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Afghanistan

Executive Summary

The constitution establishes Islam as the state religion but stipulates followers of religions other than Islam may exercise their faith within the limits of the law. Conversion from Islam to another religion is considered apostasy, punishable by death, imprisonment, or confiscation of property, according to the Sunni Islam Hanafi school of jurisprudence. The constitution states the Hanafi school of jurisprudence shall apply “if there is no provision in the constitution or other laws about a case.” 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. Representatives from the predominantly Shia Hazara community continued to say the government’s provision of security in Shia-predominant areas was insufficient. Shia representatives said they saw no increase in Afghan National Defense and Security Forces (ANDSF) protection; however, they said the government distributed arms directly to the Shia community ahead of large Shia gatherings. Following a series of deadly attacks by ISIS-Khorasan (ISIS-K) in March that targeted Sikhs and killed 25 persons, approximately 200 members of the Sikh community departed the country for India, indicating they left because of the lack of security and insufficient government protection. According to the Hindu and Sikh communities, their members continued to avoid settling commercial and civil disputes in the courts due to fear of retaliation by the local community and instead chose to settle disputes through community councils.

There were reports that ISIS-K, an affiliate of ISIS and a U.S.-designated terrorist organization, continued to target and kill members of minority religious communities and that the Taliban targeted and killed individuals because of their religious beliefs or their links to the government. During the year, the UN Assistance Mission in Afghanistan (UNAMA) recorded 19 attacks attributed to ISIS-K and other antigovernment elements targeting places of worship, religious leaders, and worshippers, compared with 20 attacks in 2019 – causing 115 civilian casualties (60 deaths and 55 injured), compared with 236 civilian casualties (80 deaths and 156 injured) in 2019. According UNAMA, consistent with trends observed in the past four years, many of the suicide and improvised explosive device (IED) attacks on civilians targeted Shia Muslims, particularly ethnic Hazaras. Two major attacks on the Shia Hazara community occurred during the year. On March 6, two gunmen opened fire on participants, primarily Shia Hazara, attending a commemorative ceremony in Kabul, killing 32; ISIS-K claimed responsibility. On May 12, three gunmen stormed a maternity clinic in a predominantly Shia Hazara neighborhood of Kabul, killing 24 persons, including mothers, infants, and health-care workers; no group claimed responsibility, although the government believed ISIS-K was responsible. On March 25, gunmen attacked a Sikh gurdwara (house of worship and community gathering place) in Kabul, killing 25 and injuring 11. ISIS-K claimed responsibility for this attack. On March 26, an IED detonated during funeral services for the Sikh victims, injuring one person. Police also found and defused two other IEDs targeting Sikhs on March 26 and 27. The Taliban continued to kill or issue death threats against Sunni clerics for preaching messages contrary to its interpretation of Islam. Taliban gunmen killed progovernment imams and other religious officials throughout the country. The Taliban continued to warn mullahs not to perform funeral prayers for government security officials. 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. Media reported an Afghanistan Independent Human Rights Commission statement that on June 19, Taliban physically abused and killed the imam of a mosque in Baghlan Province for performing funeral rites for a local police commander. Insurgents claiming affiliation with ISIS-K reportedly engaged in similar activities. According to media, antigovernment forces also targeted Sunni mosques, including attacking two mosques in June, leading to the deaths of two imams and other worshippers. During the year, antigovernment forces carried out several attacks on religious leaders that resulted in fatalities.

Sikhs, Hindus, Christians, and other non-Muslim minority groups reported verbal harassment by some Muslims, although Hindus and Sikhs stated they still were able to practice their respective religions in public. Hindus and Sikhs said their children were harassed by fellow students in public schools, sometimes to the point that parents withdrew them from classes. According to international sources, Baha’is and Christians lived in constant fear of exposure and were reluctant to reveal their religious identities to anyone. Christian groups reported public sentiment, as expressed in social media and elsewhere, remained hostile towards converts and to Christian proselytization. They said individuals who converted or were studying Christianity reported receiving threats, including death threats, from family members. Christians and Ahmadi Muslims reported they continued to worship only privately, at home or in nondescript places of worship, to avoid discrimination and persecution. One mullah in Herat reportedly detained and punished with beatings more than 100 persons for what he said were violations of sharia; authorities did not restrain his activities, citing the need to focus on the Taliban. Women of several different faiths reported continued harassment by local Muslim religious leaders over their attire, which they said made it necessary for almost all women, both local and foreign, to wear some form of head covering. Observers said local Muslim religious leaders continued their efforts to limit social activities, such as music concerts, they considered inconsistent with Islamic doctrine. According to minority religious leaders, due to the small size of their communities, only a few places of worship remained open for Sikhs and Hindus, who said they continued to emigrate because of violent attacks on the community, societal discrimination, and lack of employment opportunities. Hindu and Sikh groups also reported continued interference with efforts to cremate the remains of their dead, in accordance with their customs, by individuals who lived near cremation sites. Despite requesting and receiving local authority support for security during their cremation ceremonies, the Hindu and Sikh communities continued to face protests and threats of violence that prevented them from carrying out the sacred practice. Before every cremation ceremony, the community requested the support of police, who sent security forces to the area to help avoid any disturbance. According to members of the community, at year’s end, approximately 400 members of the Sikh and Hindu communities remained in the country, down from approximately 600 at the start of the year.

U.S. Embassy officials continued to work with the government to promote understanding of religious freedom and why it is important as well the need for the acceptance and protection of religious minorities in meetings with senior government officials. To enhance the government’s capacity to counter violent religious extremism, facilitate creation of a national strategy against such extremism, and create policies to foster religious tolerance, embassy representatives met with the Office of the National Security Council (ONSC), the Ministry of Foreign Affairs, and the Ministry of Hajj and Religious Affairs (MOHRA), among other government agencies. The embassy regularly raised concerns about public safety and freedom to worship with security ministers. Embassy officials continued to meet regularly with leaders of major religious groups, as well as religious minorities, scholars, and nongovernmental organizations (NGOs), to discuss ways to enhance religious tolerance and interreligious dialogue. On February 17, embassy officials conducted a discussion via the Lincoln Learning Center in Khost Province with students, civil activists, and youth to explore how religious freedom is promoted in the United States. The embassy used virtual platforms to engage communities so these discussions could continue despite COVID-19 restrictions. The embassy continued to sponsor programs for religious leaders to increase interreligious dialogue, identify ways to counter violent religious extremism, empower female religious leaders, and promote tolerance for religious diversity. The embassy also used social media to condemn attacks on places of worship.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

Algeria

Executive Summary

The 2016 constitution provides for freedom of conscience and worship. The constitution declares Islam to be the state religion and prohibits state institutions from behaving in a manner incompatible with Islam. The law grants all individuals the right to practice their religion if they respect public order and regulations. Offending or insulting any religion is a criminal offense. Proselytizing to Muslims by non-Muslims is a crime. In a constitutional referendum passed on November 1 and effective December 30, voters approved a new constitution that removes language providing for “freedom of conscience.” Christian leaders expressed concern the change could lead to greater government persecution of religious minorities. In April, the government passed a hate speech law outlawing all forms of expression that propagate, encourage, or justify discrimination. Expression related to religious belief or affiliation, however, was not among the categories covered by the law. In October, authorities sentenced an Ahmadi Muslim leader to two years’ imprisonment on “unauthorized gathering” charges that followed a 2018 meeting between Ahmadi leaders and police officers in Constantine. On December 22, a court in Tizi Ouzou sentenced four Ahmadis to two months’ suspended sentences and 20,000-dinar ($150) fines while releasing 27 other Ahmadis whom authorities arrested in November. Lawyers for the Ahmadis said their clients were arrested for “disseminating leaflets with the aim of undermining the national interest, the occupation of a building for the practice of worship in a secret manner without authorization, collecting funds and donations without authorization, and preaching inside a building without authorization and without approval.” There were 220 cases pertaining to Ahmadi Muslims pending with the Supreme Court at year’s end, mostly involving unauthorized gatherings. Ahmadi religious leaders said the government continued to be unresponsive to religious groups’ requests to register or reregister. The Ministry of Justice completed, but did not release, an investigation into the 2019 death following a 60-day hunger strike in pretrial detention of Ibadi Muslim human rights activist Kamel Eddine Fekhar. A court sentenced a prominent opposition leader active in mass popular demonstrations (known as the hirak) to 10 years in prison and a fine of 10 million dinars ($75,600) on charges of denigrating Islam following a raid on his house, during which police found a damaged Quran. The 18 Christian churches affiliated with the Protestant Church of Algeria (EPA) and closed by the government since 2017 all remain closed. Catholic foreign religious workers faced visa delays and refusals that hindered the Church’s work. Catholic leaders in Algiers reported the government refused to renew the residency permit of a Catholic priest in Tamanrasset, citing a meeting with foreign officials.

Some Christian leaders and congregants spoke of family members abusing Muslims who converted to or expressed an interest in Christianity. Individuals engaged in religious practice other than Sunni Islam reported they had experienced threats and intolerance, including in the media. In April, the press reported that the former head of the Algerian Renewal Party, Noureddine Boukrouh, called for a suspension of Ramadan fasting in a Facebook post because it “poses a health risk and contributes to the outbreak of the coronavirus.” Boukrouh later reported that his posting subjected him to “criticisms, insults, and death threats.” Media sometimes criticized Ahmadi Islam and Shia Islam as “sects” or “deviations” from Islam or as “foreign.” Ahmadi leaders said news outlets continued to amplify what they consider government misinformation portraying Ahmadis as violent.

The Ambassador and other embassy officers frequently encouraged senior government officials in the Ministries of Foreign Affairs, Religious Affairs, Justice, and Interior to promote religious tolerance and discussed with them the difficulties Ahmadis, Christians, and other religious minority groups faced in registering as associations, importing religious materials, and obtaining visas. Embassy officers focused on pluralism and religious moderation in meetings and programs with religious leaders from both Sunni Muslim and minority religious groups as well as with other members of the public. The embassy used special events, social media, and speakers’ programs to emphasize a message of religious tolerance, although COVID-19 pandemic restrictions curtailed some of these activities during the year.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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

The law does not prohibit conversion from Islam, but proselytizing of Muslims by non-Muslims is a criminal offense. The law prescribes a maximum punishment of one million dinars ($7,600) and five years’ imprisonment for anyone who “incites, constrains, or utilizes means of seduction intending to convert a Muslim to another religion; or by using establishments of teaching, education, health, social, culture, training…or any financial means.” Making, storing, or distributing printed documents or audiovisual materials with the intent of “shaking the faith” of a Muslim is also illegal and subject to the same penalties.

The law criminalizes “offending the Prophet Muhammad” or any other prophets. The penal code provides punishment of three to five years in prison and/or a fine of 50,000 to 100,000 dinars ($380-$760) for denigrating the creed or prophets of Islam through writing, drawing, declaration, or any other means. The law also criminalizes insults directed at any other religion, with the same penalties.

The law grants all individuals the right to practice their religion if they respect public order and regulations.

The constitution establishes a High Islamic Council and states the council shall encourage and promote ijtihad (the use of independent reasoning as a source of Islamic law for issues not precisely addressed in the Quran) and express opinions on religious questions presented for its review. The President appoints the members of the council and oversees its work. The constitution requires the council to submit regular reports to the President on its activities. A presidential decree further defines the council’s mission as taking responsibility for all questions related to Islam, for correcting mistaken perceptions, and for promoting the true fundamentals and correct understanding of the religion. The council may issue fatwas at the request of the President.

The law requires any group, religious or otherwise, to register with the government as an association prior to conducting any activities. Under the Associations Law passed in 2012, the government required all organizations previously registered to reregister. The Ministry of Interior grants association status to religious groups; only registered associations are officially recognized. The ministry registration requirements for national-level associations stipulate the founding members must furnish documents proving their identities, addresses, and other biographic details; provide police and judicial records to prove their good standing in society; demonstrate they have founding members residing in at least one quarter of the country’s provinces to prove the association merits national standing; submit the association’s constitution signed by its president; and submit documents indicating the location of its headquarters.

The law requires the Ministry of Interior to provide a receipt for the application once it has received all required documentation. The ministry has 60 days to respond to applicants following the submission of a completed application. If the ministry does not respond within the 60-day timeframe, the application is automatically approved, and the receipt may be used as proof of registration. If the ministry considers the application incomplete, it does not issue a receipt for the application. The law grants the government full discretion in making registration decisions but provides applicants an opportunity to appeal a denial to an administrative tribunal. For associations seeking to register at the local or provincial level, application requirements are similar, but the association’s membership and sphere of activity is strictly limited to the area in which it registers. An association registered at the wilaya (provincial) level is confined to that specific wilaya.

The Ministry of Religious Affairs (MRA) has the right to review registration applications of religious associations, but the Ministry of Interior makes the final decision. The law, however, does not specify additional requirements for religious associations or further specify the MRA’s role in the process.

The National Committee for Non-Muslim Worship, a government entity, facilitates the registration process for all non-Muslim groups. The MRA presides over the committee, composed of senior representatives of the Ministries of National Defense, Interior, and Foreign Affairs; the presidency; national police; national gendarmerie; and the governmental National Human Rights Council (CNDH).

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

The law prohibits religious associations from receiving funding from political parties or foreign entities. The constitution prohibits the establishment of political parties based on religion. Membership in the Islamic Salvation Front, a political party banned since 1992, remains illegal.

The law specifies the manner and conditions under which religious services, Islamic or otherwise, must take place. The law states that religious demonstrations are subject to regulation, and the government may shut down any religious service taking place in private homes or in outdoor settings without official approval. Except for daily prayers, which are permissible anywhere, Islamic services may take place only in state-sanctioned mosques. Friday prayers are further limited to certain specified mosques.

Non-Islamic religious services must take place only in buildings registered with the state for the exclusive purpose of religious practice, be run by a registered religious association, open to the public, and marked as such on the exterior. A request for permission to observe special non-Islamic religious events must be submitted to the relevant governor at least five days before the event, and the event must occur in buildings accessible to the public. Requests must include information on three principal organizers of the event, its purpose, the number of attendees anticipated, a schedule of events, and its planned location. The individuals identified as the event’s organizers also must obtain a permit from the wali. The wali may request the organizers move the location of an event or deny permission for it to take place if he deems it would endanger public order or harm “national constants,” “good mores,” or “symbols of the revolution.” If unauthorized meetings go forward without approval, police may disperse the participants. Individuals who fail to disperse at the behest of police are subject to arrest and a prison term of two to 12 months under the penal code.

The penal code states only government-authorized imams, whom the state hires and trains, may lead prayers in mosques and penalizes anyone else who preaches in a mosque with a fine of up to 100,000 dinars ($760) and a prison sentence of one to three years. Fines as high as 200,000 dinars ($1,500) and prison sentences of three to five years are stipulated for any person, including government-authorized imams, who acts “against the noble nature of the mosque” or in a manner “likely to offend public cohesion, as determined by a judge.” The law states that such acts include exploiting the mosque to achieve purely material or personal objectives or with a view to harming persons or groups.

By law, the MRA provides financial support to mosques and pays the salaries of imams and other religious personnel as well as for health care and retirement benefits. The law also provides for the payment of salaries and benefits to non-Muslim religious leaders who are citizens. The Ministry of Labor regulates the amount of an individual imam’s or mosque employee’s pay and likewise sets the salaries of citizen non-Muslim religious leaders based on their position within their individual churches.

The Ministries of Religious Affairs, Foreign Affairs, Interior, and Commerce must approve the importation of all religious texts and items, except those intended for personal use. Authorities generally consider “importation” to be approximately 20 or more religious texts or items.

The law gives authorities broad power to ban books that run counter to the constitution, “the Muslim religion and other religions, national sovereignty and unity, the national identity and cultural values of society, national security and defense concerns, public order concerns, and the dignity of the human being and individual and collective rights.” A 2017 decree established a commission within the MRA to review importation of the Quran. The decree requires all applications to include a full copy of the text and other detailed information about the applicant and text. The ministry has three to six months to review the text, with the absence of a response after that time constituting a rejection of the importation application. A separate 2017 decree covering religious texts other than the Quran states, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.” The importer must submit the text and other information, and the ministry must respond within 30 days. A nonresponse after this period is considered a rejection. Religious texts distributed without authorization may be seized and destroyed.

The law states the government must approve any modification of structures intended for non-Islamic collective worship.

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

The Ministries of National Education and Religious Affairs require, regulate, and fund the study of Islam in public schools. Religious education focuses on Islamic studies but includes information on Christianity and Judaism and is mandatory at the primary and secondary school levels. The Ministry of National Education requires private schools to adhere to curricula in line with national standards, particularly regarding the teaching of Islam, or risk closure.

The law states discrimination based on religion is prohibited and guarantees state protection for non-Muslims and for the “toleration and respect of different religions.” It does not prescribe penalties for religious discrimination.

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

The CNDH monitors and evaluates human rights issues, including matters related to religious freedom. The law authorizes the CNDH to conduct investigations of alleged abuses, issue opinions and recommendations, conduct awareness campaigns, and work with other government authorities to address human rights issues. The CNDH may address religious concerns to appropriate government offices on behalf of individuals or groups it believes are not being treated fairly. The CNDH does not have the authority to enforce its decisions, but may refer matters to the relevant administrative or criminal court. It submits an annual report to the President, who appoints the committee’s members.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Some religious groups stated they functioned as registered 60 days after having submitted their application, even though they had not received a Ministry of Interior confirmation. Such groups stated, however, that service providers such as utilities and banks refused to provide services without proof of registration. As a result, these groups faced the same administrative obstacles as unregistered associations. They also had limited standing to pursue legal complaints and could not engage in charitable activities, which required bank accounts.

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

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

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

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

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

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

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

Some Christian citizens said they continued to use homes or businesses as “house churches” due to government delays in issuing the necessary legal authorizations. Other Christian groups, particularly in the country’s primarily Berber Kabylie region, reportedly held worship services more discreetly.

According to the MRA, the government continued to allow government employees to wear religious attire, including the hijab, crosses, and the niqab. Authorities continued to instruct some female government employees, such as security force members, not to wear head and face coverings that they said could complicate the performance of their official duties.

MRA officials said the government did not regularly prescreen and approve sermons before imams delivered them during Friday prayers. They also stated the government sometimes provided preapproved sermon topics for Friday prayers to address the public’s concerns following major events or to encourage civic participation through activities such as voting in elections. The MRA said it did not punish imams who did not discuss the suggested sermon topics.

Because of the COVID-19 pandemic and limited resources, it was unclear if the government continued the MRA’s stated practice of monitoring sermons delivered in mosques. According to MRA officials in the past, if a ministry inspector suspected an imam’s sermon was inappropriate, particularly if it supported violent extremism, the inspector had the authority to summon the imam to a “scientific council” composed of Islamic law scholars and other imams who assessed the sermon’s “correctness.” The government could decide to relieve an imam of duty if he was summoned multiple times. The government also monitored activities in mosques for possible security-related offenses, such as recruitment by extremist groups, and prohibited the use of mosques as public meeting places outside of regular prayer hours.

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

Non-Islamic religious texts, music, and video media continued to be available on the informal market, and stores and vendors in the capital sold Bibles in several languages, including Arabic, French, and Tamazight. In 2019, the government approved the first versions of the Quran in the Berber language, Tamazight, in the Arabic script.

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

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

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

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

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

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

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

Church groups continued to say the government did not respond in a timely fashion to their requests for visas for foreign religious workers and visiting scholars and speakers, resulting in de facto visa refusals. Catholic leaders continued to say their greatest issue with the government was the long and unpredictable wait times for religious workers’ visas. Catholic and Protestant groups continued to identify the delays as significantly hindering religious practice, although Anglican leadership reported they usually received visas in a timely manner. One religious leader again identified lack of visa issuances as a major impediment to maintaining contact with the church’s international organization. Higher-level intervention with officials responsible for visa issuance by senior MRA and Ministry of Foreign Affairs officials at the request of religious groups sometimes resulted in the issuance of long-term visas, according to those groups. Catholic leaders in Algiers said the government denied a Tamanrasset-based priest’s residency renewal following his November 2019 meeting with foreign officials.

The government and public and private companies funded the preservation of some Catholic churches, particularly those of historical importance. The Province of Oran, for example, continued to work in partnership with local donors on an extensive renovation of Notre Dame de Santa Cruz as part of its cultural patrimony.

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

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

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

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

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

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

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

Azerbaijan

Executive Summary

The constitution stipulates the separation of religion and state and the equality of all religions. It also protects the right of individuals to express their religious beliefs and to practice religious rituals, provided these do not violate public order or public morality. The law prohibits the government from interfering in religious activities; it also states the government and citizens have a responsibility to combat “religious extremism” and “radicalism.” The law specifies the government may dissolve religious organizations if they cause racial, national, religious, or social animosity; proselytize in a way that “degrades human dignity”; or hinder secular education. In two separate decisions in January and June, the European Court of Human Rights (ECHR) ruled the government had violated the religious freedom rights of five individuals by subjecting them to excessively long pretrial detention (between five and 10 months) under the European Convention on Human Rights and ordered it to pay compensation. According to Forum 18, an international human rights nongovernmental organization (NGO), three of the five were arrested for gathering to study the works of the late Turkish Sunni theologian Said Nursi. One of the men said authorities physically abused him during his detention. In September, the ECHR accepted the government’s admission it had violated the rights of multiple Muslim individuals and Jehovah’s Witnesses to meet for worship or religious study at members’ homes. Throughout the year, courts continued reviewing appeals and sentencing individuals detained after a July 2018 attack on the then-head of the Ganja City Executive Committee and the subsequent killing of two police officers. Authorities alleged those sentenced were part of a Shia “extremist conspiracy” that sought to undermine the constitutional order. Civil society activists and human rights groups considered the vast majority of the verdicts to be politically motivated and estimated 43 individuals remained in prison at year’s end in connection with the events in Ganja. Authorities continued legal action against individuals associated with the unregistered Muslim Unity Movement (MUM), which the government characterized as an extremist group. Civil society activists and human rights advocates considered the incarceration of MUM members to be politically motivated. Local human rights groups and others stated the government continued to physically abuse, arrest, and imprison religious activists. According to these groups, the number of religious activists who were political prisoners or detainees ranged from 41 to 48 at the end of the year. Religious communities continued to express frustration that communities with fewer than 50 members were not allowed to legally register. The government stated that reducing the minimum number of members below 50 would promote extremism. The government continued to control the importation, distribution, and sale of religious materials. In June, amendments to the criminal code entered into force that added “restriction of freedom” (i.e., probation) to preexisting penalties that included fines and imprisonment for publishing or distributing material with religious content without government approval. The government did not exercise control over the Nagorno-Karabakh region or surrounding territories throughout much of the year. During 44 days of intensive fighting from September 27 to November 10 involving Armenia, Armenia-supported separatists, and Azerbaijan, significant casualties and atrocities were reported by all sides. After Azerbaijan, with Turkish support, reestablished control over four surrounding territories controlled by separatists since 1994, a Russian-brokered ceasefire arrangement announced by Azerbaijan and Armenia on November 9 resulted in the peaceful transfer of control over three additional territories to Azerbaijan as well as the introduction of Russian peacekeepers to the region. During the conflict, Human Rights Watch reported two separate attacks on October 8 on the Holy Savior Cathedral in Shusha by Azerbaijani forces. In connection with attacks on and vandalism of religious sites following the Fall fighting, Armenian officials, religious leaders, and civil society representatives expressed concerns for the protection of Armenian cultural and religious heritage as the sites passed from Armenian to Azerbaijani control.

Civil society representatives stated citizens continued to tolerate and, in some cases, financially support “traditional” minority religious groups (i.e., those historically present in the country), including Jews, Russian Orthodox, and Catholics. Groups viewed as “nontraditional,” however, were often viewed with suspicion and mistrust.

The Ambassador and other U.S. embassy officers engaged government officials to advocate for the release of individuals NGOs stated were imprisoned for their religious beliefs. The Ambassador and embassy officers urged government officials to address longstanding issues with the registration process for smaller religious communities and to implement an alternative to military service for conscientious objectors, as stipulated in the constitution. The Ambassador advocated at the highest levels of government for the protection of religious and cultural sites in the newly returned territories. The Ambassador and embassy officers met regularly with representatives of registered and unregistered religious groups and civil society to discuss religious freedom in the country. Embassy officers also had consultations with theologians.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution stipulates the separation of religion and state and the equality of all religions and all individuals regardless of belief. It protects freedom of religion, including the right of individuals to profess, individually or together with others, any religion, or to profess no religion, and to express and spread religious beliefs. It also provides for the freedom to carry out religious rituals, provided they do not violate public order or public morality. The constitution states no one may be required to profess his or her religious beliefs or be persecuted for them; the law prohibits forced expressions or demonstrations of religious faith.

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

The law requires religious organizations – termed “associations” in the country’s legal code and encompassing religious groups, communities, and individual congregations of a denomination – to register with the government through the SCWRA. The SCWRA manages the registration process and may appeal to the courts to suspend a religious group’s activities. A religious community’s registration is tied to the physical site where the community is located, as stated in its application. A subsequent move or expansion to other locations requires reregistration. Registration allows a religious organization to hold meetings, maintain a bank account, rent property, act as a legal entity, and receive funds from the government.

To register, a religious organization must submit to the SCWRA a notarized application signed by at least 50 of its members, a charter and founding documents, the names of the organization’s founders, and the organization’s legal address and bank information.

By law, the government must rule on a registration application within 30 days, but there are no specified consequences if the government fails to act by the deadline. Authorities may deny registration of a religious organization if its actions, goals, or religious doctrine contradict the constitution or other laws. Authorities may also deny registration if an organization’s charter or other establishment documents contradict the law or if the information provided is false. Religious groups may appeal registration denials to the courts.

The Caucasus Muslim Board (CMB) is registered by the SCWRA as a foundation and oversees the activities of registered Islamic organizations, including training and appointing clerics to lead Islamic worship, periodically monitoring sermons, and organizing pilgrimages to Mecca. Muslim communities must receive an approval letter from the CMB before submitting a registration application to the SCWRA.

While the law prohibits the government from interfering in the religious activities of any individual or group, there are exceptions for suspected extremist or other illegal activity. The law states government entities and citizens have rights and responsibilities to combat “religious extremism” and “radicalism.” The law defines religious extremism as behavior motivated by religious hatred, religious radicalism (described as believing in the exceptionalism of one’s religious beliefs), or religious fanaticism (described as believing no one outside of one’s religious group may criticize that group). According to the law, this behavior includes forcing a person to belong to any specific religion or to participate in specific religious rituals. It also includes activities seeking to change by force the constitutional structure of the country’s government, including its secular nature; setting up or participating in illegal armed groups or unions; and engaging in terrorist activities. The law penalizes actions that intend to change the constitutional order or violate the territorial integrity of the country on the grounds of religious hatred, radicalism, or fanaticism, with prison terms ranging from 15 years to life.

The law specifies circumstances under which religious organizations may be dissolved, including if they act contrary to their founding objectives; cause racial, national, religious, or social animosity; or proselytize in a way that degrades human dignity or contradicts recognized principles of humanity, such as “love for mankind, philanthropy, and kindness.” Other grounds for dissolution include hindering secular education or inducing members or other individuals to cede their property to the organization.

Rituals and ceremonies related to Islam may be performed only by citizens of the country. The law allows foreigners invited by non-Islamic registered religious groups to conduct religious services, but it prohibits citizens who received Islamic education abroad from leading religious ceremonies unless they obtain special permission from the CMB. Penalties for violating the law include up to one year’s imprisonment or fines from 1,000 manat ($590) to 5,000 manat ($2,900). A longstanding agreement between the government and the Holy See allows foreigners to lead Catholic rituals.

The administrative code prohibits “clergy and members of religious associations from holding special meetings for children and young people as well as the organizing or holding by religious bodies of organized labor, literary, or other clubs and groups unassociated with holding religious ceremonies.”

The law restricts the use of religious symbols and slogans to inside places of worship.

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

There is no religious component in the curriculum of public or private elementary or high schools; however, students may obtain after-school religious instruction at registered institutions. Students may study religion at higher educational institutions, such as the Azerbaijan Institute of Theology, and the CMB sponsors some religious training abroad. The law prohibits individuals who pursue foreign government-supported or privately funded religious education abroad without permission from the government from holding official religious positions, preaching, or leading sermons after returning to the country.

Although the constitution allows alternative service “in some cases” when military service conflicts with personal beliefs, there is no legislation permitting alternative service, including on religious grounds. Refusal to perform military service is punishable under the criminal code with imprisonment of up to two years or forced conscription.

The law stipulates the government may revoke the citizenship of individuals who participate in terrorist acts; engage in religious extremist actions; undergo military training abroad under the guise of receiving religious education; propagate religious doctrines in a “hostile” manner, which the law does not further define; or participate in religious conflicts in a foreign country under the guise of performing religious rituals.

According to the constitution, the law may restrict participation of “religious officials” in elections and bars them from election to parliament. By law, political parties may not engage in religious activity. The law does not define “religious officials.” The law prohibits religious leaders from simultaneously serving in any public office and in a position of religious leadership. It proscribes the use of religious facilities for political purposes.

The constitution prohibits “spreading propaganda of religions humiliating people’s dignity and contradicting the principles of humanism” as well as “propaganda” inciting religious animosity. The law also prohibits threats or expressions of contempt for persons based on religious belief.

The law prohibits proselytizing by foreigners but does not prohibit citizens from doing so. In cases of proselytization by foreigners and stateless persons, the law sets a punishment of one to two years in prison.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Burma

Executive Summary

The constitution guarantees every citizen “the right to freely profess and practice religion subject to public order, morality, or health and to the other provisions of this Constitution.” The law prohibits speech or acts insulting or defaming any religion or religious beliefs. As during previous years, it was sometimes difficult to categorize incidents as based solely on religious identity due to the close linkage between religion and ethnicity. Violence, discrimination, and harassment in Rakhine State targeting ethnic Rohingya, nearly all Muslim, and other minority populations continued. Following the military’s commission of ethnic cleansing and other mass atrocities against Rohingya in August 2017 that displaced more than 700,000 refugees to Bangladesh, Rohingya remaining in Burma continued to face an environment of severe repression and restrictions on freedom of movement and access to education, healthcare, and livelihoods based on their ethnicity, religion, and citizenship status, according to the United Nations and nongovernmental organizations (NGOs). Among the 163 Rohingya who reportedly fled the country between January and October, some cited ongoing abuses in Rakhine State; others reported continuing government pressure to participate in a residency verification campaign, which they said they did not trust. During the year, several UN entities commented or released reports on the Rohingya crisis. In September, the former UN Special Rapporteur on the Situation of Human Rights in Myanmar said the government was purposefully evading accountability and making it difficult for Rohingya refugees to safely return to Rakhine State as part of the government’s goal of “exterminating their basic identity.” The Independent Investigative Mechanism for Myanmar (IIMM) began to interview witnesses and collect evidence for possible criminal proceedings for gross violations of human rights, including against Rohingya. Religious leaders and civil society activists reported some government and military officials continued to deploy anti-Rohingya and anti-Muslim rumors and hate speech in official events. Rohingya, both in Rakhine State and those living in Bangladesh, faced mass disenfranchisement in November general elections because of discriminatory citizenship policies. The government barred seven Rohingya politicians from running in the elections on citizenship grounds, while allowing five Muslim candidates from the Kaman minority to run. Non-Buddhist minority groups, including Christians, Hindus, and Muslims, said authorities restricted religious practice, denied freedom of movement to members of religious minority groups, closed places of worship, denied or failed to approve permits for religious buildings and repairs, and discriminated in employment and housing. NGOs said the military’s selective denial of humanitarian access in some conflict areas, including Kachin, Chin, and Rakhine States, led to continued severe hardship for religious minority groups.

According to media reports, ethnic armed organizations in the country continued to pose a threat to religious freedom. Christian pastor Tun Nu, abducted in 2019 by the Arakan Army and previously presumed dead, was found alive and was reunited with his family in March. In the Wa Self-Administered Division, where the government had no administrative control, the United Wa State Army (UWSA) tightened restrictions on Christian religious practice. In December 2019, 51 Baptist churches had reopened and UWSA authorities stated they were conducting assessments to determine which other churches would be allowed to reopen. In October, however, a Baptist religious leader reported that all churches were again closed and even house worship was limited to no more than four families together in some areas.

Some leaders and members of the Buddha Dhamma Parahita Foundation (formerly Ma Ba Tha) continued to issue pejorative statements against Muslims. Although the State Sangha Maha Nayaka Committee (SSMNC), an independent but government-supported body that oversees Buddhist affairs, issued orders that no group or individual be allowed to operate under the banner of Ma Ba Tha and declared it an “illegal organization,” many local Ma Ba Tha branches continued to operate with that name. Other Ma Ba Tha leaders continued propagating anti-Muslim speech in sermons and through social media. According to Burma Monitor, an NGO focused on monitoring and analyzing hate speech, more than 100 Ma Ba Tha-affiliated candidates registered to run in the 2020 general elections, mostly from nationalist parties such as the Democratic Party of National Politics, the military-linked National Development Party, and the People’s Pioneer Party. While local and international experts said deep-seated prejudices led to abuses and discrimination against members of religious minority groups, some civil society groups worked to improve interreligious tolerance. According to media reports, civil society activists spearheaded efforts to improve interreligious tolerance and respect for religious practices and to deepen interfaith dialogue. The interfaith “White Rose” campaign that formed after an anti-Muslim, Buddhist nationalist mob shut down temporary Ramadan prayer sites in Yangon in 2019 continued its efforts. Other religious and civil society leaders continued to organize intrafaith and interfaith events and developed mechanisms to monitor and counter hate speech.

Senior U.S. government officials, including the Secretary of State, the Acting Deputy Permanent Representative to the United Nations, the Administrator of the U.S. Agency for International Development (USAID), the Ambassador to Burma, and the Ambassador at Large for International Religious Freedom, advocated for religious freedom and tolerance and consistently raised concerns about discrimination against members of religious minority groups, the treatment of Rohingya and conditions in Rakhine State, and the prevalence of anti-Muslim hate speech and religious tensions. In June, the Acting USAID Administrator noted freedom of religion was a key component of national security and that the U.S. response to promote accountability for those involved in the ethnic cleansing of Rohingya remained a top priority. U.S. financial sanctions imposed in December 2019 on the Burmese military commander-in-chief, his deputy, and two brigadier generals for human rights violations against members of ethnic and religious minority groups remained in place. During the year, U.S. embassy representatives, including the Ambassador, frequently met with Buddhist, Muslim, Christian, Jewish, and Hindu leaders, including ethnic minority religious leaders, to highlight concerns about religion-based abuses, including discrimination, and called for respect for religious freedom and the values of diversity and tolerance in statements and other public messaging.

Since 1999, Burma has been designated a “Country of Particular Concern” (CPC) under the International Religious Freedom Act of 1998 for having engaged in or tolerated particularly severe violations of religious freedom. On December 2, 2020, the Secretary of State redesignated Burma as a CPC and identified the following sanction that accompanied the designation: the existing ongoing arms embargo referenced in 22 CFR 126.1(a) pursuant to section 402(c) (5) of the Act.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Some ethnic armed organizations operating in the country continued to pose a threat to ethnic and religious minority groups. The Arakan Army abducted Pastor Tun Nu at gunpoint in January 2019 in Rakhine State. After he was initially presumed dead, International Christian Concern reported he was released in March.

According to a Baptist leader, in October the UWSA, which controls the Wa Self-Administered Division in Shan State, again closed all churches and restricted home worship to a maximum of four families together amid other severe limits on Christian worship, teaching, and proselytizing. In December 2019, the UWSA allowed at least some of the Baptist churches it forced to close in September 2018 to reopen, according to a local bishop. The national government exerted no authority inside Wa territory, under UWSA control since 1988.

Several churches in Paletwa Township, Chin State, ceased night worship services after the issuance of a night curfew order due to the threats posed by the Arakan Army, according to the CHRO. The CHRO described the threats as including targeting infrastructure, extortion, unlawful detentions, enforced disappearances, torture, and killings.

China (Includes Tibet, Xinjiang, Hong Kong, and Macau)

Read A Section: China

Tibet | Xinjiang | Hong Kong | Macau

Executive Summary

Reports on Hong Kong, Macau, Tibet, and Xinjiang are appended at the end of this report.

The constitution of the People’s Republic of China (PRC), which cites the leadership of the Chinese Communist Party (CCP), states that citizens “enjoy freedom of religious belief” but limits protections for religious practice to “normal religious activities” without defining “normal.” CCP members and members of the armed forces are required to be atheists and are forbidden from engaging in religious practices. National law prohibits organizations or individuals from interfering with the state educational system for minors younger than the age of 18, effectively barring them from participating in most religious activities or receiving religious education. Some provinces have additional laws on minors’ participation in religious activities. The government continued to assert control over religion and restrict the activities and personal freedom of religious adherents that it perceived as threatening state or CCP interests, according to religious groups, nongovernmental organizations (NGOs), and international media reports. The government recognizes five official religions: Buddhism, Taoism, Islam, Protestantism, and Catholicism. Only religious groups belonging to one of the five state-sanctioned “patriotic religious associations” representing these religions are permitted to register with the government and officially permitted to hold worship services. There continued to be reports of deaths in custody and that the government tortured, physically abused, arrested, detained, sentenced to prison, subjected to forced indoctrination in CCP ideology, or harassed adherents of both registered and unregistered religious groups for activities related to their religious beliefs and practices. According to Minghui, a Falun Gong publication, police arrested more than 6,600 Falun Gong practitioners during the year. According to the annual report of The Church of the Almighty God (CAG), authorities arrested more than 7,000 of its members and subjected them to physical abuse, including beatings, sleep deprivation, and being forced into stress positions. The CAG reported some individuals died in custody or as a result of police harassment. Bitter Winter, an online publication that tracks religious liberty and human rights abuses in the country, reported instances of individuals being held for extended periods of time in psychiatric hospitals for practicing their religious beliefs, where authorities beat them and forced them to take medication. Authorities detained and arrested religious leaders trying to hold services online. The government continued its 2019-2024 campaign of “Sinicization” to bring all religious doctrine and practice in line with CCP doctrine, including by requiring clergy of all faiths to attend political indoctrination sessions, monitoring religious services, preapproving sermons, and altering religious texts, including, according to media, stories from the life of Jesus, to emphasize loyalty to the CCP and the State. In September, United Front Work Department (UFWD) vice head and State Administration for Religious Affairs (SARA) director general Wang Zuo’an announced foreign influence and control had been completely eliminated from Christianity in China. The government offered financial incentives to law enforcement to arrest religious practitioners and to citizens who reported “illegal religious activity.” The government continued its campaign against religious groups it characterized as “cults,” including the CAG, and maintained a ban on other groups, such as Falun Gong. From January to July, officials across the country shut down religious venues, including some that were affiliated with the authorized patriotic religious associations, in some but not all cases citing COVID restrictions. There were reports the government used the COVID-19 pandemic as a pretext to increase the surveillance and arrest of religious practitioners, including members of state-sanctioned groups, and to curtail private worship among religious groups. Authorities continued to restrict the printing and distribution of the Bible, Quran, and other religious literature, and penalized publishing and copying businesses that handled religious materials. Authorities censored online posts referencing Jesus or the Bible. There were numerous reports that authorities closed or destroyed Islamic, Christian, Buddhist, and Taoist houses of worship and destroyed public displays of religious symbols throughout the country. The government removed architectural features that identified churches and mosques as religious sites. It altered textbooks to delete references to religious holidays. Officials routinely made public statements denigrating the Dalai Lama. In October, the Holy See extended for another two years its 2018 provisional agreement with the government concerning the appointment of bishops. Critics stated the agreement did not alleviate government pressure on Catholic clergy to join the state-sponsored Chinese Catholic Patriotic Association (CCPA).

Christians, Muslims, Tibetan Buddhists, and Falun Gong practitioners reported severe societal discrimination in employment, housing, and business opportunities. In Xinjiang and Tibet, authorities continued to suppress Uyghur and Tibetan language and culture, while promoting ethnic Han individuals in political, economic, and cultural life. Anti-Muslim speech in social media remained widespread.

In multiple public speeches, the U.S. Secretary of State criticized the government for curtailing religious freedom. In an October speech on tolerance given while visiting Indonesia, the Secretary said, “The gravest threat to the future of religious freedom is the Chinese Communist Party’s war against people of all faiths: Muslims, Buddhists, Christians, and Falun Gong practitioners alike.” The Ambassador and other U.S. embassy and consulate general officials met with a range of government officials to advocate for greater religious freedom and tolerance, and for the release of individuals imprisoned for religious reasons. The Ambassador and other embassy and consulate general officials met with members of registered and unregistered religious groups, family members of religious prisoners, NGOs, and others to reinforce U.S. support for religious freedom. The embassy continued to amplify Department of State religious freedom initiatives directly to Chinese citizens through outreach programs and social media.

On June 17, the President signed into law the Uyghur Human Rights Policy Act of 2020 authorizing the imposition of U.S. sanctions, including asset blocking and denial of visas, against Chinese officials responsible for the detention and persecution of Uyghurs and other Muslim minorities in Xinjiang. In July, the U.S. government imposed sanctions on four Chinese leaders and additional PRC entities pursuant to the Global Magnitsky Human Rights Accountability Act. During the year, the U.S. government added 20 PRC entities to the Department of Commerce’s Entity List that were implicated in human rights abuses in Xinjiang. The U.S. imposed visa restrictions on government and CCP officials for their responsibility for, or complicity in, human rights abuses in Xinjiang. When announcing the visa restrictions, the Secretary of State said, “The United States will not stand idly by as the CCP carries out human rights abuses targeting Uyghurs, ethnic Kazakhs, and members of other minority groups in Xinjiang, to include forced labor, arbitrary mass detention, and forced population control, and attempts to erase their culture and Muslim faith.” The U.S. also prohibited import of merchandise believed to have been produced in Xinjiang with forced labor. At the direction of the Secretary of State, U.S. government officials explored whether the PRC’s actions in Xinjiang constituted atrocities, namely crimes against humanity and genocide. The process was ongoing at year’s end.*

Since 1999, China has been designated as a “Country of Particular Concern” (CPC) under the International Religious Freedom Act of 1998 for having engaged in or tolerated particularly severe violations of religious freedom. On December 2, 2020 the Secretary of State redesignated China as a CPC and identified the following sanction that accompanied the designation: the existing ongoing restriction on exports to China of crime control and detection instruments and equipment, under the Foreign Relations Authorization Act of 1990 and 1991 (Public Law 101-246), pursuant to section 402(c)(5) of the Act.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution, which cites the leadership of the CCP and the guidance of Marxism-Leninism and Mao Zedong and Xi Jinping Thought, states citizens “enjoy freedom of religious belief,” but it limits protections for religious practice to “normal religious activities” without defining normal. It says religion may not be used to disrupt public order, impair the health of citizens, or interfere with the educational system. The constitution provides for the right to hold or not to hold a religious belief. It says state organs, public organizations, and individuals may not discriminate against citizens “who believe in or do not believe in any religion.” The constitution states, “Religious bodies and religious affairs are not subject to any foreign domination.”

