Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the tenets and provisions of the “sacred religion of Islam.” It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam. According to the constitution, followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law.”

The penal code contains provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion. The penal code includes punishments for verbal and physical assaults on a follower of any religion and punishment for insults or distortions directed towards Islam, including in cyberspace. An article in the penal code specifies what constitutes an insult to religion, stating, “A person who intentionally insults a religion or disrupts its rites or destroys its permitted places of worship shall be deemed as a perpetrator of the crime of insulting religions and shall be punished according to provisions of this chapter.” The penal code specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years and specifies imprisonment for persons using a computer system, program, or data to insult Islam.

Another article of the penal code states persons who forcibly stop the conduct of rituals of any religion, destroy or damage “permitted places of worship” (a term not defined by the code) where religious rituals are conducted, or destroy or damage any sign or symbol of any religion are subject to imprisonment of three months to one year or a fine ranging from 30,000 to 60,000 afghanis ($390-$780). In cases where killings or physical injury result from the disturbance of religious rites or ceremonies, the accused individual is tried according to crimes of murder and physical injury as defined by law.

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

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

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

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

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

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

According to the constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, as well as academic principles” and develop courses on religion based on the “Islamic sects” in the country. The national curriculum includes materials designed separately for Sunni-majority schools and Shia-majority schools as well as textbooks that emphasize nonviolent Islamic terms and principles. The curriculum includes courses on Islam but not on other religions. Non-Muslims are not required to study Islam in public schools, but there are no alternatives offered. The registration process for madrassahs requires a school to demonstrate it has suitable buildings, classrooms, accredited teachers, and dormitories if students live on campus. MOHRA registers madrassahs collocated with mosques, while the Ministry of Education registers madrassahs not associated with mosques. In MOHRA-registered madrassahs, students receive instruction, with one imam teaching approximately 50 to 70 children studying at various levels. Only certificates issued by registered madrassahs allow students to pursue higher education at government universities.

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

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

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

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

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

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

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

MOHRA is responsible for managing Hajj and Umrah pilgrimages, revenue collection for religious activities, acquisition of property for religious purposes, issuance of fatwas, educational testing of imams, sermon preparation and distribution for government-supported mosques, and raising public awareness of religious issues.

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

Government Practices

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

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

There were no reports of government prosecutions for blasphemy or apostasy; however, individuals converting from Islam reported they continued to risk annulment of their marriages, rejection by their families and communities, loss of employment, and possibly the death penalty. Baha’is continued to be labeled as “infidels” by many Muslims, although they were not always considered converts from Islam (apostates); as such, they were not charged with either crime.

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

MOHRA reported it continued to allocate approximately 65 percent of its budget (188 million afghanis – $2.44 million) for the construction of new mosques, although local groups remained the source of most of the funds for the new mosques. Unless the local groups requested financial or other assistance from the ministry, they were not required to inform the ministry about new construction.

Hindu and Sikh groups again reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy but not to spread information about their religion or encourage others to practice it. Hindu and Sikh community members said they continued to avoid pursuing commercial and civil disputes in the courts for fear of retaliation and that they avoided pursuing land disputes through the courts for the same reason, especially if powerful local leaders occupied their property.

Although the government provided land to use as cremation sites, Sikh leaders stated the distance from any major urban area and the lack of security continued to make the land unusable. Hindus and Sikhs also reported that individuals who lived near the cremation site continued to interfere with their efforts to cremate the remains of their dead. In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals. The government allocated 80 million afghanis ($1.04 million) for the repair of places of worship, including for Sikh and Hindu sites, of which 40 million afghanis ($520,000) were expended as of October 2020. Community leaders reported that MOHRA provided free water and electricity and was making efforts to provide repair services for a few remaining Sikh and Hindu temples.

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

MOHRA officials said the government continued its efforts to raise awareness of the benefits of registering madrassahs, including recognition of graduation certificates and financial and material assistance, such as furniture or stationery. Government officials said they were concerned about their inability to supervise unregistered madrassas that could teach violent extremist curricula intolerant of religious minorities and become recruitment centers for antigovernment groups.

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

Members of the Ulema Council, the highest religious body in the country, continued to receive financial support from the state, although it officially remained independent from the government. The council also provided advice to some provincial governments; however, according to scholars and NGOs, most legal decision making in villages and rural areas continued to be based on local interpretations of Islamic law and tradition. President Ashraf Ghani held meetings with Ulema Council members on promoting intrafaith tolerance and “moderate practices” of Islam.

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

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

Leaders of both Hindu and Sikh communities continued to state they faced discrimination in the judicial system, including long delays in resolving cases, particularly regarding the continued appropriation of Sikh properties.

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

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

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

Three Ismaili Muslims were members of parliament, down one from 2019, and State Minister for Peace Sadat Mansoor Naderi is also an Ismaili Muslim. Ismaili community leaders continued to report concerns about what they called the exclusion of Ismailis from other positions of political authority.

The government continued to support the efforts of judicial, constitutional, and human rights commissions composed of members of different Islamic religious groups (Sunni and Shia) to promote Muslim intrafaith reconciliation. The Ministry of Women’s Affairs and MOHRA continued working toward their stated goal of gaining nationwide acceptance of the practice of allowing women to attend mosques. The Ulema Council, the Islamic Brotherhood Council (a Shia-led initiative with some Sunni members), and MOHRA continued their work on intrafaith reconciliation. On October 25 and November 12, they held meetings in Kabul to address concerns and find areas of mutual cooperation. On October 1, women’s rights activist Jamila Afghani organized the country’s first women’s Ulema conference, held in Kabul. Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.

Actions of Foreign Forces and Nonstate Actors

According to journalists, local observers, and UNAMA, attacks by ISIS-K and other insurgent groups continued to target specific religious and ethnoreligious groups, including the Shia Hazara. During the year, UNAMA documented a reduction from 2019 in civilian casualties from attacks targeting places of worship, religious leaders, and worshippers. UNAMA recorded 19 attacks targeting places of worship, religious leaders, and worshippers, compared with 20 attacks in 2019. The attacks caused 115 civilian casualties (60 deaths and 55 injured), compared with 236 civilian casualties (80 deaths and 156 injured) in 2019. The report attributed all the attacks to antigovernment elements.

UNAMA continued to report high levels of ISIS-K-directed, sectarian-motivated violence, primarily targeting the Shia Muslim, mostly ethnic Hazara, population. It documented 10 incidents of sectarian-motivated violence against Shia Muslims, Sufi Muslims, and Sikhs, resulting in 308 civilian casualties (112 killed and 196 injured), compared with 2019 when there were 10 incidents resulting in 485 civilian casualties (117 killed and 368 injured).

Several major attacks against the Shia Hazara community occurred during the year. On March 6, gunmen attacked a ceremony in Kabul attended primarily by Shia Hazara, killing 32 persons; ISIS-K claimed responsibility for the attack. On May 12, three unidentified gunmen stormed a maternity clinic in a predominantly Shia Hazara neighborhood of Kabul, killing 24 persons, including mothers, infants, and healthcare workers; no group claimed responsibility. On October 24, a suicide bomber staged an attack on an educational center in the same Shia Hazara-dominant neighborhood of Kabul, killing 24 persons and wounding 57. Most of the casualties were between the ages of 15 and 25. ISIS-K claimed responsibility.

On March 25, gunmen attacked a Sikh gurdwara in Kabul, killing 25 and injuring 11 during a six-hour siege. ISIS-K claimed responsibility for this attack. On March 26, an IED detonated during funeral services for the Sikh victims, injuring one. On March 27, police found and defused another IED near the Kabul gurdwara. In the months that followed, many Sikh families departed the country, primarily to India, due to threats against Sikhs and what they perceived to be inadequate government protection.

Progovernment Islamic scholars were killed in attacks for which no group claimed responsibility. Media reported that on January 28, the district director of the Hajj and Religious Department for Pashtun-Zarghon District in Herat Province, Mullah Abdulhamid Ahmadi, was shot and killed by unidentified individuals. No group claimed responsibility for the attack. Media reported that on February 2, unidentified gunmen killed one person praying in a Shia mosque in Herat. On February 11, five children were killed and three others wounded when a bomb exploded at their Sunni madrassah in Kunduz Province. All the children were under the age of 14. On May 13, unknown gunmen attacked worshippers praying at a Sunni mosque in Khost Province. One person was killed and another wounded. On May 19, unidentified gunmen killed three persons and wounded another in a Sunni mosque in Khost. Also on May 19, in Parwan Province, gunmen opened fire on worshippers gathered at a Sunni mosque, killing 12, including four children, and wounding six. None of the perpetrators was identified.

On June 18, a bomb killed at least seven students at a seminary in Takhar Province. No group claimed responsibility for the attack, and there was no investigation of the incident by year’s end.

According to media, antigovernment forces also targeted progovernment Sunni mosques. On June 2, a bomb exploded inside the Sunni Wazir Akber Khan Mosque in Kabul, killing the imam and one other worshipper attending evening prayers. ISIS-K claimed responsibility for the attack. On June 12, a bomb in the Sunni Sher Shah Suri Mosque in Kabul killed four men gathered for Friday prayers, including the imam. No group claimed responsibility for the attack. Following these attacks on two mosques in June, clerics gathered in Kabul to demand government protection of religious figures. Media reported that the Ministry of Interior said it had assigned a team to investigate the incidents.

The Taliban continued to kill religious leaders and threaten them with death for preaching messages contrary to the Taliban’s interpretation of Islam or its political agenda. Media reported that on December 22, the Taliban killed Imam Mawlawi Ghullam Sakhi Khatib in Farah because of his progovernment messaging.

In several cases, the responsibility for attacks on progovernment religious leaders was unclear. In these instances, although no individual or group claimed responsibility, local authorities said they suspected that ISIS-K or, less frequently, the Taliban were responsible. On June 13, an imam in Takhar Province was killed and two of his companions wounded by unidentified gunmen as the imam returned from prayers. No group claimed responsibility. On October 17, a religious scholar was killed by a bomb that exploded inside the seminary where he studied in Nangarhar Province; no group claimed responsibility.

There continued to be reports of the Taliban monitoring the social practices of local populations in areas under their control and imposing punishments on residents according to their interpretation of Islamic law. According to observers, the Taliban applied its interpretation of Islam in conducting a parallel system of justice. In February, in Baghlan Province, the Taliban shot and killed a pregnant woman named Fatima, who was accused of adultery. The man with whom she was reportedly involved escaped. Media reported that on August 4, the Taliban killed a local singer in Takhar Province as he returned home from a wedding because the Taliban considered singing to be prohibited in Islam.

There were again reports of 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 members of the ANDSF and other government employees. According to media, the Afghanistan Independent Human Rights Commission reported that on June 19, the Taliban tortured and killed the imam of a mosque in Baghlan Province for performing the funeral rites of a local police commander.

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

There again were reports of the Taliban taking over schools in areas under their control and imposing their own curricula; however, it was difficult to obtain information in Taliban-controlled territory.

Shia Hazara leaders said the Afghanistan Peace Negotiations in Doha offered a chance for a peaceful future but were concerned a postsettlement Taliban would “turn back the clock” to a time when human rights, including religious freedom, were not respected in Afghanistan. Hazara leaders expressed concern that, if the Taliban established an Islamic emirate in the country, the Taliban would not accept Shia Islam as a formal religion and would ignore laws currently in place that protect Shia. In March, the UN Security Council issued UN Security Council Resolution 2513 noting that the Security Council did not support the restoration of the Islamic Emirate of Afghanistan. The Islamic Republic’s negotiating team for the Afghanistan Peace Negotiations included Shia Hazara representatives.

Legal Framework

According to the constitution, Islam is the official religion, and the state safeguards the country’s Islamic heritage. The constitution provides for freedom of conscience, the inviolability of places of worship, freedom to perform religious rites, and freedom to hold religious parades and religious gatherings, “in accordance with the customs observed in the country.” The constitution provides for the freedom to form associations as long as they do not infringe on the official religion or public order, and it prohibits discrimination based on religion or creed. All citizens have equal rights by law. According to the constitution, all persons are equal without discrimination on the basis of gender, origin, language, or faith. The labor law prohibits discrimination in the public and private public sectors on grounds of religion or faith. The labor law deems dismissal for religion to be arbitrary and illegal but provides for no automatic right to reinstatement. The law also prohibits wage discrimination based on sex, national origin, language, religion, or ideology. The law stipulates recourse through a complaint process to the Ministry of Labor and Social Development (MOLSD) to legal bodies in the event of discrimination or dismissal in the workplace on the basis of religion.

The constitution guarantees the right to express and publish opinions provided these do not infringe on the “fundamental beliefs of Islamic doctrine,” and do not prejudice the unity of the people or arouse discord or sectarianism.

The law prohibits anti-Islamic publications and broadcast media programs and mandates imprisonment of no less than six months for “exposing the state’s official religion to offense and criticism.” The law states, “Any publication that prejudices the ruling system of the country and its official religion can be banned from publication by a ministerial order.”

Muslim religious groups must register with the Ministry of Justice, Islamic Affairs, and Endowments (MOJIA) to operate. Sunni religious groups register with the ministry through the Sunni Waqf (endowment), while Shia religious groups register through the Jaafari (Shia) Waqf. The MOJIA endowment boards supervise, fund the work of, and perform a variety of activities related to mosques and prayer halls. Non-Muslim groups must register with the MOLSD to operate. In order to register, a group must submit an official letter requesting registration; copies of minutes from the founders’ committee meeting; a detailed list of founders, including names, ages, nationalities, occupations, and addresses; and other information, such as the group’s bylaws and bank account information. Religious groups also may need approval from the Ministry of Education (MOE), the Ministry of Information Affairs, or the Ministry of Interior (MOI), depending on the nature of the group’s intended activities. If any religious group organizes functions outside of its designated physical space without approval, it may be subject to government prosecution and a fine. The law prohibits activities falling outside of an organization’s charter. The penal code does not specifically address the activities of unregistered religious groups but provides for the closing of any unlicensed branch of an international organization plus imprisonment of up to six months and fines of up to 50 Bahraini dinars ($130) for the individuals responsible for setting up the branch.

According to the MOLSD’s official website, 19 non-Muslim religious groups were registered with the ministry: the National Evangelical Church, Bahrain Malaylee Church of South India Parish, Word of Life International Church, St. Christopher’s Cathedral and Awali Anglican Church, Full Gospel Church of Philadelphia, St. Mary and Anba Rewis Church (St. Mary’s Indian Orthodox Cathedral), Jacobite Syrian Christian Association and St. Peter’s Prayer Group (St. Peter’s Jacobite Syrian Orthodox Church), St. Mary’s Orthodox Syrian Church, Sacred Heart Catholic Church, The Church of Jesus Christ of Latter-day Saints, Church of Christ, Greek Orthodox Church, Pentecostal Church, Baps Shri Swaminarayan Mandir Bahrain (Hindu Temple), Indian Religious and Social Group (Hindu Temple), Spiritual Sikh Cultural and Social Group, St. Thomas Evangelical Church of Bahrain, Marthoma Parish, and the Anglican and Episcopal Church in Bahrain. Additionally, non-Muslim, nonregistered groups include the Baha’i, Buddhist, and Jewish communities.

The penal code calls for punishment of up to one year’s imprisonment or a fine of up to 100 dinars ($270) for offending one of the recognized religious groups or their practices or for openly defaming a religious figure considered sacred to members of a particular group.

The law stipulates fines or imprisonment for insulting an institution, announcing false or malicious news, spreading rumors, encouraging others to show contempt for a different religious denomination or sect, illegally gathering, and advocating for a change of government, among other offenses. The Office of the Ombudsman, as part of the MOI, addresses the rights of prisoners, including the right to practice their religion.

The MOJIA oversees the activities of both the Sunni Waqf and the Jaafari Waqf, which are appointed by the King with recommendations from the president of the SCIA. The respective endowment boards supervise the activities of mosques and prayer halls, review and approve clerical appointments for religious sites under their purview, and fund expenses for the building and maintenance of religious sites. The government has allocated 2.7 million dinars ($7.16 million) annually to each endowment board. Zakat (Islamic tithes), income from property rentals and other private sources largely fund the remainder of the endowment boards’ operations. The endowment boards may pay flat commissions and bonuses to preachers and other religious figures.

The government-run and funded SCIA oversees general religious activities taking place within the country as well as the publication of Islamic studies school curricula and official religious texts. The council is comprised of a chairman, a deputy chairman, and 16 religious scholars eight Sunni and eight Shia, most of them prominent preachers or sharia judges. The King appoints all council members to a four-year term. Independent from other government scholarship programs, the council offers university scholarships to low-income students for advanced Islamic studies. The SCIA reviews all legislation proposed by parliament to ensure the draft law’s compliance with sharia. The council also consults with other government entities before issuing permits to new Islamic societies or centers. The council is responsible for reviewing the content of Islamic programs broadcast on official government media, such as the official television station and official radio programs. The council also organizes interfaith conferences and workshops.

The King has sole legal authority to allocate public land, including for religious purposes, although he may delegate this authority to government officials, including the Prime Minister. By law, construction of places of worship requires approvals from appropriate national and municipal authorities. The law permits non-Islamic houses of worship to display crosses or other religious symbols on the outside of their premises. Government entities involved in allocating building permits include the MOJIA for non-Islamic religious sites and either the Sunni Waqf or the Shia Jaafari Waqf under the MOJIA for Islamic sites. The construction of a new mosque, whether Shia or Sunni, is based on a government determination of the need for a new mosque in the area. The government also determines the need for non-Islamic houses of worship.

The law regulates Islamic religious instruction at all levels of the education system. The government funds public schools for grades one through 12; Islamic studies based on Sunni doctrine are mandatory for all Muslim students and are optional for non-Muslims. Private schools must register with the government and, with a few exceptions (for example, a foreign-funded and foreign-operated school), are also required to provide Islamic religious education for Muslim students. Private schools wishing to provide non-Islamic religious education to non-Muslims must receive permission from the MOE. Outside of school hours, Muslim and non-Muslim students may engage in religious studies that the MOJIA sponsors, as their parents deem fit.

In coordination with the SCIA, a team of MOE-appointed experts routinely reviews and develops the Islamic studies portion of the public school curriculum to emphasize shared Islamic values between different Sunni and Shia schools of thought, reject extremism, and promote tolerance and coexistence. According to the government, the SCIA provides financial assistance to the six registered hawzas (Shia seminaries); other hawzas choose to be privately funded. The government does not permit foreign donors to contribute to privately funded hawzas. There are no restrictions on religious studies abroad. The government also permits non-Muslim groups to offer religious instruction to their adherents in private schools.

According to the constitution, sharia forms a principal basis for legislation, although civil and criminal matters are governed by a civil code. With regard to family and personal status matters, the constitution states inheritance is a guaranteed right governed by sharia. The constitution also guarantees the duties and status of women and their equality with men, “without breaching the provisions” of sharia. The personal status law states that either the Sunni or Shia interpretation of sharia with regard to family matters, including inheritance, child custody, marriage, and divorce, shall govern depending on the religious affiliation of the party. Mixed Sunni-Shia families may choose which court system will hear their case. The provisions of the law on personal status apply to both Shia and Sunni women, requiring a woman’s consent for marriage and permitting women to include conditions in the marriage contract. Non-Muslims may marry in civil or religious ceremonies; however, all marriages must be registered with a civil court. Civil courts also adjudicate matters such as divorce and child custody for non-Muslims.

The government does not designate religious affiliation on national identity documents, including birth certificates. Applications for birth certificates and national identity documents, however, record a child’s religion (either Muslim, Christian, Jewish, or other), but not denomination. Hospital admission forms and school registration forms may also request information on an individual’s religion.

The constitution says the state shall strive to strengthen ties with Islamic countries. It specifies the succession to the position of king is hereditary, passing from eldest son to eldest son. The royal family is Sunni.

The law prohibits individuals from being members of political societies or becoming involved in political activities while serving in a clerical role at a religious institution, including on a voluntary basis.

By law, the government regulates and monitors the collection of money by religious and other organizations. Organizations wishing to collect money must first obtain authorization from the MOJIA.

The law guarantees inmates of correctional facilities the right to attend burials and receive condolences outside prison.

The country is party to the International Covenant on Civil and Political Rights, with reservations stating it interprets the covenant’s provisions relating to freedom of religion, family rights, and equality between men and women before the law as “not affecting in any way” the prescriptions of sharia.

Government Practices

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

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

The government continued to question, detain, and arrest Shia clerics and community members. The government continued to monitor and provide general guidance for the content of sermons and to bring charges against clerics who repeatedly spoke on unapproved topics.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The government reported 598 licensed Sunni mosques and 91 Sunni community centers; authorities increased the number of licensed Shia places of worship to 754 mosques, while the number of maatams remained at 618, the same number as in 2019. The government reported it granted 30 permits during the year to build Sunni mosques and an additional 30 permits to build Shia mosques and maatams. NGOs stated authorities did not allow the construction of new mosques in Rifaa or maatams in Hamad Town, despite numerous requests from community members. The government stated that determining whether a mosque would be Sunni or Shia in new housing developments depended on the needs and demographics of the new residents.

The government continued to monitor and provide general guidance on the content of sermons and to bring charges against clerics who repeatedly spoke on unapproved topics. The MOJIA continued to monitor clerics’ adherence to a pledge of ethics it created for individuals engaged in religious discourse. According to the MOJIA, preachers who diverged from the pledge were subject to censure or removal by authorities on the grounds that their actions jeopardized national security. The MOJIA reported reviewing sermons submitted to the government on a weekly basis by preachers. The MOJIA reported regularly visiting mosques to ensure preacher’s sermons were “moderate,” avoided discussing controversial topics, did not incite violence, and did not use religious discourse to serve political purposes. According to Shia community representatives, during Ashura, police again summoned some Shia chanters and preachers and required them to sign pledges that they would avoid discussing politics in their sermons.

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

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

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

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

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

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

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

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

The government continued to permit Shia groups to hold processions to commemorate Ashura in August and Arbaeen (the fortieth day after Ashura, commemorating the death of Hussein) in October, with the largest procession organized by a Shia community-led organization, the Manama Public Processions Commission. During the annual two-day public holiday for Ashura, most public schools and government offices were closed. The government permitted public reenactments of the death of Hussein and public processions in commemoration of Ashura.

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

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

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

The government continued to permit both registered and unregistered non-Muslim religious communities to maintain identifiable places of worship, hold religious gatherings, and display religious symbols. Security forces stated they continued to monitor religious gatherings and funerals to maintain peace and security.

Adherents of minority religious groups reported they were able to produce religious media and publications and distribute them in bookstores and churches, although the government did not permit publications that were perceived to criticize Islam. The Ministry of Information Affairs reviewed all books and publications prior to issuing printing licenses. The MOJIA also reviewed books that discussed religion. According to non-Muslim religious groups, the government did not interfere with religious observances and publicly encouraged tolerance for minority religious beliefs and traditions. In September, the King’s Representative for Humanitarian Work and Youth Affairs, Nasser bin Hamad al Khalifa, participated in the celebration of the Hindu festival of Onam and said that the observance of Onam confirmed the importance of dialogue and understanding in the country. In August, the government announced that it would allow a large-scale renovation and extension of the Shri Krishna Hindu Temple in the Manama souq.

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

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

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

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

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

According to the law, Arab applicants with 15 years’ residence and non-Arab applicants with 25 years’ residence are eligible to apply for citizenship. Government representatives stated that in recent years, it has received citizenship applications from persons born in Jordan, Yemen, Sudan, Pakistan, and Morocco. The government stated that foreign residents applying for citizenship were not required to report their religious affiliation. Shia politicians and community activists, however, continued to say the government’s naturalization and citizenship process favored Sunni over Shia applicants. They said the government continued to recruit Sunnis from other countries to join the security forces, granted them expedited naturalization, and provided them with public housing while excluding Shia citizens from those forces. According to Shia community activists, this continued recruitment and expedited naturalization of Sunnis represented an ongoing attempt to alter the demographic balance among the country’s citizens.

According to Shia leaders and community activists, the government continued to provide Sunni citizens preference for government positions, including as teachers, and especially in the managerial ranks of the civil service and military. They also said Sunnis received preference for other government-related employment, especially in the managerial ranks of state-owned businesses. They continued to report few Shia citizens served in significant posts in the defense and internal security forces. According to Shia community members, senior civil service recruitment and promotion processes continued to favor Sunni candidates. Other community members said educational, social, and municipal services in most Shia neighborhoods remained inferior to those in Sunni communities. The government stated it made efforts to support public schools in Shia and Sunni neighborhoods equally. The MOLSD reported it organized expositions, job fairs, professional guidance, and assistance to needy families in predominately Shia neighborhoods. The ministry, which has a supervisory role in implementing labor law in the civil sector, again said there were no reported cases of religious or sectarian discrimination during the year. Shia community activists again responded that they lacked confidence in the effectiveness of government institutions to address discrimination, so they did not utilize them.

Two public schools provided more thorough religious instruction for students from elementary school through high school; the remainder of their curricula was consistent with the nonreligious curriculum in other public schools. The MOE’s Jaafari Institute provided religious instruction in Shia Islam. The MOE’s Religious Institute provided education in Sunni Islam.

The University of Bahrain continued to offer degree programs in religious studies and Islamic jurisprudence for Shia and Sunni students. There were five registered institutes, publicly funded and overseen by the Sunni Waqf, offering religious education for Sunnis. There were several dozen hawzas, six of them registered and authorized by the SCIA.

Human rights activists continued to report discrimination against Shia in education. On August 29, the MOE said it had granted all high-scoring students from government and private schools their initial choices for universities and major placements. The MOE stated that the students could track their own placements and grants on the ministry’s website. The government reported the flagship Crown Prince International Scholarship Program (CPISP) continued to have both Shia and Sunni representation, but it again did not provide a statistical breakdown of participants. A list of scholarship recipients’ names, fields of study, and schools was published on the CPISP website. Some Shia business leaders again reported that government officials had overturned decisions to deny scholarships to Shia students over concerns the decisions had been biased and did not reflect student merit. There were continued reports that the MOE refused to recognize the foreign degrees of some students, primarily those who studied in China. Some activists said these refusals disproportionately affected Shia students.

NGOs reported the government continued to closely monitor the collection of funds, including charity donations, by religious organizations. The NGOs said religious leaders and organizations not authorized to collect money, or whom the government believed handled the money in improper ways, were potentially subject to legal action.

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

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

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

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

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

Legal Framework

The constitution guarantees the right to practice the religion of one’s choice and specifies that freedom of religion is a human right that may not be limited. The constitution states, “The nation is based upon belief in one supreme God,” but it guarantees all persons the right to worship according to their own religion or belief, saying the right to have a religion is a human right that shall not be discriminated against.

The constitution also says the state is based on the belief in one God, and the state is obliged to guarantee the freedom of worship. It states citizens must accept restrictions established by law to protect the rights of others and to satisfy, as noted in the constitution, “just demands based upon considerations of morality, religious values, security, and public order in a democratic society.” The law restricts citizens from exercising these rights in a way that impinges on the rights of others, oversteps common moral standards and religious values, or jeopardizes security or public order.

The Ministry of Religious Affairs (MORA) extends official recognition to six religious groups: Islam, Catholicism, Protestantism, Buddhism, Hinduism, and Confucianism. The government maintains a long-standing practice of recognizing Sunni Islam as the official version of Islam of local Muslims, although the constitution has no such stipulation.

Blasphemy articles in the criminal code prohibit deliberate public statements or activities that insult or defame any of the six officially recognized religions or have the intent of preventing an individual from adhering to an official religion. These articles also stipulate that in any case of defamation of the six officially recognized religions, the Ministry of Home Affairs (MOHA), the MORA, and the Attorney General’s Office must first warn the individual in question before bringing a defamation charge. The articles also forbid the dissemination of information designed to spread hatred or dissension among individuals and/or certain community groups based on ethnicity, religion, or race. Individuals may be subject to prosecution for blasphemous, atheistic, or heretical statements under either of these provisions or under the laws against defamation and may face a maximum prison sentence of five years. A separate law forbids the electronic dissemination of the same types of information, with violations carrying a maximum four-year sentence.

The government defines a religion as having a prophet, holy book, and deity, as well as international recognition. The government deems the six officially recognized religions meet these requirements. Organizations representing one of the six recognized religions listed in the blasphemy law are not required to obtain a legal charter if they are established under a notary act and obtain approval from the Ministry of Law and Human Rights. Religious organizations other than the six recognized religions listed in the blasphemy law must obtain a legal charter as a civil society organization (CSO) from the MOHA. Both ministries consult with the MORA before granting legal status to religious organizations. The law requires all CSOs to uphold the national ideology of Pancasila, which encompasses the principles of belief in one God, justice, unity, democracy, and social justice, and they are prohibited from committing blasphemous acts or spreading religious hatred. By law, all religious groups must officially register with the government. Registration requirements for religious organizations include: (a) organizations may not contradict Pancasila and the constitution; (b) they must be voluntary, social, independent, nonprofit, and democratic; and (c) they must have notarized articles of association (bylaws) and a specifically defined purpose. The organization then registers with the MORA. After MORA approval, the organization is announced publicly through the state gazette. Violations of the law may result in a loss of legal status, dissolution of the organization, and arrest of members under the blasphemy articles of the criminal code or other applicable laws. Indigenous religious groups must register with the Ministry of Education and Culture as aliran kepercayaan to obtain official, legal status.

A joint ministerial decree bans both proselytizing by the Ahmadi Muslim community and vigilantism against the group. Violations of the Ahmadi proselytizing ban carry a maximum five-year prison sentence on charges of blasphemy. According to the criminal code, vigilantism carries a maximum five-and-one-half-year prison sentence.

A joint ministerial decree bans proselytizing and other activities by the Fajar Nusantara Movement, known as Gafatar. Violations of the ban may be charged with blasphemy, and may receive a maximum five-year prison sentence on charges of blasphemy.

There is no joint ministerial decree that bans proselytizing by other groups. The MUI, however, has issued fatwas that ban proselytizing by so-called deviant groups such as Inkar al-Sunnah, Ahmadiyya, Islam Jama’ah, the Lia Eden Community, and al-Qiyadah al-Islamiyah. While the MUI has not labelled Shia Islam as deviant, it has issued fatwas and guidance cautioning against the spread of Shia teachings.

The government requires all officially registered religious groups to comply with directives from the MORA and other ministries on issues such as the construction of houses of worship, foreign aid to domestic religious institutions, and propagation of religion.

A 2006 joint ministerial decree issued by the MORA and the MOHA states that religious groups may not hold services in private residences, and those seeking to build a house of worship are required to obtain the signatures of at least 90 members of the group and 60 persons of other religious groups in the community stating they support the construction. Local governments are responsible for implementing the decree, and local regulations, implementation, and enforcement vary widely. The decree also requires approval from the local interfaith council, the Religious Harmony Forum (FKUB). Government-established FKUBs exist at the provincial and district/city level and comprise religious leaders from the six official groups. They are responsible for mediating interreligious conflicts.

The law requires religious instruction in public schools. Students have the right to request religious instruction in any one of the six official religions, but teachers are not always available to teach the requested religion classes. Under the law, individuals may not opt out of religious education requirements. In practice, however, students of minority religious groups are often allowed to opt out and attend study hall instead.

Under the terms of a 2005 peace agreement that ended a separatist conflict, Aceh Province has unique authority to implement sharia regulations. The law allows for provincial implementation and regulation of sharia and extends the jurisdiction of religious courts to economic transactions and criminal cases. The Aceh government states sharia in Aceh only applies to Muslim residents of the province, although nonresident Muslims and adherents to other faiths may accept sharia in lieu of punishment under the criminal code.

Aceh’s provincial sharia regulations criminalize consensual same-sex sexual conduct, adultery, gambling, consumption of alcohol, and proximity to members of the opposite sex outside of marriage for Muslim residents of the province. An Aceh governor’s decree forbids women from working in or visiting restaurants unaccompanied by their spouse or a male relative after 9 p.m. A Banda Aceh mayoral decree forbids women from working in coffee shops, internet cafes, or sports venues after 1 p.m. Sharia regulations prohibit female Muslim residents of Aceh from wearing tight clothes in public, and officials often recommended wearing headscarves. The regulation allows local officials to “remind” female Muslims of these regulations but does not allow women’s detention for violating them. One district in Aceh prohibits women from sitting astride motorcycles when riding as passengers. The maximum penalties for violations of sharia regulations include imprisonment and caning. There are regulations intended to limit the amount of force that authorities may exert during a caning.

Many local governments outside of Aceh have enacted regulations based on religious considerations; most of these are in majority-Muslim areas. Many of these regulations relate to matters such as religious education and only apply to a specific religious group. Some religiously inspired local regulations in effect apply to all citizens. For instance, some local regulations require restaurants to close during Ramadan fasting hours, ban alcohol, or mandate the collection of zakat (Islamic alms). Other local regulations forbid or limit the religious activities of religious minorities, especially Shia and Ahmadi Muslims.

The law does not explicitly forbid interfaith marriage, but it requires that parties must perform the marriage ceremony according to the rituals of a religion shared by both the bride and groom.

The law requires the leader of an aliran kepercayaan group to demonstrate group members live in at least three regencies, which are administrative designations one level below a province, before the leader may officiate legally at a wedding. This constraint effectively bars believers of some smaller groups without such geographic presence from receiving official marriage services from a member of their faith, although groups may aid each other and facilitate marriages by a group with similar faith traditions and rituals.

A joint ministerial decree requires domestic religious organizations to obtain approval from the MORA to receive funding from overseas donors and forbids dissemination of religious literature and pamphlets to members of other religious groups, as well as door-to-door proselytizing. Most religious groups may, however, proselytize in their own places of worship, except for some groups such as Ahmadi Muslims.

Foreign religious workers must obtain religious worker visas, and foreign religious organizations must obtain permission from the MORA to provide any type of assistance (in-kind, personnel, or financial) to local religious groups.

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

Government Practices

The government was involved in a number of actions against the FPI that included a December 7 altercation with police that resulted in the deaths of six FPI members; the December 12 arrest of the FPI’s leader for violating COVID-19 related health protocols; and a December 30 government proclamation outlawing the FPI, its symbols, and any of its activities. Civil society and religious organizations have long accused the FPI of being a hardline Muslim group that engages in acts of violence, extortion, intimidation, and intolerance against other Muslims and religious and ethnic minority communities.

On November 10, Rizieq Shihab, the leader of the FPI, returned to the country after three years of self-exile in Saudi Arabia. Shihab had originally left in 2017 while facing criminal investigations related to accusations that he had committed blasphemy, spread hate speech, been involved in land grabs, insulted the national ideology of Pancasila, and violated the antipornography law. Following his return, Shihab organized several large gatherings in Jakarta and West Java on November 13-14. Police arrested Shihab on charges of involvement in organizing mass gatherings in violation of COVID-19 health protocols. On December 29, a South Jakarta District Court judge ordered authorities to reopen the investigation into Shihab’s possible violation of the antipornography law for exchanging sexually explicit messages with a follower, a crime that carries a maximum punishment of 12 years in prison.

On December 7, police shot and killed six FPI members on the Jakarta-Cikampek toll road. According to Jakarta police, they received a tip that the six were part of a group planning to prevent police from questioning Shihab. Police officials said the shooting occurred in self-defense after the six FPI members attempted to attack the police. An investigation by the National Commission on Human Rights (Komnas HAM), an independent, government-affiliated body, was underway at year’s end.

On December 30, Coordinating Minister for Political, Legal, and Security Affairs Mahfud MD announced a joint ministerial decree that declared the FPI was a “nonregistered” organization; it banned the organization, its symbols, and its activities. The FPI’s permit to operate as a religious organization had expired in June 2019, and it had been operating without a clear legal status for 18 months. Mahfud MD stated that during this period, the FPI had engaged in activities that violated the law and public order and refused to amend its articles of association to make it consistent with the law. A coalition of prominent human rights organizations released a statement saying that while they criticized the FPI’s violent actions, hate speech, and violations of law, the joint ministerial decree was not consistent with the country’s constitution and was an unjust restriction on the right of association and expression.

