibility for the attacks, local authorities suspected the ISKP and less frequently, the Taliban were responsible.  On April 29, an IED explosion near a Sunni mosque killed five civilians in Jalalabad City, Nangarhar Province.  On June 6, armed men opened fire in a Sunni mosque during prayers, killing four civilians and injuring five others in Mandozai District, Khost Province.  No group claimed responsibility for the attack.  On November 24 in Kabul, two unidentified gunmen on a motorcycle killed Mawlawi Abdul Basir Haqqani, the head of Kabul’s Ulema Council.  Authorities detained two individuals.

On June 8, an IED killed religious scholars supportive of the government in Mehtarlam City, Laghman Province, killing three civilians and injuring 12 others.  On June 23, unidentified gunmen killed a Shia religious scholar in Herat.  On July 14, unidentified gunmen killed a progovernment imam in Farah City, Farah Province.

There continued to be reports of the Taliban and ISKP monitoring the social habits of local populations in areas under their control and imposing punishments on residents according to their respective interpretations of Islamic law.  On February 12, the Taliban stoned a man to death on charges of engaging in extramarital sex (zina) in the province of Sar-e Pul.  On March 18, the Taliban punished an 18-year-old male by cutting off his right hand and left leg on charges of robbery in Obe District, Herat Province.

On February 27, in Tangi Wazir, Nangarhar Province, the ISKP stoned to death a man accused of engaging in extramarital sexual relations.  The ISKP released a press statement stating the married man was stoned to death because he had illegal extramarital sexual relations.  In April the ISKP stoned to death a 60-year-old man accused of raping a woman in Darzab District, Jawzjan Province.   

There were reports of continued Taliban warnings to mullahs not to perform funeral prayers for government security officials.  As a result, according to MOHRA officials, imams continued to state they feared performing funeral rites for ANDSF and other government employees.  In July government officials confirmed media reports that officially registered imams in Samkani District, Paktiya Province, refused to perform funeral rites for ANDSF members to avoid being targeted by antigovernment elements in the area.  Local communities pointed out that inaction by Islamic clerics affected security force morale.  MOHRA also reported difficulty in staffing registered mosques in insecure areas because of Taliban threats.

According to some religious community leaders, some mullahs in unregistered mosques continued to preach in support of the Taliban or ISKP in their sermons.

There were continued reports of the Taliban and ISKP taking over schools in areas under their control and imposing their own curricula.

Albania

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution stipulates there is no official religion, all religions are equal, and the state has the duty to respect and protect religious coexistence.  It declares the state’s neutrality in questions of belief and recognizes the independence of religious groups.  According to the constitution, relations between state and religious groups are regulated by agreements between these groups and the Council of Ministers and ratified by the parliament.

The constitution prohibits religious discrimination and guarantees freedom of conscience, religion, and free expression.  It affirms the freedom of all individuals to choose or change religion or beliefs and to express them individually, collectively, in public, or in private.  The constitution states individuals may not be compelled to participate or excluded from participating in a religious community or its practices, nor may they be compelled to make their beliefs or faith public or prohibited from doing so.  It prohibits political parties or other organizations whose programs incite or support religious hatred.  The criminal code prohibits interference in an individual’s ability to practice a religion and prescribes punishments of up to three years in prison for obstructing the activities of religious organizations or for willfully destroying objects or buildings of religious value.

By law, the Office of the Commissioner for Protection from Discrimination receives and processes discrimination complaints, including those concerning religious practice.  The law specifies the State Committee on Cults, under the jurisdiction of the Office of the Prime Minister, regulates relations between the government and religious groups, protects freedom of religion, and promotes interfaith cooperation and understanding.  The law also directs the committee to maintain records and statistics on foreign religious groups that solicit assistance and to support foreign employees of religious groups in obtaining residence permits.

The government does not require registration or licensing of religious groups, but a religious group must register with the district court as a nonprofit association to qualify for certain benefits, including opening a bank account, owning property, and exemption from certain taxes.  The registration process entails submission of information on the form and scope of the organization, its activities, identities of its founders and legal representatives, nature of its interactions with other stakeholders (e.g., government ministries and civil society organizations), address of the organization, and a registration fee of 1,000 lek ($9).  A judge is randomly assigned within three to four days of submission to adjudicate an application, and the decision process usually concludes within one session.

The government has agreements with the Sunni Muslim and Bektashi communities, the Catholic and Orthodox Churches, and the VUSH.  These bilateral agreements codify arrangements pertaining to official recognition, property restitution, tax exemptions on income, donations and religious property, and exemption from submitting accounting records for religious activities.  A legal provision enacted in 2009 directs the government to provide financial support to the four religious communities with which it had agreements at the time.  This provision of the law does not include the VUSH, whose agreement with the government dates from 2011.  There is no provision of the law to provide VUSH with financial support from the government.

The law requires the ATP to address claims by religious groups for properties confiscated during the communist era.

The law allows religious communities to run educational institutions as well as build and manage religious cemeteries on land the communities own.

Public schools are secular, and the law prohibits religious instruction, but not the teaching of religion as part of a humanities curriculum.  Private schools may offer religious instruction.  Religious communities manage 114 educational institutions, including universities, primary and secondary schools, preschools, kindergartens, vocational schools, and orphanages.  By law, the Ministry of Education, Youth, and Sport must license these institutions, and nonreligious curricula must comply with national education standards.  Catholic, Muslim, and Orthodox groups operate numerous state-licensed kindergartens, schools, and universities.  Most of these do not have mandatory religion classes but offer them as an elective.  For instance, Beder University offers undergraduate and graduate programs in Islamic Studies.  The AIC runs six madrassahs that teach religion in addition to the state-sponsored curriculum.    