The law does not allow legal action to be taken against the government based on the religious freedom protections afforded by the constitution. Criminal law allows the state to sentence government officials to up to two years in prison if they violate a citizen’s religious freedom.

The CCP is responsible for creating religious regulations and oversees the UFWD, which in turn manages SARA’s functions and responsibilities. SARA is responsible for implementing the CCP’s religious regulations and administers the provincial and local bureaus of religious affairs.

CCP members and members of the armed forces are required to be atheists and are forbidden from engaging in religious practice. Members found to belong to religious organizations are subject to expulsion, although these rules are not universally enforced. The vast majority of public office holders are CCP members, and membership is widely considered a prerequisite for success in a government career. These restrictions on religious belief and practice also apply to retired CCP members.

The law bans certain religious or spiritual groups. Criminal law defines banned groups as “cult organizations” and provides for criminal prosecution of individuals belonging to such groups and punishment of up to life in prison. There are no published criteria for determining or procedures for challenging such a designation. A national security law also explicitly bans cult organizations.

The CCP maintains an extralegal, party-run security apparatus to eliminate the Falun Gong movement and other organizations. The government continues to ban the Guanyin Method religious group (Guanyin Famen or the Way of the Goddess of Mercy) and Zhong Gong (a qigong exercise discipline). The government considers Falun Gong an “illegal organization.” The government also considers several Christian groups to be “cults,” including the Shouters, The Church of the Almighty God (CAG, also known as Eastern Lightning), Society of Disciples (Mentu Hui), Full Scope Church (Quan Fanwei Jiaohui), Spirit Sect, New Testament Church, Three Grades of Servants (San Ban Puren), Association of Disciples, Established King Church, the Family Federation for World Peace and Unification (Unification Church), Family of Love, and South China Church.

The Counterterrorism Law describes “religious extremism” as the ideological basis of terrorism; it uses “distorted religious teachings or other means to incite hatred or discrimination, or advocate violence.”

The government recognizes five official religions: Buddhism, Taoism, Islam, Protestantism, and Catholicism. Regulations require religious organizations to register with the government. Only religious groups belonging to one of the five state-sanctioned religious associations are permitted to register, and only these organizations may legally hold worship services. The five associations, which operate under the direction of the CCP’s UFWD, are the Buddhist Association of China (BAC), the Chinese Taoist Association, the Islamic Association of China (IAC), the Three Self Patriotic Movement Church (TSPM), and the CCPA. Other religious groups, such as Protestant groups unaffiliated with the official TSPM or Catholics professing loyalty to the Holy See, are not permitted to register as legal entities. The law does not provide a mechanism for religious groups independent of the five official patriotic religious associations to obtain legal status.

According to regulations, religious organizations must submit information about the organization’s historical background, members, doctrines, key publications, minimum funding requirements, and government sponsor, which must be one of the five state-sanctioned religious associations. Registration information is only required once, but religious organizations must reregister if changes are made to the required documentation.

Under revisions to the civil code passed by the National People’s Congress in June, a religious institution established according to law may apply for the status of a “legal person” (nonprofit entity) under Article 92 of the civil code. The revisions formalized the ability of organizations to possess property, publish approved materials, train staff, and collect donations, thereby facilitating authorities’ ability to track and regulate religious institutions. Previously, bank accounts and real estate holdings were commonly held in the name of individual staff members, making it difficult in some cases for authorities to separate the financial matters of members from those of the religious institution.

Religious and other regulations permit official patriotic religious associations to engage in activities such as building places of worship, training religious leaders, publishing literature, and providing social services to local communities. The CCP’s UFWD, including SARA, and the Ministry of Civil Affairs provide policy guidance and supervision on the implementation of these regulations.

Government policy allows religious groups to engage in charitable work, but regulations specifically prohibit faith-based organizations from proselytizing while conducting charitable activities. Authorities require faith-based charities, like all other charitable groups, to register with the government. Once they are registered as official charities, authorities allow them to raise funds publicly and to receive tax benefits. The government does not permit unregistered charitable groups to raise funds openly, hire employees, open bank accounts, or own property. According to several unregistered religious groups, the government requires faith-based charities to obtain official cosponsorship of their registration application by the local official religious affairs bureau. Authorities often require these groups to affiliate with one of the five state-sanctioned religious associations.

Article 70 of the Regulations on Religious Affairs requires members of religious groups to seek approval to travel abroad for “religious training, conferences, pilgrimages, and other activities.” Anyone found organizing such activities without approval may be fined between RMB 20,000 and 200,000 ($3,100 and $30,600). Illegally obtained income connected to the travel may be seized and “if the case constitutes a crime, criminal responsibility shall be investigated according to law.”

The regulations specify that no religious structure, including clergy housing, may be transferred, mortgaged, or utilized as investments. SARA regulations place restrictions on religious groups conducting business or making investments by stipulating the property and income of religious groups, schools, and venues must not be distributed and should be used for activities and charity befitting their purposes; any individual or organization that donates funds to build religious venues is prohibited from owning the venues.

The regulations impose a limit on foreign donations to religious groups, stating such donations must be used for activities that authorities deem appropriate for the group and the site. Regulations ban donations from foreign groups and individuals if the donations come with any attached conditions, and they state that any donations exceeding RMB 100,000 ($15,300) must be submitted to the local government for review and approval. Religious groups, religious schools, and “religious activity sites” may not accept donations from foreign sources that have conditions attached.

The regulations require that religious activity “must not harm national security” or support “religious extremism.” The regulations do not define “extremism.” Penalties for “harm to national security” may include suspending groups and canceling the credentials of clergy.

National laws allow each provincial administration to issue its own regulations concerning religious affairs, including penalties for violations. Many provinces updated their regulations after the national 2018 regulations came into effect. In addition to the five officially recognized religions, local governments, at their discretion, may permit followers of certain unregistered religions to carry out religious practices. In Heilongjiang, Zhejiang, and Guangdong Provinces, for example, local governments allow members of Orthodox Christian communities to participate in unregistered religious activities.

SARA states, in a policy posted on its website, that family and friends have the right to meet at home for worship, including prayer and Bible study, without registering with the government. A provision states, however, that religious organizations should report the establishment of a religious site to the government for approval.

By law, prison inmates have the right to believe in a religion and maintain their religious faith while in custody. However, the PRC defines the right to religious faith differently than the right to religious activities, such as prayer facilities and access to clergy. Muslim prisoners are reportedly allowed to have meals with the “halal” label.

The law does not define what constitutes proselytizing. The constitution states that no state unit, social organization, or individual may force a citizen to believe or not believe in a religion. Offenders are subject to administrative and criminal penalties.

An amendment to the criminal law and a judicial interpretation by the national Supreme People’s Procuratorate and the Supreme People’s Court published in 2016 criminalize the act of forcing others to wear “extremist” garments or symbols; doing so is punishable by up to three years’ imprisonment, short-term detention or controlled release, and a concurrent fine. Neither the amendment nor the judicial interpretation defines what garments or symbols the law considers “extremist.”

Publication and distribution of literature containing religious content must follow guidelines determined by the State Publishing Administration. Online activities (“online religious information services”) of religious groups require prior approval from the provincial religious affairs bureau. Religious texts published without authorization, including Bibles, Qurans, and Buddhist and Taoist texts, may be confiscated, and unauthorized publishing houses closed.

The government offers some subsidies for the construction of state-sanctioned places of worship and religious schools.

To establish places of worship, religious organizations must first receive approval from the religious affairs department of the local government when the facility is proposed, and again before services are first held at that location. Religious organizations must submit dozens of documents to register during these approval processes, including detailed management plans of their religious activities, exhaustive financial records, and personal information on all staff members. Religious communities not going through the formal registration process may not legally have a set facility or worship meeting space. Therefore, every time such groups want to reserve a space for worship, such as by renting a hotel room or an apartment, they must seek a separate approval from government authorities for that specific service. Worshipping in a space without prior approval, gained either through the formal registration process or by seeking an approval for each service, is considered an illegal religious activity and is subject to criminal or administrative penalties.

By regulation, if a religious structure is to be demolished or relocated because of city planning or the construction of “key” projects, the party responsible for demolishing the structure must consult with its local bureau of religious affairs (guided by SARA) and the religious group using the structure. If all parties agree to the demolition, the party conducting the demolition must agree to rebuild the structure or to provide compensation equal to its appraised market value.

The Regulations on Religious Affairs include registration requirements for schools that allow only the five state-sanctioned religious associations or their affiliates to form religious schools. Children younger than the age of 18 are prohibited from participating in religious activities and receiving religious education, even in schools run by religious organizations. Enforcement and implementation of these rules varied widely across and within regions. One regulation states that no individual may use religion to hinder the national education system and that no religious activities may be held in schools. The law mandates the teaching of atheism in schools, and a CCP directive provides guidance to universities on how to prevent foreign proselytizing of university students. The Regulations on Religious Affairs of the XUAR state, “Minors shall not participate in religious activities. No organization or individual may organize, induce or force minors to participate in religious activities.” Minors are also prohibited from entering religious venues. Multiple provinces send letters instructing parents that “teachers and parents should strictly enforce the principle of separation between education and religion and ensure that minors are not allowed to enter religious places, participate in religious activities, or to attend religious trainings.” Implementation of these rules, however, varies greatly across and within regions.

The law states job applicants shall not face discrimination in hiring based on religious belief.

On February 1, the Administrative Measures for Religious Groups went into effect. These measures comprise six chapters and 41 articles dealing with the organization, function, offices, supervision, projects, and economic administration of communities and groups at the national and local levels. The measures state that only registered groups may operate legally and stipulate that religious organizations must support the leadership of the CCP, adhere to the direction of Sinicization, and implement the values of socialism. Article 17 states that religious organizations shall “follow the path of socialism with Chinese characteristics, abide by laws, regulations, rules, and policies, correctly handle the relationship between national law and canon, and enhance national awareness, awareness of the rule of law, and citizenship.”

The country is not a party to the International Covenant on Civil and Political Rights (ICCPR). With respect to Macau, the central government notified the UN Secretary-General, in part, that residents of Macau shall not be restricted in the rights and freedoms they are entitled to unless otherwise provided for by law, and in case of restrictions, the restrictions shall not contravene the ICCPR. With respect to Hong Kong, the central government notified the Secretary-General, in part, that the ICCPR would also apply to the Hong Kong Special Administrative Region.

Police continued to arrest and otherwise detain leaders and members of religious groups, often those connected with groups not registered with the state-sanctioned religious associations. There were reports police used violence and beatings during arrest and detention. Authorities reportedly used vague or insubstantial charges, sometimes in connection with religious activity, to convict and sentence leaders and members of religious groups to years in prison.

Sources continued to report deaths in custody, enforced disappearances, and organ harvesting in prison of individuals whom authorities had targeted based on their religious beliefs or affiliation. There were reports that authorities tortured detainees, including by depriving them of food, water, and sleep. NGOs reported that some previously detained individuals were denied freedom of movement even after their release.

The Political Prisoner Database (PPDB) maintained by the human rights NGO Dui Hua Foundation counted 3,492 individuals imprisoned for “organizing or using a ‘cult’ to undermine implementation of the law.”

In December, Bitter Winter reported that according to a government source, the Central Political and Legal Affairs Commission issued a confidential document in September ordering a nationwide, three-year crackdown on the CAG. The campaign outlined three main goals: “To destroy the Church’s system domestically completely, to substantially downsize its membership by preventing church activities and blocking new members from joining, and to curb the development of the church abroad.” Bitter Winter reported increased arrests of Church members following the issuance of this document, including 71 arrests in Xuzhou City, Jiangsu Province, in September and 160 arrests in Nanyang City, Henan Province, on November 10 alone.

According to the annual report released by the CAG, during the year, at least 42,807 church members were directly persecuted by authorities, compared with 32,815 in 2019. The report stated that authorities harassed at least 35,752 church members (at least 26,683 in 2019), arrested 7,055 (6,132 in 2019), detained 4,045 (4,161 in 2019), tortured or subjected to forced indoctrination 5,587 (3,824 in 2019), sentenced 1,098 (1,355 in 2019), and seized at least RMB 270 million ($41.3 million) in church and personal assets. At least 21 church members died as a result of abuse or persecution (19 in 2019). The 21 included four who died as a result of physical abuse or forced labor, three who committed suicide as a result of authorities surveilling and pressuring them to renounce their faith, and four who died of medical complications during or following their detention.

According to the CAG annual report, in August, a woman named Qin Shiqin died in custody in Shandong Province 10 days after her arrest. Facial swelling and blood in the corners of her mouth could be seen on her remains. A 71-year-old woman identified as “Xiang Chen” died in prison in Sichuan Province while serving a three-year sentence because of her faith. Her remains appeared emaciated, her face was swollen and bruised, and a scar was visible under her nose. A man named Zou Jihuang died in custody in Hubei Province of liver cirrhosis. Zou had been arrested in 2017. During his imprisonment, he had developed a liver condition for which he was denied medical treatment, beaten, and forced to perform hard labor. In Shaanxi Province, a 77-year-old woman named Yang Fengying committed suicide after police went to her home multiple times over the course of three years to intimidate and threaten her.

According to the CAG annual report, at least 847 CAG members were arrested between February and April, many of whom were apprehended as a result of the CCP’s antipandemic household checks or at identity card checkpoints. Police extracted information on the church from these individuals through physical abuse, such as administering electric shocks and handcuffing them painfully, with one arm over a shoulder and one twisted up from below.

Media reported authorities used measures for preventing the spread of COVID-19, including facial recognition software and telephone tracking, to identify and arrest members of unregistered or banned religious groups. The government installed surveillance cameras outside unregistered churches during the pandemic. According to media reports, the government conducted door-to-door household inspections, during which they identified and arrested members of banned religious groups. One CAG member said she hid under the bed every time officials came for an inspection. A government employee in Shandong Province said his superiors ordered him to search for nonlocal tenants, particularly members of banned groups, such as the CAG and Falun Gong.

In May, Bitter Winter reported the political and legal affairs commission of a locality in northeastern China released a document stating the CCP had established “a stability maintenance mechanism” targeting religious groups, among other individuals and groups, that the government determined posed “a danger to social stability” during the pandemic.

Bitter Winter reported that between February and March, authorities used COVID-19-related mandatory identification checks and home inspections to arrest 325 CAG members. In February, authorities arrested two church members during an identification check, searched their home, and confiscated RMB 45,000 ($6,900) of church valuables. During interrogation, officers reportedly placed a plastic bag over the head of one of the Church members and beat him. They also strapped him to a “tiger bench” with his body tied in a stress position and shocked him with an electric baton. According to Bitter Winter, another church member was arrested when a pandemic inspection team that included community representatives, health personnel, and police officers came to his home. During his interrogation, officers reportedly covered his mouth with a plastic bag and hit him on the face with a desk calendar, stepped on his feet, beat his calves with an iron rod, and forced him to hold a live electric baton.

According to Minghui, police arrested 6,659 Falun Gong practitioners and harassed 8,576 practitioners during the year for refusing to renounce their faith, compared with 6,109 arrested and 3,582 harassed in 2019. The arrests occurred throughout the country. Hebei, Heilongjiang, Shandong, Jilin, Sichuan, and Liaoning were the provinces where the highest number of practitioners were targeted. Those arrested included teachers, engineers, lawyers, journalists, authors, and dancers. Minghui stated individuals were tortured in custody. Minghui also reported that authorities sentenced 622 practitioners to prison throughout the country during the year. The sentences ranged from three months to 14 years, with the average sentence being three years and four months.

Minghui reported that during the year, 83 individuals from 20 provinces and centrally controlled municipalities died due to being persecuted for being Falun Gong practitioners. Some individuals died in custody as a result of physical abuse, including being deprived of sleep and food, forced into stress positions, and denied proper medical attention. Others died shortly after being released on medical parole. On May 13, authorities in Yuzhou City, Henan Province, arrested Zhang Zhiwen for distributing Falun Gong materials the previous August. Zheng’s husband attempted to bring her clothes and insulin for her diabetes, but authorities refused to accept the items, saying they would provide her medication. Zheng died in custody on May 17 and authorities sent the body directly to a funeral home without notifying her husband. Falun Gong practitioner Li Ling of Dazhangjia Village, Penglai City, Shandong Province, died on July 13 after reportedly being severely beaten following her arrest on June 28. Village authorities forced her family to cremate her remains on the same day. According to her family, her face was deformed, and she was covered in bruises. The village’s CCP secretary and a group of paramilitary soldiers took Li from her home on June 28 after a fellow villager reported seeing her with dozens of Falun Gong booklets.

According to Minghui, on September 22 and 23, authorities in Harbin City, Heilongjiang Province, arrested 27 Falun Gong practitioners and three family members who were not practitioners, and confiscated books, laptops, printers, money, photographs of Falun Gong’s founder Li Hongzhi, and other personal items. Authorities harassed eight other practitioners within days of the arrests. One practitioner returned home to find police ransacking her home. They confiscated books on Falun Gong and arrested the woman along with her husband, who was not a practitioner. Following a group arrest of Falun Gong practitioners in Changchun City, Jilin Province, in July, police beat one practitioner, hit his head against the wall, and dragged him around on the concrete floor. He suffered severe injuries to his knees as a result.

According to Bitter Winter, on May 18, authorities assaulted several individuals who were protesting the demolition of a Buddhist temple in Shucheng County, Anhui Province, that authorities declared was “a dilapidated building.” Police beat one woman for filming the scene. A witness said, “Three officers pressed her to the ground, hitting her collarbones until she lost consciousness, and the phone was destroyed.” Police injured a monk in his 70s for waving his walking stick at authorities and accused him of “assaulting the police.”

In March, the U.S.-based NGO Victims of Communism Memorial Foundation (VOC) released a report, Organ Procurement and Extrajudicial Execution in China: A Review of the Evidence. In the report, VOC stated that Falun Gong practitioners and Uyghur Muslim prisoners of conscience were the most likely source of organs for sale in the country’s organ-transplant market. A related series of articles published during the year examining the country’s organ transplantation system questioned the plausibility of official government statistics about the sourcing of transplant organs, stating there was an overlap between medical personnel performing organ transplants and individuals involved in the anti-Falun Gong campaign.

On March 1, the China Tribunal, an independent tribunal established by the Australia-based NGO International Coalition to End Transplant Abuse in China, released its Full Judgment on the conditions of organ harvesting in the country. The report was a fuller account with appendices of the evidence the nongovernmental group had drawn on and methodology it had used to reach conclusions contained in its Short Form Conclusions and Summary Judgment report issued in June 2019. In the Full Judgment report, the group included accounts by individuals, including medical personnel, who stated they were eyewitnesses to abuses, including from medical personnel, and other evidence that documented what the NGO determined to be a decades-long and ongoing state-run program of forced organ harvesting from prisoners of conscience, principally Falun Gong practitioners. The Full Judgment report also contained eyewitness accounts from Falun Gong and Uyghur individuals of involuntary medical examinations, including x-rays, ultrasounds, blood tests, and DNA tests.

According to the Epoch Times, a Falun Gong-affiliated news organization, on August 2, authorities broke into the home of a Falun Gong practitioner, pinned her down, and forcibly took a sample of her blood, telling her it was “required by the state.” One officer shouted, “The law does not apply to you. We’re going to wipe you all out.” The Epoch Times stated that dozens of other practitioners across the country reported similar incidents. On July 22, authorities in Gaomi County, Shandong Province, arrested and took blood samples from 46 practitioners. An attorney familiar with the cases said the blood sampling did not appear to be a routine physical checkup but rather was illegally “collecting people’s biological samples.”

According to the CAG annual report, harassment of members included the collection of biological data, such as blood samples and hair.

In April, Bitter Winter reported instances in which individuals were held against their will in psychiatric hospitals for extended periods of time for practicing their religion. According to a staff member in a psychiatric hospital in the Guangxi Zhuang Autonomous Region, it was hospital practice to begin “treatment” of CAG members as soon as they were brought in, without any tests or examination. According to a member of the Church from Tianmen City, Hubei Province, who spent 157 days in a psychiatric hospital, “A doctor told me that because of my faith, I was a mental patient, and there was no need for further tests.” Nurses threatened to tie her up if she refused to take medication. One former patient said two doctors pressed her down on a desk and shocked her on the back, hands, and feet with an electric baton to force her to take medication. During the month she was in the hospital, doctors administered six electroshock treatments, causing her to suffer memory loss and numbness in her limbs. She said doctors threatened that her son’s job would be negatively affected if she continued to practice her faith.

International religious media outlets and human rights groups reported that local authorities in several districts around the country continued to award compensation to police officers for arresting religious practitioners from certain groups or confiscating donation money. Conversely, local officials were allegedly disciplined if they did not meet a certain quota for arrests of religious practitioners each month. For example, a government employee from Sanmenxia City, Henan Province, told Bitter Winter the municipal government issued arrest quotas for CAG members to subordinate localities, leading to the arrest of 211 individuals. In Jiangxi Province, the police arrested 116 CAG members and confiscated RMB 378,000 ($57,800) of church and personal assets. Minghui reported police received an unknown amount of bonus pay for each Falun Gong practitioner arrested.

According to Radio Free Asia (RFA), authorities raided the homes of and arrested at least eight members of the Early Rain Covenant Church (ERCC) during an online worship service on April 12, Easter Sunday. A pastor and a deputy deacon were among those arrested. According to the NGO International Christian Concern (ICC), authorities continued to harass members in the weeks following the raid. On April 24, authorities took Church member Ran Yunfei to a police station shortly before he was scheduled to speak in an online service. He returned home later that same day. The NGO ChinaAid reported police summoned Ran again in November in connection with his participation in another online religious seminar.

The ICC reported that on May 23, authorities arrested a pastor from the Nanjing Road Church in Wuhan, Hebei Province, during an online evangelism event in which he was taking part. They interrogated him for approximately five hours before releasing him.

According to Bitter Winter, in February, police arrested 13 members of the Born Again Movement, also called the All Sphere or All Range Church, in Huai’an City, Jiangsu Province. Five of the members arrested were elderly and suffered from various illnesses. Police released the five after protests from their relatives but forced them to sign statements promising to stop their church activities. Police also came to the home of another church member who hosted church gatherings at her home and threatened to arrest her if she did not stop doing so. They said three generations of her descendants would be unable to take college entrance examinations, enroll in the army, or become public servants if she did not stop. The officers took samples of her blood and prints of her fingers and palms.

According to AsiaNews.it, on April 2, authorities took Zhao Huaiguo, founder and pastor of the Bethel Church in Cili County, Hunan Province, from his home and arrested him on a charge of “inciting subversion against state power.” Police returned to his apartment on April 15 to confiscate books, Bibles, and photocopies of books as evidence of “illegal trade” in books. His wife said he was likely arrested because he spoke to foreign news agencies about COVID-19 and had not affiliated his church with the TSPM church. ChinaAid reported the Zhangjiajie Intermediate Court tried Zhao in October for “inciting subversion of state power,” and prosecutors recommended an 18-month sentence.

In May, the ICC reported that authorities transferred Pastor Wang Yi of the ERCC from Chengdu City Detention Center to a prison in an unknown location. In December 2019, Wang had been sentenced to nine years in prison. According to the ICC, since his arrest, authorities had denied Wang’s parents the ability to visit him, either in person or virtually, despite their having the legal right to do so, and Wang’s wife and child were living in an unknown location under surveillance.

At year’s end, the whereabouts of Gao Zhisheng remained unknown, although media reported it was believed he remained in the custody of state security police. In September 2017, police had detained Gao, a human rights lawyer who had defended members of Christian groups, Falun Gong practitioners, and other groups. In September, the NGO Jubilee Campaign submitted a written statement to the 45th regular session of the UN Human Rights Council calling for the government to “release unconditionally and with immediate effect all political and religious prisoners of conscience, including lawyer Gao Zhisheng.” Gao’s daughter, Geng Ge, submitted a video statement to the council, stating, “As of today, I don’t know if he’s alive or not.”

In October, ChinaAid reported that since July, police in Zhaotong City, Yunnan Province, had threatened and harassed Pastor Wang Hai of the Trinity Church and his wife and detained other church leaders and members of Wang’s extended family. Wang said authorities had targeted the Church because its members belonged to the ethnic Miao minority and were Christian. He said that due to the ongoing harassment, church attendance had dropped from 100 worshippers to only a handful who attended Sunday services.

AsiaNews.it reported that on September 1, authorities from the Religious Affairs Bureau in Fujian Province arrested Rev. Liu Maochun, an underground priest of the Mindong Diocese, and held him incommunicado for 17 days to pressure him to join the CCPA. At least 20 underground priests in the region faced similar pressure from the religious affairs bureau, according to AsiaNews.it.

According to RFA, on April 19 and May 3, several dozen state security police and officials from the local religious affairs bureau raided worship services at Xingguang Church, an unregistered church in Xiamen City, Fujian Province. Church pastor Yang Xibo told RFA the congregation was targeted for refusing to join the state-sanctioned TSPM. According to multiple international press reports and mobile phone videos that Church members posted to Twitter, authorities forcibly entered a private residence in which Church members were holding a worship service, without a warrant or showing any form of identification. Authorities seized several congregants and tried to drag them out, injuring three; they detained at least nine members, releasing them approximately 12 hours later. According to RFA, authorities raided Xingguang Church again on June 11, taking away furniture and other church belongings, but did not arrest anyone. ChinaAid stated authorities broke into church members’ homes on July 22, destroying and removing property.

In January, RFA reported that authorities in Jinan City, Shandong Province, arrested Hui Muslim poet Cui Haoxin, known by his pen name An Ran, for Twitter posts in which he criticized the government for the imprisonment, surveillance, and persecution of Muslims in Xinjiang and throughout the country. He was held on suspicion of “picking quarrels and stirring up trouble.” According to RFA, this charge was “frequently leveled at peaceful critics of the ruling Chinese Communist Party.”

The Falun Dafa Information Center, a Falun Gong rights advocacy group, reported authorities in Beijing detained at least 40 persons ahead of the annual meetings of the National People’s Congress and the Chinese People’s Political Consultative Conference on May 22. Sources said police also harassed practitioners and searched their homes and that police told the individuals they were taking the actions because of the upcoming political meetings. On April 21, police forcibly entered the home of Wang Yuling by prying open her window. They ransacked the house and confiscated books and printed materials related to Falun Gong, as well as a printer and computer. They took Wang and her daughter into custody. On April 27, authorities forcibly entered the home of Yang Yuliang, searched it, and confiscated Falun Gong books and photographs of Falun Gong’s founder. They held Yang and his daughter, Yang Dandan, in custody for three days.

There continued to be reports of government officials, companies, and education authorities pressuring members of house churches and other Christians to sign documents renouncing their Christian faith and church membership. Media reported the government threatened to withhold social welfare benefits and to retaliate against family members. The NGO CSW stated authorities instructed schools to report the religious beliefs of students and staff.

Bitter Winter reported that on November 1, the government began the seventh national population census, collecting a broad range of personal and household data, including individuals’ identification numbers. According to several census takers, although there were no questions about religion on the census questionnaire, they were instructed when visiting people’s homes to pay attention to religious materials and symbols and to ascertain if the home was being used as a private religious venue. In one case, when five census takers entered a home in Zhengzhou City, Henan Province, they saw a Bible and asked the residents if they were Christian. They determined the home was being used as a house church and ordered the residents to stop hosting gatherings. A census taker in Yantai City, Shandong Province, said local police told him and his colleagues to report any households with images associated with Falun Gong. A census taker in Heze City, Shandong Province, said he was ordered to report to police any person who did not allow him inside the home, because refusal might indicate the person held religious beliefs or hosted unauthorized religious gatherings.

According to the ICC, on October 11, police arrested Elder Li Yingqiang of the ERCC in Chengdu City, Sichuan Province, just before the church began an online service. During the arrest, police also threatened Li’s two young children. Police also arrested another church member, Jia Xuewei, and interrogated him for several hours about ERCC’s recent spiritual retreat and the worship that was about to take place. Both were released later that day. An ERCC member told the ICC that authorities likely detained Li and Jia to prevent the online service from taking place. According to the source, police told Li he would be taken from his home every week and that they would target his children if he posted about his experience online.

According to Bitter Winter, during the year, authorities in several provinces investigated the personal backgrounds of civil servants, hospital staff, teachers, students, and the family members of each to determine their religious status. In May, the Education Bureau of Jinan City, Shandong Province, required some primary and secondary schools to determine if any of their teachers, students, or their family members were religious.

There continued to be no uniform procedures for registering religious adherents. The government continued to recognize as “lawful” only those religious activities it sanctioned and controlled through the state-sanctioned religious associations. Only government-accredited religious personnel could conduct such activities, and only in government-approved places of religious activity.

SARA continued to maintain statistics on registered religious groups. According to 2014 SARA statistics (the latest available), more than 5.7 million Catholics worshipped in sites registered by the CCPA. The April 2018 white paper by the State Council Information Office (SCIO) stated there were approximately 144,000 places of worship registered for religious activities in the country, among which 33,500 were Buddhist temples (including 28,000 Han Buddhist temples, 3,800 Tibetan Buddhist monasteries, and 1,700 Theravada Buddhist temples), 9,000 Taoist temples, 35,000 mosques, 6,000 CCPA churches and places of assembly spread across 98 dioceses, and 60,000 TSPM churches and places of assembly.

The 2018 SCIO white paper stated that by 2017, there were 91 religious schools in the country approved by SARA: 41 Buddhist, 10 Taoist, 10 Islamic, 9 Catholic, and 21 Protestant. Students younger than 18 were barred from receiving religious instruction. This report also stated there were six national-level religious colleges. Although there were two CCPA seminaries in Beijing, civil society sources said they regarded one of these institutions to be primarily used as CCPA propaganda for international visitors. The SCIO report also estimated there were more than 384,000 religious personnel in the country: 222,000 Buddhist, 40,000 Taoist, 57,000 Islamic, 57,000 Protestant, and 8,000 Catholic.

The government continued to close down or hinder the activities of religious groups not affiliated with the state-sanctioned religious associations, including unregistered Protestant, Catholic, Muslim, and other groups. At times, authorities said the closures were because the group or its activities were unregistered or, at other times, because the place of worship lacked necessary permits. Some local governments continued to restrict the growth of unregistered Protestant church networks and cross-congregational affiliations. Authorities allowed some unregistered groups to operate but did not recognize them legally. In some cases, authorities required unregistered religious groups to disband, leaving congregants from these groups with the sole option of attending services under a state-sanctioned religious leader. According to Union of Catholic Asian (UCA) News, Article 34 of the new Administrative Measures for Religious Groups regulation, which governs money and finances, if enforced, “will halt the activities of house churches, dissident Catholic communities, and other unregistered religious bodies.”

International media and NGOs reported the government continued to carry out its 2019-2024 five-year nationwide campaign to “Sinicize religion” by altering doctrines and practices across all faith traditions to conform to and bolster CCP ideology and emphasize loyalty to the CCP and the state. The CCP’s Administrative Measures for Religious Organizations, promulgated in February, further formalized the administrative procedures for Sinicizing all religions.

The five-year plan to promote the Sinicization of Christianity called for “incorporating Chinese elements into church worship services, hymns and songs, clerical attire, and the architectural style of church buildings,” and it proposed to “retranslate the Bible or rewrite biblical commentaries.” According to Bitter Winter, on April 13, the UFWD in Zibo City, Shandong Province, issued an order calling on religious groups and clergy to write essays on their “love for the country and the Communist Party.” A Catholic dean in Zibo said that on April 16, a religious affairs bureau official told him to study Xi Jinping Thought and the 19th National Congress of the CCP for an examination he would have to take later. On February 18, the Shenyang Religious Affairs Bureau in Liaoning Province issued a notice that the city’s religious groups should hold events to advance Xi Jinping’s policies. On April 14, the TSPM in Fujian Province issued a document stating, “Posters promoting the core socialist values shall be posted in prominent positions in all church venues. Clergy members should highlight the core socialist values in their sermons and use important festivals, major events, and other occasions to interpret and publicize the core socialist values, so that they are inserted into believers’ minds, their Sunday worship services, and daily lives.” Local government authorities reportedly threatened to close churches whose clergy refused to help spread government propaganda.

According to Bitter Winter, the government regularly pressured clergy to incorporate government messages into sermons. Following President Xi’s call in August to curb food waste in the country, two Chinese Christian Councils of Quanzhou, Fujian Province, demanded all TSPM churches integrate the president’s ideas into their sermons, so that “the policy reaches everyone in society.” In response, some clergy members reportedly integrated the president’s exhortation into the Biblical story about Jesus feeding 5,000 people with five loaves and two fish.

Media reported that throughout the year, crackdowns on some churches with foreign ties intensified significantly throughout the country. Many religious groups faced comprehensive investigations that included checking their background, organizational setting, membership, online evangelism, and finances. Following investigations, authorities shut down hundreds of churches that were reportedly unregistered or whose registration had not been updated under the new regulations. In late 2019, the Jilin Province Religious Affairs Bureau issued a document calling for investigations of churches related to or funded by overseas religious groups and blocking their activities online, and it began implementing these measures during the year. In Shandong Province, national security officers interrogated a house church pastor in February for evangelical activities abroad.

The government media outlet Xinhua reported that in September, UFWD vice head and SARA director general Wang announced that in the previous 70 years, through the development of the TSPM, foreign influence and control had been completely eliminated from Christianity in the country.

On May 29, the Hainan Buddhist Association held a training session for Buddhist professionals and monks across the province. The training included advising monks on how to implement religious Sinicization, Xi Jinping’s remarks at the National Religious Work Conference, and the religious affairs regulations.

The BAC-affiliated Buddhist website AmituofoCN.com reported that on April 16, approximately 50 religious workers, including monks, pastors, imams, and other clergy from the five officially recognized religions, attended a mandatory training program organized by the Hainan Province UFWD, the Hainan Academy of Social Sciences, and the Hainan Party School. Participants studied the principles of the 19th National Congress of the CCP, Chairman Xi’s April 13, 2018, speech commemorating the 30th anniversary of the creation of the Hainan Special Economic Zone, and the Regulations on Religious Affairs. Hainan UFWD deputy director general Liu Geng in his opening remarks told the religious professionals to “make full use of religion to promote social harmony.” According to AmituofoCN.com, on May 29, the Hainan Buddhist Association organized another training session for clergy, teachers, and religious workers from various temples in the province. Song Xinghe, an official in the Hainan UFWD Religious Affairs Bureau, gave a lecture entitled, “Insistence on the Sinicization of Religion.”

According to Gospel Times, a Chinese Christian news website, from July 15 to 17, the Guangdong TSPM held a training session for 98 clergy to study new regulations and promote Sinicization in Guangdong Province. An associate professor from Jinling Union Theological Seminary gave a lecture on TSPM and the Sinicization of Christianity. Government officials also gave a lecture on “anticult” measures.

According to Bitter Winter, in some parts of the country, local authorities regularly reviewed sermons of TSPM pastors to ensure they were consistent with CCP ideology and contained praise for government leaders. The publication reported that on July 20, the Dandong City Religious Affairs Bureau in Liaoning Province required TSPM clergy to participate in a sermon competition on the Sinicization of religion. The clergy were told to prepare sermons by “looking for elements in the Bible that are relevant to the core socialist values and traditional Chinese culture,” in conformity with “the progress of the times.” One clergy member told Bitter Winter that only competition participants would pass the annual review to receive a clergy certificate.

In August, a conference to study the new civil code and volume three of Xi Jinping on Governance was held at the Guangxiao Buddhist Temple, organized by the Guangdong Buddhist Association. Approximately 800 leaders of all religious groups in Guangdong Province attended in-person and virtually.

The state-owned China News Service reported that on December 1, SARA director general Wang delivered remarks at the 10th National Congress of the BAC. Wang called on the BAC to “pursue political progress toward the adherence of Sinicization of Buddhism” to ensure Buddhist content was suitable for “contemporary social development.”

From August 10 to16, the Gansu provincial UFWD held what it described as the first round of training for Gansu Province’s main Islamic clerics and the directors of temple management committees at the Lanzhou Islamic Institute. A UFWD press release stated the training was intended to direct the Sinicization of Islam, promote the statement of CCP principles, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and “increase political literacy, all while highlighting policies and regulations, history and culture, and national and provincial conditions through the lens of patriotic education.”

In November, National Public Radio (NPR) reported that an Islamic scholar in the northwestern part of the country said of Muslim community leaders, “There are no imams who dare to speak out. You can renounce your state-given imam certification and leave the mosque in order to speak out – but then you can be sure you will be constantly monitored.”

On October 13, the state-owned China National Daily News reported the Hubei Provincial Islamic Association released an outline for implementing the “five-year plan for Hubei Province to adhere to the Sinicization of Islam in China (2018-2022).” According to the article, measures to implement the plan included “strengthening political identity,” studying the works of Xi Jinping, studying the Regulations on Religious Affairs, and guiding imams to interpret the scriptures in accordance with “Chinese traditional culture and the core values of socialism.”

China News Service reported that on November 28, the 10th National Congress of the Chinese Taoist Association was held in Jurong, Jiangsu Province. In addition to passing a code of conduct for Taoist teachers, the congress elected Li Guangfu as the new Taoist Association chairman. Li stated that Taoism should “adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics in the New Era” and “adhere to the Sinicization of Taoism.”

Media reported in September that Catholics in the country protested the distorted retelling of a Bible story in a textbook the government-run University of Electronic Science and Technology Press published to teach “professional ethics and law” in secondary vocational schools. In the original biblical story from the Gospel of John, Jesus forgave the sins of a woman who committed adultery and prevented a crowd from stoning her to death. In the textbook, Jesus disperses the crowd, but he says to the woman, “I, too, am a sinner. But if the law could only be executed by men without blemish, the law would be dead,” and he then proceeds to stone her to death himself. According to UCA News, Catholic critics said the authors of the textbook “want to prove that the rule of law is supreme in China and such respect for law is essential for a smooth transfer to socialism with Chinese characteristics.”

Sources told media that authorities in Ningxia Hui Autonomous Region in north-central China, home to a majority of Hui Muslims, prevented public calls to prayer and banned sales of the Quran. Authorities also prohibited news broadcasts from showing images of pedestrians wearing skull caps or veils.

During the year, authorities reportedly pressured churches to display banners with messages of political ideology, recite the national anthem before singing Christian hymns, and engage in other acts demonstrating loyalty to the CCP over the church. In a press release on October 1, the anniversary of the founding of the PRC, Pastor Wang Qingwen, senior pastor of Jinghe New City, Shaanxi Province, called on six Christian churches in the city to “unswervingly adhere to the three-self patriotic principle of teaching and strive to promote the theological construction of the Sinicization of Christianity.” In the press release, Wang urged churches to continue to adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and to “hold high the banner of patriotism.”

In December, the Jerusalem Post reported there were approximately 100 practicing Jews among the 1,000 individuals with Jewish ancestry in Kaifeng, Henan Province. Lacking access to the Torah, they used Christian Bibles containing the Old Testament. Members of the community said they worried about government crackdowns on religion and had to celebrate Hanukkah and hold other gatherings in secret. One community member said, “Every time we celebrate, we are scared.”

In December, Bitter Winter reported that authorities placed pastors of house churches and dissident Catholic priests under arrest to make sure they would not lead Christmas celebrations in churches or private homes. According to the publication, in Xiamen, Fujian Province, police stopped a group of Christians from singing Christmas songs at a mall, even though they had been invited to perform there. Authorities fined a Christian in Lushan County, Henan Province, RMB 160,000 ($24,500) for gathering people to pray and sing Christmas songs. The NGO Human Rights Defenders reported there was pressure on schools across the country to teach children that Christmas should not be celebrated and that gifts should not be exchanged. According to the NGO, the government gave permission for “spontaneous” street demonstrations by people carrying banners reading “Christmas, Get out of China.”

The government labeled several religious groups as “cults” (xie jiao – literally “heterodox teachings”), including the CAG, the Shouters, the Association of Disciples, and the All Sphere Church. The government also continued to ban certain groups, such as Falun Gong, which it classified as an illegal organization. In July, Bitter Winter reported that several provinces had introduced measures that encouraged individuals to report on members of what it called “cults,” which carried a penalty of between three and seven years’ imprisonment. According to the CAG’s annual report, authorities harassed and threatened with imprisonment more than 8,400 Church members across the country who refused to sign statements renouncing their faith. In Shandong Province, those who reported on suspected “cult” members could receive up to a RMB 2,500 ($380) award, while Hainan Province offered awards up to RMB 100,000 ($15,300). Guangdong Province, Inner Mongolia Autonomous Region, and Nanjing City introduced similar measures. Actions by cults to be reported included using the internet to produce or disseminate religious materials; producing or disseminating religious leaflets, pictures, slogans, newspapers, and other publications; and hanging religious banners and posters in public places. Sources told Bitter Winter the campaign against xie jiao was ubiquitous throughout the country. Bitter Winter posted photographs of a park in Yuchen County, Shangqiu City, Henan Province, that contained multiple large red banners with anti-xie jiao messages.

The government reportedly discriminated in employment against members of religious groups it labeled as cults and prevented government employees from participating in religious activities. Faluninfo.net reported that in June, a police supervisor in Yuzhou City, Henan Province, fired Falun Gong practitioner Zha Zhuolin from the force for refusing to write a statement denouncing the group. According to Zha, the supervisor, Xu Wang, said, “The first rule for a police officer is to be loyal to the [Chinese Communist] Party.”