On September 19, Yeremia Zanambani, a Christian pastor, was fatally shot in Intan Raya Regency, Papua. Local activists and religious leaders called for an independent investigation into the killing, accusing TNI personnel as being the likely culprits. Minister Mahfud MD established an independent fact-finding team that concluded TNI personnel may have been involved. Komnas HAM publicly released its own report into the incident, which determined that TNI personnel were responsible for the killing. A TNI internal investigation continued at year’s end. Human rights organizations and religious leaders linked the incident to operations by security forces against armed separatists in the region, but they did not attribute the attack to religious discrimination or persecution.

In Aceh, authorities continued to carry out public canings for sharia violations such as selling alcohol, gambling, and extramarital affairs. Canings continued to occur in public spaces despite the Aceh governor’s 2018 order that they should be executed only in prison facilities. Government and sharia officials stated non-Muslim residents of Aceh could choose punishment under either sharia or civil court procedures, but Muslim residents of Aceh must receive punishment under sharia. According to media reports and human rights activists, several non-Muslim residents of Aceh chose punishment under sharia, reportedly due to its expediency and to avoid the risks of prolonged and expensive trials and possible lengthy prison sentences.

On February 12, authorities in Central Aceh Regency caned a Christian man 27 times for selling alcohol. On March 5, authorities in Bireuen Regency caned a non-Muslim man and a Muslim woman 24 times each for sexual relations outside of marriage. In both cases, the non-Muslim men accepted punishment under sharia in lieu of punishment under the regular judicial system. On April 10, authorities in Aceh Tamiang Regency caned a woman 200 times for her extramarital affairs with two men, who each received 100 strokes. On April 21, authorities in North Aceh Regency caned two men 25 and 40 times, respectively, for sexual abuse of a child, and a couple convicted of adultery received 100 strokes each. On June 5, authorities in the North Aceh Regency began caning a man sentenced to 100 strokes for adultery. The man collapsed following the 74th stroke and was taken away in an ambulance.

In August, the Indonesian Legal Aid Foundation reported 38 blasphemy cases from January to May, two of which involved five individuals younger than 18. According to two government officials, blasphemy laws were often used to discriminate against religious minorities. On August 21, the chairman of Komnas HAM, Ahmad Taufan Damanik, said a lack of clarity in the blasphemy law meant it was often used to target religious minorities. On March 6, the commissioner of the National Women’s Commission, Siti Aminah Tardi, said prosecutions under blasphemy laws targeted women, especially those from religious minorities.

On January 7, police in West Sumatra arrested Sudarto, an activist from Pusaka Foundation Padang, a human rights and environmental advocacy organization, for violating the Electronic Information and Transaction (ITE) law by disseminating information with intent to incite hatred based on religion, ethnicity, race, and/or class. Sudarto had uploaded a post on Facebook that stated the local government in Dharmasraya Regency, West Sumatra, had banned Christmas. According to media reports, in December 2019, police officials in Dharmasraya had told the local community not to hold Christmas services there and instead travel to a church in neighboring Sawahlunto Regency, 75 miles from the village. Sudarto was released a day after his arrest.

On January 15, police in South Sulawesi arrested and charged Paruru Daeng Tau, the head of the Organization for Implementing the Mandate of Adat and Pancasila (LPAAP), with blasphemy after receiving a complaint that Tau allegedly told his followers he was the last prophet and to disregard the basic tenets of Islam. The local MUI branch in Tana Toraja Regency had issued a fatwa in December 2019 denouncing LPAAP as a heretical organization. On June 3, Tau was convicted of blasphemy and sentenced to two years and four months in prison.

In February, media reported that a panel of judges decided that Suzethe Margaret, a Catholic woman accused of blasphemy after bringing a dog into a mosque in June 2019, was guilty of blasphemy but would not be sent to prison due to mental illness. Prosecutors had previously recommended that she be sentenced to eight months in prison.

In March, police in Probolinggo Regency, East Java, arrested Indriyanto for sharing a picture of Hajar Aswad (a spiritually significant stone set in one of the corners of the Kaaba) that resembled female genitalia and for sharing an image that showed the word “Allah” being defecated on. On July 9, the Probolinggo State Court of East Java sentenced Indriyanto to four years’ imprisonment and imposed a five million rupiah (IDR) ($360) fine for violating the ITE law.

In April, police arrested and charged individuals across the country for social media uploads that included an altered version of “Aisyah Istri Rasulullah,” a popular song about the wife of the Prophet Muhammad. On April 10, Rahmat Hidayat, a YouTube celebrity popularly known as Aleh Khas Medan, was arrested in Medan, North Sumatra, for posting a YouTube video that included the song, as well as for actions authorities deemed offensive. On October 1, Hidayat was sentenced to seven months in prison under the ITE law. On April 15, police in Surabaya arrested and charged Bambang Bima Adhis Pratama under the ITE law after Bambang uploaded a video of himself on social media, singing the song with changed lyrics. On April 30, police in South Sulawesi detained Bahrul Ulum, a university student, for tweeting the changed lyrics of the song. In May, police in Gorontalo Province arrested three young adults after they uploaded a video of themselves singing and dancing to the song with changed lyrics on WhatsApp.

On May 4, police in Central Lombok Regency, West Nusa Tenggara, detained a woman for blasphemy after she uploaded a video to TikTok of herself dancing in clothes traditionally worn during prayer. Following the arrest, an official from Muhammadiyah, one of the largest Islamic groups in the country, encouraged local police to release the woman, stating that she did not intend to commit blasphemy. It was unclear whether police released her.

On July 9, port police in Makassar arrested and charged Ince Ni’matullah with blasphemy after she allegedly threw a Quran during an argument with her neighbor.

On August 4, a court in Medan sentenced Doni Irawan Malay to three years in prison for blasphemy. According to prosecutors, on February 13, Malay desecrated a Quran in the Al-Mashun Mosque, including putting it down his pants, tearing out pages, and throwing it in the trash.

On August 8, police arrested Apollinaris Darmawan in Bandung under the ITE law for a series of tweets and videos posted on Twitter and Instagram that, among other things, stated Islam was not a religion and should be expelled from the country. Immediately prior to the man’s arrest, a crowd outraged at his postings stormed his house, dragged him into the street, and stripped him of his clothes. It did not appear that police detained anyone involved in the assault. On November 24, public prosecutors formally charged Darmawan under the ITE law and sought the maximum allowable punishment of six years in prison and an 800 million rupiah ($57,000) fine. Darmawan had been convicted and sentenced in August 2017 to four years in prison and an 800,000,000 rupiah ($57,000) fine for violating the ITE law for a series of pictures and articles he posted to Facebook which depicted Allah as a monster, the Prophet Muhammad as homosexual, and which made other disparaging descriptions of Islam. Darmawan was released early from prison in March as part of an assimilation program. It is not clear if this release was related to a government effort that helped prevent the spread of COVID-19 in overcrowded prisons.

On September 29, a court in Medan sentenced Muhammad Qadafi, alias Udin, to 18 months in prison for blasphemy after he was found guilty of throwing a Quran inside a mosque during an incident on March 25.

On December 4, police arrested a Muslim cleric in Cibadak Regency, West Java, for distributing a video in which the man conducted the call to prayer with altered wording that made it a call to jihad instead. The man was arrested under the ITE law for spreading hate. Prominent Muslim leaders from Nahdlatul Ulama and the MUI publicly condemned the video when it began circulating in late November.

On December 28, police called in Haikal Hassan for questioning related to potential violation of the ITE and blasphemy laws for stating he had met with the Prophet Muhammad during a dream. Haikal was the spokesman for the 212 Alumni Association, a group formed in commemoration of the December 2, 2016, protests by conservative Islamic groups against then Jakarta Governor Basuki Tjahaja Purnama that called for his prosecution under blasphemy laws.

From August 18 to August 27, a coalition of CSOs hosted an online conference entitled “Blasphemy Law: Protection or Criminalization?” The conference explored trends, patterns, and developments in criminalization involving accusations of blasphemy, as well as what were described as “discriminatory practices” occurring in the country. The organizers of the conference surveyed the 2,247 participants and found that 78 percent believed the greatest challenges facing religious freedom were discriminatory regulations, intolerant acts against minorities, and a lack of remedies for victims. The survey also showed that 84 percent agreed efforts were needed to eliminate discriminatory regulations, promote effective law enforcement against those who violate others’ religious freedom, and provide remedy for those accused of violating blasphemy laws.

The government responded to the COVID-19 pandemic by implementing policies to prevent the spread of the virus through limiting public events, including religious gatherings. At the national level, government and religious leaders cooperated closely in developing these restrictions. For example, on March 16 the MUI issued a fatwa recommending the suspension of communal Friday prayers to prevent the spread of COVID-19. In June, President Joko Widodo met with interfaith leaders to discuss how their organizations and religious groups were planning to adapt to COVID-19.

Several other disputes between government authorities and religious groups occurred at the local level regarding health restrictions related to the COVID-19 virus. In April, members of Ar-Rahmah Mosque in Parepare city, South Sulawesi, reported the district head, Andi Ulfa Lanto, to police for blasphemy after Lanto attempted to stop Friday prayer at the mosque. Mosque officials said Lanto’s actions constituted blasphemy because the local COVID-19 regulation encouraged persons only to avoid mass gatherings, as opposed to explicitly banning Friday prayer. On May 1, Parepare Mayor Taufan Pawe responded by filing a police report accusing the members of the mosque of failing to adhere to health protocols and of obstructing an official from conducting his duties. The South Sulawesi chapter of the MUI and the FUIB stated that Lanto did not commit blasphemy.

On April 19, two men entered the residence of a Christian family in Bekasi Regency, West Java, and demanded they terminate a religious service being held in the home. The disruption was recorded and disseminated widely online. According to media reports, one of the men was a local Muslim leader.

On January 27, the Regent of Bogor, West Java, Ade Munawaroh Yasin, issued a letter to the local Ahmadiyya community stating that Ahmadi Islam was illegal in Bogor and calling on the Ahmadis to stop all activities inside and outside their compound in Kemang Bogor. On March 16, activists from the Benteng Aqidah Alliance, an ad hoc group comprised of local Islamic groups seen by observers as more hardline, rallied in front of the regent’s office to support her decision to outlaw Ahmadi activity in Bogor. In response, a group of 31 local nongovernmental organizations (NGOs) created an Alliance for a United Bogor to condemn the rally and to support tolerance in Bogor.

According to media reports, in July, the Ternate Municipality Team for Supervision of Beliefs and Religious Sects in Society (PAKEM), which includes the police, the Prosecutor’s Office, MORA, FKUB, and MUI, implemented a ban on activities by the Shia Jafariah religious group in the North Maluku city. The PAKEM meeting was held after the Shia group hung a banner to celebrate Eid al-Fitr. The North Maluku chapter of the MUI issued a fatwa against the group in 2015, designating it a heretical organization.

On July 27, the congregation of the Indonesian Pentecostal Efata Church in Indragiri Hilir Regency, Riau, accepted an offer from the local government to relocate its church to a location 10 kilometers (six miles) away. In 2019, local officials had prevented the congregation from worshiping at the location because it was not formally registered as a house of worship.

On August 5, the Bali Customary Village Council, created in 2019 by the Bali provincial government, banned all worship activities by the International Society for Krishna Consciousness (ISKCON) in the province’s 1,493 customary villages. The council chairman stated ISKCON teachings were fundamentally different from Hindu teachings, and therefore the ban was necessary to preserve Hindu and Balinese culture. The Bali chapter of the Indonesian Hinduism Society (PHDI) publicly revoked its recognition of ISKCON and encouraged the central PHDI to do so on a national level.

On July 1, the MORA spokesperson stated the ministry would involve the TNI in efforts to increase religious harmony. Legislators and a coalition of CSOs stated that security forces’ involvement in religious affairs would likely create artificial and coerced religious harmony rather than the interfaith dialogue required for true harmony. On July 7, then Minister of Religious Affairs Fachrul Razi, a retired TNI general, clarified before the legislature that the MORA had only requested the military’s input, not involvement, into religious efforts, and specifically only in Papua, to help ease tensions there.

The Smart Pakem smartphone app, launched by the Jakarta Prosecutor’s Office in 2018 to allow citizens to report heresy and blasphemy cases, was removed from both the Google Play Store and the Apple Store. Following its launch, human rights organizations had criticized the app and requested Google and Apple to remove it. It was unclear what caused its removal.

The MORA maintained its authority at the national and local levels to conduct the “development” of religious groups and believers, including efforts to convert minority religious groups to Sunni Islam. Beginning in 2014, Ahmadiyya communities in several West Java regencies reported that local governments were forcing or encouraging the conversion of Ahmadi Muslims, using a requirement that Ahmadis sign forms renouncing their beliefs in order to register their marriages or participate in the Hajj. However, in July, members of the Ahmadiyya community in Tasikmalaya City, West Java, reported they were no longer required to sign such forms prior to marriage or the Hajj.

According to religious groups and NGOs, government officials and police sometimes failed to prevent “intolerant groups” from infringing on others’ religious freedom and committing other acts of intimidation, such as damaging or destroying houses of worship and homes. Groups often identified as intolerant included the FPI, Islamic Community Forum, Islamic Jihad Front, and Indonesian Mujahideen Council.

Throughout July and August, the East Nusa Tenggara FKUB held a short story competition on the value of religious harmony within the province. The organizers received 71 entries from university students. To celebrate the winning entries, the local FKUB chapter collaborated with local print media to publish the stories. The top 10 stories were also compiled into e-books, and published.

In August, East Java Governor Khofifah Indar Parawansa designated three villages in the province as “Harmony Awareness Villages,” Mojorejo village in Batu, Tenduro village in Lumajang, and Wonorejo village in Situbondo Regency. Governor Khofifah and East Java MORA officials selected them based on accomplishments in promoting religious tolerance.

In September, Minister of Villages, Underdeveloped Regions, and Transmigration Abdul Halim Iskandar designated Banuroja village in Gorontalo Province as a “Pancasila Village.” Iskandar and ministry officials selected Banuroja due to its ethnic and religious diversity.

In September, Tajul Muluk, leader of a community of more than 500 Shia Muslims, stated his intent to convert to Sunni Islam, along with the majority of his community. The community had been displaced to the outskirts of Surabaya, East Java, since 2012 after communal violence forced them from their homes in Sampang Regency, Madura. In a September 10 letter to the Regent of Sampang, Muluk requested that he and his followers be converted to Sunni Islam. The letter and subsequent media interviews did not make clear the reason for the request for conversion. According to media reports, the regent stated that he had not requested Muluk write the letter.

In January, a group of local human rights organizations released a report entitled 2020 Outlook on Freedom of Religion and Faith in Indonesia. The report stated the number of religious freedom violations was increasing every year and criticized the government’s approach to religious freedom as increasing based on majoritarianism and repression. Speaking at the report release, Alissa Wahid, Coordinator of Jaringan Gusdurian and daughter of the late former president Abdurrahman Wahid, stated, “Favoritism and majoritarianism are getting stronger in Indonesia. The government is not doing enough to enforce the constitution, and more and more conflicts are being solved by local agreements, which often represent the interests of the majority.” Asfinawati, chairwoman of the Indonesian Legal Aid Foundation, stated during the report’s release that “the state has been employing a repressive approach [to religious differences], which only deepens conflicts and segregation instead of ending intolerance.”

In April, the legislature resumed discussions on a draft penal code that was tabled for further discussion in September 2019 due to mass public protests. CSOs expressed concerns that the legislation might expand the blasphemy laws and other criminal sections that could be used to restrict religious freedom. On April 14, the National Alliance of Reform of the Criminal Code, a coalition of 41 CSOs, released a statement criticizing the legislature’s proposal to resume deliberations in the middle of the COVID-19 pandemic on the grounds that it would prevent meaningful public participation. The alliance was also critical of numerous provisions in the draft, including sections that might restrict religious freedom. The legislature continued discussing the proposed legislation at year’s end.

In July, the Wahid Foundation released a report documenting cases of religious freedom abuses, as defined by the foundation, that occurred from 2009 to 2018. The report found that during that period, there were 1,033 cases of abuse by state actors and 1,420 cases by nonstate actors, with the largest categories of state abuses being the restriction/closure of places of worship (163), and nonstate abuses being intimidation (205). According to the report, cases of persecution by state actors increased during the Joko Widodo administration compared to the prior administration, but nonstate and violent cases decreased.

The governors of two provinces requested the removal of translated Bibles that were available through smartphone apps. On May 28, the Governor of West Sumatra, Irwan Prayitno, sent a letter to the Minister of Communication and Information requesting the removal of an app called “The Bible in the Minangkabau Language.” Pravitno stated that the translation had made the Minangkabau people uncomfortable because it contradicted their culture. On May 30, acting Governor of Aceh Nova Iriansyah sent a letter to Google Indonesia requesting it remove an app titled “Aceh Holy Book,” a version of the Bible translated into the Acehnese language, stating it was provocative and triggered unrest in Acehnese society. In both cases, the developer chose to voluntarily remove the application from the Google Play Store. Sources stated that there was no indication that the application violated Google’s content policy or that the Ministry of Communication and Information requested the developer to remove the application.

Across the country, minority religious groups, including Muslim groups in non-Muslim majority areas, continued to state the official requirement for a specific number of supporters to build or renovate a house of worship was a barrier to construction. Members of the Jewish community stated that since their numbers nationwide were so few, it was impossible for them to build new synagogues.

Local governments did not issue permits for the construction of new places of worship even when congregations obtained the required number of applicants, since opponents of the construction sometimes pressured other congregants not to approve. In many cases, a few vocal opponents from the local majority religious affiliation were reportedly sufficient to stop construction approvals. State-recognized religious leaders in government-supported interfaith forums reportedly found ways to block aliran kepercayaan believers from constructing places of worship, largely through stringent permit requirements. Aliran kepercayaan adherents said they feared accusations of atheism if they contested such treatment in court. Christian leaders reported that local officials indefinitely delayed the approval of requests to build new churches because the officials feared construction would lead to protests. Ahmadi and Shia Muslims and Christians said they also faced problems when seeking approval to relocate to temporary facilities while a primary place of worship underwent renovation.

Local governments, police, and religious organizations reportedly tried to close religious minority groups’ houses of worship on the grounds of permit violations, often after protests from “intolerant groups,” even if the minority groups had been issued a proper permit.

Many congregations could not obtain the requisite number of nonmember signatures supporting construction of houses of worship and often faced protests from “intolerant groups” during the application process, making permits nearly impossible to obtain. Even when authorities issued permits, they halted construction on some houses of worship after facing legal challenges and public protests. Protestant and Catholic churches also reported that “intolerant groups” forced them to pay protection money if they continued operating without a permit. Some houses of worship established before the joint ministerial decree on house-of-worship construction came into effect in 2006 reportedly were still obligated to meet the requirements or face closure. Many houses of worship operated without permits in office buildings, malls, private homes, and shops.

In February, President Joko Widodo and then Minister of Religious Affairs Fachrul Razi interceded with the local government of Karimun Regency, Riau, to allow the renovation of a local Catholic church. The Saint Joseph Catholic Church had received a permit to renovate its premises in 2019, but local opposition prevented the beginning of construction. Following the intervention, construction of the Church began in April.

In February, President Joko Widodo approved the construction of an underground tunnel connecting Istiqlal Mosque, the largest mosque in Southeast Asia, with the Jakarta Cathedral. President Joko Widodo termed it the “Tunnel of Brotherhood” to represent the deep connections among the country’s religions. Construction was to occur as part of a larger renovation of Istiqlal Mosque. Cardinal Ignatius Suharyo Hardjoatmodjo, head of the Jakarta Archdiocese, stated the tunnel was a continuation of the vision of the country’s first President, Sukarno, who decided to build Istiqlal Mosque opposite the cathedral to promote a message of tolerance. Istiqlal Mosque Grand Imam Nasaruddin Umar said that one day the road separating the two houses of worships might be removed to create one large interfaith campus shared by the two congregations.

In February, local authorities in Bandung, Central Java, organized an interfaith parade that attracted more than 6,000 persons. At the conclusion of the event, officials from the local legislature, government, and police signed a document stating their intent to support religious tolerance and harmony in Bandung.

Ahmadiyya congregations faced pressure from local officials to stop reconstruction and renovations on their houses of worship. According to a complaint filed by Ahmadi Muslims in Sukabumi city, West Java, to Komnas HAM in February and March, local government, police, and military officials attempted to intimidate the Ahmadi community in order to stop renovation of the Al-Furqon Mosque. Local officials visited the site on several occasions, warning that continued renovation would cause unrest and lead to attacks. According to media reports, on March 16, local officials permanently sealed the mosque. In a similar case, on January 27, the government of Tasikmalaya city, West Java, enacted a joint decree that banned renovation of the Ahmadi Al-Aqso Mosque, as well as forbidding Ahmadis from conducting worship activities publicly or proselytizing. On April 4, local officials sealed the mosque.

On March 6, protesters rallied against the construction of a Baptist church in the Tlogosari Kulon area of Semarang city, Central Java. The church had obtained a building permit from the city government in 1998, but construction had not been completed. Following the protests, local police contacted the church and requested it suspend building for three months to avoid more protests. On September 24, the mayor of Semarang issued a new building permit for the church, and construction resumed in October. Similar protests had stopped construction of the church in August 2019.

On July 20, local officials closed a tomb built by members of the Sunda Wiwitan religious group in Kuningan Regency, West Java. Local authorities said the group had built a monument, which according to local regulations required a building permit, while members of Sunda Wiwitan said that the structure was just a tomb and thus did not require a permit. Members of Sunda Wiwitan filed a complaint with Komnas HAM, which offered to mediate between local authorities and the religious group. On August 13, local officials removed the seals on the structure and it was reopened.

According to media reports, in September, in Cikarang city, West Java, individuals protested against a Christian church and used large speakers playing Islamic chants to drown out religious services. Leaders of the protest stated the church was located in a residence that did not have a valid permit to operate as a house of worship.

On September 17, the Regent of Singkil Regency, Aceh, sent a letter to Pakpak Dairi Christian Church ordering it to stop construction on a house for the pastor of the congregation. According to the letter, the house was being built without a proper permit and threatened the religious harmony of the area. Earlier in September, the congregation sent a complaint to the local office of the Komnas HAM that said local authorities were not responding to their communications. The congregation stated that since the building was a house for the pastor, it should not require the same approval as a house of worship.

According to media reports, on September 21, government authorities in Ngastemi village in Mojokerto Regency, East Java, asked a Christian woman to stop renovating her house after they suspected she was using her home as place of worship without a permit. Reportedly, local authorities halted the renovation after they discovered one of the newly renovated windows depicted a cross.

In March, the Paramadina Center for the Study of Religion and Democracy released a research study on the 2006 joint ministerial decree on houses of worship and FKUBs. Researchers received questionnaires from 24 provincial-, 33 city-, and 110 regency-level FKUBs – approximately 30 percent of the total 548 FKUBs in the country. The study found discrepancies among FKUBs in recommending whether new houses of worship should be built. For example, the FKUB in Solo, Central Java, had received 396 requests to build houses of worship, approving them all. The FKUB in North Lampung Regency, Lampung, however, had received 47 requests and refused 38 of them. The report concluded that vagaries in the 2006 decree meant the performance of FKUBs depended on local government regulation; the membership of FKUBs was not particularly diverse and was made up mostly of older, male government employees; and the FKUB’s mission to promote interfaith dialogue and prevent religious conflict was hampered by the administrative workload related to processing requests for the construction of houses of worship.

Aliran kepercayaan followers continued to say teachers pressured them to send their children to religious education classes conducted by one of the six officially recognized religions. Minority religious groups not among the six recognized religions said that schools often allowed their children to spend religious education time in study hall, but that school officials required parents to sign documents stating their children received religious education. Ahmadi Muslim students reported religion classes on Islam focused only on Sunni teachings.

On June 12, the Regent of Gowa, South Sulawesi, implemented a Quran reading-fluency test for Muslim civil servants seeking promotion. The local regency required 76 local civil servants to read the Quran to be considered for promotion. Fourteen civil servants failed to pass the test and were told to achieve a sufficient level of fluency in six months; otherwise, they would be not be considered.

According to media reports, in April, the local government of East Lombok Regency, West Nusa Tenggara, asked the Ahmadi Muslim community there to relocate from their current temporary shelter to a new location. The community had been housed in the shelter since being displaced from their village of Gereneng by communal violence in 2018. The community refused the government request to relocate.

In Mataram, the capital of West Nusa Tenggara, 131 Ahmadi Muslims remained internally displaced in cramped apartments after a mob expelled them from their East Lombok village in 2006. According to media reports in June, the governor of West Nusa Tenggara offered to build a new apartment for the community, but as of the end of the year no progress had been made.

Although the government generally allowed citizens to leave the religion column blank on their identity cards (KTP), individuals continued to report difficulties accessing government services if they did so. Faced with this problem, many religious minority members, including those following indigenous beliefs, reportedly chose to identify as a member of an officially recognized religion close to their beliefs or reflecting the locally dominant religion. According to researchers, this practice obscured the real numbers of adherents to religious groups in government statistics. A 2017 Constitutional Court ruling allowed citizens to select indigenous faiths on their KTPs. According to media reports, in January, 450 adherents of Sapta Darma, an indigenous religious group, were able to change their KTPs to reflect their religion.

NGOs and religious advocacy groups continued to urge the government to remove the religion field from KTPs. Religious minorities reported they sometimes faced discrimination after others saw their religious affiliation on their KTPs. Members of the Jewish community said they felt uncomfortable stating their religion in public and often chose to state they were Christians or Muslims depending on the dominant religion where they lived, due to concern that local communities did not understand their religion.

Men and women of different religions who sought to marry reportedly had difficulties finding a religious official willing to perform a wedding ceremony. Some couples of different religions selected the same religion on their KTPs in order to marry legally.

Minority Muslim groups, including Ahmadis, Shia, and Gafatar, also continued to report resistance when they applied for KTPs as Muslims, effectively denying them access to public services if they could not secure KTPs.

Both the central and local governments included elected and appointed officials from minority religious groups. For example, Andrei Angouw won the December 9 election for mayor of Manado, becoming the country’s first Confucian mayor. President Joko Widodo’s new 34-member cabinet included six members of minority faiths (4 Protestants, 1 Catholic, and 1 Hindu), the same total number as during his previous administration.

Many individuals in the government, media, civil society, and general population were vocal and active in protecting and promoting tolerance and pluralism. On August 14, President Joko Widodo delivered his annual Independence Day address, during which he stressed the need for an inclusive and united society. He said, “Indeed, democracy guarantees freedom, but it is only for freedom that respects other people’s rights. No one should be self-righteous and blame others. No one should think of themselves as the most religious.” At a December 27 interfaith conference, newly appointed Minister of Religious Affairs Yaqut Cholil Qoumas stated that Ahmadi and Shia Muslims have the same protections under the law as any other citizen. Qoumas also stated that he opposed Islamic populism, which sought to use religion as a source of division and conflict, and encouraged religious differences to be resolved through dialogue rather than violence.

The MORA introduced a “Religious Moderation” campaign that sought to improve religious tolerance. In January, President Joko Widodo signed the 2020-2024 National Medium-Term Development Plan, a strategic document for the government’s overall development efforts, which included “Religious Moderation” as a goal. The national plan budgeted 21.9 trillion rupiah ($1.56 billion) for the MORA to pursue this goal from 2020 to 2024. Religious moderation was also included as a goal in the MORA’s strategic plan released in June. The principles underpinning the Religious Moderation campaign were laid out in a book published by MORA in October 2019. According to officials and civil society organizations involved in the effort, specific activities to be undertaken by the campaign were still being developed.

In September, Komnas HAM released its Standardized Norms and Regulations on the Rights to Freedom of Religion or Belief. The document is a consolidated reference guide for national and international law related to religious freedom in Indonesia, including definitions of key terms and rights.

Foreign religious workers from numerous religious groups continued to state they found it relatively easy to obtain visas, and some groups reported little government interference with their religious activities.

Police provided special protection to some Catholic churches in major cities during Sunday services and Christian holidays. Police also provided special protection to Buddhist and Hindu temples during religious celebrations.

According to the law, a marriage is legitimate if performed according to the laws of the respective religions and beliefs of the parties concerned. Religious leaders, human rights activists, and journalists stated, however, that interreligious marriage was difficult unless the groom or bride was willing to marry according to the religious rituals of only one of the two religions. Many individuals preferred to go abroad for interreligious marriage, although this option was severely limited due to COVID-19-related travel restrictions.

Legal Framework

The constitution defines the country as an Islamic republic and designates Twelver Ja’afari Shia Islam as the official state religion. The constitution stipulates all laws and regulations must be based on “Islamic criteria” and an official interpretation of sharia. The constitution states citizens shall enjoy all human, political, economic, social, and cultural rights “in conformity with Islamic criteria.”

The constitution prohibits the investigation of an individual’s ideas and states no one may be “subjected to questioning and aggression for merely holding an opinion.” The law prohibits Muslims from changing or renouncing their religious beliefs. The only recognized conversions are from another religion to Islam. Conversion from Islam may be considered apostasy under sharia, a crime punishable by death. Under the law, a child born to a Muslim father is Muslim.

By law, non-Muslims may not engage in public persuasion or attempted conversion of Muslims. The law considers these activities proselytizing and punishable by death. In addition, citizens who are not recognized as Christians, Zoroastrians, or Jews may not engage in public religious expression, such as worshiping in a church or wearing religious symbols such as a cross. The government makes some exceptions for foreigners belonging to unrecognized religious groups.

The penal code specifies the death sentence for moharebeh (“enmity against God,” which according to the Oxford Dictionary of Islam, means in Quranic usage “corrupt conditions caused by unbelievers or unjust people that threaten social and political wellbeing”), fisad fil-arz (“corruption on earth,” which includes apostasy or heresy), and sabb al-nabi (“insulting the Prophet” or “insulting the sanctities [Islam]”). According to the penal code, the application of the death penalty varies depending on the religion of both the perpetrator and the victim.

The constitution states the four Sunni schools (Hanafi, Shafi, Maliki, and Hanbali) and the Shia Zaydi school of Islam are “deserving of total respect,” and their followers are free to perform religious practices. It states these schools may follow their own jurisprudence in matters of religious education and certain personal affairs, including marriage, divorce, and inheritance.

The constitution states Zoroastrians, Jews, and Christians are the only recognized religious minorities. “Within the limits of the law,” they have permission to perform religious rites and ceremonies and to form religious societies. They are also free to address personal affairs and religious education according to their own religious canon. The government considers any citizen who is not a registered member of one of these three groups or who cannot prove his or her family was Christian prior to 1979, to be Muslim.

Since the law prohibits citizens from converting from Islam to another religion, the government only recognizes the Christianity of citizens who are Armenian or Assyrian Christians, because the presence of these groups in the country predates Islam, or of citizens who can prove they or their families were Christian prior to the 1979 revolution. The government also recognizes Sabean-Mandaeans as Christian, even though they state they do not consider themselves as such. The government often considers Yarsanis as Shia Muslims practicing Sufism, but Yarsanis identify Yarsan as a distinct faith (known as Ahl-e-Haq or Kakai). Yarsanis may also self-register as Shia to obtain government services. The government does not recognize evangelical Protestants as Christian.

Citizens who are members of one of the recognized religious minorities must register with authorities. Registration conveys certain rights, including the use of alcohol for religious purposes. Authorities may close a church and arrest its leaders if churchgoers do not register or unregistered individuals attend services. The law does not recognize individuals who convert to Christianity as Christian. They may not register and are not entitled to the same rights as recognized members of Christian communities.

The Supreme Leader (the Velayat-e Faqih, the Guardian of the Islamic Jurist), the country’s head of state, oversees extrajudicial special clerical courts, which are not provided for by the constitution. The courts, each headed by a Shia Islamic legal scholar, operate outside the judiciary’s purview and investigate offenses committed by clerics, including political statements inconsistent with government policy and nonreligious activities. The courts also issue rulings based on independent interpretation of Islamic legal sources. The constitution provides that the judiciary be “an independent power” that is “free from every kind of unhealthy relation and connection.” The government appoints judges “in accordance with religious criteria.”

The Ministry of Culture and Islamic Guidance and the Ministry of Intelligence and Security (MOIS) monitor religious activity. The Islamic Revolutionary Guard Corps (IRGC) also monitors churches.

The constitution provides for freedom of the press, except when it is “harmful to the principles of Islam or the rights of the public.”

The Ministry of Education determines the religious curricula of public schools. All school curricula, public and private, must include a course on Shia Islamic teachings, and all pupils must pass this course to advance to the next educational level, through university. Sunni students and students from recognized minority religious groups must take and pass the courses on Shia Islam, although they may also take separate courses on their own religious beliefs. To pass the university entrance examination, applicants must pass an exam on Islamic, Christian, or Jewish theology based on their official religious affiliation.

Recognized minority religious groups, except for Sunni Muslims, may operate private schools. The Ministry of Education supervises the private schools operated by recognized minority religious groups and imposes certain curriculum requirements. The ministry must approve all textbooks used in coursework, including religious texts. These schools may provide their own religious instruction and in languages other than Farsi, but authorities must approve those texts as well. Minority communities must bear the cost of translating the texts into Farsi for official review. Directors of such private schools must demonstrate loyalty to the official state religion. This requirement, known as gozinesh review, is an evaluation to determine adherence to the government ideology and system as well as knowledge of the official interpretation of Shia Islam.

The law bars Baha’is from founding or operating their own educational institutions. A Ministry of Science, Research, and Technology order requires universities to exclude Baha’is from access to higher education, or to expel them if their religious affiliation becomes known. Government regulations state Baha’is are only permitted to enroll in universities if they do not identify themselves as Baha’is. To register for the university entrance examination, Baha’i students must answer a basic multiple-choice question and identify themselves as followers of a religion other than the Baha’i Faith (e.g., Islam, Christianity, Judaism, or Zoroastrianism).

According to the constitution, Islamic scholars in the Assembly of Experts, an assembly of 86 popularly elected and Supreme Leader-approved clerics whose qualifications include piety and religious scholarship, elect the Supreme Leader. To “safeguard” Islamic ordinances and to ensure legislation passed by the Islamic Consultative Assembly (i.e., the parliament or Majles) is compatible with Islam, a Guardian Council, composed of six Shia clerics appointed by the Supreme Leader and six Shia legal scholars nominated by the judiciary, must review and approve all legislation. The Guardian Council also vets all candidates for the Assembly of Experts, President, and parliament, and supervises elections for those bodies. Individuals who are not Shia Muslims are barred from serving as Supreme Leader or President, as well as from being a member in the Assembly of Experts, Guardian Council, or Expediency Council (the country’s highest arbiter of disputes between the parliament and the Guardian Council over legislation).

The constitution bans parliament from passing laws contrary to Islam and states there may be no amendment to its provisions related to the “Islamic character” of the political or legal system, or to the specification that Twelver Ja’afari Shia Islam is the official religion.

Non-Muslims may not be elected to a representative body or hold senior government, intelligence, or military positions, with the exception of five of the 290 parliament seats reserved by the constitution for recognized religious minorities. There are two seats reserved for Armenian Christians, one for Assyrian and Chaldean Christians together, one for Jews, and one for Zoroastrians.

The constitution states that in regions where followers of one of the recognized schools of Sunni Islam constitute the majority, local regulations are to be in accordance with that school within the bounds of the jurisdiction of local councils and without infringing upon the rights of the followers of other schools.

According to the constitution, a judge should rule on a case on the basis of codified law, but in a situation where such law is absent, he should deliver his judgment on the basis of “authoritative Islamic sources and authentic fatwas.”

The constitution specifies the government must “treat non-Muslims in conformity with the principles of Islamic justice and equity, and to respect their human rights, as long as those non-Muslims have not conspired or acted against Islam and the Islamic Republic.”