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

Government Practices

The Catholic, Sunni Muslim, Orthodox, and Bektashi communities reported their total government financial support remained at 109 million lek ($1.02 million), the same as in 2017 and the previous year.  The Sunni Muslim community continued to receive approximately 28 percent of the funding, while the remaining three each continued to receive 24 percent.  The communities continued to use the funds to cover part of the salaries for administrative and educational staff.  The Bektashi community, which had fewer staff members than the others, continued to use part of these funds for new places of worship.

The government implemented an April 2017 decision to subsidize the price of electricity and water for places of worship as a means of indirect financial support for religious communities.  Leaders of the five main religious communities confirmed they were paying a lower price for electricity and water.

The VUSH reported that, although there was still no formal written agreement with the government on receiving financial support, the State Committee on Cults provided a written commitment to extend financial support to evangelical Christian churches.  The Cults Committee stated it submitted VUSH’s request for financial support to the government.  The VUSH, the Orthodox Church, and the AIC expressed appreciation for the State Committee on Cults’ engagement with them.  The VUSH, however, also expressed concern that the government and some media outlets had shown indifference towards it in comparison with other faith communities.

The government continued the process of legalizing unofficial mosques, Catholic and Orthodox churches, and tekkes (Bektashi centers of worship) built during the 1990s.  The Agency for the Legalization, Urbanization, and Integration of Informal Construction (ALUIZNI) reported that from 2014 through September it legalized 330 religious buildings, including 104 Catholic churches, 153 mosques, and 47 tekkes.  The Orthodox Church reported ALUIZNI approved only two full and two partial legalizations out of the Church’s 23 requests.

The ATP acknowledged the slow pace in adjudicating claims, attributing it to the large volume of files – 551 cases – under review.  The ATP reported it rejected 17 claims during the year, which claimants may challenge in court.  The law grants 10 years to execute a compensation order from the ATP – awarding the property in dispute, monetary compensation, or different property – from the date the order is finalized.  In response to a Constitutional Court declaration that some provisions of the 2015 Law on Property were unconstitutional, the Council of Ministers issued two decisions during the year designed to break an impasse in reviewing claims.  ALUIZNI reported that, between 2012 and 2018, it compensated the Catholic Church, Orthodox Church, AIC, and Bektashi for land illegally occupied by builders.

The Orthodox Church reported the ATP had reviewed only 10 percent of the 890 properties for which the Church had submitted claims.  The Church expressed its concern about delayed court proceedings and said the State Advocate, an institution in the Ministry of Justice that provides government institutions with legal counsel and representation, appealed the few court rulings that favored the Church.

Bektashi leaders reported construction continued on two places of worship in Gjirokaster, three in Permet, and one in Elbasan.  The government reportedly legalized 31 tekkes during the year.  The Bektashi community said it continued to have problems with the local registration offices in Gjirokaster regarding one property, noting the registration process was slow, bureaucratic, and vulnerable to corruption.

The Bektashi stated the State Advocate unfairly challenged title over the course of several years for numerous properties that the Bektashi said they obtained through a court ruling.  The Bektashi community said it brought a complaint to the Ministry of Justice and Office of the Prime Minister, but had not received a response.

The AIC reported the unlawful expropriation of some of its land, citing corruption in the judiciary as the cause.  For example, the AIC claims it owned land near the Trade Chamber building in Tirana but said it was transferred in a corrupt judicial holding to another entity.  The other entity exchanged the land claimed by the AIC for two parking garages, further alienating title from the AIC.

VUSH members continued to report difficulties in acquiring land on which to construct places of worship due to local government tax assessments and regulations.  They said they continued to rent existing buildings instead.

The VUSH reported it continued to have problems registering its property with the local registration office in Korca, and the registration office in Tirana did not provide one of the VUSH’s organizations with a foundation blue print.  The VUSH filed a complaint challenging the Tirana refusal, but said the city had not responded by year’s end.

VUSH leaders stated the central government continued to exempt the organization from property taxes on its churches, but local authorities imposed fees they said were not taxes.  The VUSH continued to dispute the municipalities’ position.  The AIC paid the locally imposed fees for its entities located in Tirana.

Leaders of the five main religious groups expressed concern with a new, cross-thematic curriculum for teaching religion as part of the humanities curriculum for sixth and 10th grade students.  They stated they were concerned because they did not participate in the drafting, and the teachers slated to provide the instruction did not have training in theology.

As of year’s end, the Council of Ministers had not adopted regulations to implement a 2017 law providing additional protection for minority rights, including freedom of religion.

A State Committee on Cults census of religious organizations conducted during the year counted 611 groups, including 248 foundations, 323 religiously related NGOs, and 40 centers.  The AIC has one foundation, while the Orthodox Church has three.  The Catholic Church does have any associated NGOs, foundations, or centers, while the VUSH has 158.

In April Prime Minister Edi Rama warned in a speech that Russia was intent on radicalizing Muslims in the country and urged the European Union not “leave a space for other countries to fill.”  (The country is seeking EU accession.)  He criticized European politicians for stirring anti-Muslim sentiment.

International Religious Freedom Reports
Edit Your Custom Report

01 / Select A Year

02 / Select Sections

03 / Select Countries You can add more than one country or area.

U.S. Department of State

The Lessons of 1989: Freedom and Our Future