Media reported that in Guangzhou, pandemic-control volunteers delivered anti-xie jiao brochures, along with facemasks and hand sanitizer, to residents at the height of the COVID-19 pandemic, then broadcast anticult propaganda when an industrial park reopened in April.

According to media, police and local religious affairs bureau officials raided the Dongguan Branch of Guangzhou Bible Reformed Church on the evening of August 21 when more than 10 adherents were holding a Bible study session. Police accused the attendees of “spreading heterodox teachings” and detained three individuals. Two were released shortly, but the minister, Yang Jun, was detained until the next day on a fraud charge.

According to Bitter Winter, the government responded to protests against school reform in the Inner Mongolia Autonomous Region by blaming the unrest on banned religious groups, such as Falun Gong, or groups it labeled cults, such as the CAG. On August 28, the region’s Anticult Association launched “Prevention of Xie Jiao Propaganda Month.” Activities during the month included holding events, distributing brochures, and teaching “all ethnic groups in Inner Mongolia to guard against xie jiao.”

In October, CSW reported that some ethnic minority villages had established “village rules” to allow villagers to isolate and target Christians. According to CSW, in September, village authorities in Huang Fei Village, Yingjiang County, Yunnan Province, issued a notice stating that the traditional faith of the Dai community was Buddhism and that Christianity was an “evil cult.” The notice announced that anyone who violated the rules of the village “by believing in Jesus Christ and other sects” would have to pay a financial penalty to the community. CSW stated that individuals on social media reported the Li community in Hainan Province had also imposed a financial penalty on persons believing in Christianity.

From January to June or July, the government closed venues throughout the country, including religious venues, and prohibited mass gatherings due to the COVID-19 pandemic. Bitter Winter reported, however, that authorities allowed Taoist temples displaying Mao Zedong images to stay open throughout the lockdown. Sources told Bitter Winter that people worshiped at the Arhat Temple in Zhumadian City, Henan Province, throughout the lockdown because it had a Mao Zedong wall painting. The director of the Chinese National Ancestors’ Temple in Shanqui City, Henan Province, said authorities allowed his temple to remain open during the pandemic because it had a Mao Zedong statue.

Media reported authorities tried to stop many religious groups congregating or holding services online during the COVID-19 lockdown. On February 23, Shandong Province’s two state-run Christian organizations, the TSPM and the Chinese Christian Council, issued a notice prohibiting live streaming of religious services. A former TSPM pastor from Jiangxi Province told Bitter Winter that in early February, police shut down a chatroom he was using for a religious gathering. The ICC reported that on August 11, the local religious affairs bureau in Yunnan Province fined Zhang Wenli of the Chinese Christian Fellowship of Righteousness RMB 20,000 ($3,100) for conducting unauthorized online Bible study. A TSPM pastor in Binzhou City, Shandong Province, told Bitter Winter in April that the government blocked the link he shared with his congregation on WeChat, a Chinese social media application. A house church director in Qingdao City, Shandong Province, live-streamed a church service on YY, a video-based social network, but the service was suspended less than half an hour into the broadcast. An imam in Shenyang City, Liaoning Province, reported that shortly after he discussed Islamic festivals on a social media platform, police blocked his account. A local government official in Liaoning Province was summoned by his superiors in March for attending an online service of a South Korean church. They forced him to uninstall the app that allowed him to join the service.

In June, AsiaNews.it reported that although the government had begun allowing churches to reopen, the bureaucratic process and conditions for reopening made doing so difficult. A priest in central China said these conditions included getting permission to reopen from the village, city, and provincial governments and meeting strict sanitation requirements. The priest said, “Religion does not seem to belong to us; it belongs to the [Chinese Communist] Party.” The Catholic News Service reported authorities in Zhejiang Province issued a notice on May 29 stating that priests were required to “preach on patriotism” as a condition for resuming in-person services. Bitter Winter reported in June that authorities in Zhejiang Province required churches to praise the government’s efforts to fight the COVID-19 pandemic and to pray for “national economic and social development,” “attainment of the great rejuvenation of the Chinese nation,” and “promotion and realization of human destiny community,” all of which were President Xi Jinping’s political slogans.

According to Bitter Winter, in July, before the government had begun to lift lockdown restrictions and reopen religious venues in Nanyang City, Henan Province, the city’s religious affairs bureau ordered several folk religion temples to remove religious books and incense burners. Government authorities inspected the Taoist Jade Emperor Temple three times in August. As a condition for reopening the venue, officials ordered the temple to burn scriptures and expel a nun who lived on the premises. The temple remained closed, however, even after meeting these conditions.

In December, Bitter Winter reported that authorities, citing the COVID-19 pandemic, took measures to stop Christians from gathering for Christmas celebrations, although it allowed some musical, cultural, and political events to take place. On Christmas Day, riot police blocked the entrance to the Catholic Cathedral of the Savior in Beijing (also known as the Xishiku Church), saying religious gatherings were cancelled due to the pandemic. A large Christmas tree was used to block the entrance to St. Joseph’s Church in Beijing, and signs were also posted there saying gatherings were cancelled due to COVID-19.

According to Bitter Winter, officials placed arbitrary restrictions on Catholic churches affiliated with the CCPA, closed facilities, and merged others without the congregations’ consent. Government officials in Linyi used a point system to determine whether a congregation should be merged, considering such factors as whether the congregation had more than 10 members or the facility was equipped with a blackboard, audio system, desks, and chairs.

According to Bitter Winter, on January 10, the local religious affairs bureau and the security bureau ordered Father Liu Jiangdong, a Catholic priest from the Church of the Sacred Heart in Zhengshou City, Henan Province, to leave the Zhengshou Diocese, which was affiliated with the CCPA. A source told Bitter Winter that government authorities had previously accused Liu of financial improprieties, suspended his priesthood certificate, and imprisoned him from October 2018 to December 2019. The source said Liu had in fact been imprisoned because he opposed removal of the cross from atop his church, formed a Catholic youth group, and allowed minors to attend religious services. A member of his congregation said that since Liu’s release, authorities had surveilled him, monitored his telephone calls, and locked him out of his residence. A churchgoer said authorities threatened to fine members of Liu’s former congregation up to RMB 200,000 ($30,600) if they sheltered him or invited him to hold Mass in their homes.

Media and human rights organizations reported that SARA issued a new requirement in October that only the IAC was permitted to organize Muslims’ pilgrimage trips. The new regulations stated that those who applied to join the Hajj must be “patriotic, law-abiding, and have good conduct,” have never before participated in the Hajj, and be in sound physical and mental health. They also had to be able to completely pay the costs associated with going on the Hajj and must oppose religious extremism. The new administrative measure was reportedly intended to “preserve religious freedom and the continued Sinicization of religion in the PRC.”

According to Bitter Winter, the municipal government of a city in Zhejiang Province issued a document in April that required authorities to increase “counterterrorism and stability maintenance measures” during Ramadan. The document instructed police to intensify surveillance of local Hui and other Muslims, especially during Friday prayers, the daily breaking of the fast, and other important Ramadan activities. It also instructed police to surveil ethnic minority visitors from Xinjiang by checking their documents and luggage, determining their whereabouts while in the city, and acquiring other information.

NPR reported in November that in the spring, police detained 14 men in Yiwu City, Central Zhejiang Province, because they had purchased Islamic books. They were subjected to weeks of questioning about their political views and online correspondence with Muslim intellectuals and Chinese Muslims overseas. According to a friend of one of the men detained, “The police had printed out the text records everyone had on WeChat with writers and publishers…Now the police say every time they travel, they have to report to [the police] beforehand when they are leaving and where they are going.”

Sources reported churches attended by foreigners continued to receive heavy scrutiny, as authorities forced them to require passport checks and registration for members to prevent Chinese citizens from attending “foreigner” services.

Bitter Winter reported that in April, authorities placed surveillance equipment, including facial recognition cameras, in at least 40 religious venues in Zhongwei City, Ningxia Hui Autonomous Region. Authorities also installed surveillance cameras in all Protestant and Catholic churches in Jinxiang County, Jinin City, Shandong Province. A deacon at one TSPM Church in Henan Province, where authorities had installed a surveillance camera in December 2019, said, “[Government officials] always know how many congregation members are in the church and what is said during sermons. We have to speak with caution at any time. If we disobey the government, our church will be shut down.” In March and April, authorities in a city in Zhejiang Province placed surveillance cameras outside the entrances of homes of seven members of the CAG. One church member reported she was told this was done for “theft prevention.”

In October, Bitter Winter reported that authorities in Jiangxi Province’s Poyang County, which has a large population of Christians, issued orders to install RMB one million ($153,000) in facial recognition cameras in all state-approved places of worship. According to the report, authorities installed approximately 200 cameras in more than 50 TSPM churches from July to September, and nearly 50 in 16 Buddhist and Taoist temples. A police officer stated the cameras were installed to monitor church members and sermons.

A Catholic source in the northeast part of the country told AsiaNews.it in July that government staff attended Sunday services to monitor activities and ensure children who were 18 or younger did not attend. The Grand Mosque in Hohhot, Inner Mongolia, displayed signs prohibiting children who were 18 and younger from participating in religious activity. According to one worshipper at the mosque, authorities said this was to allow young people to focus on their secular education.

Minghui reported that police in Nanjing, Jiangsu Province, intensely surveilled Falun Gong practitioner Ma Zhenyu, who had been released from Suzhou Prison on September 19 after completing his three-year sentence. While monitoring Ma, authorities intimidated his mother and other practitioners.

The Hong Kong-based South China Morning Post (SCMP) reported in September that authorities in Sanya City, in the island province of Hainan, took measures against the predominantly Muslim Utsul ethnic minority, which comprised approximately 10,000 members. They banned girls from wearing traditional dress, including hijabs and long skirts, in school. An Utsul community worker said the ban prompted fierce protests by students and their families and that it was temporarily lifted after hundreds of students wore hijabs in public and boycotted classes. Photographs and videos circulated on social media showed girls wearing hijabs and reading from textbooks outside their primary school while surrounded by police officers. According to the SCMP, Utsuls working in government or CCP bodies were told the hijab was “disorderly.” The restrictions followed a 2019 government-issued document, Working Document Regarding the Strengthening of Overall Governance over Huixin and Huihui Neighborhoods, which referred to the only two predominantly Utsul neighborhoods on the island. The document called for the demolition of mosques displaying “Arabic” features, the removal of shop signs saying in Chinese characters the words “Islamic” or “Halal,” and increased surveillance over the Utsul population.

According to Bitter Winter, from March to May, Islamic symbols and writings in Arabic were painted over or covered on signboards of 70 Hui-run businesses in Chuxiong, the capital of the Chuxiong Yi Autonomous Prefecture, Yunnan Province. According to some shop owners, officials from various state institutions, among them the public security bureau, urban management, and religious affairs bureaus, ordered them to remove the symbols from their signboards or replace them entirely. Otherwise, their business licenses would be revoked. A baker from the prefecture’s Lufeng County said that from December to May, Islamic symbols were removed from the signboards of 62 halal shops in the county. “The state is out of control, like during the Cultural Revolution…Hui men are not allowed to wear white caps and women, headscarves. Hui Muslims will disappear in two or three generations.” Local officials told shop owners that the order came from the central government and that the signboard-removal campaign was nationwide. According to one local resident in Songming County, Kunming Province, signboards on 176 Hui businesses were “Sinicized” between December 2019 and May. A restaurant owner said, “If we Hui people tried to argue with officials, they would call us rioters and arrest us on any trumped-up charge.”

The SCMP reported in September that new foreign teachers coming to the country had to attend a mandatory 20-hour training course of what the news source characterized as “political indoctrination covering China’s development, laws, professional ethics, and education policies.” According to the newspaper, the Hainan provincial public security bureau offered rewards up to RMB 100,000 ($15,300) for tips on foreigners who “engaged in religious activities without permission,” including teaching religion and evangelizing. One teacher said authorities installed a surveillance camera in his classroom to monitor his lessons.

The SCMP reported in September that many foreign missionaries were not allowed to return to the country after it partially lifted COVID-19 travel restrictions for foreign national residents. According to the Voice of America (VOA), in November, the Ministry of Justice published draft regulations requiring foreign worshippers wanting to host religious activities to apply for a permit and to demonstrate their groups were “friendly to China” in their country of origin. The regulations would ban Chinese citizens from attending any services organized by foreigners and would require those organizing religious activities to provide the names, nationalities, and visa status of those who would attend as well as a detailed program of the service, including which texts would be read, before authorities would grant permission. According to VOA, authorities said the new regulations were intended to stop foreigners from spreading “religious extremism” or using religion “to undermine China’s national and ethnic unity.” The draft regulation specified it would also apply to individuals from Taiwan, Hong Kong, and Macau.

Authorities continued to restrict the printing and distribution of the Bible, Quran, and other religious literature. The government continued to allow some foreign educational institutions to provide religious materials in Chinese, which were used by both registered and unregistered religious groups. During the year, however, many provinces conducted campaigns cracking down on “illegal religious publications” from unofficial distribution channels. The government-affiliated news outlet Meipian.com reported that in January, law enforcement officers inspected publication wholesale and retail locations, farmer’s markets, and “urban-rural junctions within their jurisdictions” looking for “illegal religious publications and illegal training courses of a religious nature.” The ICC reported that on March 24, the Zhongshan No. 1 District People’s Procuratorate in Guangdong Province charged Christians Liang Rurui and Zhu Guoqing with conducting illegal business operations that “seriously disrupted market order.” According to the ICC, authorities in Zhongshan City, Guangdong Province, had arrested them in November and December 2019, respectively, for printing 7,000 children’s Bibles. According to the human rights blog Weiquanwang (Rights Protection Network), on July 2, authorities arrested four Christians from the Life Tree Culture Communications Co., Ltd. – Fu Xuanjuan, Deng Tianyong, Han Li, and Feng Qunhao – on charges of “illegal business operations” for selling electronic audio Bible players, small handheld devices that allow the user to listen to (as opposed to read) Biblical text. According to Weiquanwang, the company had been legally established in 2011 in Shenzhen City, Guangdong Province.

Bitter Winter reported that on September 14, the education and environmental protection bureaus in Luoyang City, Henan Province, inspected a local printing house to determine whether it was publishing banned religious materials. The printing house manager said, “They checked my storehouse, scrutinized all records, and even looked at paper sheets on the floor, to see if they have prohibited content. If any such content is found, I’ll be fined, or worse, my business will be closed.” According to Bitter Winter, similar bans applied to photocopying businesses. One photocopy employee said, “I was told to report anyone who comes to copy religious materials.” Another said, “If we are not sure if a text is religious, we must keep its copy and report it to authorities.”

The ICC reported in September that the People’s Court of Linhai City in Zhejiang Province sentenced online Christian bookseller Chen Yu to seven years in prison and fined him for “illegal business operations,” allegedly for selling unapproved religious publications. Authorities first detained him in September 2019.

In July, Bitter Winter reported government restrictions on printing, copying, and mailing nonapproved Buddhist literature increased throughout the country. A source in Chifeng City, Inner Mongolia Autonomous Region, said authorities confiscated thousands of Buddhist books and compact discs from at least 20 stores in the region. One store owner said authorities confiscated more than 2,000 Buddhist books and materials from the store. Another shop owner said, “In the past, people would send me books and materials they printed themselves to distribute them for free, but nobody dares to do this now.” In March, police in Zhejiang Province forbade printing houses from fulfilling orders from venues not approved by the government. In June, authorities in Hulunbuir City, Inner Mongolia, banned copy centers from printing Buddhist and Christian materials. One copy shop owner said, “Government officials come every day to inspect computers and copy machines. If they discover that religious materials have been copied, I could be held legally accountable.”

Bitter Winter reported that in early September, police arrested a person in Jinan City, Shandong Province, who attempted to mail compact discs of sermons by Shenpo Sodargye, a Tibetan Buddhist master, to the more than 100 individuals in Weihai City, Shangdong Province, who had ordered them online. The names of the buyers were forwarded to local Weihai police, who summoned them for questioning.

According to Bitter Winter, during a meeting on Buddhism organized on July 31 by the Fuzhou City Religious Affairs Bureau in Jiangxi Province, authorities banned all temples in the city from keeping religious books from Hong Kong and Taiwan in the name of “preventing foreign infiltration.” The director of a Buddhist temple said, “The government controls all books on Buddhism; nothing that does not comply with the CCP ideology is allowed and is considered illegal. Only religious materials promoting the Party are permitted to be circulated.”

According to Bitter Winter, local authorities throughout the country continued to ban the sale and display of religious couplets (banners with poetry) traditionally displayed during Chinese New Year. Local authorities threatened to fine or imprison anyone caught selling them. One merchant in Luhe County, Guangdong Province, said, “We don’t carry religious couplets. Even if we had them, we wouldn’t dare sell them.” On January 19, three officials from Poyang County, Jiangxi Province, entered a TSPM church, took photos, and registered the personal information of those in the church. The officials distributed couplets praising the CCP and demanded they be posted. A government employee in Xinmi City, Henan Province, told Bitter Winter that in early March, municipal authorities ordered all town and township governments to conduct door-to-door inspections of households and shops looking for religious couplets. Inspectors were instructed to remove the couplets and cooperate with the public security bureau to ascertain where they had been produced. One shopkeeper said authorities threatened to close his business if he posted Christian couplets again.

Christian organizations seeking to use social media and smartphone apps to distribute Christian materials reported the government increased censorship of these materials. According to VOA, in October, ChinaAid stated that online censors removed the words “Christ” (jidu), “Jesus” (Yesu), and “Bible” (shengjing) from social media posts and replaced them with the initials “JD,” “YS,” and “SJ.” The word Christianity was replaced with “JD religion.” According to some scholars, Christians were replacing the words in texts themselves to avoid online censors who might block the posts.

In May, Bitter Winter reported authorities continued to dismantle Islamic architectural features and remove Islamic symbols from mosques throughout the country, and it published photographs from multiple locations showing construction workers taking down domes and minarets as well as before-and-after pictures. In Weizhou City, Ningxia Hui Autonomous Region, many of the more than 4,000 mosques in the city were remodeled or destroyed between 2018 and February 2020 as part of the government’s “de-Arabization and de-Saudization” campaign. Before-and-after photographs of the Weizhou Grand Mosque and other mosques showed that Chinese-style pagodas had replaced minarets and crescent moon symbols had been removed.

In late March, authorities removed the domes and star-and-crescent symbols from 17 mosques in Pingliang City, Gansu Province. A local imam said that before the removals, authorities forced imams to study “de-Arabization and de-Saudization policies as well as the promotion of religion ‘Sinicization.’” The imam said authorities threatened to revoke the credentials of imams who did not cooperate with removal of the symbols. Many mosques visible from major highways in Qinghai Province in September had replaced traditional Islamic minarets with more Chinese-looking structures or appeared to be in the process of doing so. Mosques with more traditional Han Chinese architecture, such as the Grand Mosque in Xining, Qinghai Province, remained unchanged and were highlighted in public tours by imams and other mosque representatives.

According to Bitter Winter, in January, authorities removed domes and star-and-crescent symbols from at least 10 mosques in Pingdingshan City, Henan Province. On March 18, amid the coronavirus lockdown, government-hired workers remodeled the roof of the Gongmazhuang Mosque in Zhengzhou, Henan Province, to make it look “more Chinese.” Authorities had removed domes and star-and-crescent symbols from the mosque in November 2019. In late March, the government ordered the removal of domes and star-and-crescent symbols from a mosque in Xiaoma Village, Henan Province. In mid-November, authorities removed the dome and star-and-crescent symbols from a mosque in Qinghua Town, Henan Province, and hung banners reading, “Resolutely resist religious infiltration and combat religious extremism” at the mosque’s entrance. In Maying Village, Henan Province, after the government ordered the removal of symbols from the local mosque, one resident said, “We have to listen to what Xi Jinping says and what state policies indicate. No one dares to challenge the state.”

In December, Bitter Winter published before-and-after photographs of numerous churches in multiple provinces, including churches affiliated with the TSPM, that showed that exterior crosses had been removed and facades altered to eliminate Western-style features that identified them as Christian worship venues. Authorities removed crosses from at least 900 TSPM churches in Anhui Province between January and July. In April, UCA News reported the removal of crosses from several Catholic churches, including from Our Lady of the Rosary Church in Anhui Diocese on April 18. A priest said dioceses normally cooperated with authorities on the removal of crosses in the hopes that they would not demolish the entire building. On June 6, all crosses, other religious symbols, and pews were removed from the Wangdangjia village church in Linyi County. The “Catholic Church” signboard above its entrance was covered with wooden boards.

According to Bitter Winter, between March 2019 and January 2020, authorities removed crosses from approximately 70 Christian churches, including TSPM churches, in Linyi City, Shandong Province. Authorities said the crosses were “too close to the national highway,” “too tall,” or might seem “unpleasant” to visiting provincial government superiors. They threatened to demolish the buildings if the crosses remained. On January 8, the provincial government ordered a TSPM Church near the high-speed rail line in Lanshan District, Shandong Province, to remove its exterior cross because it was “too eye-catching.” The Chinese characters for “love” and “Christian Church” were also removed. Authorities removed crosses from at least 900 TSPM Churches in Anhui Province between January and July.

According to Bitter Winter, officials in Fuzhou City, Fujian Province, pressured the abbot of the Buddhist Yuantong Temple to remove an 11-meter (36-foot)-high statue of Guanyin for being “too tall.” According to sources, authorities threatened to close the temple if the abbot did not comply. On March 9, workers dismantled the statue, and photographs accompanying the Bitter Winter article showed it lying in pieces on the ground.

Media reported authorities continued to destroy religious sites, including those affiliated with the TSPM and CCPA. Throughout the year, Bitter Winter published numerous before-and-after photographs showing churches, temples, and other religious structures that had been reduced in whole or in part to rubble. Bitter Winter reported that on March 10, authorities demolished a TSPM Church in Shangqiu, Henan Province. A source told Bitter Winter that on March 10 at 4:00 a.m., more than 200 government personnel and police came to demolish a TSPM Church in Xiazhuang Village, Shangqiu City, Henan Province. According to the source, police kicked in the door and forcibly removed a member of the congregation who was guarding the church, fracturing two of his ribs. The contents of the church were buried under the rubble.

On April 20, the government of Shangrao County in Shangrao City, Jiangxi Prefecture, demolished a TSPM Church, saying the structure was “unlicensed and dilapidated.” Sources said local officials told the congregation higher-level officials had ordered the demolition because “the government doesn’t allow belief in Jesus.” A church member told Bitter Winter the structure was in fact sound and was also registered with the local religious affairs bureau. The church member said that, contrary to law, authorities did not compensate the congregation for destroying the building. Accompanying the article were photographs showing the church before demolition and a pile of rubble following the demolition. According to another church member, following the demolition, congregants began practicing separately at home but had to be cautious. “The government arrests anyone in unauthorized religious gatherings. When they find two or three of us meeting, they can charge us with any crime at will, saying we are against the CCP.”

The ICC reported that on September 12, authorities in the town of Xiezhou in Yanhu District, Yucheng City, Shangxi Province, demolished the tombstones of more than 20 Swedish missionaries who had performed missionary work in the country in the early 1900s. They threatened to arrest anyone who photographed or videotaped the incident. Authorities planted vegetation over the gravesites.

Local sources reported authorities continued to close Christian venues or repurpose them into secular spaces. According to Bitter Winter, in April, the government of Qingshui Township in Shangrao City, Jiangxi Province, closed a TSPM Church for being “unlicensed and too eye-catching.” Officials destroyed religious symbols inside the church and posted a closure notice at the entrance. In May, officials converted the church into an activity center for the elderly, placing a ping-pong table, Chinese chess boards, and secular books inside.

Bitter Winter reported that on January 1, six local government officials and police officers raided a Catholic nursing home in Fuzhou City, Jiangxi Province. They confiscated 30 religious publications, a cross, and other religious symbols, sculptures, and paintings. A photograph accompanying the article showed that a mural of Jesus that had been displayed behind the alter was replaced with a landscape painting and an outdoor sculpture of Jesus was covered with a shed. Authorities pressured the church’s priest to sign an application to join the CCPA, but he refused. According to Bitter Winter, authorities also targeted the Benevolence Home, a nursing home operated by nuns in Saiqi Village, Fujian Province. On January 12, nearly 50 local government officials and police officers raided the nursing home where more than 30 persons lived, some of whom were from impoverished households or disabled. Authorities forced the elderly residents out and cut off the building’s electricity and water supply.

In July, a Catholic source in southeast China told AsiaNews.it that the local government denied permits to construct new Catholic churches and halted construction that was already underway. In January, AsiaNews.it reported that in at least five parishes in Mindong Diocese, Fujian Province, including Fuan, Saiqi, and Suanfeng, authorities cut off power and water to prevent churches from being used, citing “fire safety” measures.

Bitter Winter reported that government and law enforcement personnel destroyed the Great Hall of Strength, a Buddhist temple in Handan City, Hubei Province, on March 6. A local Buddhist said authorities demolished it because it “lacked a religious-activity venue-registration certificate.” The temple director said he was never approached about obtaining such a certificate. The local Buddhist said, “The government just wanted to demolish the temple…People cannot argue with authorities; they will accuse us of breaking the law as they please.”

According to Bitter Winter, authorities demolished the Buddhist Phoenix Temple in Qitang Town, Chongqing Municipality, on January 3. In March, authorities ordered eight Buddhist temples in Yongchuan District, Chongqing Municipality, to close and brick up their entrances, rendering the buildings unusable. Authorities demolished the Longhua Temple in Ma’anshan City, Anhui Province, on April 1.

Sources told Bitter Winter that on May 18, more than 20 officials and police in Shucheng County, Anhui Province, destroyed a Buddhist temple that authorities had declared “a dilapidated building.” When a protester attempted to film the scene, police officers pressed her to the ground and hit her in the collarbone until she lost consciousness. Police then destroyed her mobile phone.

Bitter Winter reported several cases of authorities destroying folk religion sites throughout the country. From April 14 to 19, authorities demolished three buildings in the Yangfu Temple in Taizhou, Zhejiang Province. On April 22, authorities demolished 18 statues in two folk religion temples in Linzhou, Henan Province. From April to June, authorities demolished 85 small folk religion temples in Handan, Hebei Province. On May 1, authorities demolished an ancestral hall in Ganzhou, Jiangxi Province.

Bitter Winter reported that on July 2 in Dangtu County, Ma’anshan City, Anhui Prefecture, more than 100 police officers destroyed a village folk temple. One villager said police first cordoned off the area to prevent anyone from approaching. The witness said, “They then smashed the lock to get inside and demolished the temple after dragging out the eight elderly believers protecting it.” The online magazine posted a video on social media that showed a large number of police standing guard while a bulldozer knocked down the structure.

Bitter Winter reported in July that authorities had not yet reopened the Cao’an Manichean temple in Quanzhou, Fujian Province, which had been closed due to the COVID-19 pandemic. Police were seen periodically patrolling the temple. Before its closure, authorities ordered the construction of a flagpole for the national flag and placed government propaganda slogans inside the temple.

Religious education for minors remained banned, but enforcement and implementation of the prohibition varied widely across and within regions.

AsiaNews.it reported authorities sent a directive to Xilinhaote Middle School Number 6 in Xilinhaote, Inner Mongolia dated March 25 forbidding students from taking part in religious activities in or outside of school. The directive reportedly prohibited parents from teaching their children about religion and religious organizations from operating in schools. Students and teachers found disobeying the restrictions faced expulsion and dismissal.

In November, Bitter Winter reported that a fifth-grade teacher in a Liaoning Province primary school told the online magazine any mention of religious holidays had been purged from English-language textbooks. The teacher said a text originally entitled “Easter Party” had been replaced with “English Party” and descriptive passages such as “You will meet the Easter Bunny” with “You will meet Robin the Robot.”

In January, AsiaNews.it, reported the government had closed down several Tibetan Buddhist centers in Sichuan Province because, authorities said, “Illegal activities” were carried out in the centers. The NGO International Campaign for Tibet said the government’s actual purpose was to limit the influence of Khenpo Sodargye, a Buddhist monk who founded these centers. The centers were associated with the Larung Gar Tibetan Buddhist Institute, from which authorities had expelled more than 15,000 Buddhist monks and nuns since 2016 and destroyed significant portions of the property.

Individuals seeking to enroll at an official seminary or other institution of religious learning continued to be required to obtain the support of the corresponding official state-sanctioned religious association. The government continued to require students to demonstrate “political reliability,” and political issues were included in examinations of graduates from religious schools. Both registered and unregistered religious groups reported a shortage of trained clergy due in part to government controls on admission to seminaries.

Religious groups reported state-sanctioned religious associations continued to be subject to CCP interference in matters of doctrine, theology, and religious practice. The associations also closely monitored and sometimes blocked the ability of religious leaders to meet freely with foreigners.

National regulations required Muslim clerics to meet the following requirements: “Uphold the leadership of the CCP; love Islam and serve Muslims; possess a degree in or receive formal training in Islamic scriptural education; have graduated from junior high school or above, in addition to attaining competency in Arabic; and be at least 22-years-old.” According to sources, imams had to pass an exam testing their ideological knowledge to renew their license each year.

The government and the Holy See remained without formal diplomatic relations and the Holy See had no official representative to the country. On October 22, the Holy See and the PRC announced they had agreed to extend a provisional agreement on the appointment of bishops for another two years. The two parties signed the original agreement in 2018. The precise terms of the agreement were not made public, but according to Catholic News Agency (CNA) and Vatican News, it was a “pastoral” effort to help unify members of the underground Catholic Church in China – which had remained in communion with the Holy See – with Catholics belonging to the CCPA. Vatican News stated the agreement “does not directly concern diplomatic relations between the Holy See and China, nor the legal status of the Chinese Catholic Church or relations between the clergy and the authorities of the country. The Provisional Agreement concerns exclusively the process of nomination of bishops…” Following the signing of the agreement, seven CCPA-affiliated bishops appointed without papal mandate were brought into full communion with the Holy See; an eighth bishop was posthumously recognized. AsiaNews.it reported that on November 23, Reverend Thomas Chen Tianhao became the third new bishop without a prior affiliation with the CCPA to be ordained under the agreement, assuming the position of Bishop of Qingdao in Qingdao City, Shandong Province. UCA News reported that on December 22, a fourth bishop, Peter Liu Genzhu, was ordained bishop of Hongdong in Linfen City, Shanxi Province.

Commentators, human rights groups, and some Catholic leaders criticized the agreement as doing little to protect freedom of religion or belief for Catholics in China. On November 17, the America Jesuit Review published an article discussing 30 bishops who belonged to the underground Catholic Church and refused to join the CCPA. “The situation of these bishops has become more difficult since the agreement as, contrary to what Rome expected, Chinese authorities have used it to pressure underground bishops and priests to submit to the state’s religious policies.” Retired Cardinal Joseph Zen of Hong Kong in his online blog of October 7 said the agreement was lopsided, with the CCP nominating bishops for the Pope to approve, and that persecution of the underground Catholic Church had increased since 2018.

Catholic clergy and laypersons told media the situation of both registered and unregistered Catholic communities worsened during the year. A number of Catholic churches and bishops appointed by the Pope remained unable or unwilling to register with the CCPA. According to Bitter Winter, the Catholic Diocese of Mindong in Fujian Province suffered severe persecution from the CCP after most of its priests refused to join the CCPA. Authorities closed five parishes in January. Bitter Winter reported multiple instances of authorities pressuring Catholic leaders to join the CCPA and, in some cases, arresting and physically abusing Catholic leaders who refused. According to Bitter Winter, during the first half of the year, the CCPA attempted to force 57 unregistered Catholic priests from the Mindong Diocese to join the organization. As of June, 25 had complied, three had resigned in protest, and one was driven out of the diocese. Local authorities continued to pressure the remaining 28 priests to join.

According to Bitter Winter, on April 2, officials detained Father Huang Jintong, a priest from the Mindong Diocese’s parish in Saiqi Village in Fuan City, Fujian Province. Police deprived the priest of sleep for four days before he signed a document saying he would join the CCPA. According to AsiaNews.it, on September 1, the local religious affairs bureau detained another priest of the Mindong Diocese, Father Liu Maochun, for at least 17 days for refusing to join the CCPA.

Sources told Reuters News Agency that in May, two Catholic nuns serving at the Holy See’s Study Mission to China in Kowloon (Hong Kong) were arrested by mainland authorities when they traveled to Hebei Province to visit their families. The nuns were detained in Hebei for three weeks before being released into house arrest without being charged. They remained under house arrest as of year’s end, and their families’ homes were under surveillance. The nuns were reportedly allowed to attend Mass but were not permitted to leave mainland China.

In July, AsiaNews.it reported that a priest said authorities often gathered priests in order to “brainwash” them, congregation members were no longer able to host Mass in their homes, and bishops of underground dioceses were increasingly arrested since the 2018 signing of the provisional agreement between the Holy See and China. One lay member said there were more restrictions on the number of individuals allowed to attend religious gatherings, children younger than 18 were forbidden from entering the church, and government authorities often sat in on church meetings to surveil the church.

CNA reported that on October 4, Vincenzo Guo Xijin, the auxiliary bishop of the Mindong Diocese in Fujian Province, announced he would no longer preside over public masses or receive any tithes and said that all administrative matters associated with the diocese should be referred to Bishop Vincent Zhan Silu. In 2006, the Holy See excommunicated Zhan, a member of the Chinese People’s Political Consultative Conference, but in December 2018 allowed him to replace Guo as bishop of the Mindong Diocese while Guo stepped into the subordinate position. Zhan was one of seven individuals appointed without papal mandate whom the Holy See recognized as bishops under the 2018 provisional agreement. The government did not recognize Guo, who was not a member of the CCPA, in his role as auxiliary bishop. In an open letter announcing his withdrawal from public religious duties, Guo stated, “The sacraments celebrated by those who sign [a document joining the CCPA] and those who do not sign are legitimate.”

In June, CNA reported that authorities detained underground Catholic bishop Cui Tai in Zhangjiakou Municipality, Hebei Province. According to AsiaNews.it, authorities in the past had repeatedly placed Cui under house arrest or sent him to forced-labor camps for engaging in evangelization activities without official government permission and for criticizing the CCPA. As of year’s end, it was unclear whether he had been released from detention.

Sources told Bitter Winter the government threatened to retaliate against family members if clergy in the Mindong Diocese did not join the CCPA. Authorities forced Father Feng from Xiyin Village, Fuan City, to sign an application to join the CCPA by threatening to dismiss his younger brother and sister-in-law from public employment. After another priest refused to join, authorities confiscated the vehicle his brother used for business and shut down his nephew’s travel agency.

The ICC reported in July that a member of the ERCC said authorities threatened to send the children of church members to “reeducation camps” and take adopted children away from their parents. The source said authorities had already taken four adopted children from one church family and returned them to their biological parents or found them other homes.

Cuba

Executive Summary

The country’s constitution contains written provisions for religious freedom and prohibitions against discrimination based on religious grounds. According to the religious freedom advocacy organization Christian Solidarity Worldwide (CSW) and religious leaders, the Cuban Communist Party (CCP), through its Office of Religious Affairs (ORA) and the Ministry of Justice (MOJ), continued to control most aspects of religious life. CSW’s annual report concluded the government “violated freedom of religion or belief routinely and systematically” through arbitrary detentions, false charges, threats, and harassment of religious leaders and religious freedom defenders. The report also noted that during the COVID-19 pandemic, the government confiscated food that some religious groups intended to provide to those in need, blocked overseas humanitarian aid, and threatened and charged religious leaders for “spreading disease.” There were reports that authorities continued to subject leaders of Free Yorubas of Cuba to arbitrary detentions, threats, and verbal harassment. Media and religious freedom defenders reported the government continued to restrict the right of prisoners to practice religion freely, limit or block international and domestic travel, and harass and detain members of religious groups advocating for greater religious and political freedom, including Ladies in White leader Berta Soler Fernandez and Apostolic Church Pastor Alain Toledano. CSW reported 203 documented cases of freedom of religion violations, compared with 260 in 2019, attributing the decrease to the decision of the Ladies in White to halt their weekly attendance at Catholic Mass for seven months during the pandemic. On October 30, state security officers surrounded a church affiliated with Toledano in Santiago de Cuba and destroyed it; authorities arrested Toledano while he live streamed the destruction on Facebook. According to media, authorities temporarily detained Apostolic leader Yilber Durand Dominguez and Christian artist Jose Acebo Hidalgo when they resisted letting government officials into their homes during the COVID-19 quarantine. In March, authorities released homeschooling advocate Ayda Exposito after she served a sentence for “other acts against the normal development of a minor.” Her husband, Reverend Ramon Rigal, was released in July. Media reported authorities threatened to deny the couple custody of their children if they resumed homeschooling. According to religious groups, the ORA and MOJ continued to deny official registration to certain groups, including to several Apostolic churches, or did not respond to long-pending applications, such as those for the Jehovah’s Witnesses and The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ). In April, a female convert to Islam told media she stopped wearing a hijab after her government-run workplace forbade her from wearing it. In January, a member of the Jewish community in Nuevitas, Camaguey Municipality, said a local state prosecutor forced him to sign a document acknowledging that if his children came to school wearing kippahs, he and his wife would be arrested and charged with “acts against the normal development of a minor,” with a potential one-year prison sentence. According to CSW, many religious leaders continued to practice self-censorship because of government surveillance and infiltration of religious groups. A coalition of evangelical Protestant churches, Apostolic churches, and the Roman Catholic Church continued to press for legal changes, including easing registration of religious groups, ownership of church property, and new church construction.

Unlike in previous years, the Community of Sant’Egidio, recognized by the Catholic Church as a “Church public lay association,” was unable to hold an interfaith meeting due to COVID-19 restrictions. Some religious groups and organizations, such as the Catholic charity Caritas, however, continued to gather and distribute relief items, providing humanitarian assistance to individuals regardless of religious belief.

Due to lack of government responsiveness, U.S. embassy officials did not meet with or otherwise engage the ORA during the year. Embassy officials met regularly, both in person and virtually, with a range of religious groups, including Protestants, Jews, Jehovah’s Witnesses, Muslims, and Catholics, concerning the state of religious freedom and political activities related to religious groups’ beliefs. In public statements and on social media, U.S. government officials, including the Secretary of State, continued to call upon the government to respect the fundamental freedoms of its citizens, including the freedom of religion. On October 5, the Secretary stated, “Vast swathes of humanity live in countries where religious freedom is restricted, from places like…Cuba, and beyond.” Embassy officials remained in close contact with religious groups, including facilitating meetings between visiting civil society delegations and religious groups in the country.

On December 2, 2020, in accordance with the International Religious Freedom Act of 1998, as amended, the Secretary of State again placed Cuba on the Special Watch List for having engaged in or tolerated severe violations of religious freedom.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

According to the constitution, “the state recognizes, respects, and guarantees religious liberty” and “distinct beliefs and religions enjoy equal consideration.” The constitution prohibits discrimination based on religious beliefs. It declares the country is a secular state and provides for the separation of religious institutions and the state.

The constitution also “recognizes, respects, and guarantees people’s freedom of thought, conscience, and expression.” It states, “Conscientious objection may not be invoked with the intention of evading compliance with the law or impeding another from the exercise of their rights.” It also provides for the “right to profess or not profess their religious beliefs, to change them, and to practice the religion of their choice…,” but only “with the required respect for other beliefs and in accordance with the law.”

The government is subordinate to the Communist Party; the party’s organ, the ORA, enlists the entire government, especially the MOJ and the security services, to control religious practice in the country. The ORA regulates religious institutions and the practice of religion. The Law of Associations requires all religious groups to apply to the MOJ for official registration. The MOJ registers religious denominations as associations on a basis similar to how it officially registers civil society organizations. The application process requires religious groups to identify the location of their activities, their proposed leadership, and their funding sources, among other requirements. Even if the MOJ grants official registration, the religious group must request permission from the ORA each time it wants to conduct activities other than regular services, such as holding meetings in approved locations, publishing major decisions from meetings, receiving foreign visitors, importing religious literature, purchasing and operating motor vehicles, and constructing, repairing, or purchasing places of worship. Groups failing to register face penalties ranging from fines to closure of their organizations and confiscation of their property.

The penal code states membership in or association with an unregistered group is a crime; penalties range from fines to three months’ imprisonment, and leaders of such groups may be sentenced to up to one year in prison.

The law regulates the registration of “house churches” (private residences used as places of worship). Two house churches of the same denomination may not exist within two kilometers (1.2 miles) of one another and detailed information – including the number of worshippers, dates and times of services, and the names and ages of all inhabitants of the house in which services are held – must be provided to authorities. The law states if authorization is granted, authorities will supervise the operation of meetings; they may suspend meetings in the house for a year or more if they find the requirements are not fulfilled. If an individual registers a complaint against a church, the house church may be closed permanently and members subject to imprisonment. Foreigners must obtain permission before attending services in a house church; foreigners may not attend house churches in some regions. Any violation will result in fines and closure of the house church.

The constitution states, “The rights of assembly, demonstration and association are exercised by workers, both manual and intellectual; peasants; women; students; and other sectors of the working people,” but it does not explicitly address religious association. The constitution prohibits discrimination based on religion.

A law in force since July 2019 curtails freedom of expression on the internet to protect against “disseminating information contrary to the common good, morals, decency, and integrity through public data transmission networks.” The penalty for violating the law is 3,000 Cuban pesos ($120) or two to four years in prison.

Military service is mandatory for all men, and there are no legal provisions exempting conscientious objectors from service.

Religious education is highly regulated, and homeschooling is illegal, with parents who homeschool their children subject to arrest.

The country signed the International Covenant on Civil and Political Rights in 2008 but did not ratify it. The government notes, “With respect to the scope and implementation of some of the provisions of this international instrument, Cuba will make such reservations or interpretative declarations as it may deem appropriate.”

CSW’s annual report concluded that the government “violated freedom of religion or belief… routinely and systematically” through arbitrary detentions, false charges, threats, and harassment of religious leaders and religious freedom defenders. It reported 203 documented cases of freedom of religion violations compared with 260 in 2019, attributing the decrease in numbers to the decision of the Ladies in White to halt their weekly attendance at Catholic Mass for seven months during the pandemic. CSW said approximately half of the cases involved threats and harassment, including arbitrary summons of religious leaders and pressure on congregation members to not worship at unregistered churches or else face losing their employment. The report also noted that during the COVID-19 pandemic, the government confiscated food some religious groups intended to provide to those in need, blocked overseas humanitarian aid, and threatened and charged religious leaders for “spreading disease.”