The law authorizes collection of “blood money,” or diyeh, as restitution to families for Muslims and members of recognized religious minorities who are victims of murder, bodily harm, or property damage. Baha’i families, however, are not entitled to receive “blood money.” This law also reduces the “blood money” for recognized religious minorities and women to half that of a Muslim man. Women are entitled to equal “blood money” as men, but only for insurance claims where loss of life occurred in automobile accidents and not for other categories of death, such as murder. In cases of bodily harm, according to the law, certain male organs (for example, the testicles) are worth more than the entire body of a woman.

The criminal code provides for hadud punishments (those mandated by sharia) for theft, including amputation of the fingers of the right hand, amputation of the left foot, life imprisonment, and death, as well as flogging of up to 99 lashes or stoning for other crimes.

By law, non-Muslims may not serve in the judiciary, the security services (which are separate from the regular armed forces), or as public school principals. Officials screen candidates for elected offices and applicants for public-sector employment based on their adherence to and knowledge of Islam and loyalty to the Islamic Republic (gozinesh review requirements), although members of recognized religious minorities may serve in the lower ranks of government if they meet these loyalty requirements. Government workers who do not observe Islamic principles and rules are subject to penalties and may be fired or barred from work in a particular sector.

The government bars Baha’is from all government employment and forbids Baha’i participation in the governmental social pension system. Baha’is may not receive compensation for injury or crimes committed against them and may not inherit property. A religious fatwa from the Supreme Leader encourages citizens to avoid all dealings with Baha’is.

The government does not recognize Baha’i marriages or divorces but allows a civil attestation of marriage. The attestation serves as a marriage certificate and allows for basic recognition of the union but does not offer legal protections in marital disputes.

Recognized religious groups issue marriage contracts in accordance with their religious laws.

The constitution permits the formation of political parties based on Islam or on one of the recognized religious minorities, provided the parties do not violate the “criteria of Islam,” among other stipulations.

The constitution states the military must be Islamic, must be committed to Islamic ideals, and must recruit individuals who are committed to the objectives of the Islamic revolution. In addition to the regular military, the IRGC is charged with upholding the Islamic nature of the revolution at home and abroad. The law does not provide for exemptions from military service based on religious affiliation. The law forbids non-Muslims from holding positions of authority over Muslims in the armed forces. Members of recognized religious minorities with a college education may serve as officers during their mandatory military service, but they may not continue to serve beyond the mandatory service period to become career military officers.

The country is a party to the International Covenant on Civil and Political Rights, but at ratification, it entered a general reservation “not to apply any provisions or articles of the Convention that are incompatible with Islamic Laws and the international legislation in effect.”

Government Practices

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

According to numerous international human rights NGOs, the government convicted and executed dissidents, political reformers, and peaceful protesters on charges of “enmity against God” and anti-Islamic propaganda. According to Amnesty International and Voice of America (VOA), on June 10, an official told the family of Hedayat Abdollahpour, a Sunni Kurdish activist, they executed him on or about May 21 in the town of Oshnavieh. Authorities subsequently gave the family a death certificate stating he died on May 11 as a result of “being hit by hard or sharp objects,” a phrase Amnesty International had previously documented was used on certificates of deaths from gunshot wounds. Authorities had arrested Abdollahpour in 2016 in connection with an armed fight between the Kurdish Democratic Party of Iran and the IRGC. The government charged him with “taking up arms [against the government]” and “supporting a dissident group,” charges he denied. The NGO Justice4Iran reported that authorities did not notify Abdollahpour’s family members at the time of his execution, and for many months before his death, his whereabouts were unknown, which led international observers to press authorities for information on his case. At year’s end, the government still refused to disclose what it did with Abdollahpour’s remains. According to Kurdistan Human Rights-Geneva, out of the nine political prisoners executed in 2020 in addition to Abdollahpour, there were three other Sunni Kurd political prisoners charged with “enmity against God” and other vague national security charges – Mustafa Salimi, Saber Shehkh Abdullah, and Diako Rasulzadeh – and two Sunni Baluchis – Abdulbaset Dehani and Abdulhameed Baluchzahi.

According to Radio Farda and IranWire, on July 9, authorities executed in Central Mashad Prison a man social media users helped identify as Morteza Jamali, who was arrested and charged with “consumption of alcohol.” IranWire reported that Jamali’s lawyer said that he was arrested in 2017 or 2018 and had been charged with consuming alcohol on several occasions. Under the country’s Islamic penal code, consuming alcohol is a “crime against God” and the initial punishment is usually flogging. Article 179 of the code states, however, that the accused may face the death penalty after being arrested three times.

According to the U.S. Institute of Peace and multiple media reports, on February 22, a Revolutionary Court sentenced to death three young men who had participated in November 2019 antigovernment protests, which began in reaction to a government increase in fuel prices. The government charged the men with “participating in vandalism and arson with the intent to confront and engage in war with the Islamic Republic of Iran” and “enmity against God.” The reports identified the three men as Amir Hossein Moradi, Saeed Tamjidi, and Mohammad Rajabi. Amnesty International said their trial was unfair and that security forces “tortured [them] with beatings, electric shocks, and being hung upside down.” Gholam-Hossein Esmaeili, a spokesman for the country’s judiciary, confirmed the three protesters’ death sentences on July 14 and accused them of “having links with certain groups abroad.” Citizens posted items on social media using the hashtag “DoNotExecute.” On July 19, the country’s judiciary said it would suspend the executions.

CHRI reported that the government announced the execution of two Sunni Baluch prisoners, Behnam Rigi and Shoaib Rigi, in the central prison in Zahedan, in Sistan and Baluchistan Province, on December 19. On December 20, the government executed a third Baluch prisoner, Abdolbaset Khesht, who was arrested in 2012, in the central prison of Dozap, in the same province. Authorities accused the men of membership in militant Sunni Muslim groups. NGOs and press reported that three other Sunni prisoners held in Zahedan were in imminent danger of execution.

According to Iran Focus, on September 10, the Supreme Court upheld the death sentence against seven Sunni prisoners for the third time. Authorities imprisoned the inmates, Farhad Salimi, Qassem Absteh, Davood Abdollahi, Ayub Karimi, Anwar Khezri, Khosrow Besharat, and Kamran Sheikha, in the Urmia, Evin, and Rajai Shahr prisons for 11 years after arresting them in 2009. The government charged the men with “acting against national security,” “propaganda against the state,” and “moharebeh.”

According to the Kurdistan Press Agency and a Kurdish NGO, security forces arrested a Kurdish Sunni imam, Mamousta Rasoul Hamzehpour, in the city of Piranshahr on October 4. Authorities arrested Hamzehpour in his home, which they searched. The news report’s source stated that the government arrested Hamzehpur, whom the source said was regarded as one of the prominent clerics in the province, several times in the past. As of year’s end, his whereabouts and the status of his case remained unknown.

The ABC said that from January 2000 to November 2020, the government sentenced at least 237 persons to amputation and carried out the sentence in at least 129 cases. Commenting on the report, Amnesty International stated, “The real number of victims is likely to be higher as many cases are believed to go unreported.” During this period, the ABC said the government flogged at least 2,134 individuals, including at least 17 children. According to the ABC, these numbers meant that, on average, for the past 20 years authorities have amputated the fingers of at least one person every two months and flogged at least two persons every week.

According to Amnesty International, members of the intelligence unit of the IRGC arrested Yarsani Kurdish activist and documentary filmmaker Mozhgan Kavousi at her home in Noshahr, Mazandran Province, primarily in connection to her writings on social media about the November 2019 protests. IGRC intelligence officers held Kavousi in a Mazandran detention center, where she was kept in prolonged solitary confinement. Branch 1 of the Revolutionary Court of Noshahr convicted her of “spreading propaganda against the system” and “inciting people to disrupt the country’s order and security” in connection with two posts on her Instagram account about the protests and sentenced her to five years and nine months in prison. Starting in May, she was serving her sentence in Evin Prison along with 35 other women prisoners of conscience as of year’s end.

According to Amnesty International, in March and April, thousands of prisoners in at least eight prisons across the country, many in provinces containing Sunni Ahwazi Arab, Kurdish, and Azerbaijani Turkish ethnic minorities, staged protests over fears of contracting the COVID-19 virus. Prison authorities and security forces reportedly responded by using live ammunition and tear gas to suppress the protests, killing approximately 35 inmates in two prisons and injuring hundreds of others. According to reports from families of prisoners, journalists, and Ahwazi Arab human rights activists and organizations, on March 30 and 31, security forces used excessive force to quell protests, causing up to 15 deaths in Sepidar Prison and 20 in Sheiban Prison, both located in the city of Ahvaz in Khuzestan Province. Amnesty International reported that numerous videos taken from outside both prisons and shared on social media sites showed smoke rising from the buildings, while gunfire can be heard. Authorities transferred Arab minority rights activist Mohammad Ali Amourinejad and several other inmates, including prisoners of conscience serving life sentences for “enmity against God” due to having promoted educational and cultural rights for Ahwazi Arabs, out of Sheiban Prison following the unrest. At year’s end, the government continued to hold these prisoners incommunicado in an unknown location.

On October 8, ahead of the World Day against the Death Penalty, the International Federation for Human Rights (FIDH) released a report on the country’s use of capital punishment, saying it was “an indelible stain on the country’s human rights record.” According to the report’s language, “The death penalty…has often been used against members of Iran’s ethnic communities and religious minorities, especially in political cases based on moharebeh, ‘spreading corruption on Earth,’ insurrection, and other vaguely worded crimes.” According to the FIDH report, “These ethnic and religious groups have been subjected to extensive and protracted discrimination with regard to their political, civil, economic, social, and cultural rights, which has led to resentment towards the central government. Various groups have engaged in opposition activities and occasionally taken up arms in ethnic-populated regions in the past four decades. Rather than addressing their grievances, the Iranian authorities have responded with heavy-handed measures, including the implementation of the death penalty on a large scale.…Members of religious minorities [who have been targeted by executions] include some groups of Sunni Muslims in West Azerbaijan, Kurdistan, and Sistan and Baluchistan Provinces; followers of the Shia Ahl-e-Haq sect [Yarsan] in West Azerbaijan Province; and Baha’is.”

Residents of provinces containing large Sunni populations, including Kurdistan, Khuzestan, and Sistan and Baluchistan, reported continued repression by judicial authorities and members of the security services, including extrajudicial killings, arbitrary arrest, and torture in detention. They also reported discrimination (including suppression of religious rights), denial of basic government services, and inadequate funding for infrastructure projects. Iran Human Rights and other human rights activists continued to report a disproportionately large number of executions of Sunni prisoners, particularly Kurds, Baluchis, and Arabs.

On May 6, IranWire and the Unrepresented Nations and Peoples Organization (UNPO) reported security forces shot and killed two Sunni Baluchi brothers, 18-year-old Mohammad and 20-year-old Mehdi Pourian, in their home in Iranshahr, the capital city of Sistan and Baluchistan Province. Security forces also reportedly killed a 17-year-old, Daniel Brahovi, in the incident. The Iranshahr prosecutor told local media that the three were “famous and well-known miscreants” and that “weapons and ammunition were seized from them.” The families of the three deceased filed charges against the security forces involved but did not receive a response. According to one report, the local police and prosecutor threatened to kill the Pourian family if they continued to press the case.

According to the ABC, on October 14, authorities of the Office of the Borazjan City Prosecutor flogged a Christian convert, Mohammad Reza (Yohan) Omidi, 80 times for drinking communion wine. Authorities released Omidi from Evin Prison in August after he served two years on charges of “establishing home churches” and “promoting Zionist Christianity.” In September, he moved to Borazjan in Bushehr Province to serve a two-year term of internal exile. The Revolutionary Court of Tehran sentenced Omidi and fellow members of the Church of Iran denomination Yussef Nadarkhani, Zaman (Saheb) Fadai, and Mohammad Ali (Yasser) Mosayebzadeh to 10 years in prison each in 2017. At a retrial in June, a court reduced Nadarkhani and Fadai’s sentences to six years each and Omidi’s sentence to two years. On November 15, according to UK-based Article 18, an NGO focused on religious freedom in Iran, authorities summoned Fadai to the Shahid Moghadas Revolutionary Court, where he received 80 lashes for drinking communion wine.

Human rights NGOs, including CHRI, HRANA, and the official website of Gonabadi Sufi dervishes, Majzooban Noor, reported throughout the year on extremely poor conditions inside Qarchak Prison for Women, including reports of Shia guards requiring all inmates, regardless of their faith, to use a chador as their head-to-toe covering.

According to human rights activists, the government continued to target Christians who converted from Islam, using arbitrary arrests, physical abuse, and other forms of harsh treatment. Article 18 reported that on January 12, authorities arrested Christian convert Fatemeh (Mary) Mohammadi during protests in central Tehran and took her to Vozara detention center, where male and female prison guards beat her so badly that she carried visible bruises for three weeks. Detention center staff forced her to sit outside in extremely cold temperatures, withheld food until 24 hours after her arrest, and strip-searched her. They transferred Mohammadi to Qarchak Prison, where her bail was set at approximately 95 million rials ($2,300), equivalent to more than the annual salary of the average Iranian. Mohammadi had already served six months in prison for her Christian activities on charges of “action against national security” and “propaganda against the system.” According to VOA, on April 21, Mohammadi told her Instagram followers that she spent 46 days in “terrible conditions” during her detention. She said authorities sentenced her to three months in prison and 10 lashes for participating in the January protests but suspended punishment for one year, allowing her to remain free.

In a July report, the UN special rapporteur on the situation of human rights in the Islamic Republic of Iran, Javaid Rehman, expressed concern at the reported high number of political prisoners and prisoners of conscience from the Azerbaijani-Turk, Kurdish, and Ahwazi Arab communities, many of whom were from religious minorities.

On May 6, Amnesty International reported that Hossein Sepanta, a prisoner in Adel Abad Prison in Shiraz, was critically ill because authorities denied him proper treatment for a spinal-cord disorder. CHRI had reported in 2019 that in response to his hunger strike, prison authorities had transferred Sepanta, a convert from Islam to Zoroastrianism, to the “punishment unit” of Adel Abad Prison. According to a source inside the prison, an interrogator severely beat Sepanta, after which he had problems keeping his balance when walking. Sepanta began serving a 14-year sentence in 2013 on charges of “propaganda against the state” and “assembly and collusion against national security.”

According to human rights activists, Baluchis faced government discrimination both as Sunni religious practitioners and as an ethnic minority group. Baluchi rights activists reported continued arbitrary arrests, physical abuse, and unfair trials of journalists and human rights activists. They reported authorities often pressured family members of those in prison to remain silent. The UN Office of the High Commissioner for Human Rights (OHCHR) and Amnesty International called on authorities to suspend the execution of a Baluchi man, Javid Dehghan, who had been forced to confess under torture that he was a member of a Salafi terrorist group called Jaish ul-Adl and fatally shot two IRGC agents in an ambush in 2015. According to OHCHR, there was a series of “at least 28” executions in December in the country. An OHCHR spokesperson said, “This has included a series of executions of members of ethnic and religious minority groups – in particular, Kurdish, Ahwazi Arabi, and Baluchi communities.”

According to IranWire, on December 15, Ayatollah Mahmoud Amjad, who criticized the government many times in the past, released a video protesting the government’s execution of a dissident journalist and blaming Supreme Leader Ali Khamenei for the bloodshed in the country since 2009. He also called on fellow clerics and religious scholars not to remain silent about the violence.

The government continued to incarcerate numerous prisoners on various charges related to religion. The Iran Prison Atlas, a database compiled by the U.S.-based NGO United for Iran, stated at least 60 members of minority religious groups remained imprisoned for being “religious minority practitioners.” Of the prisoners in the Atlas database, the government sentenced at least 25 to long-term imprisonment or executed them on charges of “enmity against God” or a charge referring to groups taking arms against the government (baghi), which officials sometimes used in recent years instead of “enmity against God.” Authorities sentenced at least 43 persons to prison for “insulting the Supreme Leader and Ayatollah Khomeini,” and at least 13 for “insulting the Prophet or Islam.”

On May 28, Radio Farda reported police in Khuzestan Province said they arrested “14 agents of takfiri and separatist groups.” The report said that authorities used takfiri as an umbrella term to refer to Sunni dissident groups and Sunni individuals. Police accused those arrested of shooting at government buildings and raising the flag of dissident groups around the city.

On November 22, NGOs and several media outlets reported that authorities raided the homes of dozens of Baha’i’s across the country in “simultaneous operations.” Security agents possessing vaguely worded search warrants confiscated personal effects, mobile telephones, computers, laptops, and religious books and pictures. In some cases, agents also reportedly confiscated cash and national identity cards. Some of the Baha’is whose homes were searched had previously served prison sentences, including Afif Naeimi, a member of the former leadership body of the country’s Baha’i community, who was freed in 2018 after serving a 10-year sentence, and Riaz Sobhani and Shahrokh Taef, who each had served four-year sentences in Rajaei Shahr Prison.

Human rights NGOs reported poor prison conditions and mistreatment of religious minorities held in government prisons. On September 26, VOA reported that since August, authorities denied a Gonabadi Sufi dervish, Benham Mahjoubi, medical treatment, including medication provided by his family, for a panic disorder, and forcibly transferred him from Evin Prison to the Razi Aminabad psychiatric hospital in Tehran. Amnesty International stated that authorities subjected Mahjoubi to torture and gave him injections of an unknown substance on multiple occasions against his will. Mahjoubi’s wife posted on social media that authorities transferred him to the facility after he was paralyzed in a fall. According to VOA, the government had arrested Mahjoubi for taking part in street protests in Tehran in 2018, along with 300 other Gonabadi Sufi dervishes who had been demanding the release from house arrest of their leader, Dr. Noor Ali Tabandeh (who subsequently died on December 24, 2019).

In May, Gonabadi dervish Reza Yavari told VOA that authorities forced him to relocate to the northeastern town of Taybad, in Razavi Khorasan Province, to start a two-year sentence of internal exile following his April 1 pardon and release from a prison in the southwestern city of Ahvaz, capital of Khuzestan Province. Yavari, a native of Khuzestan who was studying at a Tehran university prior to his 2018 detention, accused authorities of acting illegally by forcing him into internal exile after granting him a pardon. Yavari told VOA that 38 other dervishes had also been forced into internal exile and expressed concern about the government’s ongoing imprisonment of eight other dervish activists who were among more than 300 dervish community members arrested for involvement in antigovernment protests in Tehran in 2018. In August, four dervishes whom the government sentenced to internal exile told VOA that they rejected the claim made by a government representative in a press briefing that the government did not maintain a predetermined list of destinations for internal banishment. The four men said that the government sends released prisoners to live in poor towns, with harsh climates, far from the country’s population centers and their homes.

According to the human rights NGO Hengaw, in late September, government security services arrested three Kurdish religious activists, Syawash (Forat), Behzad Talayi, and Farshad Fatahi in Urmia, West Azerbaijan Province. The government transferred the men to Urmia Central Prison on October 14. According to the NGO, the government arrested the three individuals because of religious activities and “propaganda” on behalf of “Islamic extremist groups.”

There continued to be reports of arrests and harassment of Sunni clerics and congregants. According to a June report by the online news source Balochwarna News, Sunni cleric Molavi Fazl al-Rahman Kouhi remained in prison in the northeastern city of Mashhad on the orders of a special clerical court that summoned and jailed him in November 2019 following nationwide antigovernment protests after a sharp increase in gasoline prices. Kouhi served as the Friday prayer leader for the town of Pashamagh, inhabited mostly by Baluchi Sunnis. The court summoned and jailed him days after he gave a sermon criticizing the country’s Shia-dominated government for violently suppressing the protests. According to the report, Kouhi’s sermon described the crackdown as un-Iranian, un-Islamic, and inhumane. Abdol Sattar Doshoki, an exiled Sunni rights activist, said that the government’s apparent arbitrary detention of an outspoken Sunni cleric was the latest sign of a bleak future for the country’s Sunni Muslim minority.

Balochwarna News reported that security forces arrested Molawi Mohammad Qalandarzai, a Sunni imam, on February 27 at his home in Zahedan.

Iran Focus stated that during the year, the government increased its persecution of Sunnis in the parts of the country that have large Sunni populations. The website stated that human rights groups reported that authorities summoned, interrogated, and arrested several Sunni religious teachers, students, and civil activists during the month of Ramadan, which began in late April. Authorities detained at least 10 Sunnis in Sanandaj in Kurdistan Province. According to other reports, the Sanandaj Intelligence Agency summoned Ali Moradi, a Sunni cleric, and his son Mohammad at the beginning of Ramadan. On April 22, the IRGC summoned and interrogated Maktoom Askani, a Sunni activist in Zahedan in Sistan and Baluchistan Province. The Zahedan Revolutionary Guards Corps summoned and arrested Abdul Rauf Dashti, another Sunni activist. In late April, the Human Rights News Agency reported that MOIS summoned and interrogated Shahdad Zehi, a Sunni cleric in Sarbaz in Sistan and Baluchestan Province. On May 21, the Baluch Activists Campaign said that the Zahedan Revolutionary Guards Corps summoned and interrogated Akram Kuhi, the temporary head of Friday prayers in Peshamag village. The reports said that after the IRGC officials asked Kuhi about the employees, teachers, and students at a local religious school, they summoned and interrogated four other Sunnis from the school in September.

NGOs reported that as of October 27, there were 38 Baha’is – 16 men and 22 women – in prison. Twenty-six of them – 19 women and seven men – were placed there in 2020. NGOs reported that it was not clear whether holding twice as many women as men was accidental or whether it marked the beginning of a trend designed to apply additional pressure on the Baha’i community. In Shiraz, authorities summoned 26 Baha’is for a criminal hearing on October 5.

According to Iran Press Watch (IPW), on December 24, Branch 2 of the Bandar Abbas Revolutionary Court sentenced eight Baha’is for “gathering and colluding with the intent to disrupt the security of the country.” Six Baha’is received two-year prison sentences and two received one-year prison sentences. The court banned them from membership in political and social parties and groups, including Baha’i banquets and gatherings, for a period of two years and sentenced them to five sessions of “counseling on sectarian issues.”

According to press reporting, on September 7, a court in southern Khorasan Province sentenced eight Baha’is – six women and two men – to prison for “membership in the illegal Baha’i organization, which is a threat to national security.” Authorities arrested the eight during a celebration of a Baha’i holiday. The court gave the defendants – Ataollah Melaki, Attiyeh Salehi, Saeed Melaki, Roya Melaki, Nasrin Ghadiri, Arezou Mohammadi, Farzaneh Dimi, and Banafshe Mokhatari – sentences ranging from 15 months to two years’ imprisonment. Some of these individuals wrote letters to Birjand judicial authorities requesting a delay in starting their sentences due to the rampant spread of COVID-19 in prisons. Authorities denied their requests, however, and the group began serving their sentences on October 20.

On June 8, the Baha’i International Community (BIC) reported that in the weeks leading up to that date, authorities summoned 55 Baha’is to court in Shiraz, Birjand, Karaj, and Kermanshah, trying and sentencing 26 of them; summoned 11 Baha’is to prison in Shiraz, Ghaemshahr, and Birjand; arrested three Baha’is in Yazd; and arrested two Baha’is in Isfahan, releasing them shortly thereafter. In a court hearing in Shiraz, a court official threatened to “uproot” the Baha’is in the city.

The Kurdistan Human Rights Network reported that on September 17, security forces arrested brothers Salar Ghazali and Saman Ghazali, holding them in a MOIS detention center for 75 days before transferring them to Mahabad Prison. In mid-December, Branch 1 of the Mahabad Revolutionary Court tried them for “acting against national security through membership in a Kurdish opposition party” and “propaganda against the state.”

Activists and NGOs reported that Yarsani activists and community leaders continued to be subjected to detention or disappearance for engaging in awareness-raising regarding government practices or discrimination against the Yarsani community.

IPW and IranWire reported that on May 2, IRGC agents raided the Isfahan homes of three Baha’is, Shahzad Hosseini, his son Shayan Hosseini, and Shahzad’s mother. Security personnel then arrested Shayan Hosseini and transferred him to an unknown location. According to a close relative of Shayan, during the raids, agents searched for small wooden boxes that the families used to store prayer books.

Non-Armenian Christians, particularly evangelicals and other converts from Islam, continued to experience disproportionate levels of arrests and detentions and high levels of harassment and surveillance, according to Christian NGOs. Human rights organizations and Christian NGOs continued to report authorities arrested Christians, including members of unrecognized churches, for their religious affiliation or activities, and charged them with “operating” illegally in private homes or supporting and accepting assistance from “enemy” countries. Many arrests reportedly took place during police raids on religious gatherings and included confiscation of religious property. News reports stated authorities subjected arrested Christians to severe physical and psychological mistreatment, which at times included beatings and solitary confinement. According to human rights NGOs, the government also continued to enforce the prohibition against proselytizing.

On May 28, authorities summoned Hossein Kadivar, Khalil Dehghanpour, Kamal Naamanian, and Mohammed Vafadar to begin serving five-year prison sentences. The government arrested the men in early 2019 before releasing them on bail. The four men were among nine Christian converts belonging to the Church of Iran denomination arrested over a four-week period, accused of endangering state security and promoting Zionism. The government transferred the other five converts, who were unable to afford bail, to Evin Prison shortly after their 2019 arrests. In late 2019, a court convicted all nine of “acting against national security” and sentenced them to five years’ imprisonment. A court upheld the sentences on appeal in February.

In July, a court convicted seven of eight Christian converts arrested in Bushehr in 2019 of “propaganda against the regime.” One of the Christians, Sam Khosravi, received a one-year prison term followed by two years of internal exile. The court fined Maryam Falahi, his wife, who worked as a nurse, 80 million rials ($1,900) and banned her from working in a public institution. After their sentencing, a court ruled that as Christians, the couple were not fit to raise their daughter, whom they adopted as an infant in early 2019 and whom the court viewed as a Muslim. In September, an appeals court upheld that decision, despite the daughter’s physical disabilities, which, according to the judge, made her chances at another family adopting her “zero.”

On January 11, a court sentenced Anglican convert Ismaeli Maghrebinejad to three years’ imprisonment for “insulting sacred Islamic beliefs” after he responded with a smiley emoji to a joke seen as critical of ruling clerics that had been texted to him on his cell phone. On February 27, a court sentenced him to two years’ imprisonment on a separate charge of “membership in a group hostile to the regime” (“evangelical Zionism,” according to court documents) for receiving a Bible verse sent over a cell phone app. In May, a court upheld the February verdict and added a one-year prison sentence for “propaganda against the regime.” In July, a court overturned on appeal his three-year sentence for “insulting sacred Islamic beliefs,” but upheld the other two sentences. Authorities arrested Maghrebinejad in early 2019 in Shiraz. In late 2019, authorities dropped a charge of apostasy that they brought against Maghrebinejad at the time of his arrest.

In February, authorities in Rasht arrested four Christian converts, Ramin Hassanpour, his wife Saeede (Kathrin) Sajadpour, Hadi (Moslem) Rahimi, and Sakine (Mehri) Behjati, for being members of a house church belonging to the Church of Iran. On May 14, the Revolutionary Court in Rasht initially set bail at five billion rials each ($119,000). The government transferred the four to Lakan Prison, near Rasht, when they were unable to post bail. A week later, the court reduced the bail to two billion rials each ($47,600) and released Sajadpour, Rahimi, and Behjati on May 20 and Hassanpour on May 21. On August 1, a court handed down prison sentences to the four for “acting against national security” by belonging to a house church and “spreading Zionist Christianity.” Hassanpour received a five-year sentence, Rahimi four years, and Behjati and Sajadpour two years each.

After the cancellation of several court sessions connected with appeals of their 2017 and 2018 convictions and respective 10- and five-year sentences relating to “illegal church activity,” Victor Bet Tamraz, who formerly led the country’s Assyrian Pentecostal Church, and his wife, Shamiram Isavi, learned in early August that their appeals had been denied and that authorities would schedule no further hearings. On August 11, Isavi received a summons to report to Evin Prison to begin her prison sentence. On August 15, the couple fled the country. In September, Article 18 reported that Christian converts Kavian Fallah-Mohammadi, Hadi Asgari, and Amin Afshar-Naderi, who had received prison sentences in 2017 alongside Bet Tamraz, also fled the country after their appeals were rejected. In January, authorities summoned Ramiel Bet Tamraz, the son of Victor Bet Tamraz and Shamiram Isavi, to Evin Prison to serve his four-month sentence from 2018 for “propaganda against the system” through membership in a house church. Authorities released him from prison on February 26.

According to Article 18, authorities extended the two-year internal exile of Ebrahim Firouzi by 11 months. The government released Firouzi, a Christian convert, from Rajai Shahr Prison in 2019 after he served six years in prison for “collusion against national security” for converting to and practicing Christianity and related missionary activities. After he reported to the city of Sarbaz for the two years of internal exile included in his sentence, authorities extended his exile, saying that Firouzi did not have proper permission for a brief trip home to attend to some family business involving the death of his mother. After Firouzi’s exile was extended, a local prosecutor summoned him on new charges of “insulting the sacred,” which carries a maximum five-year sentence, and “propaganda against the state through promoting the Christian faith,” which may be punished with up to a year in prison. After meeting Firouzi, the prosecutor dismissed the case.

On November 18, at a virtual conference hosted by the International Organization to Preserve Human Rights regarding the “attitude of the Islamic Republic of Iran towards the different religious groups,” an Article 18 representative said that 17 Christian prisoners of conscience, all converts, were incarcerated in Tehran’s Evin Prison.

In April, authorities arrested Masoud Heydari and Hamid Haghjoo, the managing director and the Telegram channel administrator at the semiofficial Iranian Labor News Agency (ILNA), following the posting of a cartoon mocking COVID-19 remedies prescribed by religious leaders. ILNA officials denied publishing the cartoon and said they were falsely accused. Police released Heydari on bail while detaining Haghjoo pending an investigation into the case. There were no updates as of year’s end.

The government continued to permit Armenian Christians to have what sources stated were perhaps the greatest leeway among religious minorities in the country. It extended preservation efforts to Armenian holy sites and allowed nationals of Armenian descent and Armenian visitors to observe religious and cultural traditions within their churches and dedicated clubs.

According to the BBC Persian service, on October 29, the Qom Seminary Teachers Association labeled Grand Ayatollah Kamal Heidari a “liar,” “sinner,” and “foreign agent,” and decreed that any dealings with him would be considered a “sin.” The association excommunicated Heidari and labeled him a “seditionist” for his modernist and rationalist views.

In a January 28 report to the UN Human Rights Council, the special rapporteur on the situation of human rights in the Islamic Republic of Iran said he was “deeply concerned” about a bill adopted by the Committee for Judicial and Legal Affairs of parliament in 2019 on “misguided sects” that would criminalize membership in religious groups that the government considered to be “misguided.” The special rapporteur stated, “According to a member of the Committee, the bill was proposed because of concerns about sects that have no jurisprudential or religious status but attribute their belief to Islam and about the cults that have emerged recently. Members of nonrecognized religious minorities have expressed concern that passage of the bill would make it a criminal offence to follow certain religions and could be used to increase discrimination against them.”

In May, parliament passed the legislation on “misguided sects” in the form of amendments to articles 499 and 500 of the Islamic Penal Code. The legislation stated that those found guilty of “deviant psychological manipulation” or “propaganda contrary to Islam” could be labeled as members of a “sect” and punished with imprisonment, flogging, fines, or the death penalty. A human rights lawyer living in Europe stated, “The law should protect citizens, including Christian converts and Baha’is, against the government, but in Iran the law has become a tool to justify the government’s violent treatment of converts and other unrecognized minorities.” The NGO Article 18 reported that the Guardian Council, which must approve all parliamentary bills, returned the bill to parliament in July, seeking eight clarifications, the majority of which related to “ambiguous” language. An Article 18 official cautioned that the legislation would still likely to return in a “different, perhaps more minimal, form.” ARTICLE 19, another human rights NGO based in the UK, reported that in November, it was believed that parliament addressed issues raised by the Guardian Council, but the specific changes were not publicly released. The NGO said the proposed amendments, regardless of any changes, would “further erode the rights to freedom of expression and freedom of religion and belief.”

According to the U.S. Institute of Peace, the government continued to monitor statements and views of senior Shia religious leaders who did not support government policies or Supreme Leader Ali Khamenei’s views. According to international media, authorities continued to target Shia clerics with arrest, detention, funding cuts, loss of clerical credentials, and confiscation of property. On September 5, IranWire reported that in late 2019, authorities arrested Einollah Rezazadeh Juibari, a Shia cleric, at his home as preparations began for the 40th day commemorations of the deaths of protestors killed by government forces in the November 2019 protests. Authorities first detained Juibari, a critic of the government who was repeatedly arrested in the past, at a detention center in Urmia before taking him to a prison in Miandoab, where he undertook a 13-day hunger strike before being released. IranWire reported that Juibari, whose case remained open at year’s end, had written a letter stating that he would remove his clerical garments and clerical turban for good, because such clerical attire needed to be “excised from politics.” His letter also said that the government had “used Islamic jurisprudence as a pretext for a power grab” and that it had “sacrificed the truth and authority of the Shia faith with [its] greed.”

Critics stated the government continued to use extrajudicial special clerical courts to control non-Shia Muslim clerics as well as to prosecute Shia clerics who expressed controversial ideas and participated in activities outside the sphere of religion, such as journalism or reformist political activities.

The BBC Persian service and the Times of Israel reported authorities confirmed to local media that a California-based Zoroastrian priest, Arash Kasravi, was killed on July 25 while attending his father’s funeral in Kerman. BBC Persian reported on August 2 that the Kerman Province prosecutor told local media that the killer’s body was one of two others found with Kasravi and that he had committed suicide after the killings. The prosecutor said the judiciary believed the killings were financially motivated, since $10,000 was found in one of the victims’ vehicles. A social media post said that, following the 1979 revolution, many Zoroastrians have been targeted in these types of “mysterious homicides.”

Sources said that even when arrested, perpetrators of crimes against Baha’is faced reduced punishment if they stated that their acts were based on the religious identity of the victim.

There were continued reports of authorities placing restrictions on Baha’i businesses or forcing them to shut down after they temporarily closed in observance of Baha’i holidays, or of authorities threatening shop owners with potential closure, even though by law, businesses may close without providing a reason for up to 15 days a year. NGOs also reported the government continued to raid Baha’i homes and businesses and confiscate private and commercial property, as well as religious materials.

The government continued to hold many Baha’i properties it had seized following the 1979 revolution, including cemeteries, holy places, historical sites, and administrative centers. It also continued to prevent Baha’is from performing burials in accordance with their religious tradition. According to the Iran Human Rights Documentation Center (IHRDC), authorities routinely prevented the burial of deceased Baha’is from Tabriz at the local Vadi-i-Rahmat Cemetery. Instead, they often sent the remains for burial in Miandoab, 100 miles away, where authorities did not permit the families to wash the bodies and perform Baha’i burial rites. The IHRDC noted that Baha’i religious practice requires the deceased be buried at a location within an hour’s travel time from the place of death; however, the travel time between Tabriz and Miandoab is approximately 2.5 hours. According to the report, authorities at the cemetery, the Tabriz City Council, and the Eastern Azerbaijan provincial government said they were executing orders prohibiting the burial of Baha’is in Tabriz, but none of those offices claimed responsibility for issuing the order.

BIC reported that it learned in July that the Baha’i cemetery in Taft, Yazd Province, which the government had confiscated shortly after the 1979 revolution, was being divided and sold. According to BIC, the judiciary endorsed the confiscation of all property owned by Baha’i residents in the village of Ivel, Mazandaran Province, on the grounds that Baha’is have “a perverse ideology” and therefore have no “legitimacy in their ownership” of any property.

According to BIC, the government’s anti-Baha’i rhetoric increased markedly in recent years.

According to human rights organizations, Christian advocacy groups, and NGOs, the government continued to regulate Christian religious practices. Official reports and media continued to characterize Christian private churches in homes as “illegal networks” and “Zionist propaganda institutions.” Christian community leaders stated that when authorities learned Assyrian church leaders were baptizing new converts or preaching in Farsi, they closed the churches. NGOs report that virtually all Farsi-language churches in Iran were closed between 2009 and 2012. In 2019, Radio Farda reported, “Christians from Iran’s historic Assyrian and Armenian communities are a recognized minority who are usually able to freely practice their faith, providing they don’t open their doors to Muslim-born Iranians by holding services in Persian.” Authorities also reportedly barred unregistered or unrecognized Christians from entering church premises and closed churches that allowed the latter to enter.

Christian advocacy groups continued to state the government, through pressure and church closures, eliminated all but a handful of Farsi-language church services, thus restricting services almost entirely to the Armenian and Assyrian languages. Security officials monitored registered congregation centers to perform identity checks on worshippers to confirm non-Christians or converts did not participate in services. In response, many Christian converts reportedly practiced their religion in secret. Other unrecognized religious minorities, such as Baha’is and Yarsanis, were also forced to assemble in private homes to practice their faith in secret.

The government continued to require all women to adhere to “Islamic dress” standards in public, including covering their hair and fully covering their bodies in loose clothing – an overcoat and a hijab or, alternatively, a chador (full body length semicircle of fabric worn over both the head and clothes). Although the government at times eased enforcement of rules for such dress, it also punished “un-Islamic dress” with arrests, lashings, fines, and dismissal from employment. The government continued to crack down on public protests against the compulsory hijab and Islamic dress requirements for women.

On November 9, Branch 28 of the Supreme Court rejected an appeal by women’s right activist Saba Kord-Afshari of her 24-year prison sentence, which she received in August 2019, on a set of charges relating to her protesting the compulsory hijab. As a result, she faced a minimum of 15 years in prison, the sentence associated with the most serious charge against her, “spreading corruption.” In July, Amnesty International said authorities forced Kord-Afshari to wait a year following her 2019 arrest before allowing her to make her first hospital visit on June 29 for pre-existing gastrointestinal problems that were exacerbated in prison. Amnesty International also said the doctor failed to conduct a comprehensive examination of Kord-Afshari and referred her for future colonoscopy, endoscopy, and ultrasound procedures. VOA reported that Kord-Afshari was told that she could not have the procedures because of her late hospital arrival and her lack of funds for payment. As a result, Kord-Afshari’s health problems worsened since the government transferred her to Evin Prison in August 2019, the source added.

In December, authorities summoned Nasrin Sotoudeh, a prominent female human rights lawyer and 2012 winner of the European Parliament’s Sakharov Prize, back to prison one month after her release due to health complications she manifested in prison. The government arrested Sotoudeh multiple times since 2009 because of her work as a rights defender. Most recently, authorities arrested her in 2018 as a result of what Amnesty International described as her “peaceful human rights works, including her defense of women protesting against Iran’s forced-hijab laws.” A court sentenced her to 33 years in prison and 148 lashes in 2019. At year’s end, she remained confined to Qarchak Prison.

The government continued to suppress public behavior it deemed counter to Islamic law, such as dancing and men and women appearing together in public.

Authorities reportedly continued to deny the Baha’i, Sabean-Mandaean, and Yarsani religious communities, as well as other unrecognized religious minorities, access to education and government employment unless they declared themselves as belonging to one of the country’s recognized religions on their application forms.

Public and private universities continued to deny Baha’is admittance and to expel Baha’i students once their religion became known. On November 1, Iran International and HRANA reported that authorities barred from higher education at least 17 Baha’is who participated in the year’s nationwide university entrance examinations, despite their being academically qualified. As in previous years, the government organization responsible for holding university entrance exams and for placing students, the Sazeman-e Sanjesh, used pretexts such as “incomplete information” and “further investigation required” to reject Baha’i applicants. A November 2 Radio Farda report stated, “The real number of Baha’i students unable to access… degrees is likely much higher,” noting that officials rejected 70 Baha’i students in 2017. IranWire said that the banning of Baha’is from entering higher education began in 1980 and that this was the 40th consecutive year the government denied its own citizens access to higher education because of their religious beliefs.

In January, the UN special rapporteur on the situation of human rights in the Islamic Republic of Iran reported to the UN Human Rights Council that he remained “highly concerned about the denials of the right to education for religious minorities, with continuing reports of Baha’i students being rejected from entering university despite passing the required examinations.”

On September 11, Radio Farda reported that new Minister of Education Mohsen Haji Mirzaei, apparently in response to an account published two days earlier by a human rights organization, said, “It is forbidden for them [Baha’is] to study in schools.” Mirzaei was referring to the organization’s claim that authorities had ordered Saadet High School in the city of Semnan to refuse enrollment to student Borna Pirasteh in the third year of high school because of her Baha’i faith.

A Sabean-Mandaean resident of Bandar-e Mahshahr, Khuzestan Province told IranWire in October that law enforcement personnel regularly harassed his community. The man said that authorities regularly demanded bribes from Sabean-Mandaean goldsmiths. Another Sabean-Mandaean goldsmith stated that police worked with known thieves to victimize Sabean-Mandaean-owned jewelry shops.

In January, NGOs and press reported that the state-issued national identity card required for almost all government and other transactions would henceforward only allow citizens to register as belonging to one of the country’s recognized religions. According to CHRI, “anyone applying for the card who is not of the official Muslim faith or one of three religious minorities recognized in the…constitution (Christianity, Judaism or Zoroastrianism) will have to either lie and check the required box on the application for one of those religions, or not receive the card.” Previously, application forms for the ID card had an option for “other religions.” The card is used for all government services, banking activities, and the vast majority of other transactions. CHRI stated the policy “will blatantly discriminate against Baha’is as well as members of the Mandaean, Yarsani, and other unrecognized minority faiths in the country.” A report by Deutsche Welle stated that since Baha’is were forbidden by their faith to lie about their religion, they were unable to apply for new identity cards and obtain official identification.

In a July 21 report to the UN General Assembly, the special rapporteur stated that he “remains deeply concerned at the continued discrimination against ethnic and religious minorities. Changes to the national identity card application process reportedly hinder minority religious groups from gaining access to several essential services. The application form had previously listed ‘other’ as a religious option. In January, the National Organization for Civil Registration reported that this option had been removed, meaning individuals could only choose from the four officially recognized religions. The removal of ‘other’ raised fears that nonrecognized religious groups, such as Baha’is, Christian converts, Yarsanis, Sabean-Mandaeans and nonbelievers, would be unable to obtain a national identity card, which is necessary to gain access to government and banking services.”

According to a December 4 report by IranWire, the government issued a memorandum to the country’s provincial judiciary heads regarding the supervision of lawyers. Describing the expansion of a “security umbrella” over practicing attorneys, the government letter said it had established a new General Office for the Supervision of Lawyers to receive any reports of transgressions by members of the legal profession, in addition to the work already carried out by the Bar Association. Possible issues cited in the memorandum included non-observation of the mandatory hijab by female lawyers at work or on social media, or doubts about a given lawyer’s commitment to Islam, the Islamic Republic, or the principle of Supreme Leader. According to IranWire, this new office “will intimidate, silence, and push some lawyers out of the profession, while forcing others to align with the state’s principles, leading to an atrophy of justice.”

According to BIC, the government continued to ban Baha’is from participating in more than 25 types of work, many related to food industries, because the government deemed Baha’is “unclean.”

Members of the Sunni community continued to dispute statistics published in 2015 on the website of the Mosques Affairs Regulating Authority that stated there were nine Sunni mosques operating in Tehran and 15,000 across the country. Community members said the vast majority of these were simply prayer rooms or rented prayer spaces. International media and the Sunni community continued to report authorities prevented the building of any new Sunni mosques in Tehran. Sunnis said there were not enough mosques in the country to meet the needs of the population. Three news sources opposed to the government stated that Sunnis were not allowed to have a mosque in Tehran.

On May 25, the Deutsche Welle Persian service reported that Mohammad Baqer Tabatabai, an advisor to the Razavi Khorasan Guidance Office, referred to the Maki Mosque in Zahedan, the country’s largest and most culturally significant Sunni mosque, as a “house of corruption” on his Twitter account and called for its destruction. He deleted his tweet after public protest. Maki Mosque was built in 1353 in Zahedan, the capital of Sistan and Baluchistan Province. It is religiously and culturally significant to the Sunni Baluch minority, which reportedly contributed to the upkeep of the building independently from the central government.

Because the government barred them from building or worshiping in their own mosques, Sunni leaders said they continued to rely on ad hoc, underground prayer halls, or namaz khane, the same term used by Christian converts for informal chapels or prayers rooms in underground churches, to practice their religion. Security officials continued to raid these unauthorized sites.

MOIS and law enforcement officials reportedly continued to harass Sufis and Sufi leaders. Media and human rights organizations reported continued censorship of the Gonabadi order’s Mazar Soltani websites, which contained speeches by the order’s leader, Noor Ali Tabandeh, and articles on mysticism.

International media and NGOs reported continued government-sponsored propaganda aimed at deterring the practice of or conversion to Christianity. According to Mohabat News, the government routinely propagated anti-Christian publications and online materials, such as the 2017 book Christian Zionism in the Geography of Christianity.

According to members of the Sabean-Mandaean and Yarsan religious communities, authorities continued to deny them permission to perform religious ceremonies in public and to deny them building permits for places of worship. A member of the Sabean-Mandaean community in Ahvaz, whom IranWire identified as “Selim,” said, “The Mandaeans of Ahvaz are not allowed to be buried in the public cemetery.” On December 31, Radio Farda reported, “destroying graves and tombstones of minorities and dissidents, including Baha’is and Yarsanis, [has] formed a part of the daily life of the supporters of the Islamic Republic.” According to the report, security forces warned Baha’is that they no longer had the right to bury their dead in many cities, including Gilavand, Tabriz, Kerman, and Ahvaz.

Yarsanis reported continued discrimination and harassment in the military and in school systems. They also continued to report the birth registration system prevented them from giving their children Yarsani names. According to a February article in U.S. Institute of Peace’s Iran Primer, “The regime has discriminated against the group by cracking down on Yarsani places of worship, religious monuments, religious speech, publications, education and communication in Kurdish. Yarsanis have also had difficulty finding employment and faced arrest and interrogation by Iranian intelligence.”

According to the Tehran Jewish Committee, five Jewish schools and two preschools continued to operate in Tehran, but authorities required their principals be Muslim. The government reportedly continued to allow Hebrew language instruction but limited the distribution of Hebrew texts, particularly nonreligious texts, making it difficult to teach the language, according to the Jewish community.

According to Christian NGOs, government restrictions on published religious material continued, including confiscations of previously available books about Christianity, although government-sanctioned translations of the Bible reportedly remained available. Government officials frequently confiscated Bibles and related non-Shia religious literature and pressured publishing houses printing unsanctioned non-Muslim religious materials to cease operations. Books about the Yarsani religion remained banned. Books published by religious minorities, regardless of topic, were required to carry labels on the cover denoting their non-Shia Muslim authorship.

Sunni leaders continued to report authorities banned Sunni religious literature and teachings from religion courses in some public schools, even in predominantly Sunni areas. Other schools, notably in the Kurdish regions, included specialized Sunni religious courses. Assyrian Christians reported the government continued to permit their community to use its own religious textbooks in schools, but only after the government authorized their content. Armenian Christians were also permitted to teach their practices to Armenian students as an elective at select schools. Unrecognized religious minorities, such as Yarsanis and Baha’is, continued to report they were unable to legally produce or distribute religious literature.

Sunnis reported continued underrepresentation in government-appointed positions in provinces where they formed a majority, such as Kurdistan and Khuzestan, as well as an inability to obtain senior government positions. Sunni activists continued to report that throughout the year, and especially during the month of Moharam, the government sent hundreds of Shia missionaries to areas with large Sunni Baluch populations to try to convert the local population.

Baluch sources reported that throughout the year, the government sent hundreds of Shia missionaries to areas with large Sunni Baluch populations to try to convert the local population.

According to media reports from 2018, the most recent reporting available, there were 13 synagogues in Tehran and approximately 35 throughout the country. Jewish community representatives said they were free to travel in and out of the country, and the government generally did not enforce a prohibition against travel to Israel by Jews, although it enforced the prohibition on such travel for other citizens.

Government officials continued to employ anti-Semitic rhetoric in official statements and to sanction it in media outlets, publications, and books. According to the Anti-Defamation League, following a March speech by the Supreme Leader on the COVID-19 pandemic, his office’s website posted remarks by a cleric who said “there is no doubt that the Jews and especially the Zionists previously have a long history of supernatural affairs and matters such as a relationship with the devil and genies.” The Anti-Defamation League report stated that most of the COVID-19 conspiracy theories spread by the government imagined the United States as leading “a biological attack, either with the help of Jewish capitalists or Israel, or to benefit Israel or at the behest of Jewish puppet masters.” According to the Anti-Defamation League, another central theme of the government’s propaganda regarding the global health crisis was the conspiracy theory that Jews are all-powerful or seek world domination.

In September, Masud Shojaei-Tabatabai, the head of a government arts agency, announced a plan to organize another exhibition of Holocaust-denial cartoons, which the government also held in 2006 and 2016. Following the beheading in France of a teacher who had shown students the Charlie Hebdo cartoons of the Prophet Mohammad, Shojaei-Tabatabai told the Tehran Times, that “our [exhibition] program [will] publish serious artworks challenging the Holocaust; for one insulting cartoon, we will publish 10 cartoons in social media and other virtual spaces.” After French President Macron defended the slain teacher’s presentation of secularism and individual freedom, the Supreme Leader asked on Twitter, “Why is it a crime to raise doubts about the Holocaust? Why should anyone who writes about such doubts be imprisoned while insulting the Prophet (pbuh [Peace be upon him]) is allowed?”

The government continued to allow recognized minority religious groups to establish community centers and some self-financed cultural, social, athletic, and charitable associations.

On December 16, the UN General Assembly approved a resolution on the situation of human rights in the Islamic Republic of Iran. The General Assembly passed the measure by a vote of 82 states in favor, 30 against, and 64 abstentions. The resolution, which was cosponsored by 45 member states, expressed concern about “ongoing severe limitations and increasing restrictions on the right to freedom of thought, conscience, religion or belief, restrictions on the establishment of places of worship, undue restrictions on burials carried out in accordance with religious tenets, attacks against places of worship and burial, and other human rights violations….” These violations included “harassment, intimidation, persecution, arbitrary arrests and detention, and incitement to hatred that leads to violence against persons belonging to recognized and unrecognized religious minorities, including Christians, Gonabadi dervishes, Jews, Sufi Muslims, Sunni Muslims, Yarsanis, Zoroastrians and members of the Baha’i faith, who have faced increasing restrictions from the Government of the Islamic Republic of Iran on account of their faith and have been reportedly subjected to mass arrests and lengthy prison sentences.” The resolution called upon the government “to cease monitoring individuals on account of their religious identity, to release all religious practitioners imprisoned for their membership in or activities on behalf of a recognized or unrecognized minority religious group, and to ensure that everyone has the right to freedom of thought, conscience and religion or belief, including the freedom to have or to adopt a religion or belief of their choice, in accordance with its obligations under the International Covenant on Civil and Political Rights ….”

Endowed religious charitable foundations, or bonyads, accounted for one-quarter to one-third of the country’s economy, according to some experts. According to NGOs, government insiders, including members of the military and clergy, ran these tax-exempt organizations, which the law defines as charities. Members of the political opposition and international corruption watchdog organizations frequently accused bonyads of corruption. Bonyads received benefits from the government, but there was no requirement for a government agency to approve their budgets publicly.

According to Radio Farda, religious leaders in Qom warned shops not to sell gifts associated with Valentine’s Day because of its roots in Christian tradition. Radio Farda stated that the country’s law enforcement agencies issue warnings to stores every year against selling such items, threatening to close the businesses from one to six months for noncompliance. The report also stated that some secular citizens have tried to promote the February 19 celebration of the day of Sepandarmaz, the goddess of fertility from the country’s pre-Islamic past. The country’s religious leaders opposed Sepandarmaz because of its roots in Zoroastrianism, which was replaced by Islam as the country’s predominant religion.

Legal Framework

The constitution establishes Islam as the official religion of the state and a “foundational source” of legislation. It states no law may be enacted contradicting the “established provisions of Islam,” but it also states no law may contradict the principles of democracy or the rights and basic freedoms stipulated in the constitution.

The constitution protects the “Islamic identity” of the Iraqi people, although it makes no specific mention of Sunni or Shia Islam. The constitution also provides for freedom of religious belief and practice for all individuals, specifying Christians, Yezidis, and Sabean-Mandeans; it does not explicitly mention followers of other religions or atheists. The law prohibits the practice of the Baha’i Faith and prescribes 10 years’ imprisonment for anyone practicing the Baha’i Faith. The KRG, however, does not enforce the federal ban on the Baha’i Faith and recognizes it as a religion, while in other parts of the country the law generally is not enforced.

The constitution states each individual has the right to freedom of thought, conscience, and belief. Followers of all religions are free to practice religious rites and manage religious endowment affairs and religious institutions. The constitution guarantees freedom from religious coercion and states all citizens are equal before the law without regard to religion, sect, or belief.

Personal status laws and regulations prohibit the conversion of Muslims to other religions, and they require the administrative designation of minor children as Muslims if either parent converts to Islam or if one parent is considered Muslim, even if the child is a product of rape. Civil status law allows all non-Muslim women who are identified in their official documents as non-Muslims to marry Muslim men, but it prohibits Muslim women from marrying non-Muslims.

The following religious groups are recognized by the personal status law and are registered with the government: Muslims, Chaldeans, Assyrians, Assyrian Catholics, Syriac Orthodox, Syriac Catholics, Armenian Apostolic, Armenian Catholics, Roman Catholics, National Protestants, Anglicans, Evangelical Protestant Assyrians, Seventh-day Adventists, Coptic Orthodox, Yezidis, Sabean-Mandeans, and Jews. Recognition allows groups to appoint legal representatives and perform legal transactions, such as buying and selling property. All recognized religious groups in the country, with the exception of the Yezidis, have their own personal status courts responsible for handling marriage, divorce, and inheritance issues.

There are three diwans (offices) responsible for administering matters for the recognized religious groups within the country: the Sunni Endowment Diwan, the Shia Endowment Diwan, and the Endowment of the Christian, Yezidi, and Sabean-Mandean Religions Diwan. The three endowments operate under the authority of the Office of the Prime Minister (OPM) to disburse government funds to maintain and protect religious facilities.

The law does not specify penalties for the practice of unrecognized religious groups other than Baha’is – including Wahhabi Islam, Zoroastrianism, and Yarsanism; however, contracts signed by institutions of unrecognized religious groups are not legal or permissible as evidence in court.

Outside the IKR, the law does not provide a mechanism for a new religious group to obtain legal recognition. In the IKR, religious groups obtain recognition by registering with the KRG MERA. To register, a group must have a minimum of 150 adherents, provide documentation on the sources of its financial support, and demonstrate it is not “anti-Islam.” Eight faiths are recognized and registered with the KRG MERA: Islam, Christianity, Yezidism, Judaism, Sabean-Mandaeism, Zoroastrianism, Yarsanism, and the Baha’i Faith.

According to the KRG MERA’s Directorate of Christian Affairs, there are 11 registered evangelical Christian and other Protestant churches in the IKR, several with multiple branches: Nahda al-Qadassa, Nasari Evangelical, Kurd-Zaman, Ashti Evangelical, Evangelical Free, Baptist Church of the Good Shepherd, al-Tasbih International Evangelical, Rasolia, the United Evangelical, Assemblies of God, and Seventh-day Adventist groups.

In the IKR, to register with the KRG MERA, private schools need to provide information on the school’s bylaws, number of students, size, location, facility and safety conditions, financial backing, and tax compliance and to undergo an inspection.

The KRG MERA operates endowments that pay salaries of clergy and fund construction and maintenance of religious sites for Muslims, Christians, and Yezidis but not for the other five registered religions.

The law requires the government to maintain the sanctity of holy shrines and religious sites and guarantee the free practice of rituals for recognized religious groups. The penal code criminalizes disrupting or impeding religious ceremonies and desecrating religious buildings. The penal code imposes up to three years’ imprisonment or a fine of 300 dinars (26 cents) for such crimes.

Government regulations require Islamic instruction in public schools outside the IKR, but non-Muslim students are not required to participate. In most areas of the country, primary and secondary school curricula include three classes per week of Islamic education, including study of the Quran, as a graduation requirement for Muslim students. The government provides Christian religious education in public schools in some areas where there are concentrations of Christians, and there is a Syriac curriculum directorate within the Ministry of Education.

The constitution provides minority groups the right to educate children in their own languages. While it establishes Arabic and Kurdish as official state languages, it makes Syriac – typically spoken by Christians – and Turkoman official languages only in the administrative units in which those groups “constitute density populations.” In the IKR, there are 49 Syriac- and 18 Turkoman-language schools.

The constitution provides for a Federal Supreme Court made up of judges, experts in Islamic jurisprudence, and legal scholars. The constitution leaves the method of regulating the number and selection of judges to legislation that requires a two-thirds majority in the Council of Representatives (COR) for passage.

The constitution provides citizens the right to choose which court (civil or religious) will adjudicate matters of personal status, including marriage, divorce, child custody, inheritance, and charitable donations. Islam takes precedence when one of the parties to the dispute is from an unrecognized faith. The law states civil courts must consult the religious authority of a non-Muslim party for its opinion under the applicable religious law and apply the religious authority’s opinion in court. In the IKR, the Personal Status Court adjudicates personal disputes between members of the same religion while the Civil Status Court handles all other cases.

National identity cards issued since 2016 do not denote the bearer’s religion, although the online application still requests this information, and a data chip on the card still contains data on religion. The only religions that may be listed on the national identity card application are Christian, Sabean-Mandean, Yezidi, Jewish, and Muslim. There is no distinction between Shia and Sunni Muslims, or a designation of Christian denominations. Individuals practicing other faiths may only receive identity cards if they self-identify as Muslim, Yezidi, Sabean-Mandean, Jewish, or Christian. Without an official identity card, one may not register a marriage, enroll children in public school, acquire passports, or obtain some government services. Passports do not specify religion.

By law, children with one parent who converts to Islam must be listed as Muslim on the application for the national identity card, even if the other parent is of another religion.

Civil laws provide a simple process for a non-Muslim to convert to Islam, but the law forbids conversion by a Muslim to another religion.

The constitution guarantees the reinstatement of citizenship to individuals who gave up their citizenship for political or sectarian reasons; however, this does not apply to Jews who emigrated and gave up their citizenship under a 1950 law.

IKR law forbids “religious, or political, media speech individually or collectively, directly or indirectly that brings hate and violence, terror, exclusion, and marginalization based on national, ethnic, or religious or linguistic claims.”

The antiterrorism law defines terrorism as “every criminal act committed by an individual or an organized group that targeted an individual or a group of individuals or groups or official or unofficial institutions and caused damage to public or private properties, with the aim to disturb the peace, stability, and national unity or to bring about horror and fear among people and to create chaos to achieve terrorist goals.” Anyone found guilty under this law may be sentenced to death.

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

Government Practices

International and local NGOs said the government continued to use the antiterrorism law as a pretext for detaining individuals without due process. Observers again said the antiterrorism law did not afford due process or fair trial protections. Sunni leaders said authorities referenced the law in their detentions of young Sunni men on suspicion of having ISIS links. In July, parliamentarian and member of the Security and Defense Committee Mohammed al-Karbuli criticized the “random arrests of Sunnis in areas north of Baghdad.” Al-Karbuli said, “The security forces returned to committing past’s mistakes by arresting innocent people and terrorizing them.” According to al-Karbuli, more than 50 young Sunni men were arrested in those areas “in a humiliating manner and with false accusations.”

Yezidis, Christians, and local and international NGOs reported continued verbal harassment and physical abuse from members of the PMF, a state-sponsored organization composed of more than 50 mostly Shia militias originally formed to combat ISIS. According to international human rights organizations, some Shia militias, including some operating under the PMF umbrella, continued to commit physical abuses and were implicated in several attacks on Sunni civilians, allegedly to avenge ISIS crimes against Shia. In October, Salah al-Din Province Police Commander Major General Qandil al-Jabouri said police had found eight bodies belonging to residents of al-Farhatiyeh Subdistrict of Balad District in Salah al-Din Province, out of 12 civilians who were kidnapped by an unidentified armed force; the whereabouts of the other four was unknown. According to the families of the victims, the 42nd Brigade of the PMF, tied to U.S.-designated Foreign Terrorist Organization Asa’ib Ahl al-Haq (AAH), was responsible for the killings and kidnappings.

In December, Foreign Minister Fuad Hussein stated that the country’s security situation had improved compared with previous years and that the government was making great efforts to return IDPs to their places of origin and to create a safe environment for them.

In September, parliamentarian Raad al-Dahlaki, a Sunni from Diyala Province, warned of continued forced displacement of Sunnis in Diyala by PMF forces or associated militias. Al-Dahlaki stated that government-affiliated Shia militia groups intimidated the Sunni population in the province, resulting in widespread demographic change along the border with Iran. Sunni parliamentarian Nahida al-Daini, also of Diyala Province, reported similar acts of intimidation.

Sources said some government officials continued to facilitate demographic change by providing land and housing for Shia and Sunni Muslims to move into traditionally Christian areas in the Ninewa Plain, such as Bartella Subdistrict, and Sunni areas in Diyala Province and Babil Province, including Jurf al-Sakhar District. According to parliamentarian Rihan Hanna, a Christian from Kirkuk, the Iran-aligned Shabak PMF and the 50th (Babylon) PMF Brigades were making demographic changes by facilitating and giving permission to Arab and Shabak Shia to move into Christian areas in the Ninewa Plain, while Christians refused to return to the area because they feared these forces. In August, former parliamentarian Kamil al-Ghurawi, a Sunni from Baghdad, accused government-affiliated Shia militia groups of forcibly displacing Sunni residents in the al-Madain District on the outskirts of Baghdad in order to make the district majority Shia.

In October, the administrator of the minorities’ portfolio of the Iraqi High Commission for Human Rights, Ammar Polos, said the forcible return of displaced Christians in Baghdad’s Virgin Mary camp to the old city of Mosul, where their homes remain demolished and uninhabitable, amounted to a second displacement for Christians, adding, “We will not tolerate this measure.” Also in October, Christian parliamentarian Yonadum Kanna said he rejected the forced return of IDPs, considering it another displacement, especially in the absence of the government’s capabilities to reconstruct the IDPs’ destroyed homes and the state’s inability to provide employment opportunities and a decent standard of living for the IDPs.

Representatives of minority religious groups continued to state that while the central government did not generally interfere with religious observances and even provided security for religious sites, including churches, mosques, shrines, and religious pilgrimage sites and routes, local authorities in some regions continued to verbally harass and impose restrictions on their activities.

Christians continued to report abuse, harassment, and delays at numerous checkpoints operated by various PMF units, including the Shabak Shia-backed 30th Brigade in Bartella, impeding movement in and around several Christian towns on the Ninewa Plain. The AAH reportedly was building an office in Bartella, while the 50th “Babylon” Brigade in Batnaya and Tal Kayf reportedly controlled the local real estate market, selling land to non-Christians from outside the district, granting questionable security approvals, and taking bribes. The 30th Brigade also reportedly controlled trade routes in the Ninewa Plain through checkpoints, forcing Christian merchants to pay bribes to gain access. According to Father Behnam Benoka of the Syriac Catholic Church in the Bartella Subdistrict, on February 14, gunshots were heard near the construction site of the AAH office, after which the AAH closed the road in the area, inhabited mostly by Christians, and started investigating Christian families in the area. According to some of the families, AAH members were behind the shooting and sought to frighten Christians and convince them to leave the area.

According to Father Benoka, in July, four Christian women reported that Bartella’s police commander, Ghazwan Ali Qasim (Arab Sunni), attempted to coerce them into prostitution based on their difficult economic situations. Benoka added that although the community had raised complaints about Qasim’s conduct many times, the commander had been “promoted instead of being punished.” According to Father Yaqob Saedy of the Syriac Orthodox Church, 30th PMF Brigade members assaulted two Christians in July when the pair tried to pass through Bartella’s main checkpoint. Following an argument, Shabak PMF members forced the two Christians out of their car and beat them.

Christian religious leaders continued to publicly accuse the 30th Brigade of verbal harassment of Christians in Bartella and elsewhere in Hamdaniya District of Ninewa. Members of the Christian community in Bartella said the brigade’s actions threatened their way of life and could change the area’s demographics. Local residents also said militias continued to post pictures of Iranian Supreme Leader Ali Khamenei and former Quds Force Commander Qassim Suleimani, as well as of Iraqi militia leaders, such as AAH Secretary General Qais al-Khazali and former Popular Mobilization Committee (PMC) Chief of Staff Abu Mahdi al-Muhandis, on shops in Bartella. They also stated that the 30th Brigade continued to disregard 2019 government orders to withdraw from checkpoints in the Ninewa Plain. Sources said Shabak members threatened priests, including Father Banoqa and Father al-Saedy, both in Bartella, on social media after the priests sought the withdrawal of the 30th Brigade. According to al-Saedy, “some parties” in the Ninewa Plain were trying to change the demography of the traditionally Christian city. Although al-Saedy did not specify which group, his statement drew condemnation from members of the Shabak community.

In August, Shia Shabaks raised Shia ritual banners in front of a historic church in Karmles Town, which Christians said was an act of provocation. Local sources said that as of year’s end, two of six Shabak Sunni families had returned home after having left their homes in Bashiqa District in 2019 because the 30th Brigade had verbally harassed them and pressured them to sell part of their land.

Yezidi community leaders continued to report that Yezidi captives of ISIS who were repeatedly raped and bore children were forced to register those children as Muslims and convert to Islam themselves to obtain identification cards, passports, and other governmental services – in part because the Yezidi community did not consider these children to be Yezidi. According to Yezidi journalist Khudar Domli, “What ISIS did to them by force, this [National Card] Act does by law.” The Yezidi religion traditionally required a child to have two Yezidi parents to be considered a member of the community. Sources in the community estimated the number of these children ranged from several dozen to several hundred. They said societal stigma made it difficult to obtain accurate numbers. Due to the position of Yezidi leaders and community on children born of rape, many Yezidi female survivors of ISIS said they were compelled to leave their children in orphanages in Syria or Iraq so they could rejoin their community. Some of the women preferred to stay in the camps’ harsh environment with their children rather than leave them behind.

According to Zoroastrian leaders, after the Zoroastrian NGO Yasna opened a branch in Duhokin, Salafist Islamist groups criticized the Zoroastrian religion’s practices and beliefs. According to one Zoroastrian representative, Zoroastrians in the IKR received death threats on social media from Salafists, who accused the Zoroastrian community of infidelity and incest. Zoroastrian leaders also reported that their religion was listed as “Islam” on their federal identification cards, a common problem reported by members of unrecognized religious minority groups due to the country’s constitution and its personal status law.

During the year, the NGOs CAPNI for Humanitarian Aids in Iraq (CAPNI) and Hammurabi Human Rights Organization sought amendments to the national identification card law that requires minor children to be listed as Muslim on the identification application form if one parent converted to Islam. The NGOs said the law was a “flagrant violation” of the rights on non-Muslims in the country. During a conference in December, CAPNI representatives said non-Muslim religious groups requested the government amend the national identity card law so that minor children would continue to follow the original religion of their parents before one parent converted to Islam until they became adults and could decide for themselves.

According to Christian leaders, Christian families formally registered as Muslim but privately practicing Christianity or another faith continued to be forced to either register their children as Muslims or to have the children remain undocumented by federal authorities, denying them the ability to legally convert from Islam. Remaining undocumented affected the family’s eligibility for government benefits, such as school enrollment and ration card allocation for basic food items, which depend on family size. Larger families with legally registered children received higher allotments than those with undocumented children.

Throughout the year, Hamdaniya District Mayor Essam Behnam said he continued to resist political pressure at both the federal and provincial levels to issue land grants in Hamdaniya, Ninewa Province, to the families (mostly Shia Muslim) of PMF victims who fought ISIS.

The committee of security officials and Christian religious leaders created in 2019 by the OPM to return all Christian properties in Ninewa Province to their Christian owners continued to operate. During the year, the committee returned dozens of houses to their Christian owners. According to Christian parliamentarians, there was no similar committee to help return properties in Baghdad or other provinces. According to Christian parliamentarian Yonadum Kanna, he and other Christian leaders continued to work individually to help Christians return to their homes. During the year, he managed to return fewer than 10 homes to their original occupants, compared with 180 homes returned in 2019. According to Kanna, during the year, he received fewer complaints from Christians because the security situation had significantly improved following the defeat of ISIS. He also said there were also fewer complaints of confiscated homes being occupied by someone other than the original occupant. Kanna said he had worked with the Higher Judicial Council to place restrictions on selling or buying real estate owned by Christians, making it more difficult for militias or others to use falsified documents to assume ownership of Christian properties. In November, unknown gunmen attacked a lawyer working with the Chaldean Catholic Church in Baghdad working to return houses to members of the Christian community.

The KRG continued to actively support and fund the rescue of captured Yezidis and provide psychosocial support services at a center in Dohuk Province. By year’s end, authorities in the KRG’s Yezidi Rescue Coordinating Office reported 2,874 Yezidis, mainly women and children, were still missing both inside and outside the country, compared with up to 3,000 reported missing in 2019. According to the Yezidi Rescue Coordinating Office, during the 2014-2020 period, approximately 100,000 Yezidis left the country, mostly moving to Germany and others to Turkey, Greece, Georgia, Armenia, France, the Netherlands, Croatia, the United States, Australia, Hungary, and Bulgaria. Approximately 62 Christians also remained missing, compared with 150 in 2019. According to the KRG MERA, as of September 5, more than 3,543 Yezidis had escaped, been rescued, or released from ISIS captivity since 2014, compared with 2,500 through 2019. According to Shabak parliamentarian Qusay Abass (Ninewa, Shia) via a media statement in August, 233 Shabak individuals kidnapped by ISIS in 2014 were still missing. According to Ninewa Governorate’s Advisor for Women’s Affairs Sukina Ali (Shia Turkoman of Ninewa), 900 Shia and Sunni Turkomans kidnapped by ISIS were still missing at year’s end.

According to some Yezidi sources, Yezidis in the IKR continued to experience discrimination when they refused to self-identify as Kurdish. They said only those Yezidis who identified publicly as Kurdish could obtain senior positions in the IKR leadership.

In some parts of the country, non-Muslim religious minorities, as well as Sunni and Shia in areas where they formed the minority, continued to face verbal harassment and restrictions from authorities. Sources reported that Shia militias and the Shia Endowment confiscated properties owned by the Sunni Endowments in Diyala and Ninewa Provinces, leading to sectarian tensions in those provinces. According to Sunni Endowment representatives, the Shia Endowment confiscated a shrine and cemetery in Baquba District in Diyala, while Shia militias, including AAH, Badr, and Khurasani, turned Sunni mosques into PMF headquarters in other Sunni areas in the province. In Ninewa, the Sunni Endowment reported that the Shia Endowment worked secretly to confiscate properties owned by the Sunni Endowment in Mosul by using false documents or claiming Shia Endowment jurisdiction over the properties based on some of the shrines and mosques bearing Shia religious names.

Some militias in Ninewa drew their ranks from local Yezidis and Christians but were subordinate to larger organizations – the PKK in the case of the YBS (Sinjar Resistance Units), for example, and larger Iran-aligned militias in the cases of the 30th and 50th Brigades. According to Yezidi and Christian officials, some received support from the central government in Baghdad through the PMC, which oversees PMF forces, while others received assistance from the KRG. Representatives of religious minority groups, such as Yezidi and Sabean-Mandean parliamentarians, stated they needed to have a role in their own security and had requested government support to create armed groups from their own communities. Others asked to join regular law enforcement units, but by year’s end, none had because the government had not implemented a recruitment process.