Many religious groups said notwithstanding the constitutional provisions providing for freedom of conscience and religion and prohibiting discrimination based on religion, the government continued to use threats, detentions, violence, and other coercive tactics to restrict the activities of some religious groups, leaders, and followers, including the right of prisoners to practice religion freely. Religious groups also said the government applied the law in an arbitrary and capricious manner. Some religious groups continued to state their concern that the new constitution, in effect since February 2019, significantly weakened protections for freedom of religion or belief, as well as diluting references to freedom of conscience and separating it from freedom of religion.

According to media, prison authorities continued to abuse Christian rights activist Mitzael Diaz Paseiro for his refusal to participate in ideological re-education programs while incarcerated. Diaz Paseiro, imprisoned since November 2017 and recognized by Amnesty International as a prisoner of conscience, was beaten, prohibited from receiving visits or phone calls, denied medical and religious care, confined to a “punishment” cell, and transferred from prison to prison. Diaz Paseiro was serving a three-year and five-month sentence for “pre-criminal dangerousness” for protesting municipal elections in 2017. He remained in prison through year’s end. Media reported police also used violence against individuals protesting Diaz Paseiro’s treatment. On September 30, police detained two Free Yorubas of Cuba leaders who were protesting Diaz Paseiro’s mistreatment, holding them overnight, beating them, and breaking the arm of one of them, Jennifer Castaneda.

In August, the U.S.-based Patmos Institute blogged a statement calling on the Cuban government to recognize religious minority groups, including the Free Yorubas of Cuba. According to the U.S.-based Global Liberty Alliance, authorities continued to subject Free Yorubas of Cuba leaders to arbitrary detentions, threats, and verbal harassment, in addition to the September detentions and beatings of the two Yoruba leaders protesting the mistreatment of Paseiro. In February, police detained a Free Yorubas couple, telling the couple, “There is only one god, Fidel Castro.” According to observers, although Yoruba and other African syncretic religious groups were given latitude to practice their beliefs as individuals, the government selectively recognized groups and leaders based on their favorable view of the government.

Media reported police continued their repeated physical assaults on and brief arrests of members of the Ladies in White; more than 20 women were arrested across the country on March 8, International Women’s Day. Reports indicated the group’s members typically attempted to attend Mass and gather afterwards to protest the government’s human rights abuses. Throughout the year, Ladies in White leader Berta Soler Fernandez reported repeated arrests and short detentions for Ladies in White members when they attempted to meet on Sundays. According to media, because of the government’s intensified pressure on the movement, it lost significant momentum. According to media and NGOs, Soler Fernandez and other Ladies in White members were frequently physically abused while in police custody, as shown in videos of their arrests. After being taken into custody, they were typically fined and released within 24 hours.

According to media, authorities detained Apostolic leader Yilber Durand Dominguez and Christian artist Jose Acebo Hidalgo when they resisted allowing government officials into their homes during the COVID-19 quarantine. Acebo and Durand were released shortly thereafter.

According to media, authorities harassed and threatened journalists reporting specifically on abuses of religious freedom. In September, authorities released journalist and lawyer Roberto Quinones, imprisoned in April 2019 while reporting on a trial involving religious expression. Reportedly, he left prison having lost a significant amount of weight due to insufficient food.

According to media, in March, authorities released homeschooling advocate Ayda Exposito after having served 11 months of an 18-month sentence for “other acts against the normal development of a minor.” Her husband, Reverend Ramon Rigal, was released in July. After the couple was released from prison, authorities threatened to deny them custody of their children if they resumed their prior activities (homeschooling their children). Patmos reported that on August 9, journalist Yoel Suarez Fernandez was detained and threatened for reporting on the Quinones and Rigal cases, and authorities confiscated his phone. In February, he had been prohibited from leaving the country.

According to media sources, Oscar Kendri Fial Echavarría was scheduled for trial in late December for refusing compulsory military service after declaring himself a conscientious objector because of his Christian faith. His trial was subsequently suspended. Echavarría had previously been detained by state security in October and early December.

According to CSW, many religious groups continued to state their lack of legal registration impeded their ability to practice their religion. Several religious groups, including the Jehovah’s Witnesses and the Church of Jesus Christ, continued to await a decision from the MOJ on pending applications for official registration, some dating as far back as 1994. Despite a 2019 letter from Cuban Ambassador to the United States Jose Cabanas to the First Presidency of the Church of Jesus Christ in Salt Lake City stating that the denomination was “welcome” in Cuba, the MOJ had not approved the Church’s registration by year’s end.

Representatives of several religious organizations that had unsuccessfully sought registration said the government continued to interpret the law on associations as a means for the ORA and the MOJ to deny registration of certain groups. They also said ineligibilities for registration sometimes included determinations by the MOJ that another group had identical or similar objectives, using this argument as a pretext to favor certain factions of a religious denomination or one religious group’s activities over others.

Due to COVID-19 shutdowns, the MOJ delayed requests for registration. EchoCuba, a U.S.-based international religious freedom advocacy group associated with Outreach Aid to the Americas, again reported that some Apostolic churches repeatedly had their attempts to register denied, forcing them to operate without legal status.

Members of Protestant denominations said some groups were still able to register only a small percentage of house churches in private homes, although some unregistered house churches could operate with little or no government interference. According to EchoCuba, however, several religious leaders, particularly those from smaller, independent house churches or Santeria communities, said the government was less tolerant of groups that relied on informal locations, including private residences and other private meeting spaces, to practice their beliefs. They said the government monitored them, and at times, prevented them from holding religious meetings in their spaces. CSW reported authorities continued to rely on two 2005 government resolutions to impose complicated and repressive restrictions on house churches.

According to EchoCuba, the ORA approved some registration applications, but it took up to two to three years from the date of the application to complete the process. At year’s end, Soka Gakkai remained the only Buddhist group registered with the government.

According to religious leaders and former inmates, authorities continued to deny prisoners, including political prisoners, pastoral visits and the ability to meet with other prisoners for worship, prayer, and study. Many prisoners also said authorities repeatedly confiscated Bibles, crucifixes, rosary beads, and other religious items, sometimes as punishment and other times for no apparent reason. According to recently released prisoner Roberto de Jesus Quinones, during his time in prison, officials repeatedly “lost” copies of his request for pastoral care and punished him for fasting on holy days by placing him in solitary confinement or suspending other privileges.

According to CSW, the government, through the Ministry of Interior, continued to systematically plant informants in all religious organizations, sometimes by persuading or intimidating members and leaders to act as informants, or by sending informants to infiltrate a church. The objective was to monitor and intimidate religious leaders and report on the content of sermons and on church attendees. As a result, CSW assessed, many leaders continued to practice self-censorship, avoiding stating anything that might possibly be construed as anti-Castro or counterrevolutionary in their sermons and teaching. Catholic and Protestant Church leaders, both in and outside the government-recognized Council of Cuban Churches (CCC), continued to report frequent visits from state security agents and CCP officials for the purpose of intimidating them and reminding them they were under close surveillance, as well as to influence internal decisions and structures within the groups.

Many house church leaders continued to report frequent visits from state security agents or CCP officials. Some reported warnings from the agents and officials that the education of their children, or their own employment, could be threatened if the house church leaders continued their activities.

CSW reported that on May 4, state security officers appeared at the home of a member of an unregistered Islamic group, who was studying the Quran with others. Members were summoned to appear the next day at the National Revolutionary Police, where authorities told them if they continued to hold unpermitted religious activities, they would be “punished for the crime of association to conspire and commit crimes.”

Authorities continued to harass Pastor Alain Toledano Valiente, a member of the Apostolic Movement and leader of the Emanuel Church in Santiago de Cuba. According to Toledano’s Facebook page, state security officials organized several “actos de repudio” (state-sanctioned crowds) to intimidate and socially isolate him. On May 1, local members of the Communist Party surrounded his home, as shown in a video posted to the pastor’s Facebook page. According to his Facebook page, several individuals also interrupted church services on July 26, National Revolutionary Day and a civic holiday. According to observers, in the eyes of the Communist party, church services held on a civic holiday were an affront to the spirit of the revolution.

On October 30, state security officers surrounded a church affiliated with Toledano in Santiago de Cuba and destroyed it with bulldozers and other heavy equipment while parishioners watched and sang hymns. Toledano was arrested while live streaming the destruction on Facebook. Authorities said they were destroying the church to construct a new railroad line to a local cement factory, but no other buildings or structures were razed. According to CSW, the church’s pastor, Palomo Cabrera, and Assemblies of God Regional Superintendent Jose Martinez were taken by state security officials and pressured to sign a document stating the demolition of the church was legal. Local sources also reported authorities attempted to bill Cabrera for usage of the machinery employed in the demolition. Toledano said authorities opposed the construction of a new church – authorities had demolished the previous Emanuel Church and detained hundreds of church members in 2016 – although he had the permits to build the new church. Following one summons, Toledano stated, “In Cuba, pastors are more at risk than criminals and bandits….I cannot carry out any religious activity; that is to say they want me to stop being a pastor.”

According to Pastor Andy Nelson Martinez Barrero, on March 17, authorities demolished the III Eden Baptist Church, allegedly for its being an illegal structure. When parishioners approached the site, police said they could not be in the area because they were considered to be a danger to a former member of the congregation who had been expelled for bad behavior. Members of the church said they believed the person was sent to join their church as an informant, a common government practice.

According to media, on September 8, authorities impeded celebrations of the country’s patron saint, the Virgen de la Caridad de Cobre, an unofficial but important holiday also known as Feast Day, and security officials arrested scores of activists. According to many observers, senior government leaders attempted to appropriate the religious holiday with political messaging. The Catholic Church received permission to televise a special Mass and published a statement describing the “opportunistic politicization” of the Feast Day by “the heirs [the current government] of those who once said they [Fidel and Raul Castro] wanted to erase every vestige of religion.” The statement also said, “Neither side has the right to politicize a celebration that precisely calls for harmony, peace, unity, and not hatred.”

According to CSW, although the majority of cases of what CSW defined as religious persecution were directed toward Christians, the country’s religious minorities were also likely to be victims of religious persecution. Patmos again stated that Rastafarians, whose spiritual leader remained imprisoned since 2012, were among the most stigmatized and repressed religious groups. The Patmos report said reggae music, the primary form of Rastafarian expression, was marginalized and its bands censored. According to Sandor Perez Pita, known in the Rastafarian world as Rassandino, reggae was not allowed on most state radio stations and concert venues, and Rastafarians were consistently targeted in government crackdowns on drugs, with the government incarcerating them for their supposed association with drugs without presenting evidence of actual possession or trafficking. Authorities also subjected Rastafarians to discrimination for their clothing and hairstyles, including through segregation of Rastafarian schoolchildren and employment discrimination against Rastafarian adults.

According to its representatives, the country’s small Muslim community was subject to discrimination. Samira Salas Quiala wrote on a Facebook group page for Cuban Muslim Women about her experience of discrimination while working at CIMEX, a company owned by the Cuban Armed Forces. She said that after three years working at a CIMEX store in Havana, her supervisor summoned her and the head of Human Resources and told her she could no longer wear a hijab. Salas Quiala said she stopped wearing a headscarf to avoid being fired.

According CSW, Christian leaders from all denominations said a scarcity of Bibles and other religious literature continued, primarily in rural areas. Some religious leaders continued to report government obstacles prevented them from importing religious materials and donated goods, including bureaucratic obstruction and arbitrary restrictions such as inconsistent rules on computers and electronic devices. In some cases, the government held up religious materials or blocked them altogether. According to Patmos, the Cuban Association for the Divulgation of Islam was unable to obtain a container of religious literature embargoed since 2014. Several other groups, however, said they continued to import large quantities of Bibles, books, clothing, and other donated goods.

The Catholic Church and several Protestant representatives said they continued to maintain small libraries, print periodicals and other information, and to operate their own websites with little or no formal censorship. The Catholic Church continued to publish periodicals and hold regular forums at the Varela Center that sometimes criticized official social and economic policies.

By year’s end, the government again did not grant the Conference of Catholic Bishops’ (CCB) requests to allow the Catholic Church to reopen religious schools and have open access to broadcasting on television and radio. According to Church representatives, the ORA expanded the CCB’s access to state-controlled media and allowed some members to deliver sermons on public networks as a concession to COVID-19 restrictions. Not all religious groups that also petitioned for media access were given similar access, although for the first time, state-selected evangelical Protestant pastors associated with the government-recognized CCC were given the opportunity to prerecord 15-minute broadcasts during Holy Week. No other churches had access to mass media, which remained entirely state-owned. Several religious leaders continued to express concern about the government’s restriction on broadcasting religious services over the radio or on television.

According to media, the government continued to prohibit the construction of new church buildings. All requests, including for minor building repairs, needed to be approved by the ORA, which awarded permits according to the inviting association’s perceived level of support for or cooperation with the government. The Berean Baptist Church, whose request for registration has been pending since 1997, continued to be prevented from repairing existing church buildings because as an unregistered group, it could not request necessary permits.

According to CSW, the government continued to use endless requirements for permits that could be arbitrarily cancelled at any time, plus other bureaucratic practices, to control and restrict freedom of religion or belief. Reportedly, the ORA’s processes meant many communities had no legal place to meet for church services, particularly in rural areas. Some denominations, especially Protestant denominations, reported similar problems, with the government prohibiting them from expanding their places of worship by threatening to dismantle or expropriate churches because they were holding “illegal” services.

According to CSW, several cases of authorities’ arbitrary confiscation of church property remained unresolved or under review, including a church in Artemisa that belonged to a registered religious group and that the government confiscated in March 2019, and the Nazarene Church of Manzanillo. The government had started a process to confiscate the Nazarene Church in April 2019 but took no further action during 2020.

According to media, between June and July, evangelical Protestant pastors Uberney Aguilar and Yalina Proenza received at least six visits and official summons from various government agents aimed at shutting down their congregation, Jehovah Shalom Church, in Holguin. The pastors said that starting in 2017, they met in a property owned by a member of their congregation. On July 9, Holguin Minister of Justice Nelson Flavio Plutin Santos and Ormani Rodriguez Tamayo, the head of the provincial Department of Associations, denied their request for government recognition, which they had submitted in 2019. Due to government public health restrictions, they continued to hold outdoor services.

Other land ownership issues remained unresolved, including that of the land owned by the Western Baptist Convention, which the government confiscated extralegally in 2012 and later transferred to two government companies. According to observers, the confiscation was in retaliation for the refusal of the Western Baptist Convention to agree to various ORA demands to restructure its internal governance and expel some pastors. The Methodist Church of Cuba said it continued its efforts to reclaim properties confiscated by the government more than 60 years ago, including a theater adjacent to the Methodist church in Marianao, Havana. The Methodist Church reportedly submitted all necessary ownership documentation, but government officials again took no action on the case during the year.

According to the Catholic News Agency, on August 29, the Bishop of Santiago de Cuba consecrated the San Benito Abad Church, located in San Bendito Crucero, Santiago de Cuba. Another small Catholic church was under construction in Havana at year’s end.

According to media, religious discrimination against students was a common practice in state schools, with multiple reports of teachers and Communist Party officials encouraging and participating in bullying. According to Olaine Tejada, a member of the Jewish community in Nuevitas, Camaguey Municipality, local state prosecutor Mary Vidal forced him on January 6 to sign a legal document acknowledging that if his sons came to school wearing kippahs, he and his wife Yeliney Lescaille would be arrested and charged with “acts against the normal development of a minor,” with a potential one-year jail sentence. In December 2019, local officials ruled against the Jewish family’s right to wear religious headgear to school. Tejada said the family would appeal to higher authorities to reinstate their rights.

In another incident, Yordanis Diaz Arteaga, President of the Christian Reformed Church of Cuba, told online magazine Evangelico Digital in January that his eight-year-old son had been harassed by his teacher in Havana because of his faith. On one occasion, the teacher humiliated his son in front of his peers for saying that he believed in God. On another day, the same teacher confiscated a bracelet the boy was wearing because it had Jesus’ name on it. Diaz said he reported the incident to the school but was not informed if the teacher was disciplined.

According to religious leaders, the government continued to selectively prevent some religious groups from establishing accredited schools but appeared to tolerate the efforts of other religious groups to operate seminaries, interfaith training centers, before- and after-school programs, eldercare programs, weekend retreats, workshops for primary and secondary students, and higher education programs. The Catholic Church continued to offer coursework, including entrepreneurial training leading to a bachelor’s and master’s degree through foreign partners. Several Protestant communities continued to offer university-level degrees in theology, the humanities, and related subjects via distance learning; however, the government did not recognize these degrees.

Jehovah’s Witnesses leaders continued to state they found the requirements for university admission and the courses of study incompatible with the group’s beliefs because their religion prohibited them from political involvement.

CSW continued to report the government used social media to harass and defame religious leaders, including Facebook posts of public figures targeting religious leaders or groups. In most instances, accounts posting attacks targeting religious leaders seemed to be linked to state security. According to CSW, during the year, the government increased pressure on leaders of the Cuban Evangelical Alliance, including through a state television broadcast of a purported investigation of the growth of “dangerous fundamentalism” on the island. The program included an interview with a religious leader considered close to the government who spoke of “extremist Christian fundamentalists” who received support and funding from the United States. The backdrop of the interview included footage of worshippers at religious services in churches affiliated with the Cuban Evangelical Alliance.

Although movement to, from, and within the country was highly restricted for most of the year due to the COVID-19 pandemic, religious travelers said they faced higher levels of scrutiny than others and were often denied freedom of movement, including traveling to religious gatherings outside the country. According to Patmos, immigration officers continued to target religious travelers and their goods and informed airport-based intelligence services of incoming and outgoing travel. On March 31, authorities in Las Tunas refused to renew Pastor Mario Jorge Traviezo’s passport, informing him he was under a travel ban and could not leave the country. According to several news accounts, on February 17, state security agents arrested journalist Ricardo Fernandez Izaguirre, a reporter on religious freedom issues, as he tried to leave his hometown of Camaguey to attend a religious celebration at the invitation of Pastor Alain Toledano. Authorities told him if he tried to leave his town again, he would be imprisoned for “disrespect.” Reportedly, Fernandez Izaguirre did not leave town during the year, partly due to the government order and because of COVID-19 restrictions.

According to CSW, unlike in previous years, there were no reported cases of the ORA and immigration officials targeting foreign visitors by denying them religious visas. CSW attributed the change to the government’s overall closure of borders to tourists as part of its efforts to limit the spread of COVID-19.

Reportedly because of restrictions on internal movement, government agencies continued to refuse to recognize a change in residence for pastors and other church leaders assigned to a new church or parish. These restrictions made it difficult or impossible for relocating pastors to obtain government services, including housing. Legal restrictions on travel within the country also limited itinerant ministry, a central component of some religious groups. According to EchoCuba, the application of the decree to religious groups was likely part of the general pattern of government efforts to control their activities. Some religious leaders said the decree was also used to block church leaders from traveling within the country to attend special events or meetings. Leaders associated with the Apostolic churches regularly reported they were prevented, sometimes through short-term detention, from traveling to attend church events or carry out ministry work.

According to EchoCuba, the government continued to give preference to some religious groups and to discriminate against others. EchoCuba continued to report the government applied its system of rewarding churches that were obedient and sympathetic to “revolutionary values and ideals” and penalized those that were not. Similarly, the government continued to reward cooperative religious leaders and threatened to revoke the rights of leaders deemed as noncooperative. According to EchoCuba, in exchange for their cooperation with the government, CCC members continued to receive benefits that other nonmember churches did not always receive, including building permits and international donations of clothing and medicine.

According to media reports, President Miguel Diaz-Canel met with visiting international religious leaders, such as Archbishop of New York Timothy Dolan, but he did not hold public meetings with any national religious leaders.

According to international media, in the face of increasing shortages of food and other essential items, authorities increased restrictions on many religious organizations’ ability to receive and distribute humanitarian assistance. While the government allowed Caritas to continue providing food and other goods to the needy, it did not allow many smaller religious groups and charities that were not part of the government-recognized CCC to provide aid. According to The Havana Times in August, Customs refused to hand over to non-CCC-affiliated church groups a shipment of five containers of food and other donations from Florida for needy families in Cuba, organized by dissident Rosa Paya of the human rights project Cuba Decide. A CCC religious leader said, “Cuba doesn’t need aid from those who serve a government which has wanted to create humanitarian crises with a political and economic agenda for 60 years.” Other religious leaders also said the government continued to restrict their ability to receive donations from overseas.

Some religious groups continued to report the government allowed them to engage in community service programs and to share their religious beliefs. Other religious groups reported government restrictions varied and were largely based on the government’s perceptions of the “political pliancy” of each religious group. Religious leaders continued to report government opposition to and interference in religious groups’ providing pastoral services.

According to media, government officials frequently instigated or did not investigate harassment of religious figures and institutions. For example, Pastor Daniel Gonzalez told online magazine evangelicodigital.com that for several years, police in his town of Florida, Camagüey Province, failed to investigate individuals throwing rocks at his church during services. The large rocks severely damaged the roof of the building. Members of the Missionary Church of Cuba in Victoria, Las Tunas, were pelted with stones on their way to worship several times a week, according to Pastor Yoel Demetrio, who said state security officials knew about the attacks and encouraged residents in their neighborhood to carry them out. Prior to the attacks, Demetrio received two summonses from the National Revolutionary Police, accusing him of “disturbing public order” because of his “illegal” use of audio equipment at his also “illegal” church.

During the year, the government increasingly used an internet law restricting freedom of expression against independent journalists, including those promoting freedom of religion or belief and other human rights. Authorities threatened to use the law to sanction Pastor Jose Yvan Rodríguez Yanez of the Apostolic Movement for making “subversive posts on social media.”

Egypt

Executive Summary

The constitution states, “Freedom of belief is absolute” and “The freedom of practicing religious rituals and establishing worship places for the followers of divine [i.e., Abrahamic] religions is a right regulated by law.” The constitution states citizens “are equal before the law” and criminalizes discrimination and “incitement to hatred” based upon “religion, belief, sex, origin, race…or any other reason.” The constitution also states, “Islam is the religion of the state…and the principles of Islamic sharia are the main sources of legislation.” The government officially recognizes Sunni Islam, Christianity, and Judaism and allows only their adherents to publicly practice their religion and build houses of worship. On February 24, the government executed eight men at Borg al-Arab Prison in Alexandria for their role in attacks on churches in Alexandria and Tanta on Palm Sunday, 2017, that resulted in 88 deaths. On June 2, the Giza Criminal Court sentenced seven defendants to 15 years’ imprisonment each for setting fire to the Kafr Hakim Church in Kerdasa in Giza Governorate in 2013. On December 6, a Cairo court extended the detention of Coptic rights advocate Ramy Kamel Saied. In September, press and NGOs reported that police detained Quranist Reda Abdel-Rahman, a teacher in Kafr Saqr in Sharqia Governorate, on charges of joining ISIS, adopting takfiri extremist ideas, and promoting those ideas in print, reportedly based on papers seized from his residence at the time of his August 22 arrest. Authorities renewed Abdel-Rahman’s detention on December 31. On June 21, the Economic Misdemeanor Appeals Court in Alexandria rejected an appeal submitted on behalf of atheist activist and blogger Anas Hassan to a February 27 verdict and upheld his sentence of three years’ imprisonment and a fine of 300,000 Egyptian pounds ($19,100) for managing “The Egyptian Atheists” Facebook page. On June 27, a court in Mashtoul al-Souk in Sharqia Governorate sentenced two men to one year in prison each on charges of “contempt of religions” for spreading and promoting Shia Islam. On February 23, an administrative court ordered all Shia websites and television channels closed, including the well-known website elnafisbook.com, which belongs to Shia activist Ahmed Rasem al-Nafis, a professor who converted from Sunni to Shia Islam. Under a 2016 law issued to legalize unlicensed churches and facilitate the construction of new churches, the government reported having approved 478 applications for legalization for churches and related buildings during the year, resulting in a total of 1,800 buildings legally registered since the law’s enactment in 2017. According to a report issued by the media center of the cabinet, the government allocated lands to build 10 new churches in eight cities. The Ministry of Awqaf (Islamic Endowments) continued to issue required certifications for Sunni imams and to register and license all mosques. In a June 28 cabinet meeting, President Abdel Fattah al-Sisi said the government should give “the highest priority to spreading awareness among students of the principles of religion, including freedom of belief.”

Press and NGOs reported that a fight broke out between Muslims and Christians in Dabbous in Minya Governorate on October 3 during a Coptic wedding that led to further violence two days later. Police arrested 12 individuals from both sides. Newspapers reported that a crowd of Muslims attacked Christian homes and a church in the village of al-Barsha in Minya on November 25 after rumors circulated that a local Christian man uploaded posts to social media viewed as insulting to the Prophet Mohammed. According to an NGO, Mohammed Mahdaly, a sociology professor in the High Institute of Social Service in Alexandria, posted a video on his personal Facebook account that mocked the Prophet Mohammed, which resulted in the Ministry of Higher Education suspending Mahdaly. On February 24, the Ministry of Awqaf suspended well-known al-Azhar cleric Abdullah Rushdy for a post on social media in which he suggested that a Christian cardiac surgeon would not enter heaven due to his religious affiliation. In March, Islamic scholar Dr. Haitham Talaat posted a video online in which he said atheists were social outcasts, infidels, and apostates and were worse than terrorists or armed robbers.

U.S. officials, including the Ambassador, other embassy representatives, senior Department of State officials, and the acting Administrator of the U.S. Agency for International Development met with government officials and religious leaders to underscore the importance of religious freedom and equal protection of all citizens before the law. Throughout the year, embassy representatives met with the Grand Mufti, the Grand Imam of al-Azhar, Coptic Orthodox Pope Tawadros II, bishops and senior pastors of the Coptic Orthodox, Protestant and Anglican churches, and the Jewish community. In the meetings, embassy officials raised the importance of the need for accountability for sectarian violence, protections for victims of sectarian attacks, and concerns about religious discrimination, including through the inclusion of official religious designations on national identity cards. They also discussed progress on issues such as legalization and construction of churches, and the restoration and protection of Islamic, Christian, and Jewish religious sites.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution specifies Islam as the state religion and the principles of sharia as the main source of legislation. The constitution states that “freedom of belief is absolute” and “the freedom of practicing religious rituals and establishing worship places for the followers of Abrahamic religions is a right regulated by law.” The constitution prohibits discrimination on the basis of religion and makes “incitement to hate” a crime. The constitution prohibits political activity or the formation of political parties on the basis of religion.

The government officially recognizes Sunni Islam, Christianity, and Judaism and allows only their adherents as defined by the government to publicly practice their religion and build houses of worship. The constitution states that al-Azhar is “the main authority in theology and Islamic affairs” and is responsible for spreading Islam, Islamic doctrine, and the Arabic language in the country and throughout the world. The Grand Imam is elected by al-Azhar’s Council of Senior Scholars and is officially appointed by the President for a life term. The President does not have the authority to dismiss him. The constitution declares al-Azhar to be an independent institution and requires the government to provide “sufficient funding for it to achieve its purposes.”

According to the law, capital sentences must be referred to the Grand Mufti, the country’s highest Islamic legal official, for consultation before they can be carried out. The Grand Mufti’s decision in these cases is consultative and nonbinding on the court that handed down the sentence.

The constitution stipulates the canonical laws of Jews and Christians form the basis of legislation governing their personal status, religious affairs, and selection of spiritual leaders. Individuals are subject to different sets of personal status laws (regarding marriage, divorce, inheritance, etc.) depending upon their official religious designation. The Ministry of Interior issues national identity cards that include official religious designations. Designations are limited to Muslim, Christian, or Jewish citizens. Although the government designates Jehovah’s Witnesses as “Christian” on identity cards, a presidential decree bans their religious activities. Since a 2009 court order, Baha’is are identified by a dash. The Minister of Interior has the authority to issue executive regulations determining what data should be provided on the card.

Neither the constitution nor the civil or penal codes prohibit apostasy from Islam, nor efforts to proselytize. The law states individuals may change their religion. However, the government recognizes conversion to Islam, but generally not from Islam to any other religion. The government recognizes conversion from Islam for individuals who were not born Muslim but later converted to Islam, according to a Ministry of Interior decree pursuant to a court order. Reverting to Christianity requires presentation of a document from the receiving church, an identity card, and fingerprints. After a determination is made that the intent of the change – which often also entails a name change – is not to evade prosecution for a crime committed under the Muslim name, a new identity document should be issued with the Christian name and religious designation. In those cases in which Muslims not born Muslim convert from Islam, their minor children, and in some cases adult children who were minors when their parents converted, remain classified as Muslims. When these children reach the age of 18, they have the option of converting to Christianity and having that reflected on their identity cards.

Consistent with sharia, the law stipulates Muslim women are not permitted to marry non-Muslim men. Non-Muslim men who wish to marry Muslim women must convert to Islam. Christian and Jewish women are not required to convert to Islam in order to marry Muslim men. A married non-Muslim woman who converts to Islam must divorce her husband if he is not Muslim and is unwilling to convert. If a married man is discovered to have left Islam, his marriage to a woman whose official religious designation is Muslim is dissolved. Children from any unrecognized marriage are considered illegitimate.

A divorced mother is entitled to custody of her son until the age of 10 and her daughter until age 12, unless one parent is Muslim and the other is not, in which case the Muslim parent is awarded custody.

The law generally follows sharia in matters of inheritance. In 2017, however, an appellate court ruled applying sharia to non-Muslims violated the section of the constitution stating that personal status matters for Christian and Jewish communities are governed by their respective religious doctrine.

According to the penal code, using religion to promote extremist thought with the aim of inciting strife; demeaning or denigrating Islam, Christianity, or Judaism; or harming national unity carries penalties ranging from six months to five years’ imprisonment.

There are four entities currently authorized to issue fatwas (religious rulings binding on Muslims): the al-Azhar Council of Senior Scholars, the al-Azhar Islamic Research Center, the Dar al-Iftaa (House of Religious Edicts), and the Ministry of Awqaf’s General Fatwa Directorate. Previously part of the Ministry of Justice, Dar al-Iftaa has been an independent organization since 2007.

Islamic, Christian, and Jewish denominations may request official recognition from the government, which gives a denomination the right to be governed by its canonical laws, practice religious rituals, establish houses of worship, and import religious literature. To obtain official recognition, a religious group must submit a request to the Ministry of the Interior’s Religious Affairs Department. The department then determines whether the group poses a threat to national unity or social peace. As part of this determination, the department consults leading religious institutions, including the Coptic Orthodox Church and al-Azhar. The President then reviews and decides on the registration application.

The law does not recognize the Baha’i faith or its religious laws and bans Baha’i institutions and community activities. The law does not stipulate any penalties for banned religious groups or their members who engage in religious practices, but these groups are barred from rights granted to recognized groups, such as having their own houses of worship or other property, holding bank accounts, or importing religious literature.

The government appoints and monitors imams who lead prayers in licensed mosques and pays their salaries. According to the law, penalties for preaching or giving religious lessons without a license from the Ministry of Awqaf or al-Azhar include a prison term of up to one year, a fine of up to 50,000 pounds ($3,200), or both. The penalty doubles for repeat offenders. Ministry of Awqaf inspectors also have judicial authority to arrest imams violating this law. A ministry decree prevents unlicensed imams from preaching in any mosque, prohibits holding Friday prayers in mosques smaller than 80 square meters (860 square feet), bans unlicensed mosques from holding Friday prayer services (other prayer services are permitted), and pays bonuses to imams who deliver Friday sermons written and disseminated by the Ministry of Awqaf. Ministry personnel monitor Friday sermons in major mosques, and an imam who fails to follow the guidelines for ministry sermons may lose the bonus and be subject to disciplinary measures, including potentially losing his preaching license.

The Prime Minister has the authority to stop the circulation of books that “denigrate religions.” Ministries may obtain court orders to ban or confiscate books and works of art. The cabinet may ban works it deems offensive to public morals, detrimental to religion, or likely to cause a breach of the peace. The Islamic Research Center of al-Azhar has the legal authority to censor and confiscate any publications dealing with the Quran and the authoritative Islamic traditions (hadith) and to confiscate publications, tapes, speeches, and artistic materials deemed inconsistent with Islamic law.

A 2016 law delegates the power to issue legal permits and to authorize church construction or renovation to governors of the country’s 27 governorates. The governor is to respond within four months of receipt of an application for legalization; any refusal must include a written justification. The law does not provide for review or appeal of a refusal, nor does it specify recourse if a governor fails to respond within the required timeframe. The law also includes provisions to legalize existing unlicensed churches. It stipulates that while a request to license an existing building for use as a church is pending, the use of the building to conduct church services and rites may not be prevented. Under the law, the size of new churches depends on a government determination of the “number and need” of Christians in the area. Construction of new churches must meet specific land registration procedures and building codes and is subject to greater government scrutiny than that applied to the construction of new mosques.

Under a separate law governing the construction of mosques, the Ministry of Awqaf approves permits to build mosques. A 2001 cabinet decree includes a list of 10 provisions requiring that new mosques built after that date must, among other conditions, be a minimum of 500 meters (1,600 feet) from the nearest other mosque, have a ground surface of at least 175 square meters (1,884 square feet), and be built only in areas where “the existing mosques do not accommodate the number of residents in the area.” The law does not require Ministry of Awqaf approval for mosque renovations.

In public schools, Muslim students are required to take courses on “principles of Islam” and Christian students are required to take courses on “principles of Christianity” in all grades. Schools determine the religious identity of students, and the religious studies courses they should take, based on official identity card designations, not personal or parental decisions. Students who are neither Muslim nor Christian must choose one or the other course; they may not opt out or change from one to the other. A common set of textbooks for these two courses is mandated for both public and private schools, including parochial schools. Al-Azhar maintains a separate school system that serves an estimated two million students from kindergarten through secondary school using its own curriculum.

The penal code criminalizes discrimination based on religion and defines it as including “any action, or lack of action, that leads to discrimination between people or against a sect due to… religion or belief.” The law stipulates imprisonment, a fine of no less than 30,000 pounds ($1,900) and no more than 50,000 pounds ($3,200), or both, as penalties for discrimination. If the perpetrator is a public servant, the law states that the imprisonment should be no less than three months and the fine no less than 50,000 pounds ($3,200) and no more than 100,000 pounds ($6,400).

Customary reconciliation is a form of dispute resolution that predates modern judicial and legal systems and is recognized in the law in instances that do not involve serious crimes such as homicide, serious injury, or theft. Customary reconciliation sessions rely on the accumulation of a set of customary rules to address conflicts between individuals, families, households, or workers and employees of certain professions. Parties to disputes agree upon a resolution that typically contains stipulations to pay an agreed-upon amount of money for breaching the terms of the agreement.

Al-Azhar and the Coptic Orthodox Church formed the Family House (Beit al-A’ila) in 2011 to address sectarian disputes through communal reconciliation. With Family House branches throughout the country, al-Azhar, the Coptic Orthodox Church, and other Christian denominations bring together opposing parties to a sectarian dispute with the goal of restoring communal peace through dialogue. The Family House, however, is not uniformly active. Muslim and Christian religious leaders said that in some areas, such as Assiut, the Family House is quite active, while in others, such as Cairo and Alexandria, it has become largely inactive.

The government recognizes only the marriages of Christian, Jewish, and Muslim citizens with documentation from a cleric and does not recognize civil marriage for citizens. Marriages of Shia are recognized as Muslim. The government recognizes civil marriages of individuals from other religious groups, such as Jehovah’s Witnesses, Hindus, and members of the Church of Jesus Christ, if one or both are foreigners. Authorities deny Baha’is the rights of married couples pertaining to inheritance, divorce, and sponsoring a foreign spouse. In practice, however, Baha’is are able to file individual petitions for recognition of their marriages in civil court.

In matters of family law, when spouses are members of the same religious denomination, courts apply that denomination’s canonical laws. In cases where one spouse is Muslim and the other a member of a different religion, both are Christians but members of different denominations, or the individuals are not clearly a part of a religious group, the courts apply sharia.

Sharia provisions forbidding adoption apply to all citizens. The Ministry of Social Solidarity, however, manages a program called “Alternative Family” which recognizes permanent legal guardianship if certain conditions are met, including requirements that the guardians share the same religion as the child and have been married to one another for a minimum of five years.

The quasi-governmental National Council for Human Rights, whose members are appointed by parliament under a 2016 law, is charged with strengthening protections, raising awareness, and ensuring the observance of human rights and fundamental freedoms, including religious freedom. It also is charged with monitoring enforcement and application of international agreements pertaining to human rights. The council’s mandate includes investigating reports of alleged violations of religious freedom.

According to the constitution, “No political activity may be engaged in, or political parties formed, on the basis of religion, or discrimination based on sex, origin, sect, or geographic location.

The constitution mandates that the state eliminate all forms of discrimination through an independent commission to be established by parliament. However, as of year’s end, parliament had not acted to implement the mandate.

The country is a party to the International Covenant on Civil and Political Rights but declared in a reservation that it became a party considering that the provisions of the covenant do not conflict with sharia.

On February 24, the government executed eight men at Borg al-Arab Prison in Alexandria for their role in attacks on churches in Alexandria and Tanta on Palm Sunday, 2017, that resulted in 88 deaths. The men were among a group of 17 defendants who were tried and sentenced to death in 2018 for their involvement in these and other attacks.

On June 2, the Giza Criminal Court sentenced seven defendants to 15 years’ imprisonment each on charges of membership in a banned group, possession of firearms, setting fire to a religious establishment, and other charges for their roles in the arson attack on the Kafr Hakim Church in Kerdasa in Giza Governorate in 2013. On September 17, the Court of Cassation ordered that an additional 22 defendants, who in 2018 were each sentenced to 10 years’ imprisonment for the attack on the church, have their sentences reduced to between two and five years’ imprisonment.

On June 27, the Cairo Institute for Human Rights Studies condemned the continued detention of human rights advocate Ramy Kamel Saied Salid and other activists. Authorities originally arrested Kamel in November 2019 following his application for a Swiss visa to speak at a UN forum in Geneva, where he had previously presented issues affecting the Coptic community. The government charged him with joining a banned group and spreading false news. On December 6, a Cairo court renewed his detention for 45 days.

On August 22, authorities arrested Reda Abdel-Rahman, a teacher in Kafr Saqr in Sharqia Governorate and member of the Quranists (Quraniyyun), who believe that the Quran is the sole source of Islamic law and reject the authenticity and authority of the hadith (the body of sayings and traditions attributed to the Prophet Mohammed). In September, press and NGOs reported that authorities were investigating Abdel-Rahman for joining ISIS, adopting takfiri extremist ideas, and promoting those ideas in print, based on papers seized from his residence at the time of his arrest. According to the NGO Egyptian Initiative for Personal Rights (EIPR), security officers questioned Abdel-Rahman and seven of his relatives arrested at the same time about their relationship with Quranist leader Dr. Ahmed Sobhi Mansour and their adoption of Quranist principles before releasing the seven relatives. EIPR called for Abdel-Rahman’s release and for dropping the charges against him. On December 31, authorities renewed Abdel-Rahman’s detention.

On January 11, the Minya Criminal Court sentenced three defendants in absentia to 10 years’ imprisonment each for a 2016 attack on Souad Thabet, a Christian who was stripped and dragged through her village of Karm in Minya, in response to rumors that her son had an affair with the wife of a Muslim business partner. Authorities originally charged four persons with attacking Thabet and another 25 with attacking Thabet’s home and six other homes owned by Christians. According to the newspaper al-Masry al-Youm, Thabet welcomed the convictions and praised President al-Sisi for his public support for her and her family. Three defendants, sentenced in absentia, surrendered to authorities and faced automatic retrial on the same charges in the Minya Criminal Court. (The status of the fourth defendant remained unknown.) After announcing that it would hand down its verdict on August 24, the Minya Criminal Court ordered the case returned to the Beni Suef Criminal Court, which acquitted the three men on December 17. The same day, the Public Prosecutor ordered the formation of a technical committee to review and challenge the acquittal. The Egyptian Commission for Rights and Freedoms told the al-Monitor news website the verdict demonstrated the deep-rooted bias within the judicial system against Christians. According to an analyst of customary reconciliation sessions from EIPR, local Christians whose houses had been damaged in the incident agreed to hold a customary reconciliation session with the alleged assailants after facing pressure from the local Muslim community in February.

On June 21, the Economic Misdemeanor Appeals Court in Alexandria rejected an appeal submitted on behalf of atheist activist and blogger Anas Hassan to a February 27 verdict sentencing him to three years’ imprisonment and a fine of 300,000 pounds ($19,100) for managing “The Egyptian Atheists” Facebook page. Authorities arrested Hassan in 2019 for publishing atheist ideas and criticizing the “divinely revealed religions.”

NGOs and press reported that on May 20, authorities assaulted a priest and arrested 14 Copts who were protesting the destruction of their church in Beheira Governorate. The lawyer for the Coptic community said that the church had been used for 15 years before the Abu al-Matamir city council ordered it removed. According to NGOs, after the church opened, local Muslims built a mosque next to the church with the aim of preventing the church from being legalized. According to NGO reports, security forces razed both the church and the adjacent mosque, since both appeared to encroach on agricultural land owned by the state. Church officials later stated that the government was within its rights to dismantle the church.

Although in late 2018 President al-Sisi stated individuals have the “right to worship God” as they see fit or “even worship nothing,” efforts to combat atheism sometimes received official support. In 2019, al-Azhar founded a “Bayan” (Declaration) Unit in its Center for Electronic Fatwa to “counter atheism” and prevent youth from “falling into disbelief.” The Bayan Unit published several social media pieces that were critical of atheism, and on August 25, as part of a training program, al-Azhar organized a workshop on “atheism, its types, and the most important methods of dealing with adherents of its ideas.”

On April 13, authorities in Beheira Governorate detained three Muslim teenagers on suspicion of blasphemy after they posted a video showing one of them smoking while performing prayers. According to local press, the three minors confessed, and said they posted the video to become famous.