NGOs continued to state that constitutional provisions on freedom of religion should override laws banning the Baha’i Faith and the Wahhabi branch of Sunni Islam. During the year, however, there were again no court challenges filed to invalidate the laws, and no legislation proposed to repeal them.

The KRG and the central government continued to provide increased protection to Christian churches during the Easter and Christmas holidays. Followers of recognized religious groups, including Baha’is (recognized only in the KRG) and Yezidis (recognized by both the central government and the KRG), reported the KRG allowed them to observe their religious holidays and festivals without interference or intimidation. Provincial governments also continued to designate festivals as religious holidays in their localities.

According to the Syriac Orthodox Parish of Mosul, in October, following a Ninewa court decision, Bishop Necodemos Dawod Sharf received 23 Syriac-language manuscripts that ISIS had stolen from the Tahera Church in the old city of Mosul. The manuscripts were part of a larger group of ancient manuscripts stolen in 2014.

In October, Yezidi NGOs in Sinjar reported that the PKK had seized control of local schools, transforming them into military camps and PKK indoctrination centers. In October, the Kurdish Directorate Deputy Manager in Sinjar, Shahab Ahmed, told media that the PKK had taken over a primary school in Sinjar City and transformed it into a military camp. Shahab said the PKK refused to leave the school and that his directorate had asked authorities in Ninewa to intercede. Despite the requests, the PKK refused to vacate these schools through year’s end.

The KRG Council of Ministers issued an executive order establishing a high committee with representatives from the IKP, IKR Presidency, KRG Judicial Council, KRG Ministries of Justice, Agriculture, Municipality, and Finance, and the head of IKR’s Independent Human Rights Commission to resolve outstanding land disputes affecting Christian communities. According to committee members, by year’s end, the committee had not taken any concrete steps.

In November, Christian sources reported the ISF had seized Christians’ houses in Talkayf District, Ninewa Province, and repurposed them as military barracks. The sources also reported that the ISF continued to use a youth center as a jail for ISIS prisoners in Talkayf, intimidating Christians in the district. In November, Mayor of Talkayf District Bassim Balo said civilians were concerned about the possibility that ISIS forces might attempt to break into the jail and free the ISIS detainees. He said some Christians had decided to leave the area because of ISF searches and restrictions of movement on residents in the area. According to Balo, the ISF used many houses belonging to Christians without compensating the residents.

Some non-Muslim students reported pressure from instructors and classmates to participate in Islamic education classes, even though they were not required to take part. Reports continued that some non-Muslim students felt obliged to participate because they were not allowed to leave the classroom during religious instruction. Christian religious education continued to be included in the curricula of at least 255 public schools in the country, including 55 in the KRG, according to the Ministry of Education. Private Islamic religious schools continued to operate in the country, but they had to obtain a license from the director general of private and public schools and pay annual fees.

The Catholic University in Erbil continued to operate with full accreditation from the KRG Ministry of Higher Education and remained open to students of all faiths.

Christian and Yezidi leaders outside the IKR reported continued discrimination in education and the lack of religious minority input on school curricula and language of instruction.

The KRG Ministry of Education continued to fund religious instruction in schools for Muslim and Christian students. The ministry also continued to fund Syriac-language public elementary and secondary schools, which were intended to accommodate Christian students. The curriculum in these schools did not contain religious or Quranic studies. During the year, minority NGOs along with the NGO Minority Alliance Network held numerous seminars and workshops to discuss education curriculum reform in IKR schools, recommending amendments to the current curriculum to emphasize religious minority rights.

In July, KRG State Minister for Component (Minority) Affairs Ayden Maroof announced the KRG Education Ministry was working on new curricula covering the history of religious and ethnic minority groups to be included in IKR history textbooks. According to Maroof, the adoption of the new curricula followed the KRG Prime Minister’s decision in July to embrace diversity and to challenge false stereotypes in IKR society.

In June, the head of the interreligious Masarat Foundation for Cultural and Media Development, Saad Salloum, announced the launch of a special curriculum for understanding different religions in the country, to be taught through the Iraqi Institute for Diversity. Religions included in the curriculum are Christianity, Yazidism, Sabean-Mandeanism, Judaism, the Baha’i Faith, Zoroastrianism, and Kaka’ism. According to the foundation, which includes both governmental and nongovernmental representatives, the curriculum would be used to instruct religious leaders, clerics, journalists, and university professors on the country’s diverse religions and the need to respect all faith traditions.

In September, the Ministry of Education allocated five billion dinars ($3.4 million) to build new schools in majority-Yezidi Sinjar District and to develop the district’s education sector.

According to a representative of the Yezidi NGO Yazda, KRG authorities continued to discriminate against minorities, including Turkomans, Arabs, Yezidis, Shabaks, and Christians, in territories claimed by both the KRG and the central government in the northern part of the country. In October, Yazda representative Jameel Shumar said Yezidi faced difficulties if they self-identified as Yezidis rather than Kurdish Yezidis, especially at IKR checkpoints. He said Yezidi politicians known for considering Yezidis a separate group from the Kurds were not allowed to enter the IKR.

Christian leaders reported the KRG continued to provide land and financial support for new construction and the renovation of existing structures for use as educational facilities. The KRG MERA finished building the St. Peter and Paul Chaldean Church in Ankawa near Erbil and handed it over to the Chaldean Archdiocese in 2017. Restoration of the Syriac Orthodox Um al-Nour Church in Erbil continued through year’s end.

While there remained no legal bar to ministerial appointments for members of religious minority groups, in practice there were few non-Muslims in the central government Council of Ministers or the KRG Council of Ministers, a situation unchanged from the previous three years. Members of minority religious communities, including Christians, Yezidis, Kaka’is and Sabean-Mandeans, continued to hold senior positions in the national parliament and central government – among them Minister of Displacement and Migration Evan Faiq Jabro, a Christian from Basra Province, and KRG Minister of Transportation Communication Ano Abdoka, a Syriac Orthodox Christian from Ankawa. Several KRG district and subdistrict mayoral positions were reserved for members of religious minority groups, in particular for Yezidis and Christians. Minority leaders, however, said they were still underrepresented in government appointments, in elected positions outside the COR, and in public sector jobs, and that the overall underrepresentation limited members of minority groups’ access to government-provided economic opportunities. In December, Christian parliamentarian Yonadam Kanna said Christians in the country were marginalized and not given high-ranking positions. In May, parliamentarian Nawfal al-Nashi said Prime Minister Mustafa Kadhimi had marginalized minority groups when he formed his cabinet. The Federal Supreme Court’s nine members continued to include Sunni and Shia Muslims and one Christian.

Although the IKP had 11 seats reserved for ethnic minority candidates, the law did not restrict who could vote in quota seat races. Citing reports of Kurds voting for minority parties that align with major Kurdish parties, some members of the IKR’s minority populations said these votes undermined the intended purpose of the minority quota seats and diluted the voice of members of minority groups in government, while others opposed restricting who could vote in quota seat races. Christian parliamentarians Rehan Hana and Yonadam Kanna supported restricting quota seat races to voters of the same ethnicity, while Christian parliamentarians affiliated with Shia political coalition parties drawing votes from Shia-majority provinces opposed imposing restrictions.

Christians said they continued to face discrimination that limited their economic opportunities, such as PMF “taxation” on goods transported from Erbil or Mosul into the Ninewa Plain. Sabean-Mandeans, Yezidis, and Christians continued to report fear of importing and distributing alcohol and spirits, despite receiving permits. The ban on alcohol consumption by Muslims, according to local sources, prevented Muslim store owners from applying for permits allowing them to carry and sell alcohol. Community sources reported the continuing practice of Muslim businessmen using Christians as front men to apply for these permits and operate the stores.

In October, unknown individuals bombed a Christian-owned liquor store in Baghdad. According to local residents, the attackers were PMF-associated militia members who may have attacked the store after its owners refused to pay bribes.

Kaka’i community members said the central government’s Shia Endowment continued to occupy places of Kaka’i worship in Diyala and Baghdad, converting them into Shia mosques. In 2019, the Shia Endowment seized the Kaka’i House of Worship Baba Mahmud in Khanaqin District, Dyala Province, stating that Baba Mahmud was one of the Shia Imam Ali’s sons and therefore, the place of worship should be under the Shia Endowment’s control. According to Kaka’i representatives, the government did not respond to their request for the return of the Baba Mahmud House of Worship and because there was no endowment for the Kaka’i, the group had no legal recourse. Kaka’i representatives also reported that the Sunni Endowment continued to occupy Kaka’i houses of worship in Kirkuk.

In October, the central government and KRG reached an agreement on cooperation with the UN Assistance Mission for Iraq (UNAMI) on a framework for the security and political administration of Sinjar District as well as a pledge of future reconstruction and development efforts. According to Yezidi parliamentarian Saeb Khudur, the agreement, although criticized by members of the Yezidi community for not having involved Yezidis in the negotiations, included many longstanding Yezidi requests, including providing a framework for appointing a mayor, the removal of the PKK from the district, and the recruitment of 2,500 Yezidi local police. The United Nations and several countries, including the United Kingdom, France, Egypt, and Jordan, among others, stressed that for implementation to succeed, diverse sections of the Yezidi community, as well as others in Sinjar, needed be included in discussions on implementation. Yezidi leaders said they were particularly apprehensive about what removal of the PKK would entail, given the membership of several thousand Yezidis in the PKK-affiliated YBS.

Based on local media reports, there was increasing social recognition of the genocide that ISIS committed against the Yezidis. Cross-sectarian genocide commemoration events took place on August 3 for the third consecutive year. On August 3, KRG Prime Minister Masrour Barzani issued a statement on the sixth anniversary of the genocide against the Yezidis, calling on “all parties to reconstruct Sinjar, normalize the conditions in the city, and to ensure that they are free of any foreign armed forces or militias,” adding, “The security and stability of the region should be protected in coordination between the Kurdistan Regional Government and the federal government.” Barzani stated, “The efforts of the Kurdistan Regional Government are still ongoing in order to liberate the remaining kidnapped Yezidis,” and he called on “the federal government to work to compensate and assist the displaced Yezidis.”

In October, Yezidi parliamentarian Khaleda Khalel of the Kurdistan Democratic Party (KDP) submitted a bill to the Iraqi COR presidency to recognize the 2014 Yezidi genocide, stating that the law would compel the government to take responsibility for the victims, strengthen accountability for those who committed crimes against humanity, and provide psychological and medical care as well as reparations to the victims and survivors of ISIS crimes.

According to media and other sources, extensive security efforts continued to ensure that there were no violent incidents disrupting the large Shia commemorations of Ashura in Najaf and Karbala.

In September, the KRG Ministry of Endowment and Religious Affairs announced the first Zoroastrian temple would soon open in Erbil. According to a community source, the temple, supported by Yasna and located in a Yasna-run facility, was opened in December with the participation of Zoroastrian worshipers and a representative from KRG MERA in attendance.

In August, as part of an initiative to encourage minority religious groups to remain in the country, Prime Minister Kadhimi called on Christian emigres to return to the country. Leaders of non-Muslim communities continued to state that corruption, uneven application of the rule of law, and nepotism in hiring practices throughout the country by members of the majority Muslim population continued to have detrimental economic effects on non-Muslim communities and contributed to their decision to emigrate.

On November 14, Ammar Hakim, a politician and cleric as well as the head of the National Wisdom Movement, a coalition of political parties, said Christians were an important part of the country and emphasized the need to support Christians and others who suffered because of ISIS, including IDPs in the Ninewa Plain. On December 19, Hakim called for justice for Yezidis and the reconstruction of their cities.

The Central Post Office, under the authority of the Ministry of Communications, issued a set of postage stamps in October celebrating churches in Baghdad and their history. The stamps were designed by the Christian Endowment and printed at the Central Post Office. The issuance was part of an initiative by the Ministry of Communication to document the religious diversity of Iraqi society.

According to the Institute for Economics and Peace’s Global Terrorism Index 2020, Iraq was considered the second country most impacted by terrorism globally, with terrorist attacks primarily targeting civilians, private property, and economic and security institutions. The report did not specify whether terrorists targeted religious groups or places of worship. According to multiple sources in Khanaqin, ISIS attacks in May and June on several Kaka’i villages wounded and killed a total of 13 persons. In June, the director of the Kaka’i-affiliated Chraw Organization for Documentation reported that attacks of this kind were not isolated and were increasing. Prime Minister Kadhimi and President Barham Salih said they would address Kaka’i security concerns, but there was no action by year’s end.

According to Kaka’i human rights activists, ISIS attacks caused the displacement of residents of seven Kaka’i villages during the year, two in Khanaqin District in Diyala Province and five in Daqoq District, Kirkuk Province. Kaka’i gravesites in Kirkuk and Ninewa Provinces were also destroyed by unidentified individuals believed to be affiliated with ISIS.

In August, Jankez Alyas, an Iraqi Turkoman Front member in Telafar District, said approximately 400 Turkomans from Telafar had joined the PKK during the year, adding that many of them were sent to PKK camps for training and indoctrination. According to Alyas, the PKK were taking advantage of poor, unemployed youth, mostly from Shia Turkoman communities, and a few Sunni Turkomans by offering them monthly salaries as a way to increase PMF influence in the Turkoman areas and implement its agenda in Telafar District, which is majority Sunni Turkoman. On March 20, parliamentarian Arshad al-Salhi (Sunni Turkoman) of the Iraqi Turkoman Front stated that the PKK had common interests with Iran-backed Shia PMF militias in Telefar, similar to how the PKK and PMF worked together in Sinjar District to use these areas as a road to link between Iran with Syria and to alter demographics in favor of Shia Turkomans.

The Yezidi community in Sinjar District reported in August that the PKK had kidnapped hundreds of Yezidi children since the group had asserted control of parts of the area, with the aim of recruiting them. It was unclear how many of the kidnappings occurred during the year. Also according to the Yezidis, the PKK was paying monthly salaries to Yezidi families to recruit youth as young as 14. These youth reportedly received PKK military training in the Qandil Mountains, where they were subjected to “brainwashing” and were not permitted to contact their families. A Yezidi woman said she had been harassed and threatened by the PKK since the group kidnapped her son six years ago. The KDP-appointed mayor of Sinjar, Mahma Khalil, who at year’s end was exiled in Dohuk while a “shadow” PKK-appointed mayor operated in part of Sinjar District, stated the PKK maintained secret prisons in Sinjar and that the PKK had arrested more than 70 Yezidis since taking control of parts of the district.

Yezidi groups said the presence of armed affiliates of the PKK, a U.S.-designated terrorist organization, and PMF militias in Sinjar continued to hinder the return of IDPs. According to Yezidi activists and officials, the Yezidis were afraid to return to Sinjar because of continuing Turkish airstrikes targeting the PKK that occurred in January, June, August, and November. In January, a Turkish airstrike hit Yezidi PKK fighters, also known as the People’s Protection Units of YBS in the subdistrict of Snunyt in Sinjar Province, killing eight PKK fighters and injuring six. Yezidis there protested the presence of the PKK, calling for its expulsion as a means to end Turkish military operations in their district.

Mass graves containing ISIS victims continued to be found, with more than 200 having been discovered since 2017. The central government’s Martyrs Foundation announced in March that 18 additional mass graves had been discovered throughout the country; they contained victims of al-Qa’ida, ISIS, and the Baathist regime, with some remains dating back decades. According KRG MERA’s Office of Yezidi Affairs, two additional mass graves were discovered in Sinjar District during the year. KRG MERA’s Office of Yezidi Affairs and the government’s Martyrs’ Foundation in Baghdad reported a total of 83 mass graves, in addition to dozens of individual grave sites containing the bodies of more than 2,500 Yezidis, had been found in Sinjar District and other predominantly Yezidi areas of Ninewa Province since 2014. In August, Zain al-Abidin Musleh Ali, deputy director of the Ninewa Martyrs Directorate, said the ISF found six locations containing dozens of mass graves of ISIS victims in Sinjar, Zammar, and Qayyarah Districts, Qaraj and Badush Subdistricts, and in Ninewa Province. In October, after pausing activities due to the COVID-19 pandemic, authorities resumed the exhumations of mass graves. In October, the ISF found a mass grave of ISIS victims in Kirkuk Province that included the remains of approximately 45 persons. With U.S.-funded support, UNITAD and the International Committee for Missing Persons, in cooperation with the IOM and Yazda, began exhuming mass graves created by ISIS in Kocho, and also at Solagh, known as the “Grave of Mothers,” where ISIS killed dozens of Yezidi women considered too old to be sold into sexual slavery.

Legal Framework

The constitution declares Islam to be the religion of the state and the freedom of belief to be “absolute.” It provides for state protection of the freedom to practice all religions, provided such practice is “in accordance with established customs, and does not conflict with public policy or morals.”

The constitution declares sharia to be a main source of legislation and all individuals to be equal before the law regardless of religion. It declares the Amir shall be Muslim (the Amir and ruling family are Sunni) and the state shall safeguard the heritage of Islam.

The law prohibits the defamation of the three Abrahamic religions and denigration of Islamic and Judeo-Christian religious figures within accepted Islamic orthodoxy (e.g., prophets mentioned in the Quran or companions of the Prophet Muhammad), and prescribes a punishment of up to 10 years in prison for each offense.

A national unity law prohibits “stirring sectarian strife,” promoting the supremacy of one religious group, instigating acts of violence based on the supremacy of one group, or promoting hatred or contempt of any group. Violations of this law by individuals are punishable by up to seven years’ imprisonment, a fine of 10,000 to 100,000 Kuwaiti dinars ($32,900-$329,000), or both. Repeated crimes carry double penalties. If a group or an organization violates the law, it could have its license to operate revoked temporarily or permanently, and it could be fined up to 200,000 dinars ($658,000). Noncitizens convicted under this law are also subject to deportation.

The law allows citizens to file criminal charges against anyone they believe has defamed any of the three recognized Abrahamic religions or harmed public morals.

The law criminalizes publishing and broadcasting content, including on social media, which the government deems offensive to religious “sects” or groups, providing for fines ranging from 10,000 to 200,000 dinars ($32,900-$658,000) and up to seven years’ imprisonment.

There is no promulgated process outlining what steps religious groups must take to register with the government. Groups must navigate this process without guidance from government offices. Although all religious groups must apply in writing for a license from their municipality to establish an official place of worship and to gain full benefits from the central government, there are no fixed criteria for an application to be approved. To obtain a license, groups must first receive approval by the local municipality for their place of worship. The municipality then turns to MAIA for its “opinion” on the application for a worship space (MAIA indicates that it does not have the authority to give formal registration of the building). MAIA then issues a certificate that lists board members for the organization, making the religious group a legal entity. Once this certificate is granted, further approvals are required by MOSA and the Ministry of Interior (MOI). Once these ministries give these approvals, the municipality must grant the final license, which requires the community leaders to obtain written permission from all the immediate neighbors occupying the properties around the proposed place of worship. The government often provides applicants no information about the status of their pending registration or if they have been rejected at any point. There is no recourse to appeal the decision; it is considered a “sovereign act” and cannot be challenged in court.

The officially registered and licensed Christian churches in the country are: National Evangelical Church of Kuwait (NECK) (Protestant); Roman Catholic; Greek Catholic (Melkite); Coptic Orthodox; Armenian Orthodox; Greek Orthodox; Anglican; and The Church of Jesus Christ of Latter-day Saints. There are no officially recognized synagogues, and according to MAIA, no application has ever been submitted for one. The government does not recognize any non-Abrahamic religions. Nonrecognized religious groups include Hindus, Sikhs, Druze, Bohra Muslims, and Baha’is.

A religious group with a license to establish a place of worship may hire its own staff, sponsor visitors to the country, open bank accounts, and import texts needed for its congregation. Nonregistered religious groups do not have these rights, may not purchase property or sponsor workers, and must rely on volunteers from within their community for resources (although some registered religious groups have agreed to assist nonregistered groups in these matters).

The law prohibits practices the government deems inconsistent with Islamic law, including anything the government deems to be sorcery or black magic, which under the penal code constitutes “fraud and deception” and carries a maximum penalty of three years’ imprisonment, a fine, or both.

The law does not specifically prohibit proselytizing by non-Muslims but individuals proselytizing may be prosecuted under laws criminalizing contempt of religion.

The law prohibits eating, drinking, and smoking in public between sunrise and sunset during Ramadan, including for non-Muslims, with a prescribed maximum penalty of up to 100 dinars ($330), one month’s imprisonment, or both.

It is illegal to possess or import pork products and alcohol. Importing alcohol carries a penalty of up to 10 years’ imprisonment; consuming alcohol may result in a fine of up to 1,000 dinars ($3,300).

Islamic religious instruction is mandatory at all levels for all Muslim students in both public and private schools with one or more Muslim students enrolled, regardless of whether the student is a citizen. Non-Muslim students are not required to attend these classes. The law prohibits organized religious education in public high schools for faiths other than Islam. All Islamic education courses are based on Sunni Islam.

The law states apostates lose certain legal rights, including to inherit property from Muslim relatives or spouses, but it does not specify any criminal penalty. If a Muslim man married to a Muslim woman converts from Islam, his existing marriage is annulled. If he is married to a non-Muslim woman and converts from Islam, the marriage remains valid. If a Muslim woman married to a Muslim man converts to another Abrahamic faith (Christianity or Judaism), the marriage is not automatically annulled, but the Muslim husband may request an annulment. If a Muslim woman married to a Muslim man converts to a non-Abrahamic faith, the marriage is automatically annulled.

Religious courts administer personal status law dealing with issues of marriage, divorce, inheritance, and child custody. For non-Muslims, courts apply Sunni sharia in matters of personal status and family law. Noncitizens not belonging to the three recognized Abrahamic religions are also subject to sharia if family matters are taken to court. According to the law, sharia governs inheritance for all residents regardless of their religious affiliation if the case is brought to court.

Courts may follow Shia jurisprudence in matters of personal status and family law for Shia Muslims at the first instance and appellate levels. If the case proceeds beyond the appellate level to the Court of Cassation, the country’s highest court, the case may be adjudicated via Sunni personal status law. The law allows for the creation of separate courts for Shia Muslims for cases pertaining to marriage, divorce, inheritance, and child custody. According to local sources, these courts have only three judges, none of whom has a formal background in Shia jurisprudence. The law also allows personal status cases to be adjudicated through the Court of Cassation under Shia doctrine. An independent Shia waqf (trust) administers Shia religious endowments. Cases are assigned to either Sunni or Shia judges based on the religious affiliation of the man. If a man is married to a non-Muslim woman, the husband’s religious practice is followed. If a couple is from one of the registered churches, the settlement offered by the church may be taken into consideration, although if the dispute is not settled, Sunni sharia is applied.

The law forbids, and the state does not recognize, marriage between Muslim women and non-Muslim men, but Muslim men may marry women of other recognized Abrahamic faiths. The law requires the raising of children of such marriages in their father’s faith, and the father’s religion governs the settlement of marital disputes. Muslim marriage and divorce cases are heard in Sunni or Shia religious courts, depending on whether the marriage certificate is Sunni or Shia. Both Sunni and Shia marriage certificates need to be authenticated by appropriate notaries. Non-Muslim divorce and child custody cases are heard in Sunni religious courts. Christian couples who are part of a registered church may marry and divorce following their religious customs, with local authorities and courts recognizing their documents. Except for Hindus and Sikhs of Indian nationality, who may marry at the Embassy of India, members of non-Abrahamic faiths and nonregistered churches may not marry legally in the country but may have their foreign wedding certificates recognized. Citizens who are members of the Baha’i Faith may marry abroad and petition the court to recognize their marriage.

If a religious group wishes to purchase land, a citizen must be the primary buyer and must submit a request for approval to the local municipal council, which allocates land at its discretion. Citizens may also rent or donate land to religious groups.

The law prohibits the naturalization of non-Muslims but allows male citizens of any religion to transmit citizenship to their descendants. Female citizens, regardless of religion, are unable to transmit nationality to their children.

An individual’s religion is not included on passports or national identity documents except for birth and marriage certificates, on which it is mandatory. On birth certificates issued to Muslims, there is no distinction between Sunni and Shia. Members of non-Abrahamic faiths are not able to list their religion on their birth certificate and a dash (-) is denoted in place of their religion.

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

Government Practices

The government pursued several cases against individuals for violating the national unity law and fomenting sectarianism. In January, the government announced it had prosecuted 57 individuals in 48 cases on charges of “stirring up sectarian strife” between 2016 and 2019.

In March, the Court of Cassation upheld the 10-year prison sentences of three citizens and the two-year sentence of one Syrian national for joining ISIS and plotting to blow up Shia mosques.

In March, authorities arrested three Indian nationals working at the Kuwait National Petroleum Corporation for insulting Islam and Muslims on Twitter. The three individuals were referred to authorities for legal action, but there was no update on the trial at year’s end.

In September, the MOI issued a statement saying that it had arrested a foreign national who posted a video clip on social media showing him “deliberately infringing on the sanctity of the Holy Quran.” The ministry added that the man was arrested and referred to “competent authorities.”

Although the law does not prohibit apostasy, the government continued its policy of not issuing new official documents for recording a change in religion unless the conversion was from another religion to Islam. According to press reports, in January, Yusuf Mehanna stated that the MOI had revoked his citizenship after he gave a public interview noting his intention to convert to Judaism. The government explicitly denied that it revoked any Kuwaiti’s citizenship during the year. At year’s end, Mehanna was living in the United Kingdom under the name Naftali ben-Yehuda.

In accordance with MAIA policy, the government continued to vet and appoint all new Sunni imams to ensure compliance with the government’s guidance on moderate and tolerant religious preaching. The Shia community continued to select its own clerics without government oversight. The government funded Sunni religious institutions, including mosques, and paid the salaries of all Sunni imams. The Shia community generally did not receive funding from the state for religious institutions and mosques. The government paid the salaries of some Shia imams. Some Shia mosques requested government assistance and received funds to pay for salaries and maintenance of their facilities.

According to the government, during the year, MAIA did not suspend, terminate, or discipline any imams for violating laws or insulting other religious groups. In August, Mohammed al-Mutari, MAIA Assistant Undersecretary for Mosques Department, told the Al-Rai newspaper that the ministry had received complaints from a number of worshippers at a Kuwait City mosque regarding the mosque’s imam, who had predicted that doomsday would arrive in 2024. Al-Mutari said that the incident was under review by the authorities.

Imams could add content to the sermons but needed to ensure the text adhered to the laws on political speech and avoided stoking sectarianism. Media sources reported that MAIA continued to caution imams to ensure their sermons were consistent with MAIA guidelines to refrain from discussing political issues and insulting other religions in their sermons or at any other time while under MAIA jurisdiction. MAIA required Sunni imams to send a recorded audio of their sermons to MAIA for review after the fact. MAIA also relied on reports of worshippers and others who might be dissatisfied if the imam discussed politics or insulted other faiths.

Shia sources and government authorities said the government did not officially monitor Shia clerics, who were free to write their own sermons if they did not violate existing laws or instigate sectarianism. If a questionable video appeared on social media or a worshipper reported a cleric, the government investigated. Due to the COVID-19 pandemic, there were fewer religious gatherings during the year and, unlike previous years, Shia representatives and government officials reported no incidents. According to officials at MAIA and members of the Shia community, MAIA did not monitor sermons or other activities at husseiniyas (Shia halls for religious commemorations) or at private gatherings. Some sources stated they believed the government unofficially monitored Shia clerics.

During the year, due to the pandemic, MAIA organized several online courses for Sunni imams to make their messages more effective in promoting tolerance and countering radicalization. In December, the Director of the Center for the Promotion of Moderation, Abdullah al-Shuraika, said that the center had not received any reports of cases of extremism during the year and also stated that the center had launched a hotline for receiving such reports. The center also continued its efforts to promote tolerance and moderation via television, radio, and online media as well as to rehabilitate prison inmates who were convicted in terror and extremism cases.

Representatives of registered churches continued to state the government was generally tolerant and respectful of their faiths. Members of non-Abrahamic faiths and unregistered churches continued to state they remained free to practice their religion in private but faced harassment and potential prosecution if they disturbed their neighbors or violated laws regarding assembly and proselytizing. They also continued to say they avoided conflict with authorities by not proselytizing or disparaging the government or other faiths. The government continued to allow such groups to operate in rented villas, private homes, or the facilities of registered churches. Many of these groups said they did not publicly advertise religious events or gatherings to avoid bringing unwanted attention to their organizations, both from the public and from government authorities.

Members of registered churches reported that as of October, MOSA refused their attempts to renew lists of authorized signatories, stating that only citizens have the authority to sign official documents on behalf of the churches. Representatives of the registered churches also reported that banks would no longer process donations on behalf of the churches unless they received approval from MOSA to fundraise and collect donations, requests that the churches say MOSA denied. In addition, church members said that MAIA refused to recognize marriage certificates for some churches that were not signed by Kuwaiti nationals, despite Kuwaitis not being among their ordained clergy. At year’s end, church representatives reported that they hoped to reach a resolution with government authorities in 2021.

Members of non-Abrahamic faiths and unregistered churches continued to say they experienced hardships in commemorating major religious or life events. Almost uniformly across these communities, members said they lacked sufficient religious facilities and religious leaders or clerics to lead prayers, bless births and marriages, and conduct appropriate death rituals. In many cases, members of these religious groups stated they resolved conflicts, such as child separation issues in divorce, marital status, or inheritance, internally within their communities rather than take legal action in the courts where they would be subject to sharia.

The government continued to require religious groups to obtain licenses from their respective municipalities for religious celebrations. Authorities retained the right to withdraw the license of any husseiniya not complying with the municipality’s rules. Minority religious communities continued to state they tried to keep a low profile and did not request permission for public celebrations from authorities, which they presumed would be rejected if they applied for it.

The MOI continued to provide added security and protection at religious sites for all recognized non-Sunni religious groups. Muslim and Christian leaders continued to report that the government, citing security concerns, kept in place the ban on outdoor religious observances instituted following an ISIS bombing of a Shia mosque in 2015 that killed 27 persons.

The government continued to require the Shia community to conduct Ashura activities inside closed structures rather than at outdoor locations. The government did not permit public reenactments of the martyrdom of Hussein or public marches in commemoration of Ashura. The government continued to station security forces outside some Sunni mosques and all Shia and Christian religious venues during times of worship throughout the year as a deterrent to possible attacks. The government also continued to provide security to Shia neighborhoods during Muharram and Ashura.

Authorities continued the government’s longstanding practice of prohibiting churches from displaying exterior signs, such as a cross or church bell.

Only private shops owned by religious organizations could legally import, display, or sell non-Islamic religious literature. The government did not permit non-Islamic religious publishing companies, although several churches published religious materials solely for their congregations’ use. Church leaders continued to report the government permitted registered Christian churches to import religious materials for use by their congregations under the condition that none of the content insulted Islam. Registered churches reported they were able to import religious materials in any language. According to the Ministry of Information, the MOIA reviewed books of a religious nature. Members of non-Abrahamic faiths and nonregistered churches continued to state they could import religious materials for their congregations if they brought in the materials as personal items when entering the country and did not try to sell them in public stores. While minority religious communities said they continued to be selective in the religious materials they imported and even more selective in giving access to the materials, many noted that this was less of an issue in the past year, given that their activities had moved almost entirely online due to COVID-19. They said they did not allow the circulation of these materials outside their congregations.

In March, the government announced that all mosques would be closed indefinitely to prevent the spread of COVID-19. In June, the government reopened some mosques for daily prayers while keeping them closed for Friday congregation prayers. At this time, Friday prayers were performed only in the Grand Mosque and broadcast live on television. By mid-July, more mosques were reopened and Friday congregation prayers were permitted. In August, all mosques were fully reopened. In December, the Council of Ministers announced that all Christmas gatherings, both inside and outside of churches, would be banned through January 10 over COVID-19 concerns.

Kuwait municipalities handled building permits and land issues for religious groups. The government said it received no applications for construction of new churches from religious groups during the year. The Greek Catholic Church indicated that it had requested additional land near its location in April to accommodate more worshippers. The government said it did not receive additional requests for registrations of new groups during the year.

Christian churches continued to report that government authorities did not respond to their petitions for expanding existing places of worship. Some churches said they stopped submitting such requests because the government did not respond.

Shia community members reported a continued lack of facilities for worship and difficulties obtaining permission to construct new facilities caused by the government’s delay in approving repairs to existing mosques or constructing new ones. MAIA reported there were 1,686 mosques in the country, including 31 mosques opened during the year. According to 2018 government statistics, of the 1,601 mosques existing that year, 1550 were Sunni and 51 Shia. Five new Shia mosques received permission to be built that year. A source from the Shia community said the government opened no new Shia mosques in 2019. There were 20-30 husseiniyas registered with the MOI and thousands of smaller Shia gatherings that took place in private homes.

Again citing security concerns, authorities stated they continued to act against unlicensed mosques. The government tasked MAIA, MOI, the municipality of Kuwait, and other agencies with finding solutions to end the use of such unregistered mosques. During the year, the government continued to raid makeshift mosques in remote areas and close them for operating without proper licenses. MAIA continued to operate under a mandate from the Council of Ministers to demolish unregistered mosques, stating that some of those mosques served as platforms of extremism. The demolition of these mosques continued during the year. Authorities said new unlicensed mosques continued to open. MAIA attempted to bring some underground mosques under its supervision by appointing and vetting imams, monitoring sermons, and licensing them.

According to Al-Rai newspaper, the parliament and the government approved a proposal in October to teach the Quran in kindergarten. Mohammed Haif, the member of parliament who proposed the bill, said that the measure would help build a generation “adhering to genuine Islamic values and teachings.”

All Islamic education courses – mandatory for Muslims – use the Sunni interpretation of Islam. According to the NGO Minority Rights Group International, Shia Muslims are not allowed to organize religious courses in public high schools or establish religious training centers.

The Ministry of Education continued to ban or censor instructional materials, including fiction and nonfiction books and textbooks, referring to the Holocaust or Israel. The ministry permitted public schools to teach and celebrate only Islamic holidays. Members of non-Islamic faiths largely said the government did not interfere with religious instruction inside private homes and on church compounds.

According to church leaders, although most churches provided faith-based instruction for children, none of them had government-accredited church-based schools. Accreditation for church-based schools would enable students to receive religious education while fulfilling government requirements and allow graduates to move on to higher education. The NECK repeatedly requested accreditation for its church-based school for many years, most recently in 2017, but authorities had not responded by year’s end. The Armenian Church and the Bohra Muslim community continued to operate accredited community schools in lieu of seeking accreditation as religious schools. Other groups continued to report they conducted religious studies in their places of worship.

Local sources suggested that the passage of the Shia Personal Status Law increased the need for Shia religious training facilities to help staff the courts with qualified judges. The government continued its practice of not responding to requests to establish Shia religious training institutions. Shia Muslims had to seek religious training and education abroad. According to members of the Shia community, the College of Islamic Law at Kuwait University, the only institution in the country that trains imams, provided some Shia jurisprudence courses but did not permit Shia professors on its faculty.

According to a September report in the newspaper Al-Qabas, more than 1,000 individuals applied for the first time to work as mosque imams and muezzins amid a vigorous drive to replace migrant workers with citizens. According to the report, MAIA eased testing criteria for these jobs in order to encourage qualified nationals to apply with the aim of raising the number of citizens working as imams and muezzins to 20 percent, up from the current 6 percent. Observers saw this as part of an ongoing and longstanding effort by the government to reduce reliance on foreign workers and to provide economic opportunities to its own nationals, an effort which accelerated during the year due to the economic slowdown caused by the COVID-19 pandemic.

Shia leaders continued to report that the lack of Shia imams limited their ability to staff Shia courts, causing a backlog of personal status and family cases. To address the backlog and shortage of staff, an ad hoc council the government created many years ago under the regular marital issues court to apply Shia jurisprudence continued to function.

Even though Shia make up an estimated 30 percent of the population, they remained underrepresented at all levels of government: six of 50 elected members in parliament, one of 16 cabinet members, one of six Amiri Diwan advisors, and disproportionately few senior officers in the military and police force. Shia community leaders continued to say there was a “glass ceiling” in promotions and difficulties in obtaining government jobs. Shia rarely held leadership positions in the security forces. Some Shia leaders said discrimination continued to prevent Shia from obtaining training for clerical positions and leadership positions in public sector organizations, including the police force and the military/security apparatus. According to the NGO Minority Right Group International (MRGI), “while Shia are able to work in the public sector without restrictions, some Shia have reported discrimination and barriers preventing them from obtaining senior leadership positions.”

MOSA issued visas for clergy and other staff to work at licensed places of worship. The government continued to impose quotas on the number of clergy and staff of licensed religious groups entering the country but granted additional slots upon request. The government continued to require foreign leaders of unregistered religious groups to enter the country as nonreligious workers.

On February 25, The Anti-Defamation League (ADL) reported that it monitored online search engines of exhibited materials for state-run book fairs in Kuwait City and other Gulf states. In every fair, the ADL found numerous examples of anti-Semitic books through their online platforms and apparently on site as well. The ADL report stated that at the November 2019 Kuwait International Book Fair, “ADL even found that some copies of Mein Kampf and The International Jew were listed in the event’s online catalog under Children’s Books.”

Media coverage included news on events and celebrations held by various Christian denominations in the country, such as Christmas services and church inauguration anniversaries attended by high-level government officials. On Orthodox Christmas in January, the Minister of Amiri Diwan Affairs, Ali Jarrah al-Saah, visited St. Mark Coptic Orthodox Church.

Legal Framework

The federal constitution states, “every person has the right to profess and practice his religion,” but gives federal and state governments the power to control or restrict proselytization to Muslims. The constitution names Islam as the “religion of the Federation,” and gives parliament powers to make provisions regulating Islamic religious affairs. Federal law allows citizens and organizations to sue the government for constitutional violations of religious freedom. Federal and state governments have the power to “control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.” The constitution identifies the traditional rulers, also known as sultans, as “Heads of Islam,” are the highest Islamic authorities within their respective states. Sultans are present in nine of the country’s 13 states; in the remaining four states and the Federal Territories, the highest Islamic authority is the King, selected to a five-year term from among the nine sultans in an established rotation order. Islamic law is administered by each state. The office of mufti exists in every state to advise the sultan in all matters of Islamic law. Sultans oversee sharia courts and appoint judges based on the recommendation of the respective state Islamic religious departments and councils who manage the operations of the courts. In states with no sultan and in the Federal Territories, the King assumes responsibility for this process.

Federal law has constitutional precedence over state law except in matters concerning Islamic law. A constitutional amendment provides that civil courts have no jurisdiction with respect to any matter within the jurisdiction of the sharia courts. However, since 2018, the Federal Court, the country’s highest, has held it has jurisdiction over the procedures of the sharia administrative authority in cases involving conversion of minors and that such jurisdiction may not be abrogated by a constitutional amendment.

The Sharia Judiciary Department (JKSM) is the federal agency charged with coordinating the sharia courts. The federal Department of Development of Islam (JAKIM) is the permanent secretariat of the federal Fatwa Committee, which consists of 14 muftis, one from each state and one representing the Federal Territories. The Sharia and Civil Technical Committee within the Attorney General’s Chambers oversee the process of sharia lawmaking at the federal level. A 1996 fatwa, supported by state laws, requires the country to follow only Sunni teachings of the Shafi’i school and prohibits Muslims from possessing, publishing, or distributing material contrary to those teachings.

Muslims who seek to convert to another religion must first obtain approval from a sharia court to declare themselves “apostates.” Sharia courts seldom grant such requests, especially for those born Muslim and ethnic Malays, and are reluctant to allow conversion for those who had previously converted to Islam. Penalties for apostasy vary by state. In the states of Perak, Melaka, Sabah, and Pahang, apostasy is a criminal offense punishable by a fine or jail term. In Pahang, up to six strokes of the cane may also be imposed. The maximum penalty for apostasy in the states of Kelantan and Terengganu is death, but this penalty has never been imposed, and its legal status remains untested. According to former Islamic Affairs Minister Jamil Khir, from 2000 to 2010, the sharia court approved 135 of 686 applications to no longer identify as a Muslim. NGOs report that most converts from Islam prefer to do so privately, without legal approval. Nationally, civil courts generally cede authority to sharia courts in cases concerning conversion from Islam. In some states, sharia courts allow one parent to convert children to Islam without the consent of the second parent. The law does not restrict the rights of non-Muslims to change their religious beliefs and affiliation. A non-Muslim wishing to marry a Muslim must convert to Islam for the sharia court to officially recognize the marriage.

A minor (under the age of 18, according to federal law) generally may not convert to another faith without explicit parental permission; however, some states’ laws allow conversion to Islam without permission after age 15. A 2018 decision of the Federal Court ruled against the unilateral conversion of children by a sharia court without the consent of both parents. The judgment said civil courts had jurisdiction to exercise supervisory powers over administrative decisions of state Islamic authorities.

Sedition laws regulate and punish, among other acts, speech considered hostile to ethnic groups, which includes speech insulting Islam. Convictions may result in prison sentences of three to seven years or up to 20 years if there is physical harm or damage to property. The law also bars speech that “promotes ill will, hostility, or hatred on the grounds of religion.”

Under sharia, which differs by state, individuals convicted of “deviant” religious activity face up to three years in prison, caning, or a 5,000-ringgit ($1,200) fine for “insulting” Islam. According to some state laws, Muslims may be fined 1,000 ringgit ($250) if they do not attend “counseling” after being found guilty of wearing what authorities deem immodest clothing. According to sharia law in some states, any individuals who sell food to fasting Muslims or Muslims who do not fast are subject to a fine, a jail sentence, or both.

JAKIM and state Islamic authorities prepare all Friday sermons for congregations as well as oversee and approve the appointment of imams at mosques. JAKIM and state Islamic officials must formally approve all teachers of Islam before they may preach or lecture on Islam in public.

There is no legal requirement for non-Muslim religious groups to register, but to become approved nonprofit charitable organizations, all groups must register with the government’s Registrar of Societies (ROS) by submitting paperwork showing the organization’s leadership, purpose, and rules, and by paying a small fee. These organizations are legally required to submit annual reports to the ROS to remain registered. The ROS may inspect registered organizations and investigate those suspected of being used for purposes “prejudicial to public peace, welfare, good order, or morality.”

Tax laws allow a tax exemption for registered religious groups for donations received and a tax deduction for individual donors. Donors giving zakat (tithes) to Muslim religious organizations receive a tax rebate. Donors to government-approved charitable organizations (including some non-Muslim religious groups) may receive a tax deduction on the contribution rather than a tax rebate.

Under sharia, caning is permitted in every state. Offenses subject to caning, sometimes in conjunction with imprisonment, include consensual same-sex sexual relations and prostitution. Caning is also permitted for a wider variety of offenses under the penal code.

The law forbids proselytizing of Muslims by non-Muslims, with punishments varying from state to state, including imprisonment and caning. The law allows and supports Muslims proselytizing without restriction.

State governments have exclusive authority over allocation of land for, and the construction of, all places of worship as well as land allocation for all cemeteries.

All Islamic houses of worship – including mosques and prayer rooms – fall under the authority of JAKIM and corresponding state Islamic departments; officials at these departments must give permission for the construction of any mosque or prayer rooms.

Islamic religious instruction is compulsory for Muslim children in public schools; non-Muslim students are required to take nonreligious morals and ethics courses. Private schools may offer a non-Islamic religious curriculum as an option for non-Muslims.

Sharia courts have jurisdiction over Muslims in matters of family law and religious observances. Non-Muslims have no standing in sharia proceedings, leading to some cases where sharia court rulings have affected non-Muslims who have no ability to defend their position or appeal the court’s decision, most frequently in rulings affecting custody, divorce, inheritance, burial, and conversion in interfaith families. The relationship between sharia and civil law remains largely unresolved in the legal system. When civil and sharia jurisdictions intersect, civil courts continue largely to give deference to sharia courts, creating situations where sharia judgments affect non-Muslims.

Two states, Kelantan and Terengganu, have enacted hudood (the Islamic penal law) for Muslims, although the federal government has never allowed the implementation of that code. The states may not implement these laws without amendments to federal legislation and the agreement of the sultan.

The legal age of marriage is 16 for Muslim females and 18 for Muslim males, except in Selangor State, where Muslim and non-Muslim females must be 18. Sharia courts may make exceptions for marriage before those ages with the permission of parents. Non-Muslims must be 18 to marry, but may marry as young as 16 with the approval of their state’s chief minister.

National identity cards specify religious affiliation, and the government uses them to determine which citizens are subject to sharia. The cards identify Muslims in print on the face of the card; for members of other recognized religions, religious affiliation is encrypted in a smart chip within the identity card. Married Muslims must carry a special photo identification of themselves and their spouse as proof of marriage.

Foreign missionaries and international students for religious courses must apply for a professional visit pass with the Department of Immigration. This visa is given on a year-to-year basis and must be endorsed by a national body representing the respective faiths.

JAKIM coordinates the Hajj, endowment (waqf), tithes (zakat), and other Islamic activities.

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

Government Practices

Police made little progress in investigating the disappearance in 2016 of Christian pastor Joshua Hilmy and his wife, Ruth Sitepu, reportedly due to a lack of information on the case. In February, SUHAKAM initiated a public inquiry into their disappearance. A witness testified that Hilmy had told him that “religious authorities were looking for him” due to his conversion from Islam to Christianity without following the required legal procedures. The witness said Hilmy told him he had not been threatened. Another witness testified in March that Hilmy had shown him an email from then Minister of Youth and Sports Khairy Jamaluddin instructing Hilmy to “leave the country.” Jamaluddin denied the accusation in a statement, noting, “I never personally knew Joshua Hilmy, Ruth Hilmy, nor (the witness) Selvakumar Peace John Harris. I also deny having sent the alleged email, nor have I contacted them through any means of communication.” SUHAKAM’s inquiry was suspended in March after two of its commissioners tested positive for COVID-19, but it resumed in August and was ongoing at year’s end.

A government-appointed panel formed in June 2019 to investigate SUHAKAM’s determination that the Royal Malaysia Police intelligence unit, Special Branch, was responsible for the 2016 “enforced disappearance” of Shia Muslim social activist Amri Che Mat made little progress in its investigation, according to SUHAKAM. In August, the NGO Citizens against Enforced Disappearances (CAGED) urged the government to release the findings of the panel and police to reveal actions taken in response to the SUHAKAM report. The government-appointed panel did not investigate the disappearance of Christian pastor Raymond Koh in 2016, however, as the government argued it was “out of scope” of the panel, purportedly because prosecutors had previously charged him with extorting Koh’s son for information in the case.

In February, Susanna Liew, the wife of Pastor Koh, initiated legal action against the federal government and several senior officials for failing to properly investigate her husband’s kidnapping, accusing them of negligence, misfeasance, and conspiracy to injure.

Despite calls from the High Court for police to locate Indira Gandhi’s former husband and their youngest child, whom he abducted in 2009, both remained missing as of September. Gandhi, a Hindu, had earlier sued successfully to deny her former husband’s unilateral conversion of their three minor children to Islam. In February, Gandhi initiated legal proceedings against the police and the police inspector-general (IGP) for failing to locate her daughter, Prasana. At year’s end, the IGP had not disclosed Prasana’s location nor announced any progress on her case.

In February, the Sharia High Court pursued contempt charges against Member of Parliament Maria Chin Abdullah for statements she made in 2019 asserting that the sharia court discriminated against women. The prosecution said Chin’s comments harmed the reputation of the court.

In July, an Indonesian man was sentenced to 22 years’ imprisonment and fined 5,000 ringgit ($1,200) for training members of a WhatsApp group, “sejati sejiwa” (one true soul), to commit terrorist acts and for possessing items linked to ISIS. Police said the man had been preparing to attack a Hindu temple in Selangor in 2019 to “avenge” the death of a Muslim firefighter who was killed when responding to a riot at a Hindu temple in Kuala Lumpur in 2018.

In May, the Federal Court allowed a man to challenge the constitutionality of a law in the sharia legal code against “unnatural sex.” The man’s lawyer argued that the Selangor State legislative body had no power to apply sharia because sharia pertained to criminal law, which falls under federal jurisdiction, and that there was already a federal law on “unnatural sex” in the penal code.

Abdul Hadi Awang, president of the Pan-Malaysian Islamic Party (PAS), which is a member party of the ruling Perikatan National coalition, said that the NGO G25, described by academics and the media as a promoderation group of eminent Malay individuals and civil servants, posed an intellectual threat to Muslims and was more dangerous than a militant group. A G25 report on the administration of Islam in Malaysia stated that Muslims who chose to convert to another faith or practice no faith should not face criminal punishment.

Civil society activists said the government selectively prosecuted speech denigrating Islam and largely ignored criticisms of other faiths. In February, a sessions court fined Wai Foo Sing 15,000 ringgit ($3,700) under the Communications and Multimedia Act for posting what the court said was an obscene graphic of the Prophet Muhammad and his wife on Facebook. The court said, “It is undeniable that the accused’s inappropriate, offensive, and obscene posting based on religion has transgressed the parameters of free speech guaranteed under our constitution.” In March, a judge fined Ain Zafira Md Said, a student, 4,000 ringgit ($1,000) in lieu of three months in jail for insulting the Prophet Muhammad on social media in 2019. In April, authorities detained two individuals and initiated investigations under the Sedition Act and Communications and Multimedia Act relating to a social media video mocking Muslims praying. In July, a court sentenced Danny Antoni to 26 months in prison after finding him guilty on two counts of insulting the Prophet Muhammad, Islam, and the president of PAS, Abdul Hadi Awang, in a Facebook post.

In September, police opened an investigation into Member of Parliament Nik Muhammad Zawawi Nik Salleh for his remarks in parliament stating that “the Bible was distorted or altered.” Zawawi said he had no reason to apologize, since his statement was “a fact,” and he said the Christian community had “no right to be offended.” The investigation against Zawawi remained open at year’s end.

Lawyers called for the Ministry of Education to issue a directive forbidding religious conversion of students in school. In January, a Christian family in Sarawak state sued authorities over the conversion of their son, a minor, to Islam by a ustaz (religious teacher) in his school without the parents’ knowledge or consent. “My client’s instruction is to challenge the validity of the conversion of their son. He is still a minor. The parents were unaware of the conversion. They were shattered when they found out,” said Priscilla Ruth Marcus, the family’s lawyer. According to Marcus, “This is not the first reported case.” NGOs reported that similar cases reinforced fears among parents of rural Christian communities in Sabah and Sarawak State about what might happen if they send their children to boarding schools.

In January, government and religious authorities in Sabah State initiated investigations into reports that the Malaysian Islamic Economic Development Foundation, a quasigovernmental charity trust fund, offered cash to individuals who agreed to convert to Islam. Then Assistant Education and Innovation Minister Jenifer Lasimbang told media, “It’s not a new thing. These things have been happening for a few years.” The foundation denied the allegations.

JAKIM continued to implement established federal guidelines on what constituted deviant Islamic behavior or belief. State religious authorities generally followed these guidelines. Those differing from the official interpretation of Islam continued to face adverse government action, including mandatory “rehabilitation” in centers that teach and enforce government-approved Islamic practices. The government forbade individuals to leave such centers until they completed the program, which varied in length but often lasted approximately six months. These counseling programs continued to be designed to ensure the detainee adopted the government’s official interpretation of Islam. In January, the NGO G25 denounced various state laws penalizing apostasy, whether by fines, caning, imprisonment, or extended “rehabilitation,” as inconsistent with the constitution, which guarantees freedom of religion.

Religious Affairs Minister Zulkifli Mohamad al-Bakri made a statement in July that religious authorities would arrest transgender individuals and provide them religious education to “return to the correct path.” In August, JAKIM filed a police report against activist Nicole Fong, accusing her of defamation because of her tweets detailing JAKIM’s religious conversion program that targeted the LGBTQ community. In a statement, 15 NGOs said JAKIM intimidated human rights defenders with heavy-handed tactics that “send a message to Malaysians that we are not allowed to question governmental policies and programs.”

NGO sources reported it remained difficult for Muslims attempting to convert and for non-Muslims mistakenly registered as Muslims to change the religious designation on their identification cards. A woman in Sabah State, Nusiah Pulod, faced significant bureaucratic challenges in attempting to remove the “Islam” designation printed on her identification card even though she said she was born Christian and had never converted. As a result, Nusiah was unable to marry her non-Muslim fiance, since the registration office would not recognize what it considered to be a mixed-faith marriage involving a Muslim. Nusiah said many Christian families in her village faced similar problems.

The government continued to prohibit Israeli citizens from entering the country without approval from the Ministry of Home Affairs, and it limited Malaysians’ ability to travel to Israel. Former Prime Minister Mahathir Mohamad said in a June interview with Lebanese al-Mayadeen TV that it is better for Muslims to attack Israelis directly rather than carry out terrorist attacks against European countries and the United States. “The enemy is Israel. [If] you want to do anything, do it to the Israelis, like some of the Palestinians in Jerusalem, who individually attack Israeli soldiers. That is the enemy.” He also said that Jews controlled the media in the United States. “It is a propaganda campaign on the part of the Jews. They own all the newspapers in America. They own the TV stations. So they have tremendous influence.”

All foreign missionaries – both Muslim and non-Muslim – coming to the country to conduct religious talks were subjected to mandatory background checks for what the government termed national security reasons to ensure missionary groups are free from “deviant” teachings.

State-level Islamic religious enforcement officers continued to have the authority to accompany police on raids of private premises and public establishments and to enforce sharia, including for violations such as indecent dress, distribution of banned publications, alcohol consumption, or khalwat (close proximity to a nonfamily member of the opposite sex). In January, the Islamic Affairs and Religious Department in Kelantan State detained seven Muslim couples on suspicion of committing khalwat during a seasonal “antivice” operation in conjunction with the Lunar New Year celebration. A government representative said the operation was intended to “track down those who took the opportunity of the long public holiday to commit immoral behavior.” Four Muslim women were also issued summonses for wearing “sexy and tight clothing in public.”

In July, the Terengganu State government implemented a gender segregation policy in cinemas in what it said was a measure to ensure adherence to sharia. According to a local cinema operator, married couples needed to provide legal proof of marriage and were subjected to random checks. Muslim moviegoers were also required to dress according to Islamic regulations, while non-Muslim moviegoers were required to dress modestly.

Authorities in Terengganu State said they would soon introduce additional gender-segregation guidelines for event organizers barring female entertainers, including non-Muslims, from performing before male audiences.

In August, the chairman of the Kelantan State Community Unity, Culture, Heritage, and Tourism Committee said the state would review for “corrections” a century-old indigenous dance form, Main Puteri, that it considered “un-Islamic” in order to meet sharia compliance before the dance could be reintroduced for public entertainment.

Officials at the federal and state levels oversaw Islamic religious activities, distributed all sermon texts for mosques to follow, used mosques to convey political messages, and limited public expression of religion deemed contrary to Sunni Islam. In February, a mosque in the state of Perak that organized a Chinese New Year celebration was censured by the Perak Islamic Religious Department for “disrespecting the sensitivity of the Muslim community.” In December, Deputy Minister of Religious Affairs Ahmad Marzuk Shaary reported that the National Fatwa Council was investigating the teachings of Asmaul Husna Wan Maseri, founded by former PAS council member Professor Wan Maseri Wan Mohd in Kelantan, on allegations of deviation from Sunni Islam. The group had been declared as heretical in the states of Terengganu, Negeri Sembilan, and Pahang and the Federal Territories.

The government continued to maintain restrictions on religious assembly and provisions; these denied certain religious groups the ability to register as charitable organizations. Many churches and NGOs continued to find registration difficult, with the ROS denying or delaying many applications without explanation or for highly technical reasons. Representatives of religious groups continued to say the registrar had no consistent policy or transparent criteria for determining whether to register religious groups.

In cases in which the government refused to register a religious group, the group could pursue registration as a company. Religious groups reported registering as a company was generally relatively quick and provided a legal basis for conducting business, did not limit the group’s religious activities, and allowed the organization to conduct certain activities such as holding a bank account and owning property, but registering did not give the organization tax-exempt status or government funding. Examples of religious groups that continued to be registered as companies included Jehovah’s Witnesses and the Church of Jesus Christ.

Federal and state governments continued to forbid religious assembly and worship for groups considered to be “deviant” Islamic groups, including Shia, Ahmadiyya, and al-Arqam. While Ahmadi Muslims in the country reported generally being able to maintain a worship center, government religious authorities did not allow them to hold Friday prayers, as these could only be performed in an officially registered mosque. In January, the Selangor State Islamic Religious Department (JAIS) said there were 15 Shia religious centers, which JAIS considered to be a significant increase. The chairperson of JAIS said the agency would intensify efforts to monitor Shia Muslims and raid Shia religious gatherings and would also provide information on the alleged dangers of Shia Islam to schools and mosques throughout the state. In response, the NGO Islamic Renaissance Front (IRF) said JAIS was promoting “an intolerant religion [Islam] in this modern age.”

In August, the Court of Appeal petitioned the High Court to determine whether 39 Ahmaddiya Muslims were to be considered Muslim following an appeal by JAIS against a 2018 High Court decision stating that the sharia court had no jurisdiction over the Ahmadi community, since JAIS had refused to recognize them as adherents of Islam. The petitioners challenged their 2014 sharia offenses charged by JAIS on the basis that Islamic authorities in Selangor State did not recognize Ahmadiyya as Muslims and that the petitioners were therefore outside JAIS jurisdiction. The High Court ruled in August, “The Ahmaddiya were, as with all other persons, entitled to freedom of religion, subject to the Federal Constitution.” The court also said the country’s dual legal system and the issuance of identity cards stating their holders’ religion as Islam compounded the ambiguity of their religious status as Muslims. The three-member bench chaired by Justice Badariah Sahamid further stated, “It is timely that all states, along with the federal government, work out a unified regime to determine the religious status of the Ahmadiyya so that they are not put at risk of sharia investigations and prosecution.”

The country’s movement control order (MCO), established to prevent the spread of COVID-19, banned gatherings of any kind from March 18 through June 4, including religious gatherings. During Ramadan, the MCO prohibited Muslims from worshiping in mosques, breaking their fast outside their homes, and visiting Ramadan bazaars, a popular tradition. The government assured Muslims that all religious obligations could be carried out at home and noted exceptions for front-line responders and those who were ill. State religious leaders, including conservative representatives from PAS, supported the federal government’s measures, noting “we must accept it and obey the rules of social distancing to protect our lives.” Non-Islamic leaders said that they were not consulted or warned by the government before restrictions were imposed.

In September, the Federal Court allowed the NGO Sisters in Islam (SIS) to proceed with a hearing to seek a court declaration to invalidate a Selangor State law that enabled sharia courts to review decisions made by state religious authorities. In 2019, the High Court dismissed the NGO’s application for a civil court to review a 2014 Selangor State fatwa that found the organization “deviant” infringed the group’s and its members’ constitutional rights. The 2014 fatwa said SIS deviated from the teachings of Islam because the group subscribed to the principles of liberalism and religious pluralism. The fatwa did not define “liberalism” or “pluralism.” The fatwa also ruled that the NGO’s books and materials could be seized. At year’s end, no action had been taken against the NGO, which continued to function nationally.

In September, JAIS arrested Abdul Kahar Ahmad and 16 followers for spreading the teachings of a “deviant sect” that had been banned in 1991. JAIS confiscated books, cell phones, laptops, and other materials. Following the arrest, the Minister of Religious Affairs said the government will consider distributing reading materials on “deviant” teachings to imams and religious teachers appointed by religious authorities in order to warn the public of the dangers of such teachings. Abdul Kahar and three of those arrested were released on bail, while the other 13 remained in custody. Abdul Kahar, who proclaimed himself a Rasul Melayu (Malay prophet), was previously arrested in 2009 and sentenced to 10 years imprisonment, six strokes of caning, and a fine of 16,500 ringgit ($4,100).

There were restrictions on the use of the word “Allah” and as many as 31 other Islam-related words by non-Muslims. These restrictions included saying certain words, such as “Allah,” “al Quran,” or “fatwa” out loud, or using or producing Bibles or recorded religious materials that refer to God using the term “Allah.”

In October, the Court of Appeal dismissed a discovery application by Sidang Injil Borneo, an evangelical Christian church based in Sabah and Sarawak, for the documents the Home Affairs Ministry used to support its ban on the Church’s and its Malay-language speaking congregation’s right to use the word “Allah” in Bibles and other religious publications. The ministry argued that the documents sought by the Church fell under the Official Secrets Act 1972.

The government continued to ban books for promoting Shia beliefs, mysticism, and other beliefs the government determined “clearly deviated from the true teachings of Islam.” In February, the Court of Appeal overturned the government’s ban on three books written by IRF. The Ministry of Home Affairs originally banned the books in 2017 for content that did not comply with the government’s interpretation of Islam, a decision the High Court upheld in 2019. IRF representatives welcomed the court’s decision, stating it fulfilled its role as “the last bastion for the protection of freedom of expression.”

A 2019 investigation into the book Unveiling Choices by Maryam Lee remained open. The book was alleged by JAIS to “insult or bring into contempt the religion of Islam.” It narrates Lee’s personal reasons for removing her hijab as well as the sociopolitical relationship between Muslim women and the Malaysian state. Lee would be subject to a fine of up to 5,000 ringgit ($1,200), up to three years in prison, or both, if found guilty.

Non-Muslim groups continued to report regular difficulties in obtaining permission from local authorities to build new places of worship, leading many groups to use buildings zoned for residential or commercial use for their religious services. Observers said this practice remained largely tolerated but left the religious groups vulnerable. In March, authorities demolished the 100-year-old Sri Maha Mariamman Temple located within the Kamunting detention center in Taiping, Perak State. According to media reports, authorities did not inform the temple’s leaders of the impending demolition. Facebook later removed a post by Penang Deputy Chief Minister P. Ramasamy questioning whether the demolition was in part organized by a federal government dominated by ethnic Malay Muslims. “I think the title of the post, which asserted that the structure was probably the first Hindu temple demolished under the Perikatan National [ruling coalition] government, irked the powers that be,” Ramasamy commented to the media.

PAS party leader Hadi said during a September speech at the annual general meeting of party that only Malay-Muslim unity could lead and save the country. According to media reports, Hadi said, “The nation that is with Islam must rise so that it is not swept away by the influence of non-Muslims, who lose their identity.” In January, Hadi described choosing between Muslim and non-Muslim rule: “If we [Muslims] are patient with each other, and even if [the leadership] is cruel, we can at least be cow herders, but under other people’s rule, we will become pig herders.” Lim Kit Siang, the leader of the Democratic Action Party, which is part of the opposition coalition but has the most seats in the lower house of parliament, responded, “The advocates of this version of politics are gambling with the future of a multiracial, multilingual, multireligious, and multicultural nation.”

The Prime Minister’s office tasked government agencies, including the federal Department of National Unity and Integration, with encouraging religious harmony and protecting the rights of minority religious groups. Many faith-based organizations, however, continued to state they believed that no entity had the power and influence of those that regulated Islamic affairs, and they cited the large footprint and budget for JAKIM compared to the more limited funding for the Department of National Unity and Integration. That department’s annual budget was approximately 275 million ringgit ($68.41 million), while 1.4 billion ringgit ($348.3 million) was marked for the development of Islam under JAKIM alone.

In April, the government allocated 21 million ringgit ($5.22 million) to assist private Islamic schools whose operations were affected by the COVID-19 pandemic. The government said the assistance was part of 100 million ringgit ($24.88 million) allocated to JAKIM under the 2020 budget supplement intended to finance the maintenance and upgrading of Islamic schools. Non-Islamic schools did not receive this funding.

During the year, JAKIM continued to fund a wide variety of Islamic education- and mosque-related projects. There were no funds in the government budget specifically allocated to non-Muslim religious groups, although some religious groups reported continuing to receive sporadic funding for temple and church buildings and other activities.

At public primary and secondary schools, student assemblies frequently commenced with the recitation of an Islamic prayer by a teacher or school leader. Particularly in the country’s peninsula, community leaders and civil liberties groups said religion teachers in public schools pressured Muslim girls to wear the tudong (Islamic head covering) at school. Some private schools required Muslim girls to wear veils covering their faces except for their eyes. Homeschooling remained legal, but some families continued to report difficulty in obtaining approval from the Ministry of Education.

There were continued complaints concerning what critics said were religious overtones and symbols in public schools. In January, family members of children enrolled in government residential schools questioned what they said was an overemphasis on religious practices: schools frequently compelled students to attend group prayers and rituals, causing the studies of other subjects to be neglected. In response, the schools stated the rituals were intended to obtain “blessings” that would ensure that students excelled academically, and that would elevate the status of the school. “They are competing on which school is more Islamic instead of being better academically,” said one parent. Another parent told the online news portal Free Malaysia Today that her daughter was compelled to attend a “ruqyah” (exorcism) session to be cured from the possession of “bad spirits” after skipping Islamic instruction to attend biology classes.

An effort by the government to revive Jawi, an archaic Arabic script, in lessons on Bahasa Melayu in vernacular primary schools sparked tensions along ethnic and religious fault lines. Following an outcry from Chinese groups that the Jawi revival was an attempt at Islamization, the Ministry of Education pared down the pages to be taught on Jawi from six to three. Then Deputy Minister of Education Teo Nie Ching later clarified that Jawi lessons in vernacular schools could only be introduced with majority approval from parent-teacher associations.

In January, Mohd Khairul Azam Abdul Aziz, vice president of Parti Bumiputera Perkasa Malaysia, a Malay nationalist political party, wrote that a public school in Puchong, Selangor State, was propagating religion to its students through decorations for Lunar New Year. He stated, “The complaints we’ve received show unease at the excessive Chinese New Year 2020 decorations….This is distressing for Muslim students and is also against Article 3(1) of the Federal Constitution.” In a sign of support for the school, the then Deputy Prime Minister and six other cabinet ministers visited it and helped put up Lunar New Year decorations.

In the same month, the Ministry of Education issued a circular stating that JAKIM advised that Ponggal, a Tamil harvest festival, is haram (forbidden) in Islam. Responding to a public outcry, then Minister of Islamic Affairs Mujahid Yusof Rawa said that JAKIM had not prohibited schools from celebrating the festival, since, “It was permissible for Muslims to take part in the celebration as long as Islamic ethics were observed.” Mujahid called for stern action against the Ministry of Education official responsible for the circular in question.

The government continued not to recognize marriages between Muslims and non-Muslims and considered children born of such unions illegitimate. In a February ruling, the Federal Court determined that a Muslim child conceived or born out of what the state determined to be wedlock could not bear his or her father’s name, even if requested by the father. The court said the law “does not enable Muslim children to be named with the personal name of a person acknowledged to be the father” because ethnic Malays do not use surnames. The NGO SIS praised the court’s other ruling that children born out of wedlock do not have to automatically use the surname “bin Abdullah” or “binti Abdullah,” which carries a social stigma in the country where children with these surnames are often “ridiculed, attacked, bullied, or targeted.”

Then Minister for Islamic Affairs Mujahid Yusof Rawa said he would ask the Malaysian Communications and Multimedia Commission to take action against Nur Sajat, a prominent transgender entrepreneur, after she posted pictures of herself wearing a prayer garment on pilgrimage in Mecca in February. Muhajid said Nur Sajat’s actions were an “offense” and could compromise the country’s relationship with Saudi Arabia. JAKIM circulated copies of Nur Sajat’s passport and other documents were circulated on social media, raising concerns among civil society groups about her privacy and safety. The NGO Justice for Sisters condemned the government’s action, stating, “The real concern is not the telekung (prayer garment), but her safety and security, the breach of privacy, and the lack of rights and evidence-based response by the government.”

Legal Framework

The Basic Law of Governance establishes the country as a sovereign Arab Islamic state, the religion of which is Islam. The Basic Law defines the country’s constitution as the Quran and the Sunna (sayings and teachings of the Prophet Mohammed) and states the “decisions of judges shall not be subject to any authority other than the authority of the Islamic sharia.” The Basic Law contains no legal recognition or protection of freedom of religion. Conversion from Islam to another religion is grounds for the charge of apostasy, which is legally punishable by death, although courts have not carried out a death sentence for apostasy in recent years.

The Basic Law states the duty of every citizen is to defend Islam, society, and the homeland. Non-Muslims must convert to Islam before they are eligible to naturalize. The law requires applicants for citizenship to attest to being Muslim and to obtain a certificate documenting their religious affiliation endorsed by a Muslim religious authority. Children born to Muslim fathers are deemed Muslim by law.

The judicial system is largely based on laws derived from the Quran and the Sunna. All judges are religiously trained, although they often also have specialized knowledge of nonreligious legal subjects. In several areas, including commercial and financial matters and criminal law related to electronic and cybercrimes or terrorism, jurisprudence increasingly is based on international models rather than religious texts. Law on religious matters, which often affects civil law, particularly on personal status issues, is developed by fatwas (official interpretations of religious law) issued by the 21-person CSS that reports to the King. By law, these fatwas must be based on the Quran and Sunna. The Basic Law also states that governance is based on justice, shura (consultation), and equality, according to sharia.

The law specifies a hierarchical organization and composition of the CSS, the Permanent Committee for Scholarly Research and Religious Rulings, and the Office of the Mufti, together with their functions. The Basic Law recognizes the CSS, supported by the Permanent Committee for Scholarly Research and Religious Rulings, as the supreme authority on religious matters. The CSS is headed by the Grand Mufti and is composed of Sunni religious scholars and jurists, 18 of whom are from the Hanbali school of jurisprudence, with one representative of each of the other Sunni schools (Malaki, Hanafi, and Shafi’i). There are no Shia members. Scholars are chosen at the King’s discretion and serve renewable four-year terms, with many serving for life.

The counterterrorism law criminalizes, among other things, “calling for atheist thought in any form or calling into question the fundamentals of the Islamic religion.” It criminalizes “anyone who challenges, either directly or indirectly, the religion or justice of the King or Crown Prince.”

According to the Basic Law of Governance, “The Judiciary is an independent authority. The decisions of judges shall not be subject to any authority other than the authority of the Islamic sharia. The courts shall apply rules of the Islamic sharia in cases that are brought before them, according to the Holy Quran and the Sunna, and according to laws which are decreed by the ruler in agreement with the Holy Quran and the Sunna.” In the absence of a common law system and comprehensive criminal code, rulings and sentences can diverge widely. Criminal appeals may be made to the appellate and supreme courts, where in some instances, appellate decisions have resulted in a harsher sentence than the original court decision. Government universities provide training in all four Sunni schools of jurisprudence, with a focus on the Hanbali school.

In legal cases involving accidental death or injury, compensation sometimes differs according to the religious affiliation of the plaintiff. In the event a court renders a judgment in favor of a plaintiff who is a Jewish or Christian male, a court may rule the plaintiff is entitled to receive 50 percent of the compensation that a Muslim male would. In some circumstances, other non-Muslims may only receive one-sixteenth the amount a male Muslim would receive.

The Basic Law requires the state to protect human rights in accordance with sharia. The HRC, a government entity, is tasked with protecting, enhancing, and ensuring implementation of international human rights standards “in light of the provisions of sharia,” and regularly follows up on citizen complaints. There are no formal requirements regarding the composition of the HRC. During the year, the commission had approximately 26 members from various parts of the country, including four Shia members.

Blasphemy against Islam is legally punishable by death, but courts have not sentenced individuals to death for blasphemy since 1992. Punishments for blasphemy may include lengthy prison sentences. Criticism of Islam, including expression deemed offensive to Muslims, is forbidden on the grounds of preserving social stability.

In April, the Supreme Court instructed all courts to end flogging as a ta’zir (discretionary) criminal sentence and to replace it with prison sentences or fines. As a result of this decision, flogging may no longer be used against those convicted of blasphemy, public immodesty, sitting alone with a person of the opposite sex, and a range of other crimes. However, judicial officials noted that flogging still may be included in sentences for three hudood offenses (crimes that carry specific penalties under the country’s interpretation of Islamic law): drunkenness, sexual conduct between unmarried persons, and false accusations of adultery.