On June 27, the State Security Misdemeanor Court in Mashtoul al-Souk in Sharqia Governorate sentenced two men initially arrested in 2019 to one year in prison each for violating laws against “contempt of religions” for spreading and promoting Shia Islam. According to an international NGO, the government based its prosecution of the two men on provisions in the penal code that criminalize the defamation of religion and spreading propaganda “insulting ‘the heavenly [Abrahamic] religions.”

On February 23, an administrative court ordered all Shia websites and television channels closed including the well-known website elnafisbook.com, which belonged to Shia activist Ahmed Rasem al-Nafis, a doctor and professor who converted from Sunni to Shia Islam. The court’s decision followed a lawsuit filed by activist lawyer Samir Sabry, whose office told the press after the decision, “The reasons behind this verdict are based on the dangers of Shiite ideology on Egyptian society and national security, as Shiites in Egypt use religion for political manipulation.” Al-Nafis said the country’s Shia community was not interested in conversions and added, “We are not hurting anyone.” One press report stated that the verdict was issued despite the fact that there are no laws prohibiting the promotion of Shia beliefs and that a 1959 fatwa from al-Azhar recognized the legitimacy of the Shia Jafaari school along with the four main Sunni schools of Islamic jurisprudence.

On August 26, a Port Said criminal court sentenced a man in absentia to 15 years in prison for allegedly “distorting” the text of the Quran after he said he had received a divine revelation. The court convicted the man of producing a “new Quran” in violation of laws that regulate the printing of the Quran.

There were reports of government actions targeting the Muslim Brotherhood, which the government had designated as a terrorist organization, and individuals associated with the group. The government in 2013 banned the Brotherhood’s political party, the Freedom and Justice Party. On August 28, the MOI announced the arrest of Mahmoud Ezzat, acting supreme guide of the Muslim Brotherhood. Ezzat had been a fugitive since 2013 when he was sentenced in absentia to two death sentences and life imprisonment on multiple terrorism-related charges. Following his arrest, the law required he face retrial on those charges. Upon Ezzat’s arrest, Muslim Brotherhood-affiliated sources announced that Ibrahim Mounir, who lives in the United Kingdom, had become the new acting supreme guide.

The Court of Cassation in July upheld a life sentence for Mohammed Badie and five other Muslim Brotherhood leaders convicted for involvement in political violence in 2013. Essam al-Erian, whom the press identified as a senior Muslim Brotherhood leader who served as vice chairman of the Freedom and Justice Party, died of a heart attack in Tora Prison on August 13.

On February 6, security authorities arrested Ahmed Sebaie, who managed a YouTube channel with 404,000 followers that focused on religion. Sebaie produced several videos in which he discussed Christian doctrinal issues, commented on social media posts of atheists, and discussed Islam. After 29 days in detention, authorities released Sebaie without charges. On November 27, authorities arrested Sebaie again after he posted a video discussing the Bible and Christian doctrine to social media and charged him with reading false news and misuse of social media.

On May 5, authorities in Alexandria arrested 10 persons for holding Ramadan night prayers in contravention of the Ministry of Awqaf’s closure of mosques due to the COVID-19 pandemic. All were subsequently released without charges.

On February 2, the director of the Alexandria Ministry of Awqaf ordered a deduction of three months’ salary from preacher Mohammed Kamal Mohammed for failing to adhere to the ministry’s official topic for Friday sermons. In August, the Ministry of Awqaf revoked the preaching license of an al-Azhar preacher after accusing him of membership in the Muslim Brotherhood and calling for violence.

According to the NGO Arab Network for Human Rights Information, imprisoned labor activist Khalil Rizk asked a warden of Tora Prison that he be allowed to attend Coptic Christmas services on January 1. Although authorities told Rizk his request had been approved, they did not allow him to attend Christmas prayers or allow a priest to visit him.

On January 6, EIPR issued a statement criticizing the pace of legalization of churches and subsidiary buildings that had filed applications since 2016 and called for a single, uniform decree granting final legal status to all churches and subsidiary buildings.

According to official statistics, the government approved 478 applications for legalization for churches and related buildings during the year. Since September 2017, it approved 1,800 of the 5,415 pending applications for licensure of churches and related buildings.

According to a report issued by the media center of the cabinet, the government allocated lands during the year to build 10 churches in eight cities (Sadat, New 6th of October, New Beni Suef, Badr, Nasser, and New Sohag). At the May 21 inauguration of Project Good Hope 3 in Alexandria, a complex that will provide housing for 50,000 individuals and feature a centrally located new cathedral and mosque in close proximity, President al-Sisi stated, “The idea is that when we built the schools, the church, and the mosque, our young children will see that we are one country, one people.”

In September, the government announced that it would open and renovate more than 300 mosques in several governorates across the country in September and October. According to press reports, the step came in response to accusations by the Muslim Brotherhood and other opposition groups that authorities had been demolishing mosques in a crackdown on illegal buildings.

A cabinet report stated that the Ministry of Tourism and Antiquities allocated 41 million pounds ($2.61 million) for the Journey of the Holy Family project, a 2,100 mile trail that will extend from Sinai to Assiut, and will include stops at churches, monasteries, and water wells in 11 governorates. Those governorates have provided 448 million pounds ($28.55 million) for related development projects, according to the report.

According to a 2019 report by Minority Rights Group International (MRGI), an international NGO, there continued to be no Shia congregational halls (husseiniyahs) in the country, and Shia Muslims remained unable to establish public places of worship. Members of the Shia community risked accusations of blasphemy for publicly voicing their religious opinions, praying in public, or owning books promoting Shia thought. Shia Muslims said they were excluded from service in the armed services, and from the security and intelligence services.

The press reported that a government committee charged with the seizure of Muslim Brotherhood assets filed a lawsuit in September to confiscate the funds of 89 Muslim Brotherhood members, including the heirs of former President Mohammed Morsi. The court scheduled a hearing for January 2021.

In January, the General Egyptian Book Organization, the government authority that oversees the Cairo International Book Fair (CIBF), announced that it had excluded a number of publishers of Islamic titles from participating in the fair, held in January and February, and barred the sale of several authors for their alleged ties to the Muslim Brotherhood, including Sayyed Qutb, Hassan al Banna, and Youssef Qaradawi. A CIBF representative said publishers were required to submit lists of titles that they intended to display for approval, and security officials reportedly rejected some of the applications submitted by Islamic publishing houses. In a January 25 statement, the chairman of the General Egyptian Book Organization said that it took the actions to “prevent the Muslim Brotherhood from carrying out its activities.” On February 25, the Anti-Defamation League published a letter it had sent to President al-Sisi that condemned the presence of The Protocols of the Elders of Zion, Mein Kampf, and other anti-Semitic literature at the book fair. The General Egyptian Book Authority did not bar the publishers, one of which was affiliated with the government, from participating in the fair or order the books removed, citing the government’s commitment to freedom of speech. The Simon Wiesenthal Center published a letter which stated that the CIBF continued to allow the publisher Dar al-Kitab al-Arabi to display anti-Semitic publications.

On September 26, the Supreme Administrative Court denied an appeal against a 2014 decision by the Alexandria Judicial Court upholding a prohibition of the annual celebration of the birth of Rabbi Yaqoub bin Masoud, also known as Abu Hasira, at his tomb in the Beheira Governorate; ordered the removal of the shrine from the government’s list of Islamic, Jewish, and Coptic antiquities; and rejected a request to move the rabbi’s remains to Israel. The court justified its decision to prohibit the annual celebration, citing “moral offenses and disturbances to public order,” and ruled that the shrine lacked archaeological significance. The government first listed the tomb and the Jewish cemeteries surrounding it as antiquities in 2001. The court ordered the government to inform UNESCO of its decision.

While the Coptic Orthodox Church does not bar participation in government-sponsored customary reconciliation sessions, according to its spokesman, reconciliation sessions should not be used in lieu of application of the law and should be restricted to “clearing the air and making amends” following sectarian disputes or violence. At least one Coptic Orthodox diocese in Upper Egypt continued to refuse to participate in reconciliation sessions, criticizing such sessions as substitutes for criminal proceedings which would address attacks on Christians and their churches. Other Christian denominations continued to participate in customary reconciliation sessions. Human rights groups and some Christian community representatives characterized the practice as an encroachment on the principles of nondiscrimination and citizenship that regularly pressures Christians to retract their statements and deny facts, leading to the dropping of formal criminal charges.

On March 20 and 21, the Coptic Orthodox Church and the Ministry of Awqaf announced the closure of all churches and mosques to curb the spread of COVID-19. Churches and mosques remained closed through August. Religious institutions made concerted efforts to persuade the population to address the spread of COVID-19. On March 29, the Ministry of Awqaf, explaining its decision to close mosques, said that a fundamental goal of Islamic law was to preserve life. On March 15, al-Azhar Council of Senior Scholars, the highest Islamic advisory body, declared it religiously permissible to suspend communal prayers in mosques to curb the spread of the pandemic. On March 17, Grand Mufti Shawky Allam said Egyptians should follow government guidelines on social distancing and hygiene, and on April 1, Dar al-Iftaa issued a fatwa encouraging the distribution of alms to workers affected by COVID-19.

On July 4, the Ministry of Awqaf ordered barriers placed around the tomb of Hussein, the grandson of the Prophet Mohammed, located inside al-Hussein Mosque in Old Cairo, an action the ministry said was intended to stem the spread of COVID-19 after some worshippers kissed the shrine. In previous years, the government closed the room containing the tomb during the three-day Shia commemoration of Ashura.

On January 26, the High Administrative Court upheld a final verdict banning faculty and teaching staff of Cairo University from wearing the niqab (face veil) during classes, putting an end to a case first filed by 80 faculty members in 2015. The ban only applied to lecture halls during classes and did not apply to students. The ban came into force on February 8, with instructions that professors who did not comply were to be prohibited from teaching. On January 30, Ain Shams University issued a similar ban on the niqab for university staff.

The government largely continued to allow Baha’is, members of the Church of Jesus Christ, Jehovah’s Witnesses, and Shia Muslims to worship privately in small numbers but continued to refuse requests for public religious gatherings.

The government continued to ban the importation and sale of Baha’i and Jehovah’s Witnesses literature and to authorize customs officials to confiscate their personally owned religious materials.

According to local media, on May 30, the Supreme Administrative Court dissolved the Islamist Building and Development Party based on an allegation of the Political Parties Affairs Committee, which oversees political parties, that the party was affiliated with an Islamist group in violation of the law. While authorities did not ban other Islamist parties, including the Strong Egypt Party, they added Abdel Moneim Aboul Fotouh, leader of the Strong Egypt Party, to a list of designated terrorists on November 19.

The Minister of Immigration and Expatriate Affairs was the only Christian in the cabinet. The governors of the Damietta and Ismailia governorates are Christian, as is a deputy governor of Alexandria Governorate. The governor of Damietta was the country’s first female Christian governor. The electoral laws governing the 2020 House of Representatives elections reserved 24 seats for Christian candidates in the closed-list portion of the electoral system. Three Christians won elections as independent candidates to the House of Representatives in November. In addition, 17 Christian senators and two Christian representatives were elected, and President al-Sisi appointed seven Christian senators. President al-Sisi has approximately five senior Christian advisors.

Christians reported being underrepresented in the military and security services, and they stated that those admitted at entry levels of government face limited opportunities for promotion to the upper ranks.

No Christians served as presidents of the country’s 27 public universities. The government barred non-Muslims from employment in public university training programs for Arabic-language teachers, stating as its reason that the curriculum involved study of the Quran.

The government generally permitted foreign religious workers in the country. Sources continued to report, however, that some religious workers were denied visas or refused entry upon arrival without explanation.

The Ministry of Education and Technical Education continued to develop a new curriculum that included increased coverage of respect for human rights and religious tolerance. In the fall, third grade students began instruction using revised textbooks under the new curriculum. On September 8, Minister of Education Tarek Shawki said in a press conference that President al-Sisi directed third grade classes to begin universal instruction from the book Values and Respect for Others, a text to teach ethics drawn from Islamic and Christian religious traditions.

On February 18, the cabinet announced that the Ministry of Social Solidarity, in cooperation with the Supreme Committee for Confronting Sectarian Incidents and the Ministries of Education and Technical Education, Awqaf, Culture, and Youth and Sports and the National Council of Women, signed eight protocols of cooperation with a number of Muslim and Christian NGOs to launch a program to promote equality in Minya Governorate, a region with a significant Christian population and a history of sectarian tensions. The cabinet announced a budget of 12 million pounds ($765,000) for the program that would target 44 villages.

Grand Imam El-Tayyeb made multiple public references to the Document on Human Fraternity for World Peace and Living Together, which he signed with Pope Francis in 2019, as a framework for “a world full of prosperity, tolerance, peace, and love.” In a January 18 meeting with a delegation of French Catholic bishops, El-Tayyeb said the document’s principles offered a “safe way out of the problems of the East and West.”

In January, the al-Azhar Curricula Development Committee announced that in addition to highlighting unity between Muslims and Christians and the concept of citizenship without distinction to religious belief, new textbooks in the 11,000 schools under its purview would include material based upon the principles of the Document on Human Fraternity. In 2019, the committee announced the introduction of new primary, secondary, and university textbooks that promote religious tolerance.

Al-Azhar continued tracking and countering online statements by ISIS and other extremist groups through the al-Azhar Observatory for Combating Extremism. The observatory’s staff of approximately 100 individuals monitored and offered counterarguments to religious statements on jihadi websites. The center’s website and social media employed several languages to reach foreign audiences, including English, Arabic, Urdu, Swahili, Chinese, and Farsi. Al-Azhar, through the al-Azhar International Academy, also continued to offer courses to imams and preachers in 20 countries on a wide range of subjects related to Islam. Al-Azhar largely curtailed travel and in-person training during the year due to the COVID-19 pandemic but continued to offer training virtually.

In a June 28 meeting with his cabinet, President al-Sisi urged “giving the highest priority to spreading awareness among students of the principles of all religions, including freedom of belief, tolerance and acceptance of differences.” On October 21, after images of the Prophet Mohammed that Muslims widely considered blasphemous were published and displayed in France, the President gave an address to commemorate the Prophet’s birthday during which he said freedom of expression should have limits if it offended more than 1.5 billion people. Al-Sisi said, “We also have rights. We have the right for our feelings not to be hurt and for our values not to be hurt,” adding that he firmly rejected any form of violence in the name of defending religion, religious symbols, or icons.

While the constitution declares al-Azhar an independent institution, its budgetary allocation from the government, which is required by the constitution to provide “sufficient funding for it to achieve its purposes,” was almost 16 billion pounds ($1.02 billion).

Dar al-Iftaa and al-Azhar issued several fatwas and statements permitting and encouraging Muslims to congratulate Christians on their holidays, to assist non-Muslims in need, and to “stop using [religious] beliefs as means to harm or diminish others.” On April 18, Grand Imam El-Tayyeb congratulated Christians on Easter Sunday, stressing the bond of “brotherhood and love” between the country’s Muslims and Christians and highlighting that Christians were “good people (who) set the most wonderful example of solidarity and cohesion in critical moments, especially during this pandemic.”

On May 14, Dar al-Iftaa issued a fatwa stating that it is permissible for Muslims to give zakat (religiously mandated charitable donations) to non-Muslims in need of treatment for COVID-19 or other diseases or to meet any other material needs.

On June 16, Dar al-Iftaa issued a series of statements on social media following the death due to suicide of Sarah Hegazy, an Egyptian lesbian activist, writer, and reported atheist. Dar al-Iftaa wrote that “all heavenly religions” prohibit homosexuality and that atheism was an “intellectual problem” and a “psychological disease” requiring treatment. However, the statement continued, Muslims claiming “with full certainty” that a person “will never enter paradise” were “absolutely wrong, because such judgement of who goes to heaven and who does not is up to Allah.”

Following a government investment of 60 million pounds ($3.82 million), on January 10, the Ministry of Tourism and Antiquities (MOTA) reopened the Eliyahu HaNevi synagogue in Alexandria. Minister of Tourism and Antiquities Khaled al-Anani noted in his remarks at the opening ceremony that “the opening of the Jewish synagogue in Alexandria after its restoration is a message to the world that the Egyptian government cares about the Egyptian heritage of all religions.” On February 14, the government sent a representative to a rededication ceremony of the synagogue honoring 174 members of the diaspora Jewish community from approximately a dozen countries.

On July 20, the government demolished several Islamic cemeteries it said dated from the early 20th century as part of a roadworks project, but denied reports that it had demolished parts of Cairo’s oldest Islamic cemetery, the Mamluk Desert Cemetery. Activists asserted that the tombs were part of the country’s Islamic heritage and that the cost of moving the graves was prohibitive for the families of the deceased.

On January 27 and 28, under the auspices of President al-Sisi, al-Azhar held the International Conference on the Renovation of Islamic Thought attended by Muslim scholars from 47 countries. Al-Azhar announced the opening of a new center for the renewal of Islamic thought during the conference. In remarks made on behalf of President al-Sisi, Prime Minister Mostafa Madbouly urged the acceleration of reforming religious discourse, stressed the importance of countering “bogus” messaging and “pretentious” religious scholars who “hijack the minds of youth,” and called for practical solutions to the problems that divide Muslims. Al-Azhar Grand Imam El-Tayyeb criticized extremist religious thought and what he labeled as distorted and mocking images of Islam in the West. In an accompanying panel discussion, El-Tayyeb and Cairo University president Mohammed al-Khost presented contrasting views of the nature of possible reforms. Khost called for revisiting and revising sharia and the hadith for a modern world, while El-Tayyeb said that Muslims should build on, not abandon, Islamic tradition and attributed extremism in the Islamic world to politics, not to religious heritage.

A columnist in the government-owned newspaper Al-Youm7 wrote that the conference showed that the leaders of al-Azhar were “not concerned with the issue of renewing thought and enlightenment, but rather … in preserving the heritage that enables them to keep their great privileges in power and [to] collect the spoils and remain in the spotlight, using religion as a vehicle.” Former Minister of Culture and public intellectual Gaber Asfour told international press that “The current leadership of al-Azhar does not believe in renewal and is comfortable with the way things are.”

In July, press reported that al-Azhar’s Council of Senior Scholars released a letter it had sent to the parliamentary speaker in February that rejected, on constitutional grounds, a proposed law drafted by the government that would have changed the status of the Dar al-Iftaa and the Grand Mufti, making them independent of al-Azhar. Sources told the press that the main objective of the proposed law was to create a parallel entity to al-Azhar, under the direct control of the government. The draft legislation, introduced in parliament in August, would have granted the President the right to appoint the Mufti. The State Council ruled the draft law was unconstitutional and returned it to parliament where the Religious Affairs Committee withdrew it from further consideration. After the decision to withdraw the bill, Grand Imam Ahmed El-Tayyeb said that the decision to withdraw the bill demonstrated that the country continued to respect its constitution and appreciate its national institutions, including al-Azhar.

On June 22, the Ministry of Awqaf announced the formation of a committee “to counter extremist ideology.” The ministry said the committee was tasked with developing plans to confront extremist thought among ministry preachers and employees.

In 2019, the Ministry of Awqaf announced it would prepare a “unique and distinctive architectural style” for all new mosques in the country, and that in the future, only mosques that complied with approved designs would be granted construction permits. Implementation of the new directive was pending at year’s end.

In 2019, the state-run University of Alexandria and the state-run University of Damanhour established centers of Coptic studies in collaboration with the Coptic Orthodox Church. The institutes include courses on the study of Coptic language, literature, history, and art. The center at the University of Alexandria first began accepting applications in 2019. On March 4, the state-run Zagazig University and the Institute of Coptic Studies in Cairo signed an agreement for institutional cooperation in the fields of art, education, music, and the sciences. The agreement allows for an exchange of library services and publications and jointly held academic conferences.

On July 13, the Cairo Court of Appeals upheld a 2019 lower court ruling granting a Christian woman equal distribution of inheritance with her male siblings and declaring that the case was subject to Christian customary laws of inheritance rather than Islamic law.

On October 15, representatives from the Coptic Orthodox, Evangelical, and Catholic churches submitted a draft unified personal status law to the cabinet, covering such issues as marriage, divorce, and inheritance. In December, senior Coptic Orthodox Church representatives and the press announced that the cabinet had concluded its review of the draft law, which, according to press reports, incorporates and regulates personal status matters that the churches hold in common, while retaining articles specific to the doctrinal teachings of the three denominations.

On February 20, Grand Mufti Shawki Allam met with the World Council of Churches general secretary, Rev. Dr. Olav Fykse Tveit, in the council’s Ecumenical Center in Geneva to discuss promotion of interreligious dialogue and combating extremism.

In January, Mohammed Fayek, president of the National Council for Human Rights, called on parliament to approve two draft laws on equal opportunity and preventing discrimination and to establish the constitutionally mandated independent commission to eliminate all forms of discrimination.

On July 21, Prime Minister Madbouly visited the Greek Orthodox Monastery of Saint Catherine in Sinai, one of the oldest Christian monasteries in the world and a UNESCO World Heritage site, built in the sixth century. On the occasion of the visit, the government announced that it would allocate 40 million pounds ($2.55 million) to restore and develop the monastery and its neighboring city.

Eritrea

Executive Summary

The law and unimplemented constitution prohibit religiously motivated discrimination and provide for freedom of thought, conscience, and belief, as well as the freedom to practice any religion. The government recognizes four officially registered religious groups: the Eritrean Orthodox Tewahedo Church, Sunni Islam, the Roman Catholic Church, and the Evangelical Lutheran Church of Eritrea. Unregistered groups lack the privileges of registered groups, and their members can be subjected to arrest and mistreatment and released on the condition that they formally renounce their faith, although some unregistered groups are allowed to operate, and the government tolerates their worship activities. International nongovernmental organizations (NGOs) and international media continued to report that members of all religious groups were, to varying degrees, subjected to government abuses and restrictions. Members of unrecognized religious groups reported instances of imprisonment and detention without explanation of individuals observing the unrecognized faiths. In December, the government released 28 members of the Jehovah’s Witnesses who had served prison sentences of between five and 26 years, in some cases for refusing compulsory military service. The government did not comment publicly or privately on the releases. In April, the government reportedly arrested 15 Christians engaged in a worship service at a private home, and in June, another 30 persons were arrested at a Christian wedding. There was no information on the whereabouts of the detainees, the conditions under which they were being held, the charges against them, if any, or if they remained in detention. Authorities continued to confine former Eritrean Orthodox Church Patriarch Abune Antonios to house arrest, where he has remained since 2006. International NGOs reported the government continued to detain 345 church leaders and officials without charge or trial, while estimates of detained laity ranged from 800 to more than 1,000. Authorities reportedly continued to detain 24 Jehovah’s Witnesses for conscientious objection and for refusing to participate in military service or renounce their faith. An unknown number of Muslim protesters remained in detention following protests in Asmara in October, 2017 and March, 2018, although at least 101 of these reportedly were released in August. During the year, the government also reportedly released 115 Christian detainees. The government continued to deny citizenship to Jehovah’s Witnesses after stripping them of citizenship in 1994 for refusing to participate in the referendum that created the independent state of Eritrea.

The government’s lack of transparency and intimidation of civil society and religious communities created difficulties for individuals who wanted to obtain information on the status of societal respect for religious freedom. Religious leaders of all denominations and the faithful regularly attended worship services and religious celebrations. Baptisms, weddings, and funerals organized by both recognized and unrecognized religious groups were widely attended, including by senior government officials.

U.S. officials in Asmara and Washington regularly raised religious freedom concerns with government officials throughout the year, including the imprisonment of Jehovah’s Witnesses, lack of alternative service for conscientious objectors to mandatory national service that includes military training, and the continued detention of Patriarch Antonios. A return visit by a U.S. delegation that visited Asmara in 2019 to continue dialogue on these issues was postponed due to the COVID-19 pandemic. U.S. embassy officials met with clergy and other members of religious groups, both registered and unregistered. Embassy officials further discussed religious freedom on a regular basis with a wide range of individuals, including members of the diplomatic corps based in Asmara, in other countries in the region, and UN officials. Embassy officials used social media and outreach programs to engage the public and highlight the commitment of the United States to religious freedom.

Since 2004, Eritrea has been designated a Country of Particular Concern (CPC) under the International Religious Freedom Act of 1998 for having engaged in or tolerated particularly severe violations of religious freedom. On December 2, 2020, the Secretary of State redesignated Eritrea as a CPC and identified the following sanction that accompanied the designation: the existing arms embargo referenced in 22 CFR 126.1(a) pursuant to section 402(c)(5) of the Act. Restrictions on U.S. assistance resulting from the CPC designation remained in place.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The law and unimplemented constitution prohibit religious discrimination and provide for freedom of thought, conscience, and belief and the freedom to practice any religion.

Proclamation 73/1995, which serves as the guiding law on religious issues, calls for separation of religion and state; outlines the parameters to which religious organizations must adhere, including concerning foreign relations and social activities; establishes an Office of Religious Affairs; and requires religious groups to register with the government or cease activities. Some members of religious groups that are unregistered or otherwise not in compliance with the law reportedly continue to be subject to the former provisional penal code, which sets penalties for failure to register and noncompliance. A new penal code was promulgated in 2015 that does not directly address penalties for religious groups that fail to register or otherwise comply with the law, but includes a punishment for “unlawful assembly” of between one and six months’ imprisonment and a fine of 5,001 to 20,000 nakfa ($330-$1,300); however, the new code has not yet been implemented.

The Office of Religious Affairs has authority to regulate religious activities and institutions, including approval of the applications of religious groups seeking official registration. Each application must include a description of the group’s history in the country; an explanation of the uniqueness or benefit the group offers compared with other registered religious groups; names and personal information of the group’s leaders; detailed information on assets; a description of the group’s conformity to local culture; and a declaration of all foreign sources of funding.

The Office of Religious Affairs has registered four religious groups: the Eritrean Orthodox Tewahedo Church, Sunni Islam, the Roman Catholic Church, and the Evangelical Lutheran Church of Eritrea (affiliated with the Lutheran World Federation). While the Baha’i are not one of the four officially recognized religions, they have registered every year since 1959, the year the chapter was established, and have “de facto” recognition from the government. A 2002 decree requires all other religious groups to submit registration applications and to cease religious activities and services prior to approval.

Religious groups must obtain government approval to build facilities for worship.

While the law does not specifically address religious education in public schools, Proclamation 73/1995 outlines the parameters to which religious organizations must adhere, and education is not included as an approved activity. In practice, religious instruction is commonplace within worship communities.

By law, all citizens between ages 18 and 50 must perform 18 months of national service, with limited exceptions, including for health reasons such as physical disability or pregnancy. In times of emergency, the length of national service may be extended indefinitely, and the country officially has been in a state of emergency since the beginning of the 1998 war with Ethiopia. A compulsory citizen militia requires some persons not in the military, including many who had been demobilized from National Service, are elderly, or are otherwise exempted from military service in the past, to carry firearms and attend ad hoc militia training. Failure to participate in the militia or national service may result in detention. Militia duties mostly involve security-related activities, such as airport or neighborhood patrolling. Militia training primarily involves occasional marches and listening to patriotic lectures. The law does not provide for conscientious objector status for religious reasons, nor are there alternative activities for persons willing to perform national service but unwilling to engage in military or militia activities.

The law prohibits any involvement in politics by religious groups.

The government requires all citizens to obtain an exit visa prior to departing the country. The application requests the applicant’s religious affiliation, but the law does not require that information.

The law limits foreign financing for religious groups, including registered groups. The only contributions legally allowed are from local followers, the government, or government-approved foreign sources.

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

In December, the government released 28 members of the Jehovah’s Witnesses who had served prison sentences of between five and 26 years, in some cases for refusing compulsory military service. The government did not comment publicly or privately on the releases.

In April, the government reportedly arrested 15 Christians engaged in a worship service at an individual’s home, and in June, another 30 persons were arrested at a Christian wedding. Local contacts reported some, but not all, were released within a few weeks of arrest. There was no information on the whereabouts of the detainees, the conditions under which they were being held, the charges against them, if any, or if they remained in detention at year’s end.

The International NGO Christian Solidarity Worldwide (CSW) reported that authorities continued to imprison without charge or trial 345 church leaders, including some who had been imprisoned without charge for 23 years, while estimates of the number of detained laity ranged from 800 to more than 1,000. Authorities reportedly continued to detain 24 Jehovah’s Witnesses, more than half of whom had been in prison for more than 20 years, for refusing to participate in military service and renounce their faith. There were unconfirmed reports that at least 101 of Muslim detainees arrested following protests in Asmara in 2017 and 2018 were released.

International media reported that authorities released from prison 22 Christians in July and at least 69 Christians in September. The released prisoners were not allowed to leave the country. According to CSW, those released in September had been in prison between two and 16 years without charge or trial prior to their release.

Eritrean Orthodox Church Patriarch Abune Antonios, who last appeared in public in July, 2017, has remained under house detention since 2006 for protesting government interference in church affairs.

Determining the number of persons imprisoned for their religious beliefs was difficult due to lack of government transparency and the reported intimidation of those who might come forward with such information.

The government continued to single out Jehovah’s Witnesses for particularly harsh treatment because of their blanket refusal to vote in the 1993 referendum on the country’s independence and subsequent refusal to participate in mandatory national service. The government continued to detain Jehovah’s Witnesses and other religious prisoners for failure to follow the law or for national security reasons. Authorities’ treatment of religious prisoners appeared to have been inconsistent. In some prisons, religious prisoners reportedly were not allowed to have visitors, but in others, visitors were allowed. Former prisoners held for their religious beliefs continued to report harsh detention conditions, including solitary confinement, physical abuse, and inadequate food, water, and shelter. Other former religious prisoners reported acceptable conditions, adequate food, and no physical abuse.

Religious groups were able to print and distribute documents only with the authorization of the Office of Religious Affairs, which continued to approve requests only from the four officially registered religious groups.

The government continued to impose restrictions on proselytizing, accepting external funding from international NGOs and international organizations, and groups selecting their own religious leaders. Unregistered religious groups also faced restrictions in gathering for worship, constructing places of worship, and teaching their religious beliefs to others, although they reported that in many cases the government unofficially allowed them to worship in private homes as long as it was done discreetly.

The government, which has not approved the registration of additional religious groups since 2002, stated that it is willing to register new religious groups. A representative of the Office of Religious Affairs said that the office had received applications since 2002 but that all had been “defective.” Unrecognized religious groups expressed fear that applying would open them to further repression.

Jehovah’s Witnesses were largely unable to obtain official identification documents, which left many of them unable to study in government institutions and barred them from most forms of employment, government benefits, and travel.

Arrests and releases often went unreported. Information from outside the capital was extremely limited. Independent observers stated many persons remained imprisoned without charge.

The government continued to detain without due process persons associated with unregistered religious groups, occasionally for long periods, and sometimes on the grounds of threatening national security, according to minority religious group members and international NGOs.

Religious observers continued to report the government denied many exit visa applications for individuals seeking to travel to international religious conferences. According to a report by the European Asylum Support Office, the issuance of exit visas was inconsistent and did not adhere to any consistent policy; members of unrecognized religious communities could be denied exit visas solely on the basis of their religious affiliation. Commercial air service was suspended from March through year’s end due to the COVID-19 pandemic, making it impossible for most citizens to acquire exit visas.

The government continued to ban all other practices of Islam other than Sunni Islam.

Official attitudes differed toward members of unregistered religious groups worshipping in homes or rented facilities. Some local authorities reportedly tolerated the presence and activities of unregistered groups, while others attempted to prevent them from meeting. Local authorities sometimes denied government ration coupons to Jehovah’s Witnesses and members of Pentecostal groups. Some religious prisoners reported they were allowed to worship together in prison as long as they did so quietly.

Diaspora groups reported authorities controlled directly or indirectly virtually all activities of the four formally recognized groups. The leaders of the four groups continued to say that their officially registered members did not face impediments to religious practice. Individuals also reported restrictions on clergy meeting with foreign diplomats.

Most places of worship unaffiliated with the four officially registered religious groups remained closed to worship, but many of those buildings remained physically intact and undamaged. Religious structures formerly used by the Jewish and Greek Orthodox communities in Asmara have been preserved. The government protected the historic synagogue, which was maintained by the last Jew known to be remaining in the country. The Greek Orthodox Church remained open as a cultural building, and as there is no longer a Greek Orthodox community, members of the Eritrean Orthodox Tewahedo Church sometimes held religious services on the site. Other structures belonging to unregistered groups, such as the Church of Christ, remained shuttered. The government allowed the Baha’i center in Asmara to remain open, and the members of the center had unrestricted access to the building. A Baha’i temple outside of Asmara was allowed to operate. Other unregistered groups, including Seventh-day Adventists and the Faith Mission Church, operated to some degree and contributed to the government’s COVID-19 fund. The Anglican Church building held services, but only under the auspices of the registered Evangelical Lutheran Church.

Some church leaders continued to state the government’s restriction on foreign financing reduced church income and religious participation by preventing churches from training clergy or building or maintaining facilities.

Government control of all mass media, as well as a fear of imprisonment or other government actions, continued to restrict the ability of unregistered religious group members to bring attention to government actions against them, according to observers. Restrictions on public assembly and freedom of speech severely limited the ability of unregistered religious groups to assemble and conduct worship in a designated place of worship, according to group members.

Observers noted that the government exerted significant direct and indirect influence over the appointment of heads of recognized religious communities, including the Eritrean Orthodox Church and the Sunni Islamic community, and some international NGOs said that authorities directly controlled the appointments. The government denied this, stating these decisions were made entirely by religious communities. The sole political party, the People’s Front for Democracy and Justice (PFDJ), led by President Isaias Afwerki, de facto appointed both the acting head of the Sunni Islamic community and the acting head of the Eritrean Orthodox Tewahedo Church, as well as some lower level officials for both communities. Observers said that since the 2017 death of the former mufti, Sheik Alamin Osman Alamin, the executive director of the mufti office, Sheik Salim Ibrahim al-Muktar, who was seen by observers as friendly to the government, in effect was acting as head of the Islamic community.

The Eritrean Orthodox Tewahedo Church remained without a patriarch since the 2015 death of the fourth patriarch, Abune Dioskoros. Lay administrators appointed by the PFDJ managed some church operations, including disposition of donations and seminarian participation in national service.

COVID-19-related travel restrictions, including the closure of the airport in March, prevented Eritreans from taking part in travel abroad for religious reasons and hosting clerics from abroad. The government generally did not permit Muslim groups to receive funding from countries where Islam was the dominant religion on grounds that such funding threatened the importation of foreign “fundamentalist” or “extremist” tendencies.

Prior to the COVID-19 pandemic, the government continued to grant some visas permitting Catholic dioceses to host visiting clergy from the Vatican or other foreign locations. However, the Catholic Church reported that in February, officials barred Ethiopian Cardinal Berhaneyesus Souraphiel and his delegation from entering the country after they arrived in Asmara at the invitation of Archbishop Menghesteab Tesfamariam. According to the BBC, the officials stated they were following orders from those “higher up” not to permit the delegation to enter the country. The delegation was forced to spend the night at the airport and return to Ethiopia the next day. Delegation members said they had one-month visas and did not know the reason authorities turned them away.

The government permitted Catholic clergy to travel abroad for religious purposes and training, although not in numbers church officials considered adequate; they were discouraged from attending certain religious events while overseas. Students attending Roman Catholic seminaries, as well as Catholic nuns, did not perform national service and did not suffer repercussions from the government, according to Church officials. Some Catholic leaders stated, however, that national service requirements prevented adequate numbers of seminarians from completing theological training abroad, because those who had not completed national service were not able to obtain passports or exit visas.

While the overwhelming majority of high level officials, both military and civilian, were Christian, four ministers in the 17-member cabinet, the Asmara mayor, and at least one senior military leader were Muslims.

The government, through National Service, the Warsay Yikealo Secondary School at Sawa that all 12th graders attended, and official party doctrine promoted a sense of national citizenship above religious sectarianism and stated that it does not officially prefer any religion.

Hong Kong

Read A Section: Hong Kong

China | Tibet | Xinjiang | Macau

Executive Summary

The Basic Law of the Hong Kong Special Administrative Region (SAR) as well as other laws and policies state that residents have freedom of conscience, freedom of religious belief, and freedom to preach, conduct, and participate in religious activities in public. The Bill of Rights Ordinance incorporates the religious freedom protections of the International Covenant on Civil and Political Rights (ICCPR). On June 30, the People’s Republic of China (PRC) imposed a broad National Security Law (NSL) for the SAR with the stated aim of combating secession, subversion, terrorism, and collusion with foreign powers. Religious leaders and advocates stated that religious freedom remained unchanged during the year, although they expressed concerns about possible future encroachment by PRC authorities. Religious leaders expressed no public reaction in February when the PRC appointed as the new Hong Kong and Macau Affairs Office chief, Xia Baolong, who in 2014 led a suppression campaign against local churches in mainland China’s Zhejiang Province. Sources said most Christian denominations were internally divided on the NSL, with some viewing it as a necessary measure for stability that did not encroach upon religious freedom, and others viewing it as a threat to civil liberties and religious freedom. Other religious leaders said they and their institutions preferred to stay neutral. Cardinal John Tong, leader of the Catholic Church of Hong Kong, who described the NSL as “understandable,” said the NSL would not curtail religious freedom; other religious leaders made similar comments. Tong’s predecessor, Cardinal Joseph Zen, and some other Christian leaders said they were concerned the law would enable the government to curtail religious liberty and freedom of expression in the name of combating subversion. One Protestant leader said the law’s ambiguous wording meant churches raising funds from overseas were open to accusations of colluding with foreign powers and money laundering. Although in-person services were not permitted for much of the year due to COVID-19 restrictions, the government granted churches permission to resume in-person or hybrid (in-person/online) services when health restrictions were lifted. Authorities did not curtail activities of Falun Gong practitioners during the year, but the Hong Kong Falun Dafa Association said it was concerned practitioners could be accused of “subversion of state power” under the NSL and sentenced to prison for activities that were currently permitted, including criticizing the PRC’s persecution of practitioners in mainland China. In May, a phishing campaign targeted Hong Kong Catholic Diocese leadership using a method “typically associated with Chinese state groups.” In an August letter to principals and supervisors of Catholic primary and secondary schools, the Catholic Diocese of Hong Kong episcopal delegate for education, Peter Lau, urged them to guard against campus politicization and to “foster the correct values on their national identity, consistent with the Catholic teaching.” In December, police froze the bank accounts, raided two buildings, and arrested two members of the Good Neighbor North District Church, saying the church was under investigation for money laundering and fraud related to a crowd-funding campaign. Police said they froze the church’s assets because the church had underreported donations. The church pastor said the raid and asset freezes were in retaliation for church members’ support for prodemocracy protestors in 2019.

Falun Gong practitioners reported some incidents of harassment and vandalism at public information booths. Religious observers and practitioners stated groups were able to worship in line with their religious norms and without incident. Due to the COVID-19 pandemic, many groups moved observances online or made provisions within their physical organizations to allow in-person observations while strictly following health precautions. Observers reported Christian churches in Hong Kong provided underground churches in mainland China with spiritual and monetary support – including Bibles and Christian literature and visits from church members – until their shared border closed due to COVID-19 health restrictions. Some churches reported they were able to conduct cross-border online services, while others, including the Catholic Church, reported PRC authorities prohibited attending their online services.

The U.S. consulate general affirmed U.S. government support for protecting freedom of religion and belief in meetings with public officials, religious leaders, and community representatives. In September, the Secretary of State said imposition of the NSL could be used to repress religious believers.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The Basic Law states residents have freedom of conscience; freedom of religious belief; and freedom to preach, conduct, and participate in religious activities in public. The Basic Law also states the government may not interfere in the internal affairs of religious organizations or restrict religious activities that do not contravene other laws. The Basic Law calls for ties between the region’s religious groups and their mainland counterparts based on “nonsubordination, noninterference, and mutual respect.” The Basic Law states that religious organizations “may maintain and develop their relations with religious organizations and believers elsewhere.”

The Bill of Rights Ordinance incorporates the religious freedom protections of the ICCPR, which include the right to manifest religious belief individually or in community with others, in public or private, and through worship, observance, practice, and teaching. The Bill of Rights Ordinance states persons belonging to ethnic, religious, or linguistic minorities have the right to enjoy their own culture, profess and practice their own religion, and use their own language. The ordinance also protects the right of parents or legal guardians to “ensure the religious and moral education of their children in conformity with their own convictions.” These rights may be limited when an emergency is proclaimed and “manifestation” of religious beliefs may be limited by law when necessary to protect public safety, order, health, or morals, or the rights of others. If a state of emergency is proclaimed, the rights may not be limited based solely on religion.

On June 30, with the support of Chief Executive Carrie Lam, the PRC National People’s Congress (NPC) announced the imposition of an NSL for Hong Kong. The law prohibits secession, subversion, terrorism and “collusion with a foreign country or with external elements to endanger national security.” The law states that it shall override local Hong Kong laws if there are inconsistencies. The NSL states power to interpret the law lies with the NPC Standing Committee, not local Hong Kong courts.

Religious groups are not legally required to register with the government. They must, however, register to receive government benefits such as tax-exempt status, rent subsidies, government or other professional development training, use of government facilities, or a grant to provide social services. To qualify for such benefits, a group must prove to the satisfaction of the government that it is established solely for religious, charitable, social, or recreational reasons. Registrants must provide the name and purpose of the organization, identify its office holders, and confirm the address of the principal place of business and any other premises owned or occupied by the organization. If a religious group registers with the government, it enters the registry of all nongovernmental organizations (NGOs), but the government makes no adjudication on the validity of any registered groups. Religious groups may register as a society, a tax-exempt organization, or both, provided they have at least three members who hold valid SAR identity documents; the registration process normally takes approximately 12 working days. The Falun Dafa Association is registered as a society rather than a religious group; as a society, it may establish offices, collect dues from members, and have legal status.

The Basic Law allows private schools to provide religious education. The government offers subsidies to schools that are built and run by religious groups. Government-subsidized schools must adhere to government curriculum standards and may not bar students based on religion, but they may provide nonmandatory religious instruction as part of their curriculum. Teachers may not discriminate against students because of their religious beliefs. The public school curriculum mandates coursework on ethics and religious studies, with a focus on religious tolerance; the government curriculum also includes elective modules on different world religions.