In April, a royal decree abolished ta’zir death penalty sentences for those who committed crimes as minors. (The Juvenile Law sets the legal age of adulthood at 18, based on the Hijri calendar.) Minor offenders, however, who are convicted of qisas, a category of crimes that includes various types of murder, or hudood offenses could still face the death penalty. The royal decree also capped prison sentences for minors at 10 years.

The country is the location of Mecca and Medina, Islam’s two holiest sites. The government prohibits non-Muslims from entering central Mecca or religious sites in Medina. Muslims visit these cities on the annual Hajj pilgrimage and during Umrah pilgrimage throughout the rest of the year. The government has stated that caring for the holy cities of Mecca and Medina is a sacred trust exercised on behalf of all Muslims. The King employs the official title of “Custodian of the Two Holy Mosques,” in reference to the two cities. Citing reasons of public safety and logistics, the government establishes national quotas for foreigners and issues permits to Muslim residents (including its own nationals) to participate in the Hajj.

Sunni Muslim clerics are vetted and employed by the MOIA. Only government-employed clerics are permitted to deliver sermons, which must be vetted by the MOIA in advance.

Clerics traveling abroad to proselytize must be granted approval by the MOIA and operate under MOIA supervision. The stated purpose of this regulation is to limit the ability of religious scholars to travel or to preach overseas and to prevent the actual or apparent interference by clerics in the domestic affairs of other states.

Public school students at all levels receive mandatory religious instruction based on Sunni Islam according to the Hanbali school of jurisprudence. Private schools are not permitted to deviate from the official, government-approved religious curriculum. Private international schools are required to teach Saudi students and Muslim students of other nationalities an Islamic studies course, while non-Muslim, non-Saudi students sometimes receive a course on Islamic civilization or alternative coursework in place of the curriculum designed for Saudi students; courses entail one hour of instruction per week. Private international schools may also teach courses on other religions or civilizations.

The Commission for the Promotion of Virtue and Prevention of Vice (CPVPV) is a government agency charged with monitoring social behavior and reporting violations of moral standards to law enforcement authorities. The CPVPV’s powers have been significantly curbed in recent years and its activities are now limited to providing counseling and reporting individuals suspected of violating the law to police. The CPVPV may not detain, arrest, pursue, or demand the identification documents of any person; these actions are explicitly reserved to the purview of law enforcement officials. The Ministry of Interior (MOI) oversees CPVPV operations on the King’s behalf. According to law, the CPVPV must “uphold its duties with kindness and gentleness as decreed by the examples of the Prophet Mohammed.” CPVPV field officers do not wear uniforms, but they are required to wear identification badges.

A royal decree bans publishing anything “contradicting sharia, inciting disruption, serving foreign interests that contradict national interests, and damaging the reputation of the Grand Mufti, members of the Council of Senior Religious Scholars, or senior government officials.”

Social media users who post or share content considered to attack religion face imprisonment for up to five years under the Anticybercrime Law. Those found guilty of distributing content online deemed to disrupt public order, public morals, or religious values may also be subject to a fine of three million riyals ($800,000).

The law does not allow for political parties or similar associations. The law does not protect the right of individuals to organize politically and specifically bans a number of organizations with political wings, including the Muslim Brotherhood, as regional and local terrorist groups.

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

Government Practices

Nongovernmental organizations (NGOs) and Shia activists said authorities committed a range of abuses against members of Shia communities. While NGOs and Shia activists stated that the prosecution of Shia was often based on religious affiliation, observers said that members of other religious groups faced arrest and trial for similar offenses.

In February, online activists reported that the Supreme Court upheld a death sentence against Shia activist Mustafa al-Khayat. The court convicted al-Khayat on charges including participating in demonstrations, disrupting security, and carrying weapons, according to the Berlin-based European Saudi Organization for Human Rights (ESOHR).

On June 8, ESOHR reported that on January 24, 2019, the Public Prosecutor’s Office sought the hudood penalty for hirabah (unlawful warfare or insurgency) against Shia Jalal Hassan Labbad on a variety of charges, including participating in protests, some of which dated to when he was a minor. ESOHR also stated that authorities tortured Labbad during his imprisonment.

In July, SRW stated that security forces raided the predominately Shia town of Safwa, resulting in several arrests and one individual being shot and injured.

As many as 53 individuals, most believed to be Shia, faced the possibility of execution, according to an October report by ESOHR. The trials of 25 individuals, most of them Shia, on charges carrying potential death sentences were ongoing at year’s end, and one of those convicted was awaiting a Supreme Court ruling. International human rights NGOs stated that many of the convictions were “based on confessions extracted through prolonged solitary confinement and torture” during pretrial detention and interrogation. Local Shia activists and international human rights groups questioned the competence, independence, and impartiality of the judiciary, and noted that the underlying charges were inconsistent with international principles of freedom of assembly, expression, and association.

On October 29, ESOHR reported the SCC held a new hearing in the trial of eight Shia detainees, including five minors (Ahmed Abdul Wahid al-Faraj, Ali Mohammed al Bati, Mohammed Hussein al Nimr, Ali Hassan al-Faraj, and Mohammed Issam al-Faraj). Human Rights Watch reported that prosecutors were seeking the death penalty for the eight men under hudood, which would leave them ineligible for pardons if sentenced to death. They faced charges that included “seeking to destabilize the social fabric by participating in protests and funeral processions,” and “chanting slogans hostile to the regime.” ESOHR reported that a total of 13 Shia youth who were arrested for crimes committed as minors faced possible execution, including Ali al-Nimr (nephew of Nimr al-Nimr, a Shia cleric executed by the government in 2016), Dawood al-Marhoon, and Abdullah al-Zaher.

On August 26, the HRC said in a statement that the Public Prosecutor’s Office ordered a review of the death sentences of al-Nimr, al-Zaher, and al-Marhoon as part of the implementation of a royal decree announced in April abolishing ta’zir death sentences for crimes committed as minors. The HRC stated that under the decree, the three will be resentenced based on the Juvenile Law, which provides for a maximum penalty of 10 years in prison.

The Washington Post reported that authorities refused to return the bodies of at least 33 Shia Muslims executed in April 2019, ignoring repeated pleas from the families. ESOHR stated this refusal was “part of a cycle of persecution” against Shia and reported that from 2016 through the end of 2019, the bodies of at least 84 Shia men executed or killed in Saudi security raids were not returned for burial.

Shia inmates were in some cases held in separate wings of prisons and reportedly faced worse conditions than Sunnis.

On August 25, ESOHR reported that the Public Prosecutor’s Office no longer sought the death penalty for female Shia activist Israa al-Ghomgham, detained in 2015 after participating in antigovernment protests, but that the Public Prosecutor’s Office was still pursuing the death penalty for her codefendants, including her husband Moussa al-Hashim. At year’s end, she was on trial at the SCC along with five other Shia individuals.

On September 4, the Twitter account Prisoners of Conscience, which monitors and documents arrests in human rights cases in the country, reported that in August, security forces arrested Quran reciter Sheikh Abdullah Basfar, an associate professor of sharia and Islamic studies at King Abdul Aziz University in Jeddah. It added that authorities also arrested the former head of the Faculty of Sharia at Imam Mohammed ibn Saud Islamic University, Dr. Saud al-Fanisan, in March. There was no further information on the charges; observers noted that persons of any religious affiliation who expressed views not supported by the government did so at personal risk, and when clerics were arrested, it was often for expressing views that are counter to government policy.

In February, Prisoners of Conscience reported that the SCC in Riyadh upheld an eight-year prison sentence and travel ban against Murtaja Qureiris, a 20-year-old Shia whom authorities had arrested as a juvenile after he participated in protests when he was between the ages of 10 and 13. The SCC issued its verdict following a 2019 decision that had reversed the death sentence initially imposed on Qureiris. On May 11, seven UN special rapporteurs sent a letter to the government regarding Shia cleric Sheikh Mohammed Hassan al-Habib and Murtaja Qureiris expressing concern at the use of torture and mistreatment to extract confessions and possible incriminating evidence.

The government continued to incarcerate individuals accused of apostasy and blasphemy, violating Islamic values and moral standards, insulting Islam, and engaging in “black magic” and sorcery.

Raif Badawi remained in prison based on his 2013 conviction for violating Islamic values, violating sharia, committing blasphemy, and mocking religious symbols. On April 30, Badawi’s wife said authorities referred Badawi’s case to court after he staged a hunger strike to protest poor treatment and because he did not feel safe in prison after he was attacked by a fellow inmate. Badawi had originally been sentenced to seven years in prison and 600 lashes in 2013, but a court increased his sentence on appeal to a 10-year prison term and 1,000 lashes. Badawi received 50 lashes in 2015; the government has not carried out the remaining 950 lashes. The impact on Badawi’s case of the April Supreme Court directive ending flogging and replacing it with prison sentences or fines remained unclear at year’s end.

According to media reports, authorities arrested Ahmad al-Shammari and sentenced him to death for apostasy in 2017 after he posted videos to social media in which he renounced Islam and the Prophet Mohammed. He was believed to be incarcerated as of year’s end. It was unknown whether any appeals in his case remained pending.

In September, local media reported authorities arrested an Arab expatriate of unspecified nationality for sorcery. A court in Jeddah sentenced an African businessman to six years in prison and deportation after serving his sentence on charges of fraud, impersonating a diplomat, and sorcery.

On March 21, Prisoners of Conscience reported the arrest of Islamic scholar Abdullah al-Saad after he posted a video online denouncing the government decision to suspend all prayers at mosques to limit the spread of COVID-19. Prisoners of Conscience reported in April that authorities released al-Saad 10 days after his arrest. On March 27, the Public Prosecutor’s Office ordered the arrest of four individuals for claiming the spread of novel coronavirus was a “punishment from God.” The Public Prosecutor’s Office said in a statement that it ordered the arrest of another three individuals who “exploited social media to interpret God’s will amid the coronavirus.”

On July 12, the Saudi Broadcasting Corporation (SBC) issued a statement announcing the suspension of the children’s television show Green Wish after the host asked members of the audience to pin their wishes on a wishing tree and hope they would come true, which many viewers said was “a call for polytheism.” In the statement, the SBC affirmed the adherence of its programs to “tolerant” Islam.

On March 21, local media reported that Mecca police arrested a Saudi man and two female Yemeni residents in Jeddah for “mocking Islamic religious rituals” after the man appeared in a photo kneeling down before one of the women as a sign of worship in front of a mosque in Jeddah.

On April 30, local media reported that Riyadh police arrested a man for posting a Snapchat video “mocking prayers.”

During the year, the SCC held at least three hearings in the case of cleric Hassan Farhan al-Maliki, described by Human Rights Watch as a religious reformer, in detention since September 2017. Following a December 25 hearing, his son tweeted that the public prosecutor sought the death penalty for al-Maliki on 14 charges, including calling into question the fundamentals of Islam by casting doubt on prophetic Sunna and hadith (the record of the traditions or sayings of the Prophet Mohammed). According to Human Rights Watch, the charges against him also included criticism of several early Islamic figures, insulting the country’s rulers and the Supreme Council of Religious Scholars, and describing them as extremist.

The SCC, which specializes in terrorism and national security cases, continued trials of some clerics, academics, and members of the media for alleged association with the Muslim Brotherhood, which the government continued to regard as a terrorist organization, a view also expressed by the CSS, which stated the Muslim Brotherhood did not represent the true values of Islam. The accused included prominent Muslim scholars Salman al-Odah, Awad al-Qarni, and Ali al-Omari, who were arrested in 2017. According to Saudi and international rights groups, the public prosecutor sought the death penalty against them. Most of the 37 charges against al-Odah concerned alleged ties with the Muslim Brotherhood and the Qatari government as well as his public support for imprisoned dissidents. Al-Odah’s son stated in a December press article that his father’s physical and mental condition had declined during three years of solitary confinement and that he had partially lost his sight and hearing due to medical negligence. Beginning in mid-May through mid-September, activists said authorities denied al-Odah access to family telephone calls.

Prisoners of Conscience stated a number of clerics were detained, charged, or sentenced for offenses related to their religious opinions, although the charges were not specified. In September, Prisoners of Conscience said the SCC issued verdicts in the trials of a number of clerics and religious leaders arrested in 2017 and charged for offenses related to free expression and their religious views, including Dr. Ibrahim al-Harthi, Abdullah al-Maliki, Khalid al-Ajeemi, Ahmed al-Suwayan, Dr. Yousef Ahmad al-Qasem, Sheikh Ghorom al-Bishi, Rabea Hafez, Fahad al-Sunaidi, and Dr. Ibrahim al-Faris. According to Prisoners of Conscience, the SCC sentenced them to between three and 10 years in prison.

On October 9, Prisoners of Conscience said the SCC sentenced cleric Naif al-Sahafi to 10 years in prison. Authorities arrested al-Sahafi in a wide-ranging crackdown on Shia clerics in 2017.

On October 14, Prisoners of Conscience reported that the SCC sentenced cleric Ali Badahdah, detained since 2017, to six years in prison. On October 15, Prisoners of Conscience said the SCC sentenced Habib bin Mualla, in detention since 2017, to three-and-a-half years in prison. Mualla previously served as an advisor at the Ministry of Islamic Affairs.

On October 12, Prisoners of Conscience said authorities suspended clerics Khaled al-Mushaiqeh and Abdulrahman al-Aqel from preaching and giving religious lectures.

Human rights NGOs and legal experts continued to criticize antiterrorism laws for using overly broad and vague language, making them susceptible to politicization and other abuse.

The government continued to prohibit the public practice of any non-Islamic religion. According to civil society sources and media reports, non-Muslims and many foreign and local Muslims whose religious practices differed from the form of Sunni Islam promoted by the government could only practice their religion in private and remained vulnerable to detention, discrimination, harassment, and, for noncitizens, deportation. Members of the expatriate Christian community said that congregations were able to conduct large Christian worship services discreetly and regularly without substantial interference from the CPVPV or other government authorities. Members of other minority faith communities similarly reported less interference in private religious gatherings than public ones.

The MOIA maintained active oversight of the country’s religious establishment and provided guidance to Sunni imams on the substance of Friday sermons. It restricted the inclusion of content in those sermons considered sectarian, political, or extremist, promoting hatred or racism, or including commentary on foreign policy. According to local observers, Shia clerics did not receive guidance on their sermons from MOIA and did not submit them for preapproval. However, Shia clerics continued to exercise significant self-censorship in light of the government’s well-known views on the scope and substance of acceptable preaching.

Mosques continued to be the only legally permissible public places of worship, although husseiniyas (prayer halls) were found in areas inhabited by Shia residents. The government continued to address ideology it deemed extremist by scrutinizing clerics and teachers closely and dismissing those found promoting views it deemed intolerant, extreme, or advocating violence. The MOIA continued to use ministry inspectors, regional branch inspectors, field teams, citizen feedback, and the media to monitor and address any reported violations of the ministry’s instructions and regulations in mosques. MOIA oversight of mosques in less populated areas was not always as strict as in urban areas. In 2018, the MOIA created a hotline for individuals to report statements by imams that observers considered objectionable. An MOIA mobile phone app called Masajed (mosques) allowed mosque-goers to monitor sermons and rate their preacher on a number of aspects of their work.

There were media reports that some Sunni clerics who received government stipends used anti-Semitic and religiously intolerant language in their sermons. During the year, the MOIA issued periodic circulars to clerics and imams in mosques directing them to include messages on the principles of justice, equality, and tolerance and to encourage rejection of bigotry and all forms of racial discrimination in their sermons. On May 26, Minister of Islamic Affairs Abdullatif al-Sheikh announced Sunni imams were required to select their sermons from among those published on the MOIA portal. Unlicensed imams, however, continued to express discriminatory or intolerant views in internet postings or unsanctioned sermons in areas without government monitoring.

According to a report in the newspaper al-Watan, the government fired 100 imams and preachers for failing to condemn the Muslim Brotherhood as a terrorist organization, as instructed by MOIA.

On February 27, in response to the COVID-19 outbreak, authorities suspended the Umrah for pilgrims traveling from outside the country and did the same on March 4 for citizens and residents of the country. The MOIA announced that on March 17, it was suspending daily prayers and weekly Friday prayers at all mosques in the country, except for the two Holy Mosques in Mecca and Medina. The government also closed Shia husseiniyas, allowing them to reopen in late-July to be used for August Ashura commemorations. On March 20, the Grand Presidency of the Two Holy Mosques announced that it would stop worshippers from entering the two Holy Mosques. Prayers resumed at mosques outside Mecca on May 31 and resumed in Mecca on June 21.

On June 22, the Ministry of Hajj and Umrah announced that the 2020 Hajj would be limited to approximately 1,000 pilgrims, all living in-country, approximately 700 of whom would be noncitizens representing 160 nationalities. On September 23, the government announced that it would start allowing pilgrims to perform Umrah in gradual stages beginning on October 1. On October 18, the government allowed citizens and noncitizen residents to pray in Mecca’s Grand Mosque.

The government continued to mandate that imams and muezzins of the two Holy Mosques in Mecca and Medina be “moderate” and “tolerant,” among other requirements, including holding a degree from a Saudi sharia college.

Authorities continued to permit public commemorations of Ashura and other Shia holidays in Qatif, home to the country’s largest Shia population, a practice begun in 2016. According to community members, processions and gatherings continued due to decreased political tensions and greater coordination between the Shia community and authorities; such events were also scaled down during the year due to the COVID-19 pandemic. They stated that the Shia Ashura commemoration was marked by improved sectarian relations and publicity for mutual tolerance. In one instance, a photograph of a Sunni police officer aiding an elderly Shia follower was shared across social media platforms, drawing praise for the message of tolerance it depicted. In Qatif, authorities eased restrictions imposed after civil unrest in 2011-2012 and took steps to encourage development and tourism to improve conditions for the town’s predominantly Shia residents.

On October 6, according to SRW, authorities arrested two orators, Muhammad Bou Jabara and Ali Khulayya, for their participation in Arbaeen ceremonies (the Shia mourning observance occurring 40 days after the Day of Ashura).

In mixed neighborhoods of Sunni and Shia residents, authorities generally required all mosques, including Shia mosques, to use the Sunni call to prayer. In predominantly Shia areas such as Qatif, however, and in some Shia areas of al-Ahsa Governorate in the Eastern Province, authorities allowed Shia mosques to use the Twelver Shia variant of the call to prayer. In smaller Shia villages, community members stated it was common for Shia businesses to close for three prayer times (not five times, per Sunni practice) or in some instances not to close at all. Residents in Sunni and Shia communities noted that although businesses historically were required to close after the call to prayer, there appeared to be a gradual but growing tendency for businesses to remain open during prayer times.

According to the NGO SRW, on April 17, authorities bulldozed Shia graves in Awamiya, Qatif, damaging historical structures and monuments. SRW also reported that on May 14, military forces raided the neighborhood of Umm al-Jazm in Qatif, to prevent use of the Shia variant of the call to prayer. According to SRW, raids by government forces occurred in Shia-dominant neighborhoods in October, July, February, and January.

The al-Awamiyah mosque of former Shia cleric Sheikh Nimr al-Nimr was demolished by authorities in December.

While authorities indicated that they considered members of the Ahmadiyya Muslim community to be Muslims, the group’s legal status remained unclear, and community members said the mainly foreign-resident Ahmadi Muslims hid their faith to avoid scrutiny, arrest, or deportation.

In January, Muslim World League (MWL) secretary-general Mohammed al-Issa announced that Saudi Arabia will stop funding mosques in foreign countries. According to the Swiss newspaper Le Matin Dimanche, the country planned to establish local administrative councils for each of these mosques in cooperation with the local authorities, in order to transfer these mosques to “secure hands.”

Observers stated that judges sometimes discounted the testimony of Muslims whom they deemed deficient in their knowledge of Islam and favored the testimony of Muslims over the testimony of non-Muslims. Under their interpretation of sharia and the Quran, judges may place the value of a woman’s testimony at half that of a man’s in certain cases, such as financial disputes or criminal charges.

The government continued to enforce Islamic norms, such as prohibiting eating, drinking, or smoking in public during Ramadan. On October 13, local media reported that the CPVPV in Khobar Governorate intensified its field presence with foot and vehicle patrols in markets, malls, and streets to implement the programs and events of the “Prayer is Light” campaign, which aimed to highlight the importance of prayer. According to media reports, the government prohibited parents from giving their children any of 50 listed names deemed blasphemous, non-Arabic, or non-Islamic.

The government stated that individuals who experienced infringements on their ability to worship privately could address their grievances to the MOI, HRC, the National Society for Human Rights (a quasigovernmental organization), and, when appropriate, the MFA.

According to government policy, non-Muslims generally were prohibited from being buried in the country. There were, however, public non-Islamic cemeteries in Jeddah and Riyadh that, according to officials, were used in cases where repatriation was not possible, such as when there were no claimants for a body, the family did not accept the body, or the deceased received the death penalty. There also was a private, non-Islamic cemetery in Dhahran only available to Saudi Aramco employees. Diplomatic missions reported most non-Muslims opted to repatriate their deceased to their home countries whenever financially possible.

The government continued a multi-year project, begun in 2007, to revise textbooks, curricula, and teaching methods with the stated aim of removing content disparaging religions other than Islam. According to a February report by the Israeli NGO Institute for Monitoring Peace and Cultural Tolerance in School Education (IMPACT-se), Saudi curricula for the years 2016-2019 taught students that non-Muslims – including Christians and Jews – were infidels and described them as enemies of Islam. Christians were referred to derogatorily as “polytheists.” In addition, textbooks also taught students to consider Jews “monkeys” and “assassins” and “eternally treacherous, murdering prophets, committing irreparable evil, and determined to harm Muslim holy places.” In a separate study published in December on a review of textbooks used in the 2020-2021 school year, IMPACT-se found a notable reduction in anti-Semitic content. In a statement about the report, the NGO said, “While the latest…report did not find that new tolerant material had been injected into the curriculum, it did find that a substantial amount of offensive material had been removed.” IMPACT-se’s CEO said, “The Saudi authorities have begun a process of rooting out anti-Jewish hate.”

On February 19, Minister of Education Hamad bin Mohammed al-Sheikh dismissed Dr. Jamil bin Abdulmohsin al-Khalaf, dean of the Sharia Faculty at Imam Mohammed Bin Saud Islamic University in Riyadh, after he reportedly invited “people with deviant ideology” to a faculty event. In a statement, the university said the decision was intended to “purify” its campus of intellectual impurities that could harm national security or contradict moderate Islam.

Some travelers entering the country reported they were able to import Bibles for personal use, but the government regularly exercised its ability to inspect and confiscate personal non-Islamic religious materials.

Some academic experts reported the government continued to exclude perspectives at variance with the Salafi tradition within Sunni Islam from its extensive government-owned religious media and broadcast programming.

The government continued to block certain websites as part of a broader policy of censoring “objectionable” content, such as views of religion it considered extremist or misinformed. The government shut down or blocked Twitter accounts for “religious and ethical violations,” and authorities arrested an undisclosed number of social media users under the cybercrimes law. The government also shut down websites it regarded as being used to recruit jihadis or inspire violence. In 2017, authorities announced they unblocked the calling features of certain applications, including FaceTime and Facebook Messenger. However, some users continued to report that the calling features of WhatsApp and Skype remained blocked.

Members of the Shia community complained of discrimination based on their religion when seeking government employment. Representation of Shia Muslims in senior government positions continued to be well below their proportion of the population. They were significantly underrepresented in national security-related positions, including in the Ministries of Defense and Interior and the National Guard. In predominantly Shia areas, Shia representation was higher in the ranks of traffic police and employees of municipalities and public schools. A very small number of Shia occupied high-level positions in government-owned companies and government agencies. Shia were also underrepresented in employment in primary, secondary, and higher education. According to HRW, the government systematically discriminated against Muslim religious minorities, notably Twelver Shia and Ismailis, including in the justice system, education, and employment.

The 35-member cabinet contained one Shia minister, Mohammed bin Faisal Abu Saq, who has held the position of Minister of State for Shura Affairs since 2014. There were no Shia governors, deputy governors, ministry branch directors, or security commanders. Although Shura Council members’ religious affiliations are not publicly announced, there were an estimated seven or eight Shia on the 150-member council. A small number of Shia Muslims occupied high-level positions in government-owned companies and government agencies. Multiple municipal councils in the Eastern Province, where most Shia Saudis reside, had large proportions of Shia Saudis as members to reflect the local population, including a majority in Qatif and 50 percent in al-Ahsa.

Shia stated the government did not recognize certificates of educational attainment for graduates of some Shia religious training centers for employment credit and that the government did not apply the same standards to graduates of Sunni religious training institutions applying for government positions and religious jobs.

According to human rights groups, Shia Muslims were not represented in proportion to their percentage of the population in academic positions in primary, secondary, and higher education, and virtually all public school principals were Sunni, although some teachers were Shia. Along with Sunni students, Shia students received government scholarships to study in universities abroad under the Custodian of the Two Holy Mosques Program for Foreign Scholarship.

Multiple municipal councils in the Eastern Province had significant proportions of Shia members, including in the two major Shia population centers of Qatif and al-Ahsa, where five of the 12 government-appointed municipal council members were Shia, and Shia Muslims held 16 of the 30 elected seats on the municipal councils. The government financially supported approximately 70 percent of Sunni mosques, with the remaining 30 percent located in private residences or built and endowed by private persons. The construction of any new mosque required permission from the MOIA, the local municipality, and the provincial government, which allocated space and issued building permits. The MOIA supervised and financed the construction and maintenance of most Sunni mosques, including the hiring of clerics.

The government did not finance the construction or maintenance of Shia mosques; Shia congregations self-funded construction, maintenance, and repairs. Shia Muslims managed their own mosques under the supervision of Shia scholars. Most existing Shia mosques in the Eastern Province did not seek official operating licenses, as doing so would require asking the government to officially endorse these mosques, according to some NGOs. Authorities prohibited Shia Muslims outside of the Eastern Province from building Shia-specific mosques. Construction of Shia mosques required government approval, and Shia communities were required to receive permission from their neighbors to start construction on mosques. Two Shia mosques in Dammam licensed by the government served approximately 750,000 worshippers. There were no licensed Shia mosques in major urban centers, such as Jeddah and Riyadh. Shia in those areas had to hold prayers in private homes and community centers, where some Shia said they were subject to police harassment. Expatriate Shia reported threats of arrest and deportation if they gathered privately in large groups to worship.

Following ISIS attacks against Shia mosques and gathering places in 2015, security services continued to provide protection for many Shia mosques and gathering places in the Eastern Province. Media and other sources additionally reported coordination between Shia volunteers and government security services to ensure security outside mosques and other gathering places during Friday sermons or other large public events.

Reports from Shia groups cited discrimination in the judicial system as the catalyst for lengthy prison sentences handed down to Shia Muslims for engaging in political expression or organizing peaceful demonstrations. Eastern Province Shia judges dealing with intra-Shia personal status and family laws operated specialized courts. The government permitted Shia judges in the Eastern Province to use the Ja’afari school of Islamic jurisprudence to adjudicate cases in family law, inheritance, and endowment management. There were five Shia judges, all government-appointed, located in Qatif and al-Ahsa. Community sources reported Sunni judges sometimes completely disregarded or refused to hear testimony by Shia Muslims.

On April 16, Minister of Islamic Affairs al-Sheikh said the MOIA would refer to the Public Prosecutor’s Office a number of women preachers who delivered religious sermons and lectures without prior permits from the MOIA, which constituted a violation of the law.

The government required noncitizen legal residents to carry an identity card containing a religious designation of “Muslim” or “non-Muslim.” Some residency cards, including some issued during the year, indicated other religious designations, such as “Christian.”

The government’s stated policy remained for its diplomatic and consular missions abroad to inform foreign workers applying for visas that they had the right to worship privately and to possess personal religious materials. The government also provided the names of offices to which one should report violations of this policy.

Authorities generally permitted Muslim detainees and prisoners to perform Islamic religious observances such as prayers.

The government did not officially permit most non-Muslim clergy to enter the country for the purpose of conducting religious services. Entry restrictions made it difficult for non-Muslims to maintain in-person contact with clergy not resident in the country, according to non-Muslim religious groups in neighboring countries.

On January 23, MWL secretary general al-Issa led a delegation of Muslim leaders to visit the Auschwitz death camp to mark the 75th anniversary of its liberation. The visit was part of a joint enterprise between the MWL and the American Jewish Committee. In a June 9 online ceremony, the Combat Anti-Semitism Movement and the American Sephardi Federation presented al-Issa with their inaugural Combat Anti-Semitism Award. On February 20, King Salman received a delegation from the King Abdullah bin Abdulaziz International Center for Interreligious and Intercultural Dialogue that included Israeli Rabbi David Rosen, who became the first Israeli rabbi to meet with a Saudi king in recent history.

In February, a delegation of the Conference of Presidents of Major American Jewish Organizations visited the country and met with senior government officials and MWL secretary-general al-Issa to discuss countering violent extremism in the Middle East. This was believed to be the first official visit to the kingdom by an American Jewish organization since 1993, when the American Jewish Congress sent a delegation to Saudi Arabia to endorse the Oslo agreements.

On June 14, MWL Secretary-General al-Issa said that Jews and Muslims working together could defeat “anti-Semitism, Islamophobia, or any other form of prejudice.” In a speech delivered at the American Jewish Committee Virtual Global Forum 2020 and posted to YouTube, he said the MWL was proud to “stand shoulder-to-shoulder with our Jewish brothers and sisters to build understanding, respect, love, and interreligious harmony.”

In August 22 remarks to an online media forum, al-Issa stressed the need for promoting coexistence among different faiths and cultures, and he called for confronting perpetrators of the ideology of hatred and racism to achieve lasting global peace.

On September 4, shortly after the UAE and Bahrain agreed to normalize ties with Israel, the imam of the Grand Mosque in Mecca, Abdulrahman al-Sudais, said in a televised sermon that Muslims should avoid “passionate emotions and fiery enthusiasm” toward Jews, and he emphasized that the Prophet Mohammed was good to his Jewish neighbors and the best way to persuade Jews to convert to Islam was to “treat them well.”

On October 13, the country hosted a virtual global interfaith forum as part of its presidency of the Group of 20, with participation from Muslim, Jewish, Buddhist, Baha’i, and Christian leaders, among other religious representatives. The online forum was accessible to Saudis and international participants.

Instances of anti-Semitic statements by public officials continued. On May 24, Sheikh Saleh bin Humaid, a royal advisor and a CSS member, delivered an Eid al-Fitr sermon in the Holy Mosque in Mecca in which he prayed to God to “destroy the usurping occupying Zionist Jews.”

Legal Framework

The constitution designates Islam as the official religion. It guarantees freedom of religious worship “in accordance with established customs,” provided this “does not conflict with public policy or violate public morals.” The constitution states all citizens are equal before the law and prohibits discrimination on grounds of religious belief. The constitution states that the country is an independent, sovereign, and federal state comprised of seven emirates.

The law prohibits black magic, sorcery, and incantations, which are punishable by a prison term ranging from six months to three years and deportation for noncitizens.

The law does not directly prohibit Muslims from converting to other religions; but the penal code’s blasphemy provisions punish behavior viewed as contemptuous of the Quran and the Prophet Muhammad or offensive to Islamic teachings.

The law provides for imprisonment of up to five years for preaching against Islam or proselytizing to Muslims. The law also prohibits “abusing” a holy shrine or ritual of any religion, insulting any religion, inciting someone to commit sin or contravene national values, labeling someone an infidel or unbeliever, and forming groups or holding meetings with the purpose of provoking religious hatred. Offenders are subject to fines up to two million dirhams ($545,000) and imprisonment that generally ranges from five to 10 years or more.

The law prohibits blasphemy, defined as any act insulting God, religions, prophets, messengers, holy books, or houses of worship. Offenders are subject to imprisonment for five or more years and fines from 250,000 dirhams ($68,100) to two million dirhams ($545,000); noncitizens may be deported. The law prohibits any form of expression, including through broadcasting, printed media, or the internet, that the government determines is contradictory to Islam as well as literature it deems blasphemous or offensive toward religions.

Federal law does not require religious organizations to register or obtain a license to practice, although the formation of a legal entity, which requires some form of registration, is necessary for operational functions, such as opening a bank account or renting space. Each emirate oversees registration and licensing of non-Muslim religious organizations and the process differs by emirate, organization, and circumstance; these procedures are not published by the emirate governments. The federal government has also granted some religious organizations land in free-trade zones, where they legally registered by applying for a trade license that allows them some operational functions. In Dubai, religious organizations are required to obtain a license from the Community Development Authority (CDA). The governments of the emirates of Abu Dhabi and Dubai also require religious communities to obtain permits for certain activities, including holding public events and worshipping in temporarily rented spaces, such as hotels.

The federal law requires Muslims and non-Muslims to refrain from eating, drinking, and smoking in public during fasting hours during the month of Ramadan. Violations of the law are punishable by one month’s imprisonment or a fine not exceeding 2,000 dirhams ($540). The law prohibits Muslims from drinking alcohol or knowingly eating pork throughout the year. The government announced a series of legal reforms in November decriminalizing the consumption of alcohol but had not published the text of the reforms by year’s end. Despite legal prohibitions on eating during daylight hours during Ramadan, most local authorities across the country grant exemptions allowing non-Muslims to eat during the day in malls, hotels, and some stand-alone restaurants.

The federal law prohibits churches from erecting bell towers or displaying crosses or other religious symbols on the outside of their premises, although they may place signs on their properties indicating they are churches.

Islamic studies are mandatory for all students in public schools and for Muslim students in private schools. The government does not provide instruction in any religion other than Islam in public schools. In private schools, non-Muslim students are not required to attend Islamic study classes. All students, however, are required to take national social studies classes, which include teaching on Islam. The government permits Christian-affiliated schools to provide instruction tailored to the religious background of the student; for example, Islamic studies for Muslim students, Christian instruction for Christian students, and ethics or comparative religions for others.

Private schools deemed to be teaching material offensive to Islam, defaming any religion, or contravening the country’s ethics and beliefs face potential penalties, including closure. All private schools, regardless of religious affiliation, must register with the government. Private schools are required to have a license from the federal Ministry of Education, and their curriculum must be consistent with a plan of operation submitted to and approved by the ministry. Administrative oversight of the schools is a responsibility of each emirate’s government.

Land ownership by noncitizens is restricted to designated freehold areas. Outside of special economic zones and designated freehold areas, the law restricts majority company ownership to citizens except in certain exempted sectors. This restriction is an impediment to most minority religious communities, which consist of noncitizens, that wish to purchase property to build houses of worship.

The law prohibits multiple forms of discrimination, including religious, and criminalizes acts the government interprets as provoking religious hatred or insulting religion through any form of expression. It also criminalizes the broadcasting, publication, and transmission of such material by any means, including audio/visual or print media or via the internet, and prohibits conferences or meetings the government deems promote discrimination, discord, or hatred. Violations of the law carry penalties of five years’ imprisonment and a fine of up to one million dirhams ($272,000).

According to the constitution, sharia is the principal source of legislation, although the judicial system applies both sharia and civil law, depending on the case. Sharia forms the basis for judicial decisions in most family law matters for Muslims, such as marriage and divorce, and inheritance for both Muslims and non-Muslims; however, in the case of noncitizens, the parties may petition the court to have the laws of their home country apply, rather than sharia. Sharia also applies in some criminal matters. Civil law provides the basis for decisions on all other matters. Shia Muslims in Dubai may pursue Shia family law cases through a special Shia council rather than through the regular judicial system. When sharia courts try non-Muslims for criminal offenses, judges have the discretion to impose civil or sharia penalties. In these cases, judges generally impose civil penalties. Higher courts may overturn or modify sharia penalties.