The NSL includes articles on public education, stipulating that the SAR “shall take necessary measures to strengthen public communication, guidance, supervision and regulation over matters concerning national security, including those relating to schools, universities, social organizations, the media, and the internet.” The NSL states the SAR “shall promote national security education in schools and universities[.]” The SAR and Education Bureau advised that subsidized schools, which include most religious schools, must comply with the NSL.

Religious groups may apply to the government to lease land on concessional terms through Home Affairs Bureau sponsorship. Religious groups may apply to develop or use facilities in accordance with local legislation.

The Chinese Temples Committee, led by the secretary for home affairs, has a direct role in managing the affairs of some temples. The SAR chief executive appoints its members. The committee oversees the management and logistical operations of 24 of the region’s 600 temples and gives grants to other charitable organizations. The committee provides grants to the Home Affairs Bureau for disbursement, in the form of financial assistance to needy ethnic Chinese citizens. The colonial-era law does not require new temples to register to be eligible for Temples Committee assistance.

An approximately 1,200-member Election Committee elects Hong Kong’s chief executive. The Basic Law stipulates the Election Committee’s members shall be “broadly representative.” Committee members come from four sectors, divided into 38 subsectors, representing various trades, professions, and social services groups. The religious subsector is composed of the Catholic Diocese of Hong Kong, the Chinese Muslim Cultural and Fraternal Association, the Hong Kong Christian Council, the Hong Kong Taoist Association, the Confucian Academy, and the Hong Kong Buddhist Association. These six bodies are each entitled to 10 of the 60 seats for the religious subsector on the Election Committee. The religious subsector is not required to hold elections under the Chief Executive Election Ordinance. Instead, each religious organization selects its electors in its own fashion. Each of the six designated religious groups is also a member of the Hong Kong Colloquium of Religious Leaders.

Religious leaders and advocates stated that religious freedom remained unchanged during the year, although they expressed concerns about possible future encroachment by PRC authorities. Religious leaders expressed no public reaction in February when China appointed as the new head of the Hong Kong and Macau Affairs Office Xia Baolong, who in 2014 led a suppression campaign against local churches in mainland China’s Zhejiang Province.

The Catholic News Agency reported that in April, the Justice and Peace Commission of the Diocese of Hong Kong called for the Chinese government to respond to prodemocracy demonstrators’ demands, including an independent inquiry into police tactics.

Sources said most Christian denominations were internally divided on the NSL – some viewed it as a necessary measure for stability that did not encroach upon religious freedom, but others viewed it as a threat to civil liberties and religious freedom. Other religious leaders said they and their religious institutions preferred to stay neutral on the politically polarizing law.

Several Christian groups and religious leaders issued statements and open letters to the government regarding the NSL. After the May announcement that the NPC would pass the NSL, Cardinal Tong, leader of the Catholic Church of Hong Kong, described the NSL as “understandable” and said it would not curtail religious freedom. He stated the Church’s relationship with the Vatican should not be seen as collusion with foreign forces. Anglican Archbishop Paul Kwong said he supported the NSL, stating, “I cherish our Hong Kong freedoms – in particular the freedom of religion and way of life – as much as anyone, and I don’t think this law will change any of that….What I hope the new law will do is diminish the agitation against the government that last year brought things to a standstill, and to restore law and order.”

In June, the Hong Kong Christian Council released a public statement acknowledging the Hong Kong government’s inability to pass its own NSL legislation but calling for the NPC to abide by the principles of the Basic Law and to “fully guarantee human rights and all types of freedoms (including freedom of expression, publication, information, assembly, religion, association, etc.) that have been enjoyed under the one country, two systems principle.” In May, Cardinal Joseph Zen, Cardinal Tong’s predecessor, told the Catholic News Agency that he worried the NSL would be used to subvert freedom of religion in the SAR. According to the NGO International Christian Concern, Chairman of the Hong Kong Baptist Convention Reverend Hing Choi Lo said in a statement to all member churches in May, When the Church thinks it is ‘acting justly and [with] loving mercy,’ but the authorities consider the Church to be overthrowing [the regime], what choices do we have? Do we dance with the authorities’ baton?”

Although in-person services were not permitted for much of the year due to COVID-19 restrictions, churches petitioned directly to the government to resume in-person or hybrid services and did not report any difficulty in getting approval once health restrictions eased.

During the year, Falun Gong practitioners reported they generally were able to operate openly and engage in behavior that remained prohibited in mainland China, including distributing literature, conducting public exhibitions, sharing information about the group on social media, and accessing and downloading online materials. In June, a practitioner in the Hong Kong Falun Dafa Association said the community was fearful. “Falun Gong practitioners take part in activities exposing the CCP’s crimes and encourage Chinese people to renounce the CCP and its affiliated organizations….These activities can all be considered ‘subversion of state power’ under the so-called National Security Law. Falun Gong practitioners could be sentenced to prison for activities that they are now able to freely partake in on a daily basis.” Falun Gong practitioners continued to state they suspected that the CCP funded private groups that harassed them at informational displays. No Falun Gong rallies were permitted during the year due to COVID-19 health restrictions.

In July, the NGO International Christian Concern stated that in May, a phishing campaign targeted leaders of the Catholic Church. According to a malware analyst, the campaign involved a type of malware “typically associated with Chinese state groups.” The malware files made use of “lure documents” associated with the Catholic Church, including communications from Vatican officials and news articles from the Union of Catholic Asian News. The NGO said that as the legitimate documents loaded, malware was installed, allowing the hacker remote access and full control of the victim’s computer.

Media reported in August that in a letter to principals and supervisors of Catholic primary and secondary schools, the Catholic Diocese of Hong Kong episcopal delegate for education Peter Lau told them to guard against campus politicization. The letter stated in part that school authorities should “enhance students’ awareness to national security and [the importance of] abidance to the law, have them learn and respect the national flag, the national emblem and the national anthem and foster the correct values on their national identity, consistent with the Catholic teaching.” Critics on social media accused the Catholic Diocese of pandering to the PRC. Some members of the Catholic Church leadership said adhering to the law did not invalidate the Church’s vision or mission.

In August, the Justice and Peace Commission, comprised of 18 elected bishops, began to solicit donations to place advertisements in media that included a prayer to preserve democracy in Hong Kong. The Catholic Diocese suspended the donation campaign and pulled the advertisements, stating it did not approve of the method of fundraising or the content of the advertisements.

Media reported that on December 8, police froze the bank accounts of the Good Neighbor North District Church, raided two of its buildings and three homeless shelters it ran, arrested two church members, and ordered the arrests of church pastor Roy Chan and his wife, who were abroad. The police said this was done because the church had raised 27 million Hong Kong dollars ($3.5 million) through crowd funding campaigns from June 2019 through September 2020 but had publicly declared raising only one-third of that amount. The church stated the investigation was an “act of political retaliation” because some of its members had formed a group called “Safeguard Our Generation” in 2019 in an attempt to deescalate violent clashes between police and prodemocracy protesters.

In December, Radio Free Asia reported that Reverend Chi Wai Wu, general secretary of the Hong Kong Church Renewal Movement, said, “The wording of the national security law is ambiguous, which means that churches, whether Catholic or Protestant, are now open to accusations of colluding with foreign powers.” He said police were using the law’s vague definition of “money laundering” to target religious groups that garnered overseas donations or host conferences with overseas church groups. Wu said the targeting of the Good Neighbor North District Church sent “shock waves” through religious communities in Hong Kong and that it was likely intended as a warning to them.

India

Executive Summary

The constitution provides for freedom of conscience and the right of all individuals to freely profess, practice, and propagate religion; mandates a secular state; requires the state to treat all religions impartially; and prohibits discrimination based on religion. It also states that citizens must practice their faith in a way that does not adversely affect public order, morality, or health. Ten of the 28 states have laws restricting religious conversions. In February, continued protests related to the 2019 Citizenship Amendment Act (CAA), which excludes Muslims from expedited naturalization provisions granted to migrants of other faiths, became violent in New Delhi after counterprotestors attacked demonstrators. According to reports, religiously motivated attacks resulted in the deaths of 53 persons, most of whom were Muslim, and two security officials. According to international nongovernmental organization (NGO) Human Rights Watch, “Witnesses accounts and video evidence showed police complicity in the violence.” Muslim academics, human rights activists, former police officers, and journalists alleged anti-Muslim bias in the investigation of the riots by New Delhi police. The investigations were still ongoing at year’s end, with the New Delhi police stating it arrested almost equal numbers of Hindus and Muslims. The government and media initially attributed some of the spread of COVID-19 in the country to a conference held in New Delhi in March by the Islamic Tablighi Jamaat organization after media reported that six of the conference’s attendees tested positive for the virus. The Ministry of Home Affairs initially claimed a majority of the country’s early COVID-19 cases were linked to that event. Some members of the ruling Bharatiya Janata Party (BJP) said conference attendees spread COVID-19 “like terrorism,” which politicians and some media outlets described as “Corona Jihad.” Courts across the country dismissed numerous charges filed against Tablighi Jamaat members. Two Christians died in June after being beaten while in police custody for violating the COVID-19 curfews in Tamil Nadu. NGOs reported that nine police officers involved in the incident were charged with murder and destruction of evidence. In June, more than 200 Muslim residents of a village in Uttar Pradesh said they were leaving their homes because of intimidation by state police officials. There were reports by NGOs that the government sometimes failed to prevent or stop attacks on religious minorities. Political party leaders made inflammatory public remarks or social media posts about religious minorities. Attacks on members of religious minority communities, based on allegations of cow slaughter or trade in beef, occurred throughout the year. Such “cow vigilantism” included killings, assaults, and intimidation. Uttar Pradesh police filed charges in 1,716 cases of cow slaughter and made more than 4,000 arrests under the Prevention of Cow Slaughter Act as of August. In October, the Allahabad High Court in Uttar Pradesh ruled that the state Prevention of Cow Slaughter Act “was being misused against innocent persons” and granted bail to a Muslim individual arrested under the act. NGOs, including faith-based organizations, criticized amendments passed in September to the Foreign Contributions Regulation Act (FCRA) as constraining civil society by reducing the amount of foreign funding that NGOs, including religious organizations, could use for administrative purposes and adding onerous oversight and certification requirements. The government said the law strengthened oversight and accountability of foreign NGO funding in the country. In February, the government cancelled the FCRA licenses of five Christian-linked NGOs, cutting off their foreign funding. In September, the NGO Amnesty International India ceased operations in the country after the government froze its bank accounts in response to a FCRA investigation that the NGO says was motivated by its critical reporting against the government. In September, a special Central Bureau of Investigation (CBI) court acquitted all 32 persons, including former BJP politicians, charged in the case of the 1992 demolition of the Babri Masjid Mosque in Ayodhya, Uttar Pradesh. The CBI court ruled that the demolition of the mosque was a “spontaneous act” and there was no evidence of conspiracy.

There were reports of religiously motivated killings, assaults, riots, discrimination, vandalism, and actions restricting the right of individuals to practice and speak about their religious beliefs. In January, during anti-CAA protests in New Delhi, an armed crowd stormed a mosque, killed the muezzin, beat the imam, scattered worshippers, and set the building on fire. In September, media reported that a Hindu woman was beheaded for refusing to convert to Islam after marrying a Muslim; two Muslims were arrested for the crime. The NGO United Christian Forum’s violence monitor stated that attacks on Christians and their places of worship continued to escalate in both number and severity in 2020. The Christian NGO Persecution Relief documented 293 instances of attacks or harassment of Christians in the country in the first half of the year, despite the widespread pandemic lockdown, including six rapes and eight murders. There were 208 incidents during the same period in 2019. In its annual report, the NGO Alliance for Defense of Freedom (ADF) documented 279 instances of violence against Christians during the year, with Uttar Pradesh State reporting 70 incidents and Chhattisgarh State 66. In June, a 14-year-old boy was abducted and killed in the Malkangiri District of Odisha State. Christian organizations attributed the killing to his family’s conversion to Christianity three years earlier. Police arrested two suspects, and four remained at large at year’s end. Some Hindu leaders accused Christian leaders of forcibly converting individuals to Christianity and called for additional anticonversion legislation.

During engagements with the majority and opposition parties, civil society representatives, religious freedom activists, and leaders of various faith communities, U.S. government officials discussed the importance of religious freedom and pluralism, the value of interfaith dialogue, the Muslim community’s concerns about the CAA, and difficulties faced by faith-based and human rights-focused NGOs following the FCRA amendments and allegations that Muslims spread the COVID virus. Throughout the year, the Ambassador met with religious communities, including representatives of the Buddhist, Christian, Hindu, Jain, Jewish, Muslim, and Sikh faiths to discuss their perspectives and concerns. In May, the Ambassador organized a virtual interfaith dialogue during Ramadan in which he emphasized the U.S. government’s commitment to religious freedom. In January, a senior official from the Department of State Bureau of South and Central Asian Affairs held a roundtable with civil society members in New Delhi to discuss interfaith harmony and promoting tolerance. In January, the Consul General in Hyderabad hosted an interfaith event to discuss the importance of mutual respect and combating religious intolerance.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution mandates a secular state and provides for freedom of conscience and the right of all individuals to profess, practice, and propagate religion freely, subject to considerations of public order, morality, and health. It prohibits government discrimination based on religion, including for employment, as well as religiously based restrictions on access to public or private establishments. The constitution states that religious groups have the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in religious matters, and own, acquire, and administer property. It prohibits the use of public funds to support any religion. National and state laws make freedom of religion “subject to public order, morality, and health.” The constitution stipulates that the state shall endeavor to create a uniform civil code applicable to members of all religions across the country.

Federal law empowers the government to ban religious organizations that provoke intercommunal tensions, are involved in terrorism or sedition, or violate laws governing foreign contributions.

Ten of the 28 states in the country have laws restricting religious conversion: Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh and Uttarakhand. Chhattisgarh, Madhya Pradesh, Uttarakhand, and Uttar Pradesh prohibit religious conversion by “force,” “allurement,” or “fraudulent means” and require district authorities to be informed of any intended conversions one month in advance. Himachal Pradesh and Odisha maintain similar prohibitions against conversion through “force,” “inducement,” or “fraud,” and bar individuals from abetting such conversions. Odisha requires individuals wishing to convert to another religion and clergy intending to officiate at a conversion ceremony to submit formal notification to the government.

Violators, including missionaries, are subject to fines and other penalties, such as prison sentences of up to three years in Chhattisgarh and up to four years in Madhya Pradesh if converts are minors, women, or members of Scheduled Castes or Scheduled Tribes. Gujarat mandates prior permission from the district magistrate for any form of conversion and punishes “forced” conversions with up to three years of imprisonment and a fine up to 50,000 rupees ($680). In Himachal Pradesh, penalties include up to two years’ imprisonment, fines of 25,000 rupees ($340), or both. Punishments for conversions involving minors, Scheduled Caste or Scheduled Tribe members, or in the case of Odisha, women, may include prison sentences.

Under Andhra Pradesh and Telangana law, authorities may prohibit proselytizing near places of worship. Punishment for violations may include imprisonment for up to three years and fines up to 5,000 rupees ($68).

The federal penal code criminalizes “promoting enmity between different groups on grounds of religion” and “acts prejudicial to maintenance of harmony,” including acts causing injury or harm to religious groups and their members. The penal code also prohibits “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.” Violations of any of these provisions are punishable by imprisonment for up to three years, a fine, or both. If the offense is committed at a place of worship, imprisonment may be for up to five years.

There are no requirements for registration of religious groups unless they receive foreign funding, in which case they must register under the FCRA. Federal law requires religious organizations registered under the FCRA to maintain audit reports on their accounts and a schedule of their activities and to provide these to state government officials upon request.

Organizations conducting “cultural, economic, educational, religious, or social programs” that receive foreign funding are required to obtain a license under the FCRA. The federal government may also require that licensed organizations obtain prior permission before accepting or transferring foreign funds. The central government may reject a license application or a request to transfer funds if it judges the recipient to be acting against “harmony between religious, racial, social, linguistic, regional groups, castes, or communities.”

Legislation passed in September reduces the amount of funding that NGOs, including religious organizations, may use for administrative purposes from 50 to 20 percent and prohibits NGOs from transferring foreign funds to third parties.

The constitution states that any legal reference to Hindus is to be construed to include followers of Sikhism, Jainism, and Buddhism, meaning they are subject to laws regarding Hindus, such as the Hindu Marriage Act. Subsequent legislation continues to use the word Hindu as a category that includes Sikhs, Buddhists, Baha’is, and Jains, but it identifies the groups as separate religions whose followers are included under the legislation.

Federal law provides official minority-community status to six religious groups: Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists. State governments may grant minority status under state law to religious groups that are minorities in a particular region. Members of recognized minority groups are eligible for government assistance programs. The constitution states that the government is responsible for protecting religious minorities and enabling them to preserve their culture and religious interests.

Personal status laws establish civil codes for members of certain religious communities in matters of marriage, divorce, adoption, and inheritance based on religion, faith, and culture. Hindu, Christian, Parsi, Jewish, and Islamic personal status laws are legally recognized and judicially enforceable. Personal status issues that are not defined for a community in a separate law are covered under Hindu personal status laws. These laws, however, do not supersede national and state legislation or constitutional provisions. The government grants autonomy to the All India Muslim Personal Law Board and the Parsi community to define their customary practices. If law boards or community leaders are not able to resolve disputes, cases are referred to the civil courts.

Interfaith couples and all couples marrying in a civil ceremony are generally required to provide public notice 30 days in advance – including addresses, photographs, and religious affiliation – for public comment, although this requirement varies across states. Hindus, Muslims, Buddhists, Sikhs, or Jains who marry outside their religions face the possibility of losing their property inheritance rights under those communities’ personal status laws.

The law recognizes the registration of Sikh marriages but does not include divorce provisions for Sikhs. Other Sikh personal status matters fall under Hindu codes. Under the law, any person, irrespective of religion, may seek a divorce in civil court.

The constitution prohibits religious instruction in government schools; the law permits private religious schools. The law permits some Muslim, Christian, Sindhi (Hindu refugees), Parsi, and Sikh educational institutions that receive government support to set quotas for students belonging to the religious minority in question. For example, Aligarh Muslim University must admit at least 50 percent Muslims. St. Stephen’s College in Delhi and St. Xavier’s in Mumbai must admit at least 50 percent Christians.

Twenty-four of the 28 states apply partial to full restrictions on bovine slaughter. Penalties vary among states and may vary based on whether the animal is a cow, calf, bull, or ox. The ban mostly affects Muslims and members of Scheduled Castes and Scheduled Tribes that traditionally consume beef. In the majority of the states where bovine slaughter is banned, punishments include imprisonment for six months to two years and a fine of 1,000 to 10,000 rupees ($14-$140). Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years. Gujarat state law mandates a minimum 10-year sentence (the punishment for some counts of manslaughter) and a maximum sentence of life imprisonment (the punishment for premeditated murder of humans) for killing cows, selling beef, and illegally transporting cows or beef.

One state, Madhya Pradesh, sets fines of 25,000 to 50,000 rupees ($340 to $680) and prison sentences of six months to three years for “cow vigilantism,” i.e., committing violence in the name of protecting cows. This is the first law of its kind in the country.

The National Commission for Minorities, which includes representatives from the six designated religious minorities and the National Human Rights Commission, investigates allegations of religious discrimination. The Ministry of Minority Affairs may also conduct investigations. These agencies have no enforcement powers but conduct investigations based on written complaints of criminal or civil violations and submit findings to law enforcement agencies. Eighteen of the country’s 28 states and the National Capital Territory of Delhi have state minorities commissions, which also investigate allegations of religious discrimination.

The constitution establishes the legal basis for preferential public benefit programs for Scheduled Caste or Scheduled Tribe communities and members of the “Other Backward Classes,” a category for groups deemed to be socially and educationally disadvantaged. The constitution specifies only Hindus, Sikhs, or Buddhists are eligible to be deemed members of a Scheduled Caste. As a result, Christians and Muslims qualify for benefits if deemed to be members of “backward” classes due to their social and economic status.

The government requires foreign missionaries to obtain a missionary visa.

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

In February, continued protests and counterprotests related to the CAA devolved into rioting between members of Hindu and Muslim communities in East Delhi, during which 53 people were killed and nearly 400 injured. Two security officials were also killed. The police arrested 1,829 persons in connection with the riots. In its report covering 2020, the NGO Human Rights Watch (HRW) stated that while a police officer and some Hindus were also killed in the rioting, the majority of victims were Muslim. The HRW report also said, “Witness accounts and video evidence showed police complicity in the violence.” In one example reported by The Guardian, Mufti Mohammad Tahir was forcibly removed by police from a mosque near Mustafabad and handed over to a crowd, which beat him unconscious and set fire to the mosque.

Among those arrested in the protests were activist and former Jawaharlal Nehru University student Umar Khalid and Jamia Milia Islamia student and activist Safoora Zargar, both Muslims. The Delhi High Court released Zargar on bail in June for health considerations. On October 22, Khalid told a Delhi court that he was being kept in solitary confinement, which had taken a toll on his “mental and physical health.”

Human rights activists and NGOs said that members of the governing BJP and the Rashtriya Swayamsevak Sangh (RSS) Hindu nationalist organization made inflammatory public remarks about anti-CAA protesters but were not charged by police. HRW said that the violence in Delhi broke out soon after a local BJP politician, Kapil Mishra, demanded that the police clear the roads of protesters. In another example, in a widely viewed video posted online on January 3, Somashekhara Reddy, a state-level BJP member of the Karnataka Legislative Assembly, threatened Muslims protesting the CAA. He said, “We are 80 percent and you [the CAA protesters] are just 17 percent. Imagine what will happen to you if we turn against you.”

On April 9, the Delhi Minorities Commission (DMC) demanded the police take action in response to attacks against Muslims in New Delhi during the CAA protests. The DMC requested a report from the commissioner and unspecified “proper action” from the police over “random arrests” of Muslims in connection with the CAA riots in February. The DMC also asked police to file formal charges against perpetrators for an alleged attack on a mosque in Delhi on April 8. A July report by the DMC said the violence in Delhi was “planned and targeted,” and it found that police were filing cases against Muslims for acts of violence but were not acting against Hindu leaders accused of inciting violence, including municipal-level BJP politicians.

Muslim academics, human rights activists, former police officers, and journalists alleged anti-Muslim bias in the investigation into the riots by Delhi police. The Delhi police commissioner stated that the investigation was being carried out without regard to religion and party affiliation and noted that arrests included almost equal numbers of Muslims and Hindus.

Parliament passed the CAA in December 2019 to provide an expedited path to citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants from Pakistan, Afghanistan, and Bangladesh who had entered the country on or before December 31, 2014. Similarly situated Muslims, Jews, atheists, and members of other faiths from these three countries were excluded from the CAA. As of late 2020, the government had not yet enacted rules to implement the CAA. Domestic and international media, NGOs, religious groups, intellectuals, and some political parties criticized the exclusion of Muslims from the legislation, sparking widespread protests. Activists, NGOs, and political parties filed petitions against the CAA on the grounds that it added a religious qualification to the country’s historically secular citizenship laws. None of the more than 100 legal challenges had been heard by the Supreme Court as of the year’s end. Commentators, members of some political parties, and activists said the CAA was part of an effort to marginalize Muslim communities throughout the country. They also questioned delays in hearing legal challenges to the legislation. The government stated the legislation facilitated naturalization for refugees from religious minorities who had fled neighboring countries due to religious persecution and that Muslims could also apply for citizenship through other mechanisms.

According to AsiaNews, two Christians died in June after being beaten while in police custody for violating COVID-19 pandemic curfews in Thoothukudi District, Tamil Nadu. The victims were a man and his son, who were detained for keeping their shop open beyond restricted hours on June 19. Cardinal Oswald Gracias, president of the Indian Catholic Bishops’ Conference, said to the media, “Such violence from those who should defend citizens is unacceptable. Justice must run its course and punish the guilty.” The All India Catholic Union also called for intervention by the authorities. The NGO International Christian Concern (ICC) reported that four police officers were suspended after the state government opened an investigation. HRW stated that the CBI, which was asked to investigate the deaths following nationwide outrage, charged nine police officers with murder and destruction of evidence in the case.

In September, the Jharkhand Health Ministry ordered administrative action against two doctors who had allegedly declined to provide adequate medical care to Tabrez Ansari, a Muslim who was assaulted by a mob in Jharkhand in 2019 and subsequently died. In August, Ansari’s wife met with Chief Minister of Jharkhand Hemant Soren and requested an expedited trial and enhanced compensation. Some NGOs and media outlets continued to report that lawmakers sometimes denied or ignored incidents of mob violence, lynching, and communal violence. HRW reported that since May 2015, 50 persons had been killed and more than 250 injured in mob attacks, including instances when Muslims were beaten and forced to chant Hindu slogans. HRW reported that in some cases, police failed to investigate these attacks, instead filing criminal cases against witnesses to intimidate them.

Some Hindu community leaders accused Christian community leaders of forcibly converting individuals to Christianity and called for additional anticonversion legislation. According to the ICC, in June, Chief Minister of Haryana State Manohar Lal Khattar announced his intention to add an anticonversion law to the state’s legal code. Such a law had not been passed by year’s end. On August 11, Hindu nationalists attacked four Christian women at a prayer service in Faridabad District of Haryana.

On November 25, Uttar Pradesh State approved a law which would impose penalties of up to 10 years in prison for “unlawful religious conversions” and “interfaith marriages with the sole intention of changing a girl’s religion.” The governor signed the law into effect on November 28, and authorities made their first arrest under the new law on December 2, according to Indian media sources. The suspect, Owais Ahmad, was accused of pressuring a Hindu woman married to another man to leave him, convert to Islam, and marry Ahmad. His case was pending at year’s end. The Uttar Pradesh government had proposed the law after 14 cases were reported in Kanpur of Muslim men concealing their religious identity, allegedly to lure Hindu girls into romantic relationships, marry them, and force them to convert to Islam, a practice commonly referred to as “love jihad” (a derogatory term). In September, Kanpur police established a special team to investigate these cases after 11 instances of forced conversion on the pretext of marriage were reported in one month.

On December 26, Madhya Pradesh State implemented the Madhya Pradesh Freedom of Religion ordinance, replacing the 1968 Freedom of Religion Act. The ordinance requires prior permission from a district official to convert to the spouse’s faith in case of interfaith marriage, with a prison term of up to 10 years for violators. Some NGOs criticized the law for targeting Muslim men wishing to marry or enter into relationships with non-Muslim women. The Chief Minister of Rajasthan State, Ashok Gehlot (Congress Party), said the law was “manufactured by the BJP to divide the nation on communal lines.” BJP politicians, including in states where the law had not been proposed, stated that the legislation was necessary to protect Hindu and Christian women from forced religious conversion.

On March 13, the Delhi High Court rejected a petition by local BJP politician Ashwini Kumar Upadhyay to enact a law in that state to regulate and prevent religious conversions by force or deceit, similar to the anticonversion laws enacted in other states. The court stated that religion is a personal belief and to convert to a different faith was an individual’s choice.

On March 8, according to media reports, police detained a pastor and a group of volunteers from his church for distributing food and medicine to slum residents in Villupuram District, Tamil Nadu. A local Hindu filed a complaint that the church group was proselytizing. The minister and volunteers denied the allegation and said they had been slapped and harassed while in custody at the Marakkanam police station. Police released them with a warning.

According to ADF India, on February 18, a district court in Ratlam acquitted eight Christians who had been accused in 2017 of conspiring to kidnap 60 children and covert them to Christianity in Maharashtra State.

On March 15, a group of Hindus attacked a church service in Pratapgarh, Uttar Pradesh, with hockey sticks and steel rods without intervention from police who were present, according to Pastor Indresh Kumar Gautam. Gautam told media that the Hindus accused the worshippers of increasing Christian conversions in the area. Instead of stopping the attack, police took the pastor, three Christian worshippers, and a non-Christian into custody, Gautam said. The pastor said the non-Christian was released immediately. The other four were held for six hours and released on bail after signing affidavits stating they would not be involved in further Christian conversion activities in the area. Gautam also said that a police officer beat him.

The NGOs ICC and ADF India stated that authorities pursued charges against Christians in several states, most frequently Uttar Pradesh, under religious conversion laws or laws prohibiting “insults” to religion or religious belief, including Section 259A of the national penal code. In September, the ICC reported that eight persons were arrested and several house churches closed in Lakhimpur Khere District. Those arrested were charged under Section 259A and were subsequently released on bail.

On June 6, more than 200 Muslim residents of Taprana village in Shamli town, Muzzafarnagar District, Uttar Pradesh, said they were leaving their homes because of intimidation by state police officials. Villagers told media that a police raid on May 26 prompted them to move. They said police ransacked and looted homes during the raid and arrested a Muslim resident who had returned to the village before his six-month ban for cow slaughter had ended. One witness said this was the fourth such raid in two months.

On September 30, a special CBI court acquitted all 32 persons, including former senior BJP politicians L.K. Advani and Murli Manohar Joshi, charged in the 1992 destruction of the Babri Mosque by Hindu activists in Ayodhya, Uttar Pradesh, which sparked violence that led to an estimated 2,000 deaths, mostly of local Muslim residents. The court ruled that the destruction of the mosque had not been a “preplanned act” and that there was no evidence of a conspiracy to carry it out. Some Muslim organizations pledged to appeal the ruling, and some political analysts noted that the judgment was likely to fuel feelings of discontent and marginalization among the country’s Muslim minority, while others disagreed with the ruling but welcomed a resolution to the divisive case after several decades. NGOs and opposition politicians said the outcome was inconsistent with the Supreme Court’s prior findings and expressed frustration that the court’s judgment meant an absence of accountability for the mosque’s destruction.

In November 2019, the Supreme Court awarded the site where the Babri Mosque had stood to a trust for the purpose of constructing a Hindu temple there and provided five acres of land in the city for the construction of a new mosque. On August 5, Prime Minister Narendra Modi attended the inauguration ceremony for construction of the temple. Some opposition politicians and members of civil society expressed opposition to the Prime Minister’s attending a religious ceremony in an official capacity.

On July 9, a temple and two mosques located on the premises of a Telangana State office complex were damaged during the construction of a new office complex, prompting Hindu and Muslim organizations and political parties to call for reconstruction of the structures. State Chief Minister Chandrashekar Rao said the damage was accidental, expressed regret for the incident, and said the state would construct a new temple and mosques as part of the new complex. In response to a demand from the Christian community, the Chief Minister announced on September 5 that a church would also be built in the new complex.

In October, the Supreme Court accepted the government’s plan to rebuild a smaller temple on the former site of the Guru Ravidas Hindu temple, which had been demolished in August 2019 as part of a government drive against illegal properties. Hindu Dalit groups had protested the demolition and demanded the temple’s reconstruction.

The government and media initially attributed early cases of COVID-19 in the country to a conference held in New Delhi in March by the Islamic Tablighi Jamaat organization after media reported that six conference attendees – including some who had travelled from abroad – had tested positive for the virus after gathering at a large event in contravention of social distancing provisions. The Ministry of Home Affairs initially claimed a majority of the country’s COVID-19 cases were linked to the event. Some studies indicated the event had resulted in an initial spread of COVID-19. A BJP member of the state legislative assembly in Karnataka said the Tablighi Jamaat conference attendees were spreading COVID-19 “like terrorism.” A senior state-level BJP leader in Maharashtra State called the Muslims who attended the conference “human bombs.” Politicians and some media labeled this “Corona Jihad,” which some NGOs said reflected increasing anti-Muslim sentiment.

At a press briefing on April 4, Ministry of Home Affairs Secretary Punya Salila Srivastava said that law enforcement agencies “through a massive effort, had located and placed around 22,000 Tablighi Jamaat workers and their contacts in quarantine.” Most of those quarantined were Muslim. In July, authorities charged conference participants from 34 countries, most of whom were Muslim, for violation of visa conditions and “malicious spreading of COVID-19.” Of 956 Tablighi Jamaat members and foreign nationals detained in Delhi, 249 were granted bail and an additional 132 were released in July. In Uttar Pradesh State, 512 Tablighi Jamaat members were released in June following court orders.

In an online address to the nation on April 26, Mohan Bhagwat, the leader of the RSS, called on Indians not to discriminate against anyone in the fight against COVID-19. In a reference to the March Tablighi Jamaat conference, he asked people not to target members of a “particular community” (i.e., Muslims) “just because of the actions of a few.” Prime Minister Modi tweeted on April 19, “COVID-19 does not see race, religion, color, caste, creed, language or borders before striking. Our response and conduct thereafter should attach primacy to unity and brotherhood.”

On April 3, the Gujarat High Court directed national and Gujarat State officials to submit a list of citizens and foreign nationals who participated in the Tablighi Jamaaat conference and later entered Gujarat. On August 21, the Aurangabad bench of the Mumbai High Court annulled complaints against 29 foreign nationals alleged to have violated their visas by visiting Maharashtra State (where Mumbai is located) after attending the conference. The judges said that authorities had identified and charged the foreigners in order to make them scapegoats. On September 21, during a Gujarat State legislature meeting, Deputy Chief Minister Nitin Patel and other BJP lawmakers in Gujarat said that Tablighi Jamaat members were responsible for the initial spread of COVID-19 in that state.

On September 24, the Nagpur Bench of the Mumbai High Court dismissed a case against eight Burmese Muslims who were charged with engaging in religious activities that contributed to the spread of COVID-19 in Maharashtra State. The eight had visited a mosque in Nagpur just before pandemic restrictions were imposed in March.

On June 17, the Telangana State High Court questioned Hyderabad police on why cases were registered against “a disproportionate number of Muslims” on the charge of violating COVID-19 lockdown restrictions. The court asked the state police chief to submit evidence of action taken against police officials who used excess force on the alleged violators of the lockdown. Police denied that they were targeting Muslims and said their internal investigation showed that all had suffered their injuries “accidentally.”

The NGO Shia Rights Watch said that during the month of Muharram (August 20 to September 17), authorities had restricted Shia processions in areas of Jammu and Kashmir, blocking roads, arresting 200 persons, and injuring 40. Authorities said the processions were in violation of the COVID-19 lockdown orders.

On March 27, police in Kandhamal District of Odisha arrested a pastor and an official of a church on a charge of violating lockdown restrictions and conducting prayers with approximately 60 attendees. The pastor said he was leading the prayer service because it was “the only weapon” against the virus. The two were later released on bail.

On March 29, police in Hyderabad detained a pastor for organizing worship in a church during a COVID-19 lockdown. He was charged with disobeying an order from a public servant and conducting an act likely to spread an infectious disease dangerous to life. The pastor was released on bail; his case remained under investigation at year’s end.

On April 5, police in the Godavari District of Andhra Pradesh dispersed a Sunday church gathering of 150 persons and arrested Pastor N. Vijay Ratnam on a charge of violating lockdown guidelines. On April 8, police in Hyderabad arrested 10 Muslims, including two imams, for violating lockdown restrictions and offering prayers in a mosque. Ratnam and the imams were released on bail; their cases were under routine investigation at year’s end.

On November 5, a National Investigative Agency (NIA) court in Mumbai extended the detention of Stan Swamy, a Jesuit priest and 84-year-old social activist, on sedition charges in connection with a violent demonstration that resulted in several deaths. NIA officers arrested him on October 8 at his residence on the outskirts of Ranchi, Jharkhand, and his communication with others during detention was strictly regulated. Swamy remained in jail at year’s end.

On July 28, according to media reports, the BJP-controlled Karnataka State government removed some lessons on Christianity and Islam from middle school social science textbooks, stating that the move was intended to shorten the curriculum while school sessions were limited due to pandemic restrictions. After strong reaction from the state’s opposition parties, the state government agreed to review the decision. As of the end of the year, the review was pending.

On October 19, the Allahabad High Court in Uttar Pradesh ruled that the state’s Prevention of Cow Slaughter Act “was being misused against innocent persons” and granted bail to a Muslim arrested under the act. Uttar Pradesh police had filed charges in 1,716 cases of cow slaughter and made more than 4,000 arrests under the Prevention of Cow Slaughter Act as of August. According to Uttar Pradesh State government data, the National Security Act (NSA) was also used in some cow slaughter cases; observers said this was to make the charges more serious. Persons detained under the NSA may be held up to 12 months without formal charges.

On March 9, the Gujarat High Court overruled a lower court’s order and allowed two Hindus to sell their property to a Muslim under the terms of the Gujarat Disturbed Areas Act, which mandates that property buyers and sellers of different religions receive prior permission for transactions in specified neighborhoods. The State of Gujarat has the only such law in the country. The court decision was significant, according to the Gujarat Minority Coordination Committee, which monitors human rights in the area, because the Gujarat law in practice often restricted Muslims to buying and selling property in low-income areas.

On August 30, a Hindu man in Gujarat filed a complaint with police objecting to his Parsi neighbor’s selling land to a Muslim and alleging the buyer concealed his religion and forged documents to evade provisions of the Gujarat Disturbed Areas Act. The complaint remained under police investigation at year’s end.

In July, Minister for Minority Affairs Mukhtar Abbas Naqvi stated that cases of triple talaq (the practice by which a Muslim man may immediately divorce his wife by saying the Arabic word talaq three times) had declined by 82 percent since the government passed a bill in 2019 criminalizing the practice. He said the law had nothing to do with religion and had been passed to ensure gender equality by ending an “inhuman, cruel, and unconstitutional practice.”

In February, Chief Justice Sharad Arvind Bobde referred to a seven-judge panel for action a 2016 challenge to a Supreme Court ruling that recognized the minority status of Islamic educational institutions, including Aligarh Muslim University, and their independence in hiring and curriculum decisions. The panel had not ruled on the petition by the end of the year.

On September 15, Uttar Pradesh Chief Minister Adityanath announced that a new museum in Agra would be renamed after the Hindu warrior-king Chhatrapati Shivaji Maharaj instead of in honor of the nation’s historic Muslim Mughal rulers, as had been announced by the previous government in Uttar Pradesh. Adityanath said that the Muslim rulers “cannot be our heroes.”

In September, the national parliament amended the FCRA to prohibit NGOs registered under the act from using more than 20 percent of the foreign funding they receive for administrative expenses. Previously, this limit was 50 percent. The amendment also prohibited FCRA-registered NGOs from transferring their foreign funding to a third party. Opposition parties and NGOs, including faith-based organizations, criticized the amendment and said it was an attempt to muzzle civil society voices. According to HRW, the amendments “added onerous governmental oversight, additional regulations and certification processes, and operational requirements, which would adversely affect civil society groups, and effectively restrict access to foreign funding for small nongovernmental organizations.” The government defended the amendment, stating it strengthened the regulatory mechanism that governs use of foreign funding by NGOs in the country and that NGOs were required to comply with relevant laws.

On February 5, the Ministry of Home Affairs suspended the FCRA licenses of Ecreosoculis North Western Gossner Evangelical in Jharkhand, the Evangelical Churches Association (ECA) in Manipur, the Northern Evangelical Lutheran Church in Jharkhand, and the New Life Fellowship Association Mumbai, preventing the organizations from receiving funds from outside of the country. The ministry said these organizations were engaged in proselytizing, which is a violation for organizations registered under the FCRA.

On September 29, Amnesty International India announced that it was ceasing operations in the country after the government froze its bank accounts in response to an FCRA investigation. The NGO said the government had accused it of violating foreign funding laws in reprisal for its human rights advocacy. In 2018 and 2019, the NGO had documented what were described as numerous hate crime incidents against Christians and Muslims in the country.

On September 15, in response to a petition filed by Jamia Milia Islamia, the Supreme Court suspended broadcasts of a news serial program, Bindas Bol, on the grounds that it was prejudiced against the notion of Muslims joining the Indian civil services and that it “vilified” the Muslim community. The court upheld the suspension in subsequent hearings.

Former Jammu and Kashmir Chief Minister Farooq Abdullah told the media in September that as a result of the central government’s ending the special constitutional status of the territory in 2019 and assuming responsibility for government personnel decisions, an unknown number of Muslim civil servants had been removed from their positions in the territory and replaced by Hindus.

In November, Karnataka member of the legislative council Shantaram Siddi said that members of his Siddi minority group, who are descended from African slaves in Goa, should not be considered members of the Scheduled Tribes, and thus eligible for government benefits, if they converted from Hinduism to Islam or Christianity. He stated that those who converted and received benefits were putting Hindu Siddis at a disadvantage.

Organizations representing members of Dalit communities continued to challenge at the Supreme Court the practice of denying members of lower castes eligibility for educational and job placement programs for those who convert from Hinduism to another religion.

Indonesia

Executive Summary

The constitution provides a guarantee of freedom of religion and the right to worship according to one’s own beliefs but states citizens must accept restrictions established by law to protect the rights of others and, as noted in the constitution, to satisfy “just demands based upon considerations of morality, religious values, security, and public order in a democratic society.” Individuals continued to be detained and received prison sentences for violations of blasphemy laws. In April, police arrested individuals across the country for blasphemy related to social media uploads that included altered lyrics to a popular song about the wife of the Prophet Muhammad. Some local governments imposed local laws and regulations restricting religious observance, such as regulations banning Shia or Ahmadi Islamic practice. In Aceh Province, authorities continued to carry out public canings for sharia violations, such as selling alcohol, gambling, and extramarital affairs, including caning a woman, who received 200 strokes for her extramarital affairs with two men, who each received 100 strokes for their involvement. In Riau Province, a local community had been preventing renovations at a Catholic church until President Joko Widodo’s cabinet became involved in February and mediated the dispute to ensure the renovations could begin. At the national level, government and religious leaders cooperated closely in developing restrictions to cope with the COVID-19 pandemic. However, some disputes occurred between government authorities and religious groups at the local level. In December, a joint ministerial decree outlawed the Islamic Defenders Front (FPI), a group known to observers for violence and religious intolerance, for its violations of law. That same month, police arrested the leader of the FPI for organizing large gatherings in violation of COVID-19 health protocols and for being involved in an altercation that left six FPI members dead. In September, a Christian pastor was killed in Papua Province, with human rights organizations stating that members of the Indonesian Armed Forces (TNI) involved in a conflict with Papuan armed separatists were responsible. In February, local authorities in Bandung, Central Java, organized an interfaith parade that attracted more than 6,000 persons, where government and police officials signed a document stating their intent to support religious tolerance and harmony.