In November, the country’s President announced decrees amending the federal laws on personal status, civil transactions, the penal code, and criminal procedures. Amendments to the penal code and criminal procedure law repealed “the article giving [a] reduced (lenient) sentence in what are called honor crimes.” “Honor” killings will henceforth be treated as normal murder cases. In other amendments, noncitizens may choose not to apply sharia in cases involving divorce and inheritance, and other acts “that do not harm others,” leaving to prosecutors and judges to define those specific acts.

The Fatwa Council, headed by the president of the Forum for Promoting Peace in Muslim Societies, is tasked with presenting a clear image of Islam, including issuing general fatwas and licensing individuals to issue fatwas, train muftis, and conduct research, in coordination with the Awqaf.

Under the law, citizen and noncitizen Muslim men may marry non-Muslim women who are “people of the book” (Christian or Jewish). Muslim women may not marry non-Muslim men. Marriages between non-Muslim men and Muslim women are not recognized under the law; non-Muslim men and Muslim women who marry are subject to arrest, trial, and imprisonment on grounds of engaging in extramarital sex, which carries a minimum sentence of one year in prison; any extramarital sex between persons of any religion is subject to the same penalties.

Strict interpretation of sharia – which often favors the father – does not apply to child custody cases, and courts have applied the “the best interests of the child” standard since 2010. According to sharia, a divorced woman may lose custody of her children to their father once daughters reach 13 years of age and sons 11 years of age. Women may file for continued custody until a daughter marries or a son finishes his education. The father, deemed the guardian, provides for the child financially, while the mother, the custodian, provides day-to-day care of the child.

The country’s citizenship law does not include religion as a prerequisite for naturalization. Non-Muslim wives of citizens are eligible for naturalization after seven years of marriage, if the couple has a child, or 10 years of marriage if the couple has no children. There is no automatic spousal inheritance provision for wives under the law if the husband is Muslim and the wife is non-Muslim. Such wives may not inherit their husband’s property unless named as a beneficiary in their husband’s will. In the event of a divorce between a Muslim father and non-Muslim mother, sharia usually applies.

Abu Dhabi’s Judicial Department permits Christian leaders to legally mediate divorces for Christians and agnostics if the bride and groom are both residents of the emirate. The government permits church officials to officiate at weddings for non-Muslims, but the couple must also obtain the marriage certificate from the Abu Dhabi Judicial Department. In both cases of marriage and divorce, the church official must be registered with the Abu Dhabi Department of Community Development as officially recognized to perform these acts.

Noncitizens may register wills in the emirate in which they live. In November, the government announced changes to the personal status laws allowing the general terms of a will to be dealt with according to the law of the country specified in the will or, in cases where a country is not specified in the will, the law of the deceased person’s country of nationality. This is not applicable to property purchased in the UAE, however, which remains subject to UAE law. The government had not published the text of these reforms by year’s end. Non-Muslims are able to register their wills with the Abu Dhabi judicial system as a way to safeguard their assets and preserve their children’s inheritance rights. In Dubai, foreigners may file wills at the Dubai International Financial Center (DIFC) Court Wills and Probate Registry, which may cover assets held in the UAE as well as abroad. The DIFC Wills Service Center allows non-Muslim business owners and shareholders to designate an heir. Dubai wills not filed in the DIFC Court are subject to sharia. There are courts for personal status and for inheritance for non-Muslims in the Abu Dhabi Court of First Instance.

The law prohibits activities the government deems supportive of political or extremist interpretations of Islam. These include the use of the internet or any other electronic means to promote views the government believes insult religions, promote sectarianism, damage national unity or the reputation of the state, or harm public order and public morals. Punishment may include imprisonment and fines from 500,000 dirhams ($136,000) to one million dirhams ($272,000). Electronic violations of the law are subject to a maximum fine of four million dirhams ($1.09 million). The law prohibits membership in groups the government designates as terrorist organizations, with penalties up to life imprisonment and capital punishment.

Under the law, local authorities concerned with mosque affairs are responsible for naming mosques, providing and supervising the needs of mosques and prayer spaces, determining the timing of the second call to prayer, organizing religious lectures, and preparing sermons. The law also defines acts prohibited in mosques, prayer spaces, and Eid Musallas (open prayer spaces outside of mosques or prayer halls smaller than mosques) without a license, such as giving lectures or sermons, holding Quran memorization circles, fundraising, and distributing written and visual material. The law further stipulates citizen applicants must be given first consideration for vacant positions at mosques. The law prohibits those working in mosques from belonging to any illegal group or from participating in any political or organizational activities.

The law restricts charitable fundraising activities, including by religious organizations, by prohibiting the collection of donations or advertising fundraising campaigns without prior approval from authorities. Violations of the law are subject to a fine of no less than 50,000 dirhams ($13,600). Under the cybercrimes law, the use of any information technology to promote the collection of any type of donation without a license is subject to a fine between 200,000 dirhams ($54,500) and 500,000 dirhams ($136,000).

Individuals who donate to unregistered charities and fundraising groups may be punished with a three-year prison term or a fine between 250,000 dirhams ($68,100) and 500,000 dirhams ($136,000).

In Abu Dhabi, the General Authority of Islamic Affairs and Endowments is entrusted with overseeing Muslim religious affairs across mosques, sermons, imam tutelage, and publications. Non-Muslim religious affairs fall under the mandate of the DCD, which regulates, licenses, and oversees non-Islamic houses of worship, religious leaders, religious events organized outside houses of worship, and fundraising activities across the emirate.

The Dubai CDA is the official body mandated to oversee all civil institutions and nonprofits in the emirate, including non-Muslim religious groups. The CDA issues operating licenses and permits for events and monitors fundraising activities. The law states that civil institutions may only collect donations or launch fundraising campaigns after obtaining the CDA’s written approval. Fines for noncompliance range from 500 dirhams ($140) to 100,000 dirhams ($27,200).

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

Government Practices

According to media reports in January, Dubai courts fined three Sri Lankan men 500,000 dirhams ($136,000) each and ordered their deportation for insulting Islam in social media posts. In September, Dubai Public Prosecution filed blasphemy charges against an Arab man after an altercation with police in which he reportedly insulted Islam. In January, local media reported Dubai courts sentenced a Jordanian man in absentia to three months in prison, fined him 500,000 dirhams ($136,000), and ordered him deported for insulting Islam in WhatsApp messages.

Police and courts continued to enforce laws prohibiting sorcery. Customs authorities in Dubai and the northern emirates reported seizing shipments containing materials they said were intended for use in magic and sorcery. According to media reports, in late 2019, Abu Dhabi police arrested a European national for charges of witchcraft and fraud; the subsequent status of his case remained unknown. In February, local press reported Dubai Customs prevented 22 attempts in 2019 to smuggle material local authorities believed were related to witchcraft and sorcery.

Following a 2018 court ruling upholding his earlier conviction, the government continued to imprison Ahmed Mansoor, a human rights activist arrested in 2017. Although specifics of the charges against Mansoor remained unknown, authorities stated that, among other violations of the law, Mansoor promoted “a sectarian- and hate-filled agenda.”

There were reports of government actions targeting the Muslim Brotherhood, designated by the government as a terrorist organization, and individuals associated with the group. Since 2011, the government also has restricted the activities of organizations and individuals allegedly associated with al-Islah, a Muslim Brotherhood affiliate.

Within prisons, authorities continued to require Muslims to attend weekly Islamic services. In Abu Dhabi, some Christian clergy again raised concerns about lack of worship space for incarcerated Christians. They said that when they were granted prison access, they were permitted to take Bibles to the prisoners.

The country’s two primary internet service providers, both majority-owned by the government, continued to block certain websites critical of Islam or supportive of religious views the government considered extremist, including Islamic sites. The service providers continued to block other sites on religion-related topics, including ones with information on Christianity, atheism, and testimonies of former Muslims who converted to Christianity. Following the normalization of relations between the UAE and Israel, the government unblocked some websites containing information on Judaism.

The Awqaf continued to vet and appoint Sunni imams, except in Dubai, based on their gender, educational background, and knowledge of Islam along with security checks. According to the Awqaf, the government continued to fund Sunni mosques, with the exception of those considered private, and retained all Sunni imams as government employees.

The Awqaf continued to oversee the administration of Sunni mosques, except in Dubai, where they were administered by the Islamic Affairs and Charitable Activities Department (IACAD). On its website, the Awqaf stated its goals included offering “religious guidance in the UAE to instill the principle of moderation in Islam.” It continued to distribute weekly guidance to Sunni imams regarding subject matter, themes, and content of Friday sermons; published a Friday sermon script every week; and posted the guidance on its website. Leading up to Ramadan, the Awqaf launched training workshops to instruct imams on sermon delivery and how to communicate values of moderation and tolerance.

In January, the Sheikh Zayed Grand Mosque in Abu Dhabi announced on Instagram that well-known preacher and television personality Waseem Youssef was no longer an imam and preacher at the mosque. Although the reason for Youssef’s removal was not provided, according to the press it was tied to lawsuits that Youssef pursued against 19 individuals for “defamation” on social media, following his comments questioning the validity of one of the canonical sources of the hadith. The lawsuits culminated in the court finding four defendants guilty of defaming Youssef while dismissing the remaining cases.

Following these civil trials, in February, private citizens filed a civil law suit against Youssef in the Abu Dhabi criminal court, charging him under the cybercrime law with promoting ideas and programs that spread hatred and racism and harm national unity and social peace. Youssef maintained his innocence. In March, the court decreed in March that the case was outside its jurisdiction and referred it to federal prosecutors for further review. The government took no action in this regard.

The Awqaf applied a three-tier system in which junior imams followed the Awqaf script for Friday sermons closely; midlevel imams prepared sermons according to the topic or subject matter selected by Awqaf authorities; and senior imams had the flexibility to choose their own subject and content for their Friday sermons. Some Shia sheikhs (religious leaders) chose to use Awqaf-approved weekly addresses, while others wrote their own sermons. Friday sermons were translated into English and Urdu on the Awqaf’s website and mobile application.

Dubai’s IACAD controlled the appointment of Sunni clergy and their conduct during worship in Dubai mosques. All of the imams in Dubai’s more than 2,000 Sunni mosques were government employees and included both citizens and noncitizens. Qualification requirements were more stringent for expatriate imams than for local imams and starting salaries much lower.

The Jaafari Affairs Council, located in Dubai and appointed by the Dubai ruler, managed Shia affairs for the entire country, including overseeing mosques and community activities, managing financial affairs, and hiring imams. The council complied with the weekly guidance from IACAD and issued additional instructions on sermons to Shia mosques.

The government did not appoint imams for Shia mosques. Shia adherents worshiped in and maintained their own mosques. The government considered all Shia mosques to be private; however, they were eligible to receive some funds from the government upon request.

The Awqaf operated official toll-free call centers and a text messaging service for fatwas in Arabic, English, and Urdu. Fatwa categories included belief and worship, business transactions, family issues, women’s issues, and other Islamic legal issues. Callers explained their question directly to an official mufti, who then issued a fatwa. Both female (muftiya) and male (mufti) religious scholars worked the telephones at the fatwa hotline.

The government permitted Shia Muslims to observe Ashura in private but not in public. There were no public processions in Dubai or the northern emirates, where the majority of the country’s Shia population resides.

Representatives of non-Islamic faiths said registration and licensing procedures and requirements for minority religious groups remained unclear in all emirates. The federal government did not require non-Muslim religious groups to register, but according to some observers, the lack of a clear legal designation continued to result in an ambiguous legal status for many groups and created difficulties in carrying out certain administrative functions, including banking and signing leases. The governments of individual emirates continued to require religious groups to register as a precondition for establishing formal places of worship, such as temples, mosques, or churches, or for holding religious services in rented spaces such as hotels or convention centers.

The Abu Dhabi Department of Community Development (DCD) implemented a new three-tier system of authorization for regulating non-Islamic houses of worship. Under the system, the DCD issues licenses to houses of worship, permits to denominations seeking authorization to operate under the licensed house of worship, and visas to the religious leaders of these denominations. Licensed Abu Dhabi-based houses of worship independently vet these denominations and their religious leaders and formally recommend to the DCD whether it should issue a permit to the denomination. The establishment of this system followed a 2019 DCD decision to grant licenses, and thereby formal legal status, to 18 Abu Dhabi-based houses of worship, including Catholic, Orthodox, and Protestant churches and the emirate’s first traditional Hindu temple. These changes did not apply to religious groups in the other emirates.

In August, Dubai’s Jewish community publicly announced that it was negotiating with the Dubai government for an official license.

The new Abu Dhabi guideline instituted in late 2019 and early 2020 requiring religious leaders to work in the ministry full time and be sufficiently credentialed in order to obtain a clergy visa posed a challenge for religious leaders who serve their congregations on a volunteer or part-time basis or who do not have a theology degree. Under the system, licensed Abu Dhabi-based houses of worship independently vet these denominations and their religious leaders, and formally recommend to the DCD whether it should issue a permit to the denomination. Some religious community members expressed concern that the new system discriminated against smaller and less-recognized denominations.

Since the September 2019 licensing of 18 houses of worship by the DCD, community sources reported that unregistered religious organizations faced challenges in renting spaces at hotels in some circumstances. The government permitted groups that chose not to register to carry out religious functions in private homes as long as this activity did not disturb neighbors through excessive noise or vehicle congestion. COVID-19 related restrictions, however, disproportionately impacted unlicensed religious organizations that normally congregated in cinemas and hotels but could no longer do so as a result of social distancing regulations and closures.

As a result of the COVID-19 pandemic, in early March, the government instituted a nationwide mandatory suspension of group prayers at all mosques, churches, and temples, followed by the ordered closure of all houses of worship in the UAE. From July through September, the Abu Dhabi and Dubai governments began the phased reopening of houses of worship, beginning with mosques and then non-Islamic houses of worship. Houses of worship located in labor camps and industrial zones, which included more than half of all churches located in Abu Dhabi and Al-Ain, were the last to receive permission to open.

The government required all conference organizers, including religious groups, to register conferences and events, including disclosing speaker topics.

In Dubai, there were continued reports of delays in obtaining permits from the CDA to worship in spaces outside of government-designated religious compounds. The CDA oversees civil institutions, nonprofits, and non-Muslim faith communities in the emirate. There were continued reports of restrictions as well as confusion and uncertainty regarding CDA policies for obtaining licenses and event permits, which were not published by the CDA. There were also reports of last-minute event cancellations affecting religious groups.

In May, the CDA ordered St. Mary’s Catholic Church in Dubai to cease online live-streamed masses until it obtained a permit, following the government-ordered closure of religious facilities across the UAE due to the COVID-19 pandemic. St. Mary’s subsequently obtained a permit, and the CDA allowed live-streamed masses to resume. COVID-19 restrictions continue to restrict the activities of some churches in Dubai, including the Catholic and Anglican communities. While these churches were allowed to reopen at the same time as other religious facilities, local regulations prohibited practices such as receiving communion due to concerns these practices would contribute to the spread of COVID-19. Despite the closure of houses of worship as a result of COVID-19, the Abu Dhabi government encouraged non-Islamic houses of worship to live-stream services for major holidays, such as Easter.

Immigration authorities continued to ask foreigners applying for residence permits to declare their religious affiliation on applications. School applications also continued to ask for family religious affiliation. Applicants were required to list a religious affiliation, creating potential legal issues for atheists and agnostics. According to Ministry of Interior officials, the government collected this information for demographic statistical analysis only.

Individuals belonging to non-Islamic faiths, including Christianity, Hinduism, Sikhism, Buddhism, and Judaism, said they generally could worship and practice without government interference within designated compounds or buildings or in private facilities or homes. While the government did not generally allow non-Muslims to worship, preach, or conduct prayers in public, there were reports of government-sanctioned exceptions. In February, worshippers attended a prayer ceremony marking the start of the construction of Abu Dhabi’s Hindu temple.

News reports during the year quoted religious leaders, including from the Catholic, Anglican, and Hindu communities, expressing appreciation for government support for their communities and the relative freedom in which their communities could worship. Following a meeting in Abu Dhabi between UAE Foreign Minister Abdullah bin Zayed al-Nahyan and members of the Bochasanwasi Akshar Purushotta Swaminarayan Sanstha (BAPS) Hindu community, the BAPS said the meeting “spoke volumes” about the UAE leadership’s “vision and commitment for a more inclusive, more peaceful, and harmonious future.”

The government continued to provide land for non-Islamic cemeteries. Cremation facilities and associated cemeteries were available for the large Hindu community. Non-Muslim groups said the capacity of crematoriums and cemeteries was sufficient to meet demand. The government required residents and nonresidents to obtain a permit to use cremation facilities, and authorities routinely granted such permits. The government allowed individuals from all religious groups except Islam to use the crematoriums.

Some religious groups, particularly Christians and Hindus, advertised religious functions in the press or online, including holiday celebrations, memorial services, religious conventions, and choral concerts, without government objection. The government also allowed businesses to advertise, sell merchandise, and host events for non-Islamic religious holidays, such as Christmas, Easter, and Diwali. The government allowed local media to report on non-Islamic religious holiday celebrations, including service times and related community safety reminders.

The government did not always enforce the prohibition against bell towers and crosses on churches, and some churches in Abu Dhabi and Dubai displayed crosses on their buildings or had ornamental bell towers; none of them used the towers to ring or chime bells.

Customs authorities continued to review the content of imported religious materials and occasionally confiscated some of them, such as books. In addition, customs authorities occasionally denied or delayed entry to passengers carrying items deemed intended for sorcery, black magic, or witchcraft. Specific items airport inspectors reportedly confiscated included amulets, animal bones, knives, and containers of blood.

Officials from the Awqaf’s Department of Research and Censorship reviewed religious materials, such as books and DVDs published at home and abroad. The department’s Religious Publications Monitoring Section continued to limit the publication and distribution of religious literature to texts it considered consistent with moderate interpretations of Islam and placed restrictions on non-Islamic religious publications, such as material that could be considered proselytizing or promoting a religion other than Islam. The section issued permits to print the Quran and reviewed literature on Quranic interpretation. The government continued to prohibit the publication and distribution of literature it believed promoted extremist Islam and overtly political Islam. The Religious Publications Monitoring Section inspected mosques to ensure prohibited publications were not present.

Except in the judiciary and military, religious minorities (including Shia Muslims) did not serve in senior federal positions.

In October, the Federal Supreme Court upheld a sentence of 100 lashes in an adultery case involving an unmarried Muslim man and woman who confessed to having illicit sex in one of the northern emirates. The court stated, “Article 1 of the Penal Code under the provisions of Islamic Sharia law stipulates giving 100 lashes and expatriation or distancing for a period of one year to an unmarried person.” Although the pair challenged the ruling, both the court of appeal and the Federal Supreme Court based in Abu Dhabi upheld the flogging sentence.

In October, the press reported that the government was considering a proposal to provide additional housing grants and loans to men who take second and third wives.

In November, the Simon Wiesenthal Center sent a letter to the Emir of Sharjah reporting that the Sharjah International Book Fair, held November 4-14, included displays of anti-Semitic books, including The Protocols of the Elders of Zion, Mein Kampf, and other titles. The Wiesenthal Center sent similar letters to the country’s UNESCO representative and to the Ministry of Culture. The Ministry of Foreign Affairs requested a list of the anti-Semitic titles and vowed to work with the book fair authorities and other relevant ministries to address and prevent the presence of such books in the future.

Abu Dhabi police directed private security personnel at several camps for laborers to surveil gatherings of laborers and report if they discussed security, social, or religious issues.

The government continued to grant permission to build houses of worship on a case-by-case basis. Minority religious groups said, however, the construction of new houses of worship did not keep up with demand from the country’s large noncitizen population. Many existing churches continued to face overcrowding and many congregations lacked their own space. Because of the limited capacity of official houses of worship, dozens of religious organizations and different groups shared worship space, sometimes in private homes. In Dubai, overcrowding of the emirate’s two church compounds was especially pronounced, and routinely led to congestion and traffic. Some smaller congregations met in private locations or shared space with other churches to which rulers had given land. Noncitizen groups with land grants did not pay rent on the property. Several emirates also continued to provide free utilities for religious buildings.

Noncitizens, who generally made up the entire membership of minority religious groups, relied on grants and permission from local rulers to build houses of worship. For these groups, land titles remained in the respective ruler’s name. The country’s Christian churches were all built on land donated by the ruling families of the emirates in which they were located, including houses of worship for Catholics, Coptic Orthodox, Greek Orthodox, Anglicans, and other denominations. Ajman and Umm Al Quwain remained the only emirates without dedicated land for Christian churches, although congregations gathered in other spaces, such as hotels. In April, Dubai’s government granted the Church of Jesus Christ a land concession at the Expo 2020 site, which Dubai will hand over after the event’s conclusion in 2022 for construction of the Church’s first temple in the Middle East region.

There are two Hindu temples and one Sikh temple in Dubai. Abu Dhabi Crown Prince Mohammed bin Zayed allocated land in Al-Wathba, Abu Dhabi, for the construction of a privately funded Hindu temple, scheduled to be completed by 2022. There are no Buddhist temples; some Buddhist groups met in private facilities.

There are no synagogues for the expatriate resident Jewish population, but regular communal worship took place on the Sabbath and holidays in private Dubai villas and hotels. Construction in Abu Dhabi of the first official synagogue in the country is scheduled to begin in 2021 as part of the larger government-funded Abrahamic Family House – a project slated to bring together a mosque, church, and synagogue to represent the three Abrahamic faiths. In October, international press reported members of Dubai’s Jewish community built a sukkah (a small shelter used during celebration of Sukkot, the Jewish harvest festival) outside a hotel at Dubai’s iconic Burj Khalifa skyscraper. In December, Dubai’s Jewish community held several public Hanukkah celebrations, which included one congregation lighting a large Menorah in front of the Burj Khalifa.

Construction of a new Anglican church in Abu Dhabi remained stalled at 50 percent completion due financial issues; the projected completion date was not clear at year’s end.

Although the government permitted non-Muslim groups to raise money from their congregations and from abroad, some unlicensed noncitizen religious groups were unable to open bank accounts because of the lack of a clear legal category to assign the organization. Several religious minority leaders reported this ambiguity created practical barriers to renting space, paying salaries, collecting funds, and purchasing insurance, and made it difficult to maintain financial controls and accountability.

In January and February, the government hosted members of the Higher Committee of Human Fraternity, a nine-member multifaith committee that included representatives from the UAE, Egypt, Italy, the United States, Bulgaria, and Spain and was tasked with implementing the Document on Human Fraternity for World Peace and Living Together – a declaration of reconciliation, cooperation, tolerance, and fraternity among believers and nonbelievers that was announced during the Pope’s 2019 visit to Abu Dhabi. During the meetings, the participants discussed their commitment to the goal of fostering coexistence, peace, and social fraternity.

In February, the government hosted the Voices of Human Fraternity Forum, which brought together 150 students, youth leaders, advocates, and educational representatives from around the world to promote the values reflected in the Document on Human Fraternity.

Following the announcement of normalization of relations with Israel, the Abu Dhabi Department of Culture and Tourism sent a letter to all hotels advising them to add kosher menus to their food services. The letter said that kitchens must be prepared for the requirements of Jewish dietary laws and that there would be ongoing kashrut supervision, similar to that of hotels in Israel. According to the letter, “All hotel establishments are advised to include kosher food options on room service menus and at all food and beverage outlets in their establishments.”

During a joint World Muslim Communities Council and Supreme Council of Imams and Islamic Affairs virtual seminar in August, entitled “The Role of Imams in Reinforcing Community Peace,” the chairman of the General Authority of Islamic Affairs and Endowments, Dr. Mohammed al Kaabi, said, “The right path to confronting extremism is to develop moderate religious awareness and support influential religious leaders.”

In September, the Minister of Culture and Youth said the government wanted to send “a message of hope to the community in Mosul, which has always been an incubator for religious and intellectual discourse.”

In November, the Education Affairs Office of the Crown Prince in Abu Dhabi announced that at least 1,500 teachers would receive moral education training to instill tolerance, community spirit, and compassion in students.

Some Muslim and non-Muslim groups reported their ability to engage in nonreligious charitable activities, such as providing meals or social services, was limited because of government restrictions. For example, the government required groups to obtain permission prior to any fundraising activities. Religious groups reported official permission was required for any activities held outside their place of worship, including charitable activities, and this permission was sometimes difficult to obtain.

Prominent government figures routinely acknowledged minority religious holidays and promoted messages of tolerance through various print and media platforms. In September, Minister of Foreign Affairs and International Cooperation Abdullah bin Zayed al-Nahyan extended New Year’s greetings to the country’s Jewish community on social media on Rosh Hashanah. In October, he visited the Holocaust Memorial in Berlin, where he stated that the visit to the memorial “underscored the importance of human values such as coexistence, tolerance and accepting the other…as well as respect for all creeds and faiths.”

In November, Cleveland Clinic Abu Dhabi opened a multifaith prayer room for use by hospital visitors.

Legal Framework

The constitution declares Islam to be the state religion. It provides for freedom of thought and expression “within the limits of the law” but does not mention freedom of religion, belief, or conscience. The constitution states sharia is the source of all legislation, although it coexists with secular common law and civil code models of law in a hybrid legal system.

Sharia serves as the basis of the legal system. The courts of the first instance address civil, criminal, commercial, and personal status cases. Informal tribunals, operating mostly in rural areas, administer customary law in addition to sharia to resolve disputes.

The constitution states the President must be Muslim who “practices his Islamic duties”; however, it allows non-Muslims to run for parliament, as long as they “fulfill their religious duties.” The law does not prohibit political parties based on religion, but it states parties may not claim to be the sole representative of any religion, oppose Islam, or restrict membership to a particular religious group.

The criminal code states that “deliberate” and “insistent” denunciation of Islam or conversion from Islam to another religion is apostasy, a capital offense. The law allows those charged with apostasy three opportunities to repent; upon repentance, they are spared the death penalty.

Family law prohibits marriage between a Muslim and an individual whom the law defines as an apostate. Muslim women may not marry non-Muslims, and Muslim men may not marry women who do not practice one of the three Abrahamic religions (Islam, Christianity, or Judaism). By law, a woman seeking custody of a child “ought not” be an apostate; a man “ought” to be of the same faith as the child.

The law prohibits proselytizing directed at Muslims. The law prescribes up to three years’ imprisonment for public “ridicule” of any religion and prescribes up to five years’ imprisonment if the ridiculed religion is Islam.

There is no provision for the registration of religious groups.

By law, the government must authorize construction of any new buildings. The law, however, does not mention places of worship specifically.

Public schools must provide instruction in Islam, but not in other religions. The law states primary school classes must include knowledge of Islamic rituals and the country’s history and culture within the context of Islamic civilization. The law also specifies knowledge of Islamic beliefs as an objective of secondary education. Public schools are required to teach Sunni and Shia students the same curriculum, but the government is unable to enforce it in Houthi-controlled areas, where instructional materials indicate schools are teaching Zaydi principles only.

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

Government Practices

Media reports noted Shia-majority Iran supported the Houthis, who have historical roots as a Zaydi revivalist movement, and Sunni-majority Saudi Arabia supported the government. Some analysts emphasized that Houthi Zaydism was distinct from the Twelver Islam dominant in Iran, although both were generally considered to fall within the broad category of Shia Islam, and they said political and economic issues were more significant overall drivers of the conflict than religion. Many sources, including international media and foundations, continued to describe the conflict as part of a regional power struggle between Shia-ruled Iran and Sunni-ruled Saudi Arabia.

In July, the government and STC reached a new agreement to accelerate implementation of the November 2019 Saudi-brokered Riyadh Agreement, which called for a ceasefire, military withdrawal, and power-sharing. In December, the parties reached agreement on the formation of a new unity government, and the cabinet returned to Aden on December 30. The government did not exercise effective legal or administrative control over much of the country throughout the year, which limited its ability to address abuses of religious liberty by nonstate actors in areas not under its control.

The September 2019 UN Group of Experts report Situation of human rights in Yemen including violations and abuses since September 2014, covering the 2014-2019 period, reported that military actions by all parties during the conflict had inflicted casualties at religious gatherings and damaged places of worship and religious institutions. According to the NGO Yemen Data Project, the number of airstrikes by Saudi-led coalition forces during the year increased significantly compared with 2019. The NGO reported a continued decrease in airstrikes against nonmilitary targets, however, while airstrikes on military targets increased, as did airstrikes of unknown origin on a variety of targets. There were no reports of Saudi-led coalition air strikes against religious targets during the year, however. According to the UN Protection Cluster’s Civilian Impact Monitoring Project (CIMP), civilian casualties from air strikes fell from 2,588 in 2018 to 796 in 2019, and finally to 216 in 2020. Air strikes accounted for less than 10 percent of the 2,087 civilian casualties CIMP reported during the year (749 persons killed and 1,338 injured).

In August, the government publicly condemned, through the state news agency, Houthi authorities for persecuting religious minorities, in response to the Houthi deportation of six Baha’is to European countries and the United States.

Because of the conflict and the government’s absence from the country until the end of the year, the government was unable to verify the content of the religious curriculum taught in private schools. Many public and private schools throughout the country remained closed, and those operating were open for only a few hours a day.

The Houthis and officials residing in Houthi-controlled areas representing a faction of the largest secular political party, the General People’s Congress (GPC), jointly established the SPC in 2016. The SPC is a 10-member entity organized to establish and determine a governing structure for the country under the Houthi-led regime in Sana’a. The government and the international community have deemed the SPC unconstitutional and illegitimate. The SPC is not connected to the STC, the Southern Transitional Council.

In January, media reported that Houthi militants launched a missile attack on a mosque at a government military installation in Ma’rib Governorate, killing at least 116 soldiers during prayers. According to the UN Panel of Experts, on August 28, there was a second attack on the mosque and the military compound. The UN Panel of Experts, who visited the compound, reported that a ballistic missile hit the mosque in the second attack, killing seven and injuring approximately 120. The panel reported that the direction of the attack suggested Houthi forces were responsible for the attack. According to the panel, Ministry of Interior forces in the compound reportedly oversaw security in the city, and were not part of the military armed forces of the internationally-recognized Yemeni government, and therefore should have been protected under international humanitarian law. The panel also noted that “special care must be taken in military operations to avoid damage to buildings dedicated to religion.”

In March, the Appellate Division of the Specialized Criminal Court upheld the conviction and death sentence of Hamed Kamal Muhammad bin Haydara, a Baha’i imprisoned since 2013 and sentenced to death in 2018 on charges of spying for Israel and apostasy. Three days later, SPC President Mahdi al-Mashaat announced a pardon for Haydara and requested authorities release him and all other Baha’i detainees. Haydara remained imprisoned until July, when he and five other Baha’i prisoners – part of a group of 24 Baha’is charged with apostasy and espionage in 2018 – were released, exiled, and, according to the UN Group of Experts, their assets confiscated. According to local NGO INSAF Center for Defending Freedoms and Minorities, the six exiled Baha’is were living in Europe or the United States at year’s end. Mwatana and media sources reported a local court resumed proceedings in the case of the 24 Baha’is. According to the Baha’i International Community, during a court hearing in August, the prosecution called for five of the exiled Baha’is to attend the next court hearing and described them as “fugitives.” The court continued to prosecute the cases through year’s end. The UN Group of Experts reported that Houthis threatened, targeted, and sometimes detained lawyers who defended the Baha’is.

Mwatana reported more than 70 instances of abuse against the Baha’i community since 2015. Abuses included arbitrary detentions, deportations, and enforced disappearances.

According to its 2020 report, Human Rights Watch (HRW) again documented dozens of cases of Houthis carrying out arbitrary and abusive detention and enforced disappearances since 2014. The HRW report also said that in April, Houthi forces used the COVID-19 pandemic as a pretext to expel thousands of Ethiopian migrants, many of whom were Christians, from northern Yemen, killing dozens, and pushing them to the border with Saudi Arabia.

The Houthis continued to incarcerate Levi Salem Musa Marhabi, a Jew detained since 2016 for allegedly helping to remove an ancient Torah scroll from the country. The group continued to demand the return of the scroll from Israel.

According to the UN Group of Experts, harassment of Christians, mostly attributable to the Houthis, increased since the outbreak of the war. Christians reported holding services in secret because they feared being caught. The UN Group of Experts documented cases of forced detentions of Christians, including Ethiopians, on the grounds of religious belief, but it said to protect the detainees, it could not release details on these cases.

In a September report, the UN Group of Experts expressed concern about discrimination by the Houthis against religious and social minorities, including the Muhamasheen (the marginalized servant class), and internally displaced persons, migrants, and refugees. According to the report, these groups’ “risk of exploitation and physical abuse is exacerbated by the dire economic situation and the conflict itself… Religious minorities continue to face particular barriers to the enjoyment of their rights. For protection reasons, the Group of Eminent Experts is not able to publicly report on all of the violations experienced by these groups.”

A local human rights organization reported that since the signing of the Stockholm Agreement in 2018, the Houthis had damaged or destroyed 49 mosques in Hudaydah alone and transformed more than 100 mosques throughout the country into military barracks and sniper positions. In January, Minister of Endowments Ahmed al-Attiyah reported the Houthis had targeted 76 mosques in areas under their control.

According to a September report of the UN Group of Experts, the Houthis continued to use anti-Semitic rhetoric. In addition to the Houthi slogan, which includes the phrase “Curse on the Jews,” the UN Group of Experts noted multiple speeches made by Houthi supreme leader Abdulmalik al-Houthi in 2019 and during the year that incited violence against Jews. In a May speech, he declared, “The Jews are moving towards ensuring that the nation does not have the right vision.” The UN Group of Experts reported the Jewish minority faced Houthi-imposed restrictions on their freedom of movement and constant threats to their lives and security.

Abd al-Wahhab al-Mahbashi, a member of the Houthi Political Bureau, said in a March 20 sermon that Muslims should unite on the path to Jerusalem and in jihad against Jews, that enmity towards Jews was one of the identifying characteristics of Muslims, and that Jews and Americans were responsible for the COVID-19 pandemic.

On Houthi-affiliated al-Masirah TV on January 25, host Hamid Rizq referred to the visit to Auschwitz of a delegation of the Muslim World League, led by the Saudi Secretary General of the League, as “another venomous strike [by Saudi Arabia] to the body of the Arab and Islamic nation.” Rizk said the graves of Holocaust victims and museums of the Holocaust were a lie, stating that “many historians have proven that this genocide was not true.”

In April, Houthi authorities formalized by decree the practice in place since their takeover of Sana’a in 2015 of levying a 20 percent charitable tax (zakat) on all economic activities involving natural resources and redistributing these revenues to the minority Shia Zaydi Hashemite population (who claim descent from the Prophet Muhammad). The restoration of this practice elicited broad and public criticism from within Houthi-controlled areas that authorities sought to impose a sectarian political and economic system that was inconsistent with the country’s national nonsectarian tradition.

In northern areas traditionally under Houthi control, there were reports of continued Houthi efforts to impose their religious customs on non-Zaydi residents, including banning music, requiring women to wear full veils, and banning the mixing of genders in cafes unless couples had children or carried a marriage certificate.

Media reported gunmen killed Khalid al-Hameidi, a university professor known as a secular thinker and a critic of religious extremism, in a drive-by shooting in the city of Dhale on December 5. No group immediately claimed responsibility, but local officials said they believed the gunmen were members of AQAP or of an ISIS affiliate. According to a UN Panel of Experts report, AQAP and ISIS-Yemen, as well as other militias and separatist groups, continued to contribute to violence in the country. These sources stated that AQAP continued to appeal to local tribes to enable the group to embed itself in the civilian population. Sources said AQAP continued to prioritize its fight against ISIS over its fight against the Houthis to maintain its position as the dominant terrorist group in its areas of operation in the country, although there were active clashes between AQAP and Houthi forces on several fronts. Sources stated that the lack of a strong central government in the country continued to provide a fertile environment for AQAP to operate. According to the United Nations, AQAP remained active in Hadramawt, Shabwah, Ma’rib, Bayda’, and Abyan Governorates.