Shia and Ahmadi Muslims reported feeling under constant threat from “intolerant groups.” Anti-Shia rhetoric was common in some online media outlets and on social media. Individuals affiliated at the local level with the Indonesian Council of Ulemas (MUI), a national, quasi-governmental Muslim clerical body, used rhetoric considered intolerant by religious minorities, including Shia and Ahmadi Muslims. There were multiple reports of assaults on Shia Muslims at Shia events. In August, several Islamic organizations associated with the South Sulawesi chapter of the United Islam Community Forum (FUIB) released a statement condemning the Shia community and its plans to commemorate Ashura. In April and May, reports of a “worldwide Jewish conspiracy” spread on social media that claimed Jews, Christians, and communists were using COVID-19 and restrictions on public gatherings to destroy Islam. In March, an interfaith group of representatives from 11 youth wings of the largest religious organizations in the country signed a declaration promoting religious tolerance within the country and internationally.

In October, the U.S. Secretary of State gave a speech at an event hosted by Nahdlatul Ulama, the largest independent Muslim organization in the world, on the importance of religious freedom and pluralism. The Ambassador and embassy and consulate officials advocated for religious freedom with the government, including at the highest levels. Issues raised included actions against religious minorities, closures of places of worship, access for foreign religious organizations, convictions for blasphemy and defamation of religion, the importance of tolerance and rule of law, and the application of sharia to non-Muslims. Members of the U.S.-Indonesia Council on Religion and Pluralism – an organization endorsed by both governments and comprising religious and civil society leaders, academics, and experts from both countries – met with the Ambassador to discuss religious freedom. The embassy and consulates conducted extensive outreach to promote respect for diversity and religious tolerance through events, media interviews, social media initiatives, digital and public-speaking engagements, youth exchanges, and educational programs.

Section II. Status of Government Respect for Religious Freedom

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.

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.

Iran

Executive Summary

The constitution defines the country as an Islamic republic and specifies Twelver Ja’afari Shia Islam as the official state religion. It states all laws and regulations must be based on “Islamic criteria” and an official interpretation of sharia. The constitution states citizens shall enjoy human, political, economic, and other rights, “in conformity with Islamic criteria.” The penal code specifies the death sentence for proselytizing and attempts by non-Muslims to convert Muslims, as well as for moharebeh (“enmity against God”) and sabb al-nabi (“insulting the Prophet or 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 law prohibits Muslim citizens from changing or renouncing their religious beliefs. The constitution also stipulates five non-Ja’afari Islamic schools shall be “accorded full respect” and official status in matters of religious education and certain personal affairs. The constitution states Zoroastrians, Jews, and Christians, excluding converts from Islam, are the only recognized religious minorities permitted to worship and form religious societies “within the limits of the law.” According to the online news service Iran Focus, on September 10, the Supreme Court, for the third time, upheld the death sentence against seven Sunni Muslim prisoners who were charged with “acting against national security,” “propaganda against the state,” and “moharebeh.” On October 4, according to the Kurdistan Press Agency and a Kurdish nongovernment organization (NGO), security forces arrested a prominent Kurdish Sunni imam, Mamousta Rasoul Hamzehpour, in his home in the city of Piranshahr. As of year’s end, his whereabouts and the status of his case remained unknown. The Abdorrahman Boroumand Center for Human Rights in Iran (ABC), a U.S.-based human rights NGO, 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. On October 8, the International Federation for Human Rights (FIDH) released a report on the country’s use of capital punishment, stating, “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 ABC, on October 14, authorities in the Office of the Borazjan City Prosecutor flogged a Christian convert, Mohammad Reza (Yohan) Omidi, 80 times for drinking communion wine. On November 22, NGOs and several media outlets reported that authorities raided the homes of dozens of Baha’is across the country in “simultaneous operations.” On May 28, Radio Farda reported that police in Khuzestan Province said they arrested “14 agents of takfiri (an umbrella term to refer to Sunni dissident groups and Sunni individuals) and separatist groups.” The opposition website Iran Focus stated human rights groups reported that authorities summoned, interrogated, and arrested several religious Sunni teachers, students, and civil activists during the month of Ramadan (which began in late April). NGOs reported that as of October 27, there were 38 Baha’is – 16 men and 22 women – in prison. Twenty-six of them were placed there during the year. In July, a court sentenced seven of eight Christian converts who were arrested in Bushehr in 2019 for spreading “propaganda against the regime.” After sentencing a married couple among the group, the court ruled that, as Christians, the couple were not fit to raise their adopted daughter, who has heart and other health conditions, whom the court viewed as a Muslim. In May, the parliament passed amendments to the Islamic Penal Code, including language 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. On November 9, the Supreme Court rejected an appeal by women’s right activist Saba Kord-Afshari of her prison sentence for protesting the compulsory hijab. On November 1, Iran International and the international human rights news agency 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. In January, NGOs and press reported that the application form for the state-issued national identity card, required for almost all government and other transactions, would only allow citizens to register as one of the country’s recognized religions – Islam, Christianity, Judaism, and Zoroastrianism; previously application forms for the identity card had an option for “other religions.” According to a December 4 report by the news website IranWire, the government issued a memorandum to provincial judiciary heads establishing a new General Office for the Supervision of Lawyers to receive any reports of transgressions by members of the legal profession, including women lawyers not wearing the mandatory hijab at work or on social media or doubts about a lawyer’s commitment to Islam, the Islamic Republic, or the principle of Supreme Leader.

According to multiple sources, non-Shia Muslims and those affiliated with a religion other than Islam, especially members of the Baha’i community, continued to face societal discrimination and harassment, while employers experienced social pressures not to hire Baha’is or to dismiss them from their private-sector jobs. Baha’is reported there was continued destruction and vandalism of their cemeteries. According to IranWire, during Friday prayers in early November in Kermanshah, Sunni cleric Mullahamid Faraji called Yarsanis infidels, Satanists, and enemies of Muslims. Molavi Abdolhamid Ismaeelzahi, the most senior Sunni cleric in the country, circulated a video on social media charging that Chinese Shia students studying at al-Mustafa International University in Qom had infected the country with the COVID-19 virus. According to press and NGO reports, on May 14, following threats on Twitter, a man broke into the shrine of Esther and Mordechai, a Jewish holy site in Hamadan, in an attempt to set fire to the tomb. In June, the Group for Analyzing and Measuring Attitudes in Iran, a Netherlands-based NGO focusing on research on Iran, conducted an online survey with the collaboration of the ABC that found dramatic changes in Iranian society’s religiosity, especially an increase in secularization and a diversity of faiths and beliefs. The survey found that only 40 percent of respondents identified as Muslim.

The United States has no diplomatic relations with Iran. The U.S. government used public statements, sanctions, and diplomatic initiatives in international forums to condemn the government’s abuses and restrictions on worship by religious minorities. Senior U.S. government officials publicly reiterated calls for the release of prisoners held on religious grounds. On September 24, the United States sanctioned several officials and entities for gross violations of human rights and denials to the right of liberty of those seeking only to practice their religion, including Judge Seyyed Mahmoud Sadati, Judge Mohammad Soltani, Branch 1 of the Revolutionary Court of Shiraz, and the Adel Abad, Orumiyeh, and Vakilabad prisons. The statement read, in part, “Judge Soltani is responsible for sentencing Baha’is in Iran on dubious charges related to their exercise of freedom of expression or belief” and “Orumiyeh Prison has subjected members of ethnic and religious minority groups and political prisoners to abuse, including beatings and floggings.”

Since 1999, Iran has been designated as a “Country of Particular Concern” (CPC) under the International Religious Freedom Act of 1998 for having engaged in or tolerated particularly severe violations of religious freedom. On December 2, the Secretary of State redesignated Iran as a CPC. The following sanction accompanied the designation: the existing ongoing travel restrictions based on in section 221(c) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (TRA) for individuals identified under Section 221(a)(1)(C) of the TRA in connection with the commission of serious human rights abuses, pursuant to section 402(c)(5) of the Act.

Section II. Status of Government Respect for Religious Freedom

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.”

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.

Iraq

Executive Summary

The constitution establishes Islam as the official religion and states no law may be enacted contradicting the “established provisions of Islam.” It provides for freedom of religious belief and practice for all individuals, including Muslims, Christians, Yezidis, and Sabean-Mandeans, but does not explicitly mention followers of other religions or atheists. Restrictions on freedom of religion as well as violence against and harassment of minority groups committed by government security forces (ISF) remained widespread outside the Iraqi Kurdistan Region (IKR), according to religious leaders and representatives of nongovernmental organizations (NGOs). Predominantly Sunni provinces, such as Anbar, Salah al-Din, Kirkuk, and Ninewa, reported fewer security incidents compared with 2018 and 2019. In September, a Sunni Muslim parliamentarian from Diyala Province said government-affiliated Shia militia continued to forcibly displace Sunnis in his province, leading to widespread demographic change along the Iraq-Iran border. Yezidis, Christians, and local and international NGOs reported continued verbal harassment and physical abuse from members of the Popular Mobilization Forces (PMF), a state-sponsored organization composed of more than 50 mostly Shia militias originally formed to combat ISIS. Christians said the PMF continued to control territory in Christian areas and trade routes in the Ninewa Plain, and militias reportedly coerced Christians to pay bribes to pass through PMF checkpoints. In August, former parliamentarian Kamil al-Ghurawi, a Sunni from Baghdad, accused government-affiliated Shia militia groups of forcibly displacing Sunni residents in al-Madain District on the outskirts of Baghdad and attempting to alter the district’s demography. According to the Kurdistan Regional Government’s (KRG) Yezidi Rescue Coordinating Office, 2,874 Yezidis remained missing following ISIS’s assault on northern Iraq in 2014. Representatives of minority religious communities said that despite occasional harassment from local authorities, the central government generally did not interfere with religious observances by members of minority groups.

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. The central government’s Martyrs Foundation announced in March that 18 additional mass graves had been discovered throughout the country, marking more than 200 such graves discovered since 2017; they contained victims of al-Qa’ida, ISIS, and the Baathist regime, with some remains dating back decades. Two additional mass graves were discovered in Sinjar District during the year. In October, forensic teams, with support from the United Nations Investigative Team to Promote Accountability for Crimes Committed by Daesh/ISIL (UNITAD), began the exhumation of the last of 17 mass graves in Kocho and began work at a site at Solagh, known as the “Grave of Mothers,” where ISIS killed dozens of Yezidi women considered too old to be sold into sexual slavery. The Yezidi community in Sinjar District reported in August that the Kurdistan Workers Party (PKK) had kidnapped hundreds of Yezidi children with the aim of recruiting them in the years since ISIS was defeated in Sinjar in 2015 and that 70 children were still missing.

In July, the Roman Catholic Church-affiliated organization Aid to the Church in Need released a report stating that the country’s Christian community faced “extinction” and that 87 percent of Christians living in the Ninewa Plain reported feeling a lack of security “remarkably” or “very much.” According to media and human rights organizations, societal violence perpetrated by sectarian armed groups, mainly pro-Iran Shia militias, continued, although there were no reports of religiously based violence in the IKR. Members of non-Muslim minority groups reported abductions, threats, pressure, and harassment to force them to observe Islamic customs. Christian priests, including Father Yaqoub al-Saedy of the Syriac Orthodox Church and Father Bihnam Banoqa of the Syriac Catholic Church, both located in Bartella, and said they received threats from Iran-aligned Shabak individuals on social media after the priests sought the withdrawal of the Iranian-backed Shabak Shia PMF 30th Brigade. Interreligious entities, including the Masarat Foundation and the Iraqi Institute for Diversity, continued their work to promote respect for the country’s religious diversity, including through contributions of information on religious minority groups to school textbooks.

U.S. embassy officials raised religious freedom concerns at the highest levels in meetings with senior government officials, through interagency coordination groups, and in targeted assistance programs for stabilization projects. The bilateral strategic dialogue held in Washington, D.C. in August provided additional opportunities to highlight the need for outreach to the country’s vulnerable religious and ethnic minority communities. The Ambassador and other embassy and consulate general officials met regularly with national and regional government officials, members of parliament, and parliamentary committees to emphasize the need for the security, full inclusion, tolerance, and protection of the rights of members of religious minority groups. Embassy officials met with Shia, Sunni, and other religious group representatives to underscore U.S. support for these communities and to assess the needs and challenges they continued to face.

Section II. Status of Government Respect for Religious Freedom

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.

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.

Kazakhstan

Executive Summary

The constitution defines the country as a secular state and provides for freedom of religion. The Committee for Religious Affairs (CRA), part of the Ministry of Information and Social Development (MISD), is responsible for religious issues. According to local and international observers, authorities continued to impose restrictions and additional scrutiny on what the government considered “nontraditional” religious groups, including Muslims who practice a version of Islam other than the officially recognized Hanafi school of Sunni Islam and Protestant Christians. Authorities continued to arrest, detain, and imprison individuals on account of their religious beliefs or affiliation; restrict religious expression; prevent unregistered groups from practicing their faith; restrict assembly for peaceful religious activities; restrict public manifestation of religious belief; restrict religious expression and customs, including religious clothing; criminalize speech “inciting religious discord”; restrict proselytism; restrict the publication and distribution of religious literature; censor religious content; and restrict acquisition or use of buildings used for religious ceremonies and purposes. The government again raided religious services, prosecuted individuals for “illegal missionary activity,” and refused to register certain religious groups. In January, an Almaty court sentenced two Muslims to five years of restriction of freedom (probation) for incitement of religious discord and participation in the Hizb ut-Tahrir organization via online chats. In October, a Muslim was retried and sentenced to eight years in prison for supporting terrorism through online posts in 2015, despite an earlier Supreme Court ruling annulling his original sentence. Religious minority groups stated that the authorities used COVID-19 pandemic restrictions to discriminate against them. Five pastors and two church workers were detained, tried, jailed, fined, or warned for reportedly violating pandemic restrictions. The CRA reported 552 administrative prosecutions for violations of the religion law in 2019, the latest data available. Some religious minority groups faced attempts by local governments to seize their property. In October, four ethnic Kazakh Chinese citizens who had crossed the border earlier from the Xinjiang Uyghur Autonomous Region were granted asylum on the grounds of credible fear of persecution if they returned to China.

Media outlets continued to release articles or broadcasts defaming minority religious groups they regarded as “nontraditional.” Jehovah’s Witnesses reported a number of defamatory articles and broadcasts. Nongovernmental organizations (NGOs) and academics said members of some religious groups, including Muslims who wear headscarves or other identifying attire as well as some Christian groups, including evangelicals, Baptists, and Jehovah’s Witnesses, continued to face greater societal scrutiny and discrimination.

Despite limitations on in-person meetings and visits during the global pandemic, the Secretary of State, the Ambassador at Large for International Religious Freedom, the U.S. Ambassador, and other U.S. officials engaged in person and via virtual platforms with the government to urge respect for religious freedom, both in general and with regard to specific cases, including a regular and recurring dialogue with the MISD and CRA. This included raising concerns regarding the restrictive effects on religious freedom of the government’s implementation of the religion law and the criminal and administrative codes, especially concerning criminal penalties for peaceful religious speech, praying without registration, and censorship of religious literature. The country’s bilateral Religious Freedom Working Group with the United States met in person in February and virtually in October to discuss cooperation to allow all persons to practice their faiths freely in the country. U.S. officials visited various houses of worship and maintained contact with a wide range of religious communities and religious freedom advocates. The embassy also engaged in social media outreach to urge respect for religious freedom.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution defines the country as a secular state and provides for freedom of religion and belief as well as for the freedom to decline religious affiliation. These rights may be limited only by laws and only to the extent necessary for protection of the constitutional system, public order, human rights and freedoms, and the health and morality of the population. Under the constitution, all persons have the right to follow their religious or other convictions, take part in religious activities, and disseminate their beliefs. These rights, however, are in practice limited to registered or “traditional” religious groups. “Traditional” is not defined by law, but it typically refers to Hanafi Sunni Islam, the Russian Orthodox Church, Catholicism, Lutheranism, Judaism, and other major or historic religions.

The MISD and its component, the CRA, regulate the practice of religion in the country. By law, the MISD is responsible for the formulation and implementation of state policy on religion as well as facilitating government and civil society engagement. It also considers potential violations of the laws on religious activity and extremism. The MISD drafts legislation and regulations, conducts analysis of religious materials, and makes decisions on censorship. All religious groups are required to submit all religious materials for approval before dissemination. The MISD cooperates with law enforcement bodies to ban religious groups and sanction individuals who violate the religion law, coordinates actions of local government to regulate religious practices, and provides the official interpretation of the religion law.

The counterterrorism law requires religious organizations to secure their buildings of worship against potential terrorist attacks; the government may take action against religious organizations for failure to do so. The law states the government shall not interfere with the choice of religious beliefs or affiliation of citizens or residents unless those beliefs are directed against the country’s constitutional framework, sovereignty, or territorial integrity.

The criminal and administrative codes include penalties for unauthorized religious activity, which includes the arrangement of and participation in activities of unregistered religious groups, participation in religious activities outside permitted areas, unlicensed distribution of religious materials or training of clergy, sale of religious literature without government approval or in places not approved by the government, and discussion of religion for the purpose of proselytization without the required missionary registration.

The criminal code prohibits the “incitement of interreligious discord,” which includes “propaganda of exclusivity, superiority, or inferiority of citizens according to their relation to religion [and other] origin.” It also criminalizes the creation and leadership of social institutions that proclaim religious intolerance or exclusivity, which is punishable by imprisonment from three to seven years.

The extremism law, which applies to religious groups and other organizations, gives the government discretion to identify and designate a group as an “extremist organization,” ban a designated group’s activities, and criminalize membership in a banned organization. The law defines “extremism” as an organization or commission of acts in pursuit of violent change of the constitutional system; violation of the sovereignty or territorial integrity of the country; undermining of national security; violent seizure or retention of power; armed rebellion; incitement of ethnic, religious, or other forms of social discord accompanied by calls to violence; or the use of any religious practice that causes a security or health risk. An extremist organization is a “legal entity, association of individuals and (or) legal entities engaged in extremism, and recognized by the court as extremist.” The law provides streamlined court procedures for identifying a group as “terrorist or extremist,” reducing the time necessary for a court to render judgement and act on a decision to 72 hours. After a legal finding of a violation, the law authorizes officials to immediately revoke the organization’s registration, thus ending its legal existence, and to seize its property. Prosecutors have the right to annually inspect all groups registered with state bodies for compliance with all applicable laws.

Under the law on countering terrorism, the Ministry of Finance may freeze the financial accounts of persons convicted of terrorism or extremism crimes.

The administrative code prohibits “spreading the creed of religious groups (that are) unregistered” in the country, an offense punishable by a fine of 252,500 tenge ($600). A foreigner or stateless person found guilty may also be deported.

A religious organization may be designated “national,” “regional,” or “local.” To register at the local level, an organization must submit an application to the Ministry of Justice that lists the names and addresses of at least 50 founding members. Religious organizations may be active only within the geographic limits of the locality in which they register unless they have sufficient numbers to register at the regional or national level. Regional registration requires at least two local organizations, each located within a different region (province), and each local group must have at least 250 members. National registration requires at least 5,000 total members and at least 300 members in each of the country’s 14 regions and the cities of Nur-Sultan, Almaty, and Shymkent. Only groups registered at the national or regional level have the right to open educational institutions for training clergy.

The law allows the government to deny registration to a religious group based on an insufficient number of adherents or on inconsistencies between the religious group’s charter and any national law, as determined by an analysis conducted by the CRA. According to the administrative code, individuals participating in leading or financing an unregistered, suspended, or banned religious group may be fined between 126,250 tenge ($300) and 505,000 tenge ($1,200).

The administrative code mandates a 505,000 tenge ($1,200) fine and a three-month suspension from conducting any religious activities for registered groups holding religious gatherings in buildings that are not approved for that purpose; importing, producing, or disseminating religious materials not approved by the CRA; systematically pursuing activities that contradict the charter and bylaws of the group as registered; constructing religious facilities without a permit; holding gatherings or conducting charity events in violation of the law; or otherwise defying the constitution or laws. Private persons engaged in these activities are subject to a fine of 126,250 tenge ($300). Police may impose these fines without first going to court. The fines may be appealed to a court.

If an organization, its leaders, or members engage in activities not specified in its charter, it is subject to a warning, a fine of 252,500 tenge ($600), or both. Under the administrative code, if the same violation is repeated within a year, the legal entity is subject to a fine of 378,750 tenge ($900) and a three- to six-month suspension of activities.

According to the administrative code, if a religious group engages in a prohibited activity or does not rectify violations resulting in a suspension, an official or the organization’s leader is subject to a fine of 505,000 tenge ($1,200), the entity is also subject to a fine of 1,262,500 tenge ($3,000), and its activities are banned.

The law authorizes local authorities to “coordinate” the location of premises for religious events outside religious buildings. By law, religious activities may be held in residences, provided that organizers take into account the “rights and interests of neighbors.” Authorities sometimes interpret this as a requirement to receive permission from the neighbors.

The government prohibits individuals who do not pay their fines from traveling outside the country.

The law prohibits coercion to force a person’s conversion to any religion or to force a person’s participation in a religious group’s activities or in religious rites. The law further bans activities of religious organizations that involve violence against citizens or otherwise harm the health or morality of citizens and residents, force them to end marriages or family relations, violate human rights and freedoms, or force citizens to evade performance of duties specified in the constitution and legislation. The law prohibits methods of proselytizing that take advantage of a potential convert’s dependence on charity. The law also prohibits blackmail, violence or the threat of violence, or the use of material threats to coerce participation in religious activities.

The law states that in cases when a prisoner seeks the help of a clergy member to perform a religious rite, he or she may invite a clergy member of a formally registered religious group to a detention facility, as long as this access complies with the prison’s internal regulations. The law bans construction of places of worship within prison territory. Pursuant to the law, religious organizations may participate in monitoring prisons, including creating and implementing programs to improve the correctional system and developing and publicly discussing draft laws and regulations as they relate to the prison system. Religious groups may identify, provide, distribute, and monitor the use of humanitarian, social, legal, and charitable assistance to prisoners. They may provide other forms of assistance to penitentiary system bodies, as long as they do not contradict the law. According to the law, prisoners may possess religious literature, but only if it is approved following an analysis conducted by a CRA religious expert.

The law defines “religious tourism” as a “type of tourism where people travel for performance of religious rites in a country (place) of temporary residence” and requires the MISD to regulate it. Together with the Sunni Hanafi Spiritual Administration of Muslims (SAMK), the MISD oversees the process by which individuals participate in the Hajj or in other travel for the performance of religious rites. The government requires that specially selected guides and imams accompany each group and states that the rules are designed to ensure pilgrims are not recruited by extremist religious groups.

The law prohibits religious ceremonies in government buildings, including those belonging to the military or law enforcement.

The law states production, publication, and dissemination of religious literature and information materials of religious content are allowed only after receiving a positive expert opinion from the CRA. The law allows one copy of published religious materials to be imported for personal use without review by a CRA religious expert.

The law states the government shall not interfere with the rights of parents to raise their children consistent with their religious convictions, unless such an upbringing harms the child’s health or infringes upon the child’s rights.

The law requires organizations to “take steps to prevent involvement or participation of anyone under the age of 18 in the activities of a religious association” if one of the parents or other legal guardians objects. The law bans religious activities, including proselytizing, in children’s vacation, sport, creative, or other leisure organizations, camps, or sanatoria. The extent to which organizations must prevent underage persons’ involvement in religious activity is not specifically outlined and has not been further defined by authorities.

The law prohibits religious instruction in public schools, colleges, or universities. Homeschooling for religious reasons is also prohibited. The law allows afterschool and other supplemental religious instruction as long as it is provided by a registered religious group. A decree mandates that schoolchildren wear school uniforms that comply with the secular nature of education and prohibits inclusion of any elements that could indicate religious affiliation, such as head coverings.

The election law prohibits political parties based on religious affiliation.

The criminal code prohibits creating, leading, or actively participating in a religious or public association whose activities involve committing acts of “violence against citizens or the causing of other harm to their health or the incitement of citizens to refuse to carry out their civil obligations as well as the creation or leadership of parties on a religious basis.” The code punishes such acts with a fine of up to 15.2 million tenge ($36,100) or up to six years’ imprisonment. To perform missionary or other religious activity in the country, a foreigner must obtain a missionary or religious visa. These visas allow a person to stay for a maximum of six months, with the possibility to apply to extend the stay for another six months. To obtain missionary visas, applicants must be invited by a religious group formally registered in the country. The CRA must approve the letter of invitation. Applicants must obtain consent from the CRA each time they apply. The CRA may reject missionary visa applications based on a negative assessment from CRA religious experts, or if it deems the missionaries represent a danger to the country’s constitutional framework, citizens’ rights and freedoms, or any person’s health or morals. The constitution requires foreign religious groups to conduct their activities, including appointing the heads of local congregations, “in coordination with appropriate state institutions,” notably the CRA and the Ministry of Foreign Affairs. Foreigners may not register religious groups.

Local and foreign missionaries are required to register annually with the local executive body of a region or of the cities of Nur-Sultan, Almaty, and Shymkent and provide information on their religious affiliation, intended territory of missionary work, and time period for conducting that work. Missionaries must submit all literature and other materials intended to support their missionary work together with their registration application. Use of materials not vetted during the registration process is illegal. A missionary must produce registration documents and a power of attorney from the sponsoring religious organization to work on its behalf. The local executive body of a region or the cities of Nur-Sultan, Almaty, and Shymkent may refuse to register missionaries whose work is deemed to “constitute a threat to the constitutional order, social order, the rights and freedoms of individuals, or the health and morals of the population.”

The law does not provide for conscientious objection to mandatory military service on religious grounds, but the government has exempted Jehovah’s Witnesses from mandatory service.

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

According to the international religious freedom NGO Forum 18, 24 Sunni Muslims were serving sentences connected to their religious activities or beliefs. Three Protestant Christians were given prison terms in absentia. Six individuals were serving “restricted freedom” sentences that consist of probation plus compulsory community service; such sentences could also include court-imposed restrictions on their freedom of movement. Sixteen individuals who had completed their prison terms were banned from religious activities.

Media reported that on January 27, the Almaly district court found Karlygash Adasbekova and Daria Nyshanova guilty of incitement of religious discord and supporting Hizb ut-Tahrir, an organization banned by the government as extremist, through online posts to a WhatsApp chat group. During the trial, two witnesses withdrew their earlier testimony against the accused, and the witness who made the initial report that led to the Committee of National Security (KNB) investigation could not remember which WhatsApp posts he had cited in his report. Despite these discrepancies, the judge found the defendants guilty and sentenced each of them to five years of restricted freedom.

On January 21, the Supreme Court reviewed the Prosecutor General’s petition challenging the 2018 verdict in the case of Dadash Mazhenov and sent the case back to the appellate court for a new trial on the grounds that the expert who had analyzed Mazhenov’s online posts lacked the appropriate license and that the defense’s statements were not sufficiently verified. Mazhenov, a Sunni Muslim, was sentenced to seven years and eight months imprisonment in 2015 for supporting terrorism in online posts. On October 13, the appeals panel of the Akmola provincial court upheld the 2018 verdict against Mazhenov. In March, Mazhenov filed a complaint stating he was tortured for praying while held in a labor camp in the city of Shymkent in the summer of 2019. In May, the Coalition against Torture, a local NGO that monitors prisons and detention facilities, appointed a lawyer to advocate on Mazhenov’s behalf. The NGO noted that few prison torture cases ever reached court, with few officials found guilty.

Jehovah’s Witnesses reported that 23 Jehovah’s Witness conscientious objectors encountered difficulties in obtaining exemption from military service, although all cases were eventually resolved through dialogue with the authorities. Jehovah’s Witnesses representatives said that local enlistment officers initially considered the certificates issued by the recruits’ local religious communities to be insufficient evidence to exempt the young men. The communities then provided clarification of the applicants’ eligibility for exemption, as well as letters from the conscientious objectors formally asking to be released from military service.

Religious freedom observers consistently reported that authorities continued to use the religion law to harass and restrict minority religious groups with fines and limitations on their activities. Violations included attending worship meetings not approved by the state; offering, importing, or selling religious literature and pictures, including on the internet; sharing or teaching faith; and violating procedures for praying in mosques. The CRA reported 552 administrative prosecutions for violations of the religion law in 2019, the latest data available.

During the year, authorities dropped the 2019 charges against the International Society of Krishna Consciousness (ISKCON) for conducting a religious event without prior permission from the local government. ISKCON had been charged after a 2019 police raid on an apartment in Atyrau.

According to Jehovah’s Witnesses, 63 members of the community were detained on charges of illegal missionary activity between January and October. Of these, 38 were given oral warnings, 14 were given written warnings, and 11 were taken to court for alleged violation of the religion law. Of those 11, nine were acquitted and two were found guilty and fined 277,800 tenge each ($660).

On March 15, President Kassym-Jomart Tokayev issued a decree declaring a state of emergency to fight the COVID-19 pandemic. As part of wide-ranging emergency restrictions, religious ceremonies were prohibited and the operations of mosques, churches, and other religious centers were temporarily suspended. On May 11, the state of emergency ended. Beginning May 18, mosques, churches, and other houses of worship were able to operate at 30 percent capacity and with other region-specific public health-related restrictions. Throughout the year, region-specific restrictions changed frequently in efforts to contain the spread of COVID-19. At year end, large religious services (i.e., weddings and funerals) were still prohibited on public health grounds.

Religious minority groups stated that authorities used COVID-19 pandemic restrictions to discriminate against them. In April, courts in Karaganda Province found the pastors of three local evangelical Baptist communities liable for violation of the COVID-19 quarantine rules because they allowed parishioners to gather for Sunday services on March 29. The pastors were jailed for three days, and Pastor Dmitry Iantsen in Termirtau was fined 26,510 tenge ($63). The church leaders said the incidents were a result of the lack of clear rules on the allowed size of gatherings. The chief health inspector’s decrees prohibited mass gatherings, but without specifying how many participants constituted such a gathering. The churches said some lawyers and government officials defined 50 to 200 participants as a mass gathering. The pastors said they had taken precautions to prevent the spread of disease, including restricting the number of worshippers present.

On April 22, an evangelical Christian pastor from Shymkent affiliated with the New Life Church received a 10-day prison sentence for conducting missionary activity during the state of emergency. Church representatives said Pastor Zhetis Rauilov was called to a meeting at the mayor’s office by an employee of the local branch of the CRA on April 21 but went home when the official was not in the office, stopping at a supermarket on the way. Police then stopped him, searched his car, and detained him on suspicion of moving through the city to provide groceries to parishioners without permission. (Local restrictions required permission for delivering groceries, but not for simple grocery shopping close to home.) Rauilov said he believed his arrest was orchestrated by local authorities because it took place immediately following the aborted meeting at the mayor’s office. Rauilov served the sentence and was released.

On May 15, according to Forum 18, police raided a shopping center in Aktobe to enforce COVID-19-related restrictions on public gatherings four days after the national pandemic state of emergency had been lifted. The administrator of the shopping center, Gulnar Kurmangaliyeva, was fined 132,550 tenge ($310) for permitting an Islamic prayer room to operate in the shopping center, and authorities closed the prayer room for three months.

Authorities continued to charge individuals under the administrative code for holding unsanctioned religious meetings, offering religious literature for sale, and for other violations of the religion law.

On February 29, police detained Oleg Stepanenko and Nadezhda Smirnova, members of a Christian Evangelical Baptist church in Pavlodar Province, for unsanctioned distribution of religious literature. Local media described them as adherents of a “harmful” religious group. On March 2, the local court found them guilty of breaking the religion law and imposed administrative fines. Authorities also seized and destroyed approximately 200 religious books in their possession.

In September, media reported that the Kokshetau administrative court found an individual guilty of disseminating religious literature, for writing a social media advertisement for books CRA theologians deemed to contain banned extremist content. Government experts found the advertisement while monitoring social media. Police located and charged the author, who was fined 100,000 tenge ($240).

On March 29, Pavlodar police raided the house of worship of the Pavlodar Council of Evangelical Christians and charged a 66-year-old pastor with leading an unregistered religious group. On April 20, the Pavlodar administrative court found the pastor guilty and fined him 194,460 tenge ($460).

The international Christian NGO Open Doors cited the country on its World Watch List for the government’s control over religious expression in the country, including surveillance, raids on church meetings, and arrests. The NGO said Christians from a Muslim background bore the worst persecution.

The government maintained its policy of banning religious clothing in schools. The Ministry of Education and Science continued to prohibit headscarves in schools throughout the country during in-person instruction, but media reported the ban was not strictly enforced during online instruction necessitated by the COVID-19 pandemic. Media reported on September 29 that according to the Aktobe Region Education Department, 11 students chose to study online at their own expense due to the government’s ban on wearing headscarves in schools.

According to Forum 18, some Muslims faced repeated questioning from law enforcement authorities about their faith.

According to CRA statistics for the first nine months of the year, there were 3,818 registered religious associations or branches thereof in the country, compared with 3,770 in 2019.

The government did not approve the registration of Muslim groups apart from those observing the Sunni Hanafi school, which the SAMK oversaw. All other schools of Islam remained unregistered and were officially unable to practice in the country, although religious leaders reported some Muslim communities continued to worship informally without government interference.

The MISD and the SAMK maintained an official agreement on cooperation, and NGOs continued to state this led to the government effectively exercising control over the nominally independent SAMK. By joining the SAMK, Muslim communities relinquished the right to appoint their own imams, subjected themselves to SAMK approval regarding any property actions (such as sales, transfers, or improvements), and were required to pay 30 percent of the mosque’s income to the SAMK. The SAMK also set the curriculum for religious education across the country and provided guidelines and sample texts for sermons during Friday prayers.

The SAMK continued to oversee the opening of new and restored mosques. According to the CRA, there were 2,684 mosques in the country, 46 more than reported in 2019, but the government and news media offered varying and occasionally inconsistent statistics about the number of mosques nationwide.

The SAMK continued to control the activities of all 2,684 formally registered Muslim groups affiliated with the Sunni Hanafi school and had authority over appointment of imams as well as over the administration of examinations and background checks for aspiring imams. The MISD continued to work closely with the SAMK on the training of imams, upgrading madrassahs to the status of degree-granting colleges, and controlling Hajj pilgrimages. The SAMK permitted imams to enroll in baccalaureate, masters, or doctoral programs offered at Nur Mubarak University’s Islamic Studies and Religious Studies departments based on their prior education levels. There were 11 schools for religious training of Sunni Hanafi imams, one for Roman Catholic clergy, and one for Russian Orthodox clergy.

The Ahmadiyya Muslim Community remained unregistered during the year; authorities denied the group reregistration for the sixth time in 2016. Government experts had previously concluded the community’s teachings were not Islamic and that it must remove the word “Muslim” from its registration materials. Community members reported that since they were not registered, they did not engage in any religious activity.

The Council of Baptist Churches stated it continued to refuse on principle to register under the law, in keeping with its policy of maintaining a distance from the government. Community representatives reported that authorities continued to closely monitor their meetings and travels and that police followed and surveilled them, as in prior years.

The Church of Scientology continued to function as a registered public association rather than as a religious organization. The government allowed the Church, as a public association, to maintain resource centers/libraries where members could read or borrow books and host discussions or meetings, but it did not allow the Church to engage in activity considered religious by the government.

Some religious minority groups faced attempts by local governments to seize their property. On September 17, the Almaty City Court upheld an earlier court decision to seize buildings of the New Life Church in Almaty. In 2019, the Almaty Specialized Interdistrict Court had convicted the Church’s three pastors, who fled the country, of using hypnotism and psychological manipulation to harm and defraud former parishioners, and it ordered the seizure of the Church’s property, including buildings, money, and computers. Neither the New Life Church leaders nor their attorney were present at the court hearing, which was held without their knowledge after the court agreed initially to postpone it. The Church immediately filed an appeal. Church representatives said they were particularly concerned about the seizure of two buildings used to support vulnerable individuals, and they expressed fears that some who lived in the buildings would have no place to go if the buildings were confiscated. At year’s end, the seizure of the buildings had been delayed, pending an appeal hearing.

On February 14, the Mayor of Nur-Sultan issued a decree confiscating land shared by the Presbyterian Grace Church and Pentecostal Agape Church in order to build a government-run kindergarten. The Churches lodged a lawsuit against the mayor’s office, but a city court ruled against the Churches on September 7, accepting the mayor’s countersuit that the seizure decree should be enforced. The judge also ordered the Churches to pay for a panel of experts – mostly officials from the mayor’s office – to assess the value of the property. The Churches appealed the decision, but their appeal was denied on December 12. At year’s end, the land had not been confiscated and the Churches were fighting the decree.

On January 21, two ethnic Kazakh Muslims, citizens of China, were convicted of illegally crossing the border from the Xinjiang Uyghur Autonomous Region in China and sentenced to a year in prison. They served shorter sentences and were released. In October, these and another two previously convicted ethnic Kazakh Chinese citizens were granted asylum on the grounds of credible fear of persecution if they returned to China.

In August, the government granted an exception to COVID-19 restrictions on public ceremonies to allow a Jewish group to travel to Almaty to mark the 76th anniversary of the passing of Rabbi Levi Yitzchak Scheerson. The government designated the resting place a National Heritage Site.

The Church of Scientology reported that during the year, its members experienced harassment and intimidation by the authorities, including frivolous lawsuits and smear campaigns on national television, harassment, extrajudicial searches, destructive raids of their premises, and seizure of literature.

According to the Penitentiary Committee of the Ministry of Internal Affairs, all prisons continued to have dedicated specialists charged with creating programs to counter religious extremism, in accordance with a 2017 order issued by the Minister of Internal Affairs adding the position of “religious specialist” to prison staff as part of the State Program for Counteraction against Terrorism and Religious Extremism. Lawyers familiar with the program said most of the specialists lacked education or specialized training.

Macau

Read A Section: Macau

China | Tibet | Xinjiang | Hong Kong

Executive Summary

The Basic Law of the Macau Special Administrative Region (SAR) grants residents freedom of religious belief, freedom to preach and participate in religious activities in public, and freedom to pursue religious education. The law protects the right of religious assembly and the rights of religious organizations to administer schools, hospitals, and welfare institutions and to provide other social services. The law states the government does not recognize a state religion and explicitly states all religious denominations are equal before the law. The law stipulates religious groups may develop and maintain relations with religious groups abroad. The SAR enacted bylaws to the 2009 National Security Law on October 7 allowing the Judiciary Police to create national security branches. Some members of the religious community said they were concerned Macau’s implementation of these new provisions could mirror the Hong Kong police force’s national security units and potentially affect civil liberties, although they were uncertain if the new provisions could eventually infringe upon religious freedom. Religious figures expressed no public reaction in February when China appointed as the new Hong Kong and Macau Affairs Office Chief Xia Baolong, who previously led a suppression campaign against local churches in mainland China’s Zhejiang Province. At a Lunar New Year celebration, the Deputy Director of the Central Government Liaison Office told religious community representatives the People’s Republic of China’s (PRC’s) “one country, two systems” policy relied on support from Macau’s religious groups and thanked them for that support. Falun Gong practitioners held a rally on April 25 to commemorate the 21st anniversary of the mass arrest of Falun Gong members in mainland China and protest the Chinese Communist Party’s (CCP’s) treatment of Falun Gong practitioners in mainland China.

Falun Gong practitioners continued to be able to discuss their beliefs openly with Macau residents.

In meetings with civil society representatives, representatives from the U.S. Consulate General Hong Kong and Macau stressed the importance of religious freedom and tolerance for all religious groups and discussed religious communities’ relations with their coreligionists on the mainland and in Hong Kong.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The Basic Law states residents have freedom of religious belief and the freedom to publicly preach as well as conduct and participate in religious activities. These rights may be limited in extreme situations for national security reasons. The Basic Law further stipulates the government shall not interfere in the internal affairs of religious groups or in their relations with their counterparts outside Macau. It bars the government from restricting religious activities that do not contravene the laws of the SAR.

Under the Basic Law, the SAR government, rather than the central government of the PRC, safeguards religious freedom in the SAR.

The law states there is no official religion in the SAR and stipulates all religious denominations are equal before the law. The law provides for freedom of religion, including privacy of religious belief, freedom of religious assembly, freedom to hold religious processions, and freedom of religious education. On October 7, the SAR enacted bylaws to the 2009 National Security Law allowing the Judiciary Police to create four new national security branches: the National Security Information Division; the National Security Crime Investigation Division; the National Security Action Support Division; and the National Security Affairs Integrated Service Division.

Religious groups are not required to register to conduct religious activities, but registration enables them to benefit from legal status. Benefits include exemption from taxation (such as property tax, stamp duty, complementary tax [profit tax], and industrial tax) and financial assistance from the government. Religious groups register with the Identification Bureau, providing the name of an individual applicant and that person’s position in the group, identification card number, and contact information, as well as the group’s name and a copy of the group’s charter. Registered charities receive the same benefits as registered religious groups. Religious groups need to be registered as a charity under a similar or different name in order to provide charitable services.

The law states that religious organizations may run seminaries and schools, hospitals, and welfare institutions, and provide other social services.

There is no religious education in public schools. A small number of schools run by religious organizations receive no public funding, and these schools may require students to receive religious education.

By law, religious groups may develop and maintain relations with religious groups abroad.

The government’s stated aim in amending the 2009 National Security Law was to improve external communications about national security and promote law enforcement. Human rights advocates said they were concerned the SAR’s new divisions mirrored the divisions that were created under Hong Kong’s National Security Law, which came into effect on June 30 and were being used to threaten civil liberties. Religious leaders said they were uncertain if the new provisions might eventually infringe upon religious freedom.

Religious figures expressed no public reaction in February when China appointed as the new Hong Kong and Macau Affairs Office Chief Xia Baolong, who previously led a suppression campaign against local churches in mainland China’s Zhejiang Province.

According to the Central Government Liaison Office in Macau, in January, Zhang Rongshun, Deputy Director of the Central Government Liaison Office, held a Lunar New Year celebration with more than 30 representatives from the Catholic, Buddhist, Christian, Taoist, and Baha’i communities. Zhang said successful implementation of the PRC’s “one country, two systems” policy relied on support from Macau’s religious groups and thanked them for that support.

On April 25, Falun Gong practitioners held a rally in front of St. Dominic’s Church to commemorate the 21st anniversary of the mass arrest of Falun Gong members in mainland China and protest the CCP’s treatment of Falun Gong practitioners on the mainland. According to the Falun Gong website Minghui.org, practitioners set up message boards with information about the history of the group, carried banners, and distributed informational pamphlets.

Some religious groups continued to report they retained their ability to conduct charitable activities on the mainland by working through official channels and officially recognized churches.

The government continued to provide financial support, regardless of religious affiliation, to religious groups to establish schools, child-care centers, clinics, homes for the elderly, rehabilitation centers, and vocational training centers. The government also continued to refer victims of human trafficking to religious organizations for the provision of support services.

Malaysia

Executive Summary

The constitution states Islam is the “religion of the Federation; but other religions may be practiced in peace and harmony.” Federal and state governments have the power to mandate doctrine for Muslims and promote Sunni Islam above all other religious groups. Other forms of Islam are illegal. Sedition laws criminalize speech that “promotes ill will, hostility, or hatred on the grounds of religion.” The government maintains a parallel legal system, with certain civil matters for Muslims covered by sharia. The relationship between sharia and civil law remains unresolved in the legal system. Individuals diverging 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. Sources stated that there was some selective persecution of non-Muslim faiths through legal and extralegal means. In February, the human rights commission (SUHAKAM) initiated a public inquiry into the 2016 disappearance of a Christian pastor and his wife. A government-appointed panel formed in 2019 to investigate SUHAKAM’s findings on the enforced disappearances of another Christian pastor and a social activist accused of spreading Shia teachings in 2016 made little progress. In February, the wife of the second Christian pastor initiated legal action against the federal government and senior officials for failing to properly investigate her husband’s disappearance. In July, the High Court convicted a man for training members of a WhatsApp group to commit terrorist acts, including attacks on a Hindu temple and other houses of worship. The Sharia High Court pursued contempt charges against a member of parliament who stated that sharia courts discriminated against women. The government continued to selectively prosecute speech that allegedly denigrated Islam, while it largely ignored criticisms of other faiths. Non-Muslims faced legal difficulties when they sought to use the word “Allah” and as many as 31 other Islam-related words. Non-Sunni religious groups continued to report challenges in registering as nonprofit charitable organizations or building houses of worship. Some political parties said only Malay-Muslim parties should be allowed to lead the country. In July, a court sentenced a man to 26 months’ imprisonment for insulting Islam and a Muslim politician. The government continued to prohibit Israeli citizens from entering the country without approval from the Ministry of Home Affairs and limited Malaysians ability to travel to Israel.

Local human rights organizations and religious leaders again expressed concern that society was becoming less tolerant of religious diversity. A joint council of minority religious communities released a statement expressing its “grave concern on the escalation of religious animosity between religious groups manufactured by some politicians to divide and rule.”

U.S. embassy officials regularly discussed with government officials at the Ministry of Home Affairs, Ministry of Foreign Affairs, Royal Malaysian Police, and Prime Minister’s Department, among others, issues including constitutional guarantees of freedom of religion, an increase in religious intolerance, respecting religious minorities, the unilateral conversion of children by one parent without the permission of the other, and the disappearances of the three Christians and a Muslim activist in 2016. Embassy representatives met with members of religious groups, including minority groups and those whose activities were limited by the government, to discuss the restrictions they faced and strategies for engaging the government on issues of religious freedom. The embassy enabled the participation of religious leaders and scholars in virtual conferences and webinars that promoted religious freedom and tolerance. The embassy funded a civic education curriculum and training program that will teach students in federal religious schools about freedom of expression and association, including freedom of religion.

Section II. Status of Government Respect for Religious Freedom

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.

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.”

Nicaragua

Executive Summary

The constitution prohibits discrimination based on religion; provides for freedom of belief, religion, and worship; and states no one “shall be obligated by coercive measures to declare his or her ideology or beliefs.” In June, the United Nations Human Rights Council (UNHRC) approved the resolution “Promotion and Protection of Human Rights in Nicaragua” in which the organization expressed concern regarding government restrictions on public spaces and repression of civil society, human rights defenders, and religious leaders, among others expressing critical views of the government. In an August report, the Nicaraguan Center for Human Rights (CENIDH) wrote, “In 2020 the government’s hatred of the Catholic Church has not stopped; on the contrary, it worsens every day, having reached critical levels.” There were numerous reports that the Nicaraguan National Police (NNP), along with progovernment groups and ruling party (Sandinista National Liberation Front, or FSLN) members routinely harassed and intimidated religious leaders and damaged religious spaces, including a July arson attack on the Immaculate Conception Cathedral in Managua that destroyed a 382-year-old image of Jesus Christ. Catholic leaders reported verbal insults, death threats, and institutional harassment by the NNP and groups associated with President Daniel Ortega and Vice President Rosario Murillo. According to clergy, the NNP and progovernment groups on several occasions harassed Catholic worshippers after they attended church services in which they prayed for political prisoners, and they blocked parishioners’ efforts to raise funds for families of political prisoners. Progovernment supporters disrupted religious services by staging motorcycle races outside of churches during Sunday services. Catholic and evangelical Protestant leaders who provided shelter and medical assistance to peaceful protesters in 2018 continued to experience government retribution, including slander, arbitrary investigations by government agencies, charges they said were unfounded, withholding of tax exemptions, reduction in budget appropriations, and denying religious services for political prisoners, according to local media. The government ordered electric and water companies to cut services to Catholic churches led by priests opposed to the government, revoked the visas of at least two foreign priests after they criticized the government, and denied or revoked the permits of schools and clinics run by antigovernment Catholic bishops. Government supporters interrupted funerals and desecrated gravesites of prodemocracy protesters. In June, Italian media reported that the Russian woman arrested, sentenced, and imprisoned for throwing sulfuric acid in 2018 on a priest of the Immaculate Conception Cathedral in Managua was living in Italy as a refugee. CENIDH wrote in a report on attacks on Catholic churches in 2019 and 2020, “This case reflects the corrupt and fallacious way in which the Ortega Murillo regime permits impunity against those they consider ‘their political or public enemies,’ crimes that they themselves perversely orchestrate.”

There were no reports of significant societal actions affecting religious freedom.

Senior U.S. government officials repeatedly called upon the Ortega government to cease violence against and attacks on Catholic clergy, worshippers, and churches. U.S. embassy officials continued to raise concerns with Ministry of Foreign Affairs officials regarding restrictions on religious freedom in the context of broader repression. Following the arson attack on the Managua cathedral, the Ambassador condemned the attack in a public statement posted on social media and said attacks on the Church and worshippers should cease immediately and the culprits punished. Embassy officials met regularly with a wide variety of religious leaders from the Catholic Church, evangelical Protestant groups, the Moravian Lutheran Church, Muslim groups, and the Jewish community to discuss restrictions on religious freedom and to foster religious tolerance.

On December 2, 2020, in accordance with the International Religious Freedom Act of 1998, as amended, the Secretary of State again placed Nicaragua on the Special Watch List for having engaged in or tolerated severe violations of religious freedom.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution prohibits discrimination based on religion. It provides for freedom of belief, religion, and worship, and it states no one “shall be obligated by coercive measures to declare his or her ideology or beliefs.” The constitution states there is no official religion; however, the law entrusts government-controlled, community-level action groups, known as Family Committees, with the responsibility for promoting “Christian values” at the community level.

The requirements for registration of religious groups – except for the Catholic Church, which has a concordat with the government – are similar to those for nongovernmental organizations (NGOs). Registration requires an application, articles of association, and designation of officers. The National Assembly must approve a group’s application for registration or legal standing. Following approval, the group must register with the Ministry of Government as an association or NGO, which allows it to incur legal obligations, enter into contracts, and benefit from tax and customs exemptions. Following registration, religious groups are subject to the same regulations as other NGOs or associations, regardless of their religious nature. The Catholic Church is not required to register as a religious group because its presence in the country predates the legislation; however, the government requires organizations dedicated to charity or other social work affiliated with the Catholic Church to register.

According to the Foreign Agents Law, passed in October, organizations and persons receiving resources of foreign origin must not participate in internal politics. If the government finds any person or entity in violation of the law, the person or entity could be fined, imprisoned, or have their assets frozen or confiscated. The law excludes accredited religious organizations from the requirement to register with the Ministry of Interior. By law, those receiving exemptions may not participate in activities that would interfere in the country’s affairs.

Ministry of Education regulations for primary school education establish that the basis for the methodology and curriculum for elementary grade levels are the “Christian, Socialist, Solidarity” principles and “Human Development” policy. The government’s 2018-2021 Human Development policy establishes the promotion of religious and faith-based festivities as a key component of all government policy. The law establishes education in the country as secular but recognizes the right of private schools to be religiously oriented.

Missionaries must obtain religious worker visas and provide information regarding the nature of their missionary work before the Ministry of Interior will authorize entry into the country. A locally based religious organization must provide documentation and request travel authorization from the Ministry of Government seven days prior to the arrival of the visiting person or religious group. The process generally takes several weeks to complete.

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

In June, the UNHRC approved the resolution entitled “Promotion and Protection of Human Rights in Nicaragua,” in which the organization expressed concern regarding government restrictions on public spaces and repression of civil society, human rights defenders, and religious leaders, among others expressing critical views of the government. In her February remarks to the UNHRC, UN High Commissioner for Refugees Michelle Bachelet said that protests held during religious celebrations had been met with state-sponsored violence, and “members of the Catholic Church continue to suffer repeated acts of intimidation and harassment by police or pro-government elements, including stigmatizing statements by government authorities.” In a report released in July, CENIDH wrote, “In 2020 the government’s hatred of the Catholic Church has not stopped; on the contrary, it worsens every day, having reached critical levels.” According to the report, the Catholic Church had positioned itself firmly on the side of prodemocracy groups since the 2018 protest against the government and the government’s subsequent repression that killed more than 300 persons.

Witnesses told independent media that on July 31, an unidentified man threw a gasoline bomb inside a side chapel in the Immaculate Conception Cathedral in Managua after examining the perimeter closely for 20 minutes. The bomb caused an extensive fire that damaged the chapel and burned a 382-year-old image of Jesus Christ revered by the Catholic community. Cardinal Leopoldo Brenes, the Archbishop of Managua, publicly called the act a premeditated terrorist attack. Hours after the attack, Vice President Murillo told media the fire had been an accident caused by candle fire inside the chapel. Cardinal Brenes publicly stated there were no curtains or candles inside the chapel. Pope Francis also referred to the fire as an attack, stating, “I am thinking about the people of Nicaragua who are suffering due to the attack on the cathedral of Managua.” Days later, police closed the investigation and concluded the fire started as a result of vapor from disinfectant alcohol ignited by a candle. Police made no arrests. Clergy said they suspected the government directed attacks on churches and priests, but they believed the government was able to claim plausible deniability because the attacks were carried out by individuals not directly affiliated with it.

Clergy also said they believed the government directed or encouraged the vandalism and desecration of churches by individuals not directly affiliated with it. According to local media, unidentified individuals on July 29 broke into the Church of Saint Ana in Nindiri, entering the church after hours, stealing religious items, breaking sacred images, stepping on communion wafers, damaging furniture, and defecating in several places inside the church. On July 30, similar actions occurred in Nindiri at the Church of Our Lady of Perpetual Help. On July 24, unidentified individuals broke into the Church of Our Lady of Veracruz and damaged sacred items and stole audio equipment. CENIDH recorded several desecrations of Catholic churches following a similar modus operandi. On January 2, unidentified perpetrators destroyed sacred images in Our Lord of Esquipulas Church in Tipitapa; on July 12, an unidentified man entered a chapel inside the Saint John the Baptist Cathedral in Jinotega and stole a sacred image. According to media, desecrations of churches also occurred in Managua in April and in Boaco in August.

According to the Office of the UN High Commissioner for Human Rights, police officers and patrol vehicles surrounded the Saint John the Baptist Church in Masaya on January 23, after parishioners organized a drive to collect school supplies for children of political prisoners. Police then prevented individuals with donations from accessing the church.

According to clergy, Father Edwing Roman, a priest granted precautionary (protective) measures by the Inter-American Commission on Human Rights since 2018, continued to be a victim of harassment and received multiple death threats during the year. The government cut electricity and water supplies to his church in Masaya during a November 2019 hunger strike inside the church by relatives of political prisoners. Although the government restored electricity and water services in January, Roman reported continual struggles throughout the year with government authorities threatening to cut off his utilities despite being current on his payments. On October 23, Cardinal Brenes told media that Catholic churches around the country struggled to pay “exaggerated charges” in their electric and water bills. Brenes questioned the charges, particularly considering churches did not conduct services or activities for many months during COVID-19 pandemic restrictions.

According to media, on December 20, police blocked a group of relatives of political prisoners from attending Mass at the Saint Joseph Church in Tipitapa. The Mass was for political prisoners and in memory of citizens killed during the civil protests of April 2018 in that city.

According to media reports, police on December 12-13 closed all access streets to Saint Joseph’s Church in Managua to prevent churchgoers and others from bringing donations for the communities on the Caribbean coast, which suffered two hurricanes within weeks of each other.

The Catholic Church continued to speak out against violence perpetrated by the government and progovernment groups and the lack of democratic institutions through clergy homilies and pastoral letters, calling for respect of human rights and the release of political prisoners, especially amid the COVID-19 pandemic. According to social media reports, on December 10, the Managua Archdiocese’s Peace and Justice Commission issued a message that “Nicaraguans’ struggles for peace, justice, freedom, and joy are infringed upon due to corruption, repression, and the violation of human rights.” On June 30, the Archdiocese of Managua issued a letter in which it condemned the government’s persecution of medical professionals, including firing medical staff for sharing information on COVID-19 contrary to the government’s claims of low transmission and death rates.

When the Catholic Church announced the suspension of all religious activities in March due to the COVID-19 pandemic, the government organized and sponsored the annual pilgrimage to Rivas and the annual celebration of Saint Lazarus in Masaya in March, both of which garnered massive crowds. The Diocese of Granada, which traditionally sponsored the pilgrimage to Rivas, issued a statement through its Facebook page, stating the March 26 processions were not sponsored by any of the churches in the diocese.

According to news reports, Monsignor Rolando Alvarez announced in April the opening of medical clinics in Matagalpa for COVID-19 patients and a call center to provide medical information to the public. Days after Alvarez’s announcement, the Ministry of Health announced it did not authorize the initiative. Alvarez reported constant government harassment throughout the year. In September, Bishop Abelardo Mata of Esteli reported the government shut down an agricultural school for low-income students sponsored by his diocese. Mata, an outspoken critic of the Ortega government for years, stated the government had tried to harass students and school management and disrupt the school’s operations since 2013. Mata said the Esteli Diocese had been considering opening a second technical school, but the government also thwarted those efforts. Monsignor Silvio Fonseca reported in October that the government refused to renew operational permits requested by several priest-directed NGOs, despite the NGOs meeting all legal requirements for renewal.

During the year, sources provided different estimates regarding how many clergy remained in exile and how many returned. They did not provide details, stating fear that the government could retaliate against returning clergy. In April, a news outlet interviewed three priests who went into exile in 2018 after receiving death threats from government supporters. One of the priests interviewed returned from exile and said he remained in hiding due to fear for his life. The other two priests continued in exile. The news report stated there were five priests who were forced to leave the country after 2018. In September, the Nicaraguan Immigration Office (NIO) revoked the permanent resident status of two foreign priests: Father Julio Melgar of El Salvador, who had served in the country for 40 years, and Father Luis Carrillo, of Colombia, who had served in the country for nine years. Melgar’s residence permit was due for renewal in 2024 and Carrillo’s in 2022. The NIO verbally notified both priests their residence permits had been revoked and the priests would need to reapply frequently: Carillo every six months and Melgar every month. Bishop Mata told media that the government’s actions toward Carillo and Melgar were designed to put pressure on the priests to either leave the country or cease denouncing the government’s human rights abuses during their homilies. Carrillo said the measure also imposed a financial burden because renewal processing fees ranged between 7,000 to 17,500 cordobas ($200 to $500), up from 5,000 cordobas ($140) in 2019.

In speeches during the year, President Ortega criticized Catholic clergy, typically linking clergy to what he characterized as U.S. intervention in the country’s sovereignty. In a September speech, Ortega cited U.S. citizen William Walker, who usurped the presidency of Nicaragua from July 1856 until May 1, 1857, to criticize the United States and the Catholic Church. Ortega identified Walker’s ambassador to the United States as a Catholic priest.

Religious groups said the government continued to politicize religious beliefs, language, and traditions, including by coopting religion for its own political purposes. Auxiliary Bishop of Managua Silvio Baez, termed by multiple press outlets, including La Prensa and Reuters, as one of the most outspoken critics of government human rights abuses, told Deutsche Welle in September that “what exists in Nicaragua is a crude manipulation of religion by the regime. It empties religion of all ethical content, of all content that demands personal conviction and social justice.” Baez continued to live abroad in exile due to constant harassment and death threats against him since April 2018. Religious groups also said that as a form of retaliation stemming from the country’s sociopolitical crisis that began in April 2018, the government continued to infringe on religious leaders’ rights to practice faith-based activities, including providing safe spaces in churches to students and others fleeing violence. Catholic clergy and media reported cases of government officials slandering, stigmatizing, and urging supporters to retaliate against houses of worship and clergy for their perceived opposition to the government.

In August, a well-known government social media coordinator posted a video from his personal account in which he stated the U.S. Ambassador had made a pact with the country’s Catholic Church to oust the ruling FSLN from government. The man named several bishops, calling them “trash” and “Satanists that only seek chaos in the country.” He urged progovernment supporters to prepare to retaliate for any attempts made by the Catholic Church in the country and the U.S. government to overthrow the government. Another government supporter and son of FSLN National Assembly member Gladys Baez used social media to threaten Catholic Church bishops, posting, “Patience has its limits,” and, “We don’t depend on a church, we are a secular country, not subordinate to a church, you coup-mongering priests are the primary promotors of the destruction of Nicaragua.”

With an economic crisis that sources stated was precipitated by the government’s violent suppression of prodemocracy protests in 2018, the national budget continued to shrink substantially. Although the constitution established the country as a secular state, the national budget since the 1990s included funding for Catholic and Protestant churches. Following dramatically decreased funding in 2019, the government’s 2020 and 2021 budgets omitted entirely funding for both Catholic and Protestant churches and religious groups. Local media viewed this as retribution for religious leaders’ outspoken opposition to the government, particularly among Catholic clergy.

In September, during the religious service for the burial of a young man, Bryan Coronado, a woman identified as a government supporter attended the burial uninvited and shouted obscenities at the deceased for not being a government supporter and chanted pro-Ortega slogans. During the March 3 funeral of renowned poet and priest Ernesto Cardenal in the Immaculate Conception Cathedral in Managua, a group of progovernment supporters with FSLN kerchiefs interrupted the service with banners and slogans that local human rights organizations said were used regularly by the government and its supporters against those they perceived as enemies.

Catholic clergy continued to report the government denied them access to prisons following the 2018 prodemocracy uprising. Prior to April 2018, clergy said they regularly entered prisons to celebrate Mass and provide communion and confession to detainees. Religious sources reported a large presence of NNP officers and police vehicles frequently surrounded Immaculate Conception Cathedral in Managua. Sources stated the officers intimidated worshippers and searched vehicles entering the cathedral grounds without cause, including vehicles driven by clergy.

According to press, human rights organizations, and social media reports, Catholic Church leaders throughout the country continued to experience harassment from government supporters, who often acted in tandem with police. Other Catholic leaders privately said they felt fear and intimidation when celebrating Mass. Priests said they often saw progovernment civilians attempt to intimidate them into public silence on political issues by recording their Sunday homilies. In October, a group of motorcyclists started a race in front of the Saint Peter’s Cathedral in Matagalpa, interrupting the regular Sunday service. The activity received authorization from the Matagalpa City Hall and police. In July, a similar group of motorcyclists intimidated worshippers at the same cathedral during a Sunday Mass. On the same day, a group of individuals in the city of Leon intimidated worshippers at the Basilica of the Assumption of the Blessed Virgin Mary, stopping the Mass. The group chanted loudly and placed FSLN flags in the church atrium.

Catholic and evangelical Protestant leaders said the government continued to restrict travel selectively for some visa applicants intending to visit the country for religious purposes based on the perceived political affiliation of the applicant’s local sponsor. According to Catholic clergy, a 2016 regulation instructing all churches to request entry authorization for their missionaries or religious authorities continued in effect.

In October, Monsignor Carlos Mantica told Voice of America prior to the approval of the law on registering foreign agents that the Catholic Church worried the law could endanger donations that Caritas, a Catholic NGO, received. He said that since 2018, Caritas had experienced delays in its operations due to the government’s refusal to issue Caritas’s annual operation permits and tax exemption approvals, which enabled it to receive items donated from abroad.

Bishop Carlos Herrera, President of Caritas of Nicaragua, told media in April that the government continued to deny Caritas its legally entitled tax exemptions. Herrera said the organization informed donors to stop sending donations because Caritas was unable to retrieve them from Customs. In December 2019, Customs released one of Caritas’ 13 containers retained since April 2018 with no explanation for the delay. Customs officials said the remaining 12 containers were lost without explanation. Caritas said the containers held donations of medical equipment and educational and health material intended for its social work. Caritas continued to report that the organization, accredited in the country since 1965, had since March 2018 not received its annually renewable certificate from the Ministry of Interior, which technically gave it permission to operate in the country. Caritas representatives continued to say the failure to renew the certificate impeded it from receiving tax exemptions, prohibited the importation of its materials, and hindered its ability to bring in medical missions as part of its social services. They stated they continued to reduce their social services because of harassment from government supporters in the communities where they worked.

According to Italian media, the Russian female national who fled Nicaragua in 2019 after a court found her guilty of throwing sulfuric acid at a priest of the Immaculate Conception Cathedral in Managua in 2018 was living in Italy as a refugee. The Sixth Criminal Court of Justice sentenced the woman to eight years in prison in May 2019, but in August 2019, media reported witnesses seeing the woman on a flight to Panama. In the same month, the Supreme Court of Justice’s spokesperson denied to a newspaper reporter that the attacker had been freed and said the testimony of witnesses stating to have seen her on a flight to Panama was false. CENIDH wrote in its report Attack on the Catholic Church in Nicaragua 2019-2020, released in July, that “this case reflects the corrupt and fallacious way in which the Ortega Murillo regime permits impunity [when acts are committed] against those they consider ‘their political or public enemies,’ crimes that they themselves perversely orchestrate.”

Nigeria

Executive Summary

The constitution bars the federal and state governments from adopting a state religion, prohibits religious discrimination, and provides for individuals’ freedom to choose, practice, propagate, or change their religion. The constitution provides for states to establish courts based on sharia or customary (traditional) law in addition to common law civil courts, although civil courts have preeminence over all other courts. Sentences may be appealed from sharia and customary courts to civil courts. In addition to civil courts, sharia courts function in 12 northern states and the Federal Capital Territory. Customary courts function in most of the 36 states. General insecurity throughout the country’s regions increased during the year: a terrorist insurgency in the North East; brazen kidnapping and armed robbery rings in the North West and southern regions; militant groups and criminal gangs in the South South region; and conflict between farmers and herders over access to land in the North Central region. There were incidents of violence involving predominantly Muslim Fulani herders and settled farmers, predominantly Christian but also Muslim, in the North Central and North West regions. The government continued ongoing security operations and launched additional operations that it stated were meant to stem insecurity created by armed criminal gangs and violent conflict over land and water resources that frequently involved rival ethnic groups. Various sources said the government did not take significant measures to combat insecurity throughout the country; the International Crisis Group said that state governments relied heavily on armed vigilante groups to help quell the violence, which it said was counterproductive. Some said this lack of government response exacerbated insecurity and failed to address underlying causes. A report by the Armed Conflict Location and Event Data Project (ACLED) stated the presence of state forces was “too inconsistent and limited to protect or support communities, or mitigate and suppress violence.” The government continued its detention of Sheikh Ibrahim El-Zakzaky, head of the Islamic Movement of Nigeria (IMN), a Shia organization, and his wife despite a December 2016 court ruling that they be released by January 2017. All the other members of IMN arrested during the 2015 clash with the military were released by February. On September 29, the Kaduna State High Court rejected a motion filed by El-Zakzaky and his wife to dismiss the case. The court adjourned the case to November and later to January 2021. During the year authorities arrested and detained two individuals under blasphemy laws: Yahaya Sharif-Aminu, sentenced to death for blasphemy on August 10, and 16-year-old Umar Farouq, sentenced to 10 years of imprisonment. Authorities detained Mubarak Bala, head of the Humanist Association of Nigeria, in April without filing any charges, although his attorneys stated they believed he was being held on charges related to allegations of insulting Islam on Facebook. The government at both the federal and state levels put temporary limitations on public gatherings, including religious services, in response to the coronavirus pandemic. Most churches and mosques throughout the country closed in April and May, during which time state governments arrested both Christian and Muslim leaders for violating lockdown orders. Beginning in June, the government’s easing of lockdown restrictions included reopening religious houses of worship with prevention measures in place.

Terrorist groups including Boko Haram and ISIS-West Africa (ISIS-WA) attacked population centers and religious targets and maintained a growing ability to stage forces in rural areas and launch attacks against civilian and military targets across the North East, according to observers. The groups continued to carry out a range of attacks targeting the local civilian population, including churches and mosques.

Violent conflicts between predominantly Muslim Fulani herdsmen and predominantly Christian farmers in the North Central states continued throughout the year. Some religious groups and nongovernmental organizations (NGOs) continued to express concern that this conflict had religious undertones. In addition to religious differences, local authorities, scholars, and regional experts pointed to ethnicity, politics, criminality, lack of accountability and access to justice, and increasing competition over dwindling land resources as among the key drivers of the violence. Attacks and killings attributed to Muslim Fulani herdsmen continued during the year. According to ACLED data, total civilian deaths numbered 2,454 during the year, compared with 2,198 in 2019 and 3,106 in 2018. Some domestic and international Christian groups stated that Muslim Fulani herdsman were targeting Christian farmers because of their religion. Local Muslim and herder organizations said unaffiliated Fulani were the targets of Christian revenge killings. Local and international NGOs and religious organizations criticized what they said was the government’s inability or unwillingness to prevent or mitigate violence between Christian and Muslim communities. Christian organizations reported several cases during the year of Muslim men kidnapping young Christian girls and forcing them into marriage and conversion to Islam.

The U.S. embassy, consulate general, and visiting U.S. government officials voiced concern over abuses and discrimination against individuals based on religion and religious tensions in the country in discussions throughout the year with government officials, including the Vice President, cabinet secretaries, and National Assembly members. Embassy and consulate general officials further strengthened their engagement on religious freedom issues with a wide range of religious leaders and civil society organizations, emphasizing the importance of interfaith relationships. The Ambassador and other senior embassy officials engaged with various religious groups throughout the year and delivered remarks on the importance of the respect for religious freedom at large religious gatherings. To mark Religious Freedom Day on January 16, the Ambassador hosted an interfaith roundtable with religious leaders to discuss issues of peace and security and to promote religious freedom. In July, the embassy held a roundtable with prominent religious leaders from different churches and dioceses in the country and discussed the violence occurring in the country, providing an overview of challenges and opportunities for affected communities. Interfaith discussions sought to identify areas of consensus and narrow the gap between competing narratives over the drivers of conflict in the country. Embassy officials and the Counselor of the Department of State met with religious leaders to discuss religious freedom and security during his visit in October.

On December 2, 2020, in accordance with the International Religious Freedom Act of 1998, as amended, the Secretary of State designated Nigeria a “Country of Particular Concern” for having engaged in or tolerated particularly severe violations of religious freedom and announced a waiver of sanctions that accompany designation in the “important national interest of the United States.”

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution stipulates neither the federal nor the state governments shall establish a state religion and prohibits discrimination on religious grounds. It provides for freedom of thought, conscience, and religion, including the freedom to change one’s religion and to manifest and propagate religion “in worship, teaching, practice, and observance,” provided these rights are consistent with the interests of defense, public safety, order, morality, or health, and protecting the rights of others. The constitution also states it shall be the duty of the state to encourage interfaith marriages and to promote the formation of associations that cut across religious lines and promote “national integration.” It prohibits political parties that limit membership based on religion or have names that have a religious connotation. The constitution highlights religious tolerance, among other qualities, as a distinct component of the “national ethic.”

The constitution provides for states to establish courts based on sharia or customary (traditional) law, in addition to common law civil courts, although civil courts have preeminence over all other courts. Sentences may be appealed from sharia and customary courts to civil courts. In addition to civil courts, sharia courts function in 12 northern states and the Federal Capital Territory. Customary courts function in most of the 36 states. The nature of a case and the consent of the parties usually determine what type of court has jurisdiction. The constitution specifically recognizes sharia courts for noncriminal proceedings; such courts do not have the authority to compel participation by non-Muslims or Muslims. At least one state, Zamfara, requires sharia courts to hear noncriminal cases in which all litigants are Muslim and provides the option to appeal any decision to the common law court. Non-Muslims have the option to have their cases tried in civil or sharia courts.

In addition to noncriminal matters, sharia courts also hear criminal cases if both the complainant and defendant are Muslim and agree to the venue. Despite constitutional language supporting only secular criminal courts and the prohibition against involuntary participation in sharia criminal courts, a Zamfara State law requires a sharia court hear all criminal cases involving Muslims in that state. Sharia courts may pass sentences based on the sharia penal code, including for serious criminal offenses for which the Quran and Islamic law provide hudud punishments such as caning, amputation, and stoning. Defendants have the right to challenge the constitutionality of sharia criminal statutes through common law appellate courts. The highest appellate court for sharia-based decisions is the Supreme Court, staffed by common law judges who, while not required to have any formal training in the sharia penal code, may seek advice from sharia experts. Included in the sharia laws are blasphemy laws which can carry sentences up to and including the death penalty, though the secular court system has historically vacated such sentences on appeal.

In the states of Kano and Zamfara, state-sanctioned Hisbah Boards regulate Islamic religious affairs and preaching, license imams, and attempt to resolve religious disputes between Muslims in those states. The states of Bauchi, Borno, Katsina, and Yobe maintain state-level Christian and Muslim religious affairs ministries or bureaus with varying mandates and authorities, while many other state governors appoint interfaith special advisers on religious affairs.

On August 7, President Muhammadu Buhari signed into law the Companies and Allied Matters Act of 2020 (CAMA), which streamlines procedures for and increases the ease of doing business in the country by outlining management responsibilities of businesses and organizations. The law contains provisions that, according to some legal scholars, could place some smaller religious organizations under the administrative control of the government.

Both federal and state governments have the authority to regulate mandatory religious instruction in public schools. The constitution prohibits schools from requiring students to receive religious instruction or to participate in or attend any religious ceremony or observance pertaining to any religion other than their own. State officials and many religious leaders stated that students have the right to request a teacher of their own religious beliefs to provide an alternative to any instruction offered in a religion other than their own. The constitution also states that no religious community shall be prevented from providing religious instruction to students of that community in any place that community wholly maintains.

Several states have laws requiring licenses for preachers, places of worship, and religious schools of registered religious groups. In Katsina State, the law establishes a board with the authority to regulate Islamic schools, preachers, and mosques, including by issuing permits, suspending operations, and imprisoning or fining violators. The Katsina law stipulates a punishment of one to five years in prison, a fine of up to 500,000 naira ($1,300), or both for operating without a license.

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

Numerous fatal intercommunal clashes continued throughout the year in the North Central region between predominantly Christian farmers from various ethnic groups and predominantly Muslim Fulani herders. The government undertook 20 targeted military operations whose aim it stated was to root out bandits and armed gangs in the region and to arrest perpetrators of communal and criminal violence, but multiple sources stated that the government measures were largely reactive and insufficient to address the violence.

According to multiple academic and media sources, banditry and ideologically neutral criminality was the primary driver of violence in the North West region, although religious figures and houses of worship were often victims. The government launched additional security operations in the North West region that it stated were meant to stem insecurity created by armed criminal gangs and violent conflict over land and water resources, which frequently involved predominantly Muslim Fulani herders and settled farmers, who were both Muslim and Christian.

Various sources stated the government did not take significant measures to combat insecurity, including ethnoreligious violence, throughout the country. The NGO International Crisis Group said in a report released during the year, “A further factor that has exacerbated violence in the North West is the state authorities’ negligence in dealing with the crisis.” The report said that many state governments relied primarily on arming vigilante groups to counter the violence, which it said was counterproductive. An ACLED report stated, “Responding to communal violence is not a priority of Nigeria’s state forces. A lack of government engagement leads to an increased reliance on local vigilante groups, and in turn, an increased accessibility to arms. Despite increasing their activity substantially since 2015, the overall presence of state forces is too inconsistent and limited to protect or support communities or mitigate and suppress violence.”

In a speech given at the funeral of Michael Nnadi, a Catholic seminary student killed by gang members in Kaduna State on January 31, Catholic Bishop of Sokoto Matthew Kukah commented on the situation in the northern part of the country, saying the government and what he called “the northern Muslim elite” was largely to blame for violence and poverty, especially affecting Christians. In his address he said, “We are being told that this situation has nothing to do with religion. Really? It is what happens when politicians use religion to extend the frontiers of their ambition and power…By denying Christians lands for places of worship across most of the northern states, ignoring the systematic destruction of churches all these years, denying Christians adequate recruitment, representation and promotions in the State civil services, denying their indigenous children scholarships, marrying Christian women or converting Christians while threatening Muslim women and prospective converts with death, they make building a harmonious community impossible.”

On March 19, Sultan of Sokoto Sa’ad Abubakar III stated at a Nigerian Interreligious Council (NIREC) meeting, “We have been reading and hearing reports about the persecution of Christians in Nigeria and I keep asking myself how? Christians are being killed, Muslims are also being killed and they are all lives created by God. For me, there is no persecution of anybody in this country. If you claim there is a persecution of Christians in Nigeria, there would also be claims of persecution of Muslims, but that would not solve the problem. People claim they are denied places to build mosques, churches in some parts of the country. But the right thing to do in such cases is to approach relevant authorities and not to make claims of persecution. I can quote from now till the next 100 years of things that have been done or not done to Muslims, but we usually approach relevant authorities in ways that we believe would bring solutions to the problems.”

Some religious freedom activists said the Buhari administration was sympathetic to foreign Fulanis and that many state governors made it easy for foreign Fulanis to receive documents referring to one’s ancestral home that could facilitate access to government services or certain privileges, which compounded resource disputes and sectarian conflict. Some civil society representatives protested President Buhari’s appointment of primarily Muslim northerners to high-level positions. They said there was a culture of impunity in the country and a lack of accountability for those who commit mass civilian killings.

In June, the UK Parliament’s All-Party Parliamentary Group for International Freedom of Religion or Belief released a report, Nigeria: Unfolding Genocide?, in which the group stated, “Another of the main drivers of the escalating violence is the Nigerian Government’s inability to provide security or justice to farmer or herder communities.” The report stated the parliamentary group agreed with Amnesty International’s conclusion that “failure to protect communities, as well as cases of direct military harassment or violence, combined with an unwillingness to instigate legitimate investigations into allegations of wrongdoing, ‘demonstrate, at least, willful negligence; at worst, complicity’ on the behalf of some in the Nigerian security forces.” The government responded in August by welcoming the report as well as “inputs that would help any peaceful coexistence of Nigerian citizens,” although it said it was “incorrect to assert that the government was doing nothing to address the intertwined threats” of farmer-herder clashes and Boko Haram terrorists. It also urged the authors of the report “to visit Nigeria, whether formally or informally, to discuss the points raised” in it.

According to media reports, Operation Sahel Sanity, one of multiple government paramilitary operations in the north, destroyed 197 of what it termed bandit hideouts, killed 220 bandits, arrested 892 suspects, and rescued 642 kidnap victims in the North West region during the second half of the year. Despite this, the reports said that government was unable to keep pace with the growing number and frequency of attacks, saying this was mostly because the security forces in the country were too few and spread too thin and bogged down in the northeast fighting Boko Haram and ISIS-WA. In November, President Buhari asked his chief of staff, Ibrahim Gambari, to engage with political, traditional, and religious leaders throughout the areas of the country that had seen outbreaks of violence to combat insecurity and engage with the country’s significant youth population. Following the National Governors’ Forum meeting on November 5, the 36 state executives committed to guidelines to engage with religious, traditional, and civil society leaders to “drive a common agenda and generate…support for security personnel who ensure the safety and wellbeing of all Nigerians.”

The government’s proscription of the IMN remained in place throughout the year, following a Federal High Court ruling in 2019 and the government’s subsequent banning of the IMN as an illegal organization. The government continued to emphasize that the IMN’s proscription “has nothing to do with banning the larger numbers of peaceful and law-abiding Shiites in the country from practicing their religion.”

Shia Rights Watch reported on January 23 that government forces used tear gas and firearms against protesters calling for the release of IMN head Sheikh Ibrahim El-Zakzaky, and authorities killed one protester and severely injured another.

Shia Rights Watch reported in June that the Federal High Court in Abuja awarded five million naira ($13,000) each for wrongful death to the families of three IMN members whom the police allegedly killed in July 2019. The judge also ordered the National Hospital to release the bodies of the three men. The body of a fourth individual, whom police also allegedly killed the same day, was not released but was kept in a different hospital.

An IMN spokesperson said police killed three IMN members during the group’s annual Ashura procession in Kaduna on August 24 and a further two died in clashes with police on August 30.

On August 24, an IMN spokesperson confirmed that all IMN members arrested in the 2015 Zaria clashes with the army except Sheikh Ibrahim El-Zakzaky and his wife had been released by February, despite a December 2016 court ruling that El-Zakzaky and his wife be released by January 2017. Local and international NGOs continued to criticize the lack of accountability for soldiers implicated in a December 2015 clash between the army and IMN members that, according to a Kaduna State government report, left at least 348 IMN members and one soldier dead, with IMN members buried in a mass grave. The Kaduna State High Court rejected El-Zakzaky’s motion to dismiss his and his wife’s case on September 29. On October 19, IMN members protested El-Zakzaky’s continued detention on the fifth anniversary of the violent clash with police in Zaria. On November 28, the High Court adjourned the case of El-Zakzaky and his wife to January 2021.

Blasphemy laws were part of the expanded sharia laws introduced between 1999 and 2000 in 12 Muslim majority states in the northern part of the country. Although in past years blasphemy laws were rarely, if ever, implemented, authorities arrested two individuals for blasphemy during the year. In September, a Kano State sharia court convicted and sentenced 16-year-old Farouq Omar, who had no legal representation at the time, to 10 years in prison and menial labor for committing blasphemy during an argument with a friend; after his case was reported in the press, Omar gained volunteer legal representation and his lawyers appealed the ruling. Various human rights groups and the United Nations Children’s Fund (UNICEF) condemned the judgment and called for its reversal. The same Kano State sharia court in August convicted and sentenced 22-year-old Yahaya Aminu-Sharif to death for blasphemy after he allegedly elevated a Tijaniyyah saint above the Prophet Mohammed in lyrics for a song he had written. Aminu-Sharif’s lawyers appealed the court’s decision. On April 28, authorities arrested Mubarak Bala, president of the Humanist Association of Nigeria, without charge. His attorneys said they believed it was related to Bala’s alleged insulting of Islam on social media. Bala was detained in a Kano prison without formal charges but was granted access to his lawyer in October. On December 21, the High Court ordered the police and other federal authorities to release Bala; however, because he was in Kano State custody, he remained in detention at year’s end.

Criminal groups committed crimes of opportunity, including kidnapping for ransom, armed robbery, and banditry in North West and South East regions. According to security experts, this criminal activity increased in volume, geographic scope, and attendant violence during the year. Clergy were often targeted as victims of these crimes, according to Christian organizations, because they are viewed as soft targets who often travel conspicuously without security in the evenings, are typically unarmed, have access to money, and generate significant media attention. While many churches, including the Catholic Church, formally refused to pay ransom, some communities raised money to ensure the return of their religious leaders. Family members of kidnap victims also sometimes paid ransom. Federal and state governments responded to increased criminality in the region with new security initiatives. The Nigerian Police Force increased the number of police checkpoints on major road networks. State governors across the regions ran local “community policing” operations to combat kidnappings, primarily through state-supported vigilante groups such as neighborhood watch groups, the Enugu Forest Guard, and the Abia State and Anambra State Vigilante Services. Media reports often said Fulani herdsmen were responsible for these attacks, particularly those in the South West region, but, according to analysts, most incidents were perpetrated by local armed criminal groups.

According to Muslim leaders in Nasarawa State and Benue State governor Samuel Ortom, there were groups of foreign Sahelian nomadic Mbororo pastoralists present in the country since 2017 who were often mistaken for indigenous Nigerian Fulani herdsmen. Christian leaders throughout the country criticized what they stated was a formal role that state governments played in welcoming the influx of these foreigners in a situation of increased levels of poverty and reduced job opportunities for permanent residents. Yoruba sociocultural groups, community leaders, and politicians in Oyo, Osun, and Ekiti States increasingly employed what sources stated was incendiary speech against the Mbororo, blaming them for a rise in crime and accusing the “invading herdsman” of looking to “Fulanize the south.”

The government at both the federal and state levels put temporary limitations on public gatherings, including religious services, in response to the coronavirus pandemic. Most churches and mosques throughout the country closed, but state governments arrested both Christian and Muslim leaders for violating lockdown orders. In March, both Christian and Muslim communities quickly complied when the government imposed quarantine measures; religious leaders said they underscored the necessity of staying home during Holy Week, including Easter, and the run-up to Ramadan. In Kaduna State, authorities arrested and arraigned two Christians on criminal disobedience charges on March 27 for attempting to hold church services, while three Muslims were charged with similar offenses on March 30 for holding congregational services in a mosque. Abuja officials arrested a prominent imam for violating stay-at-home orders but refrained from arresting a pastor who was preaching alone on camera at the Christ Embassy Church to worshipers online on Easter Sunday, April 12. In predominantly Christian Delta State, authorities arrested three pastors on Easter Sunday for violating lockdown orders issued the previous day. In Benue State, security personnel forcefully dispersed church services in remote areas where clergy disobeyed lockdown orders, although churches within city centers complied with the lockdown.

On July 8, police in Ohafia, Abia State, arrested Ifekwe Udo, the founder of the Assemblies of Light Bearer Greater Church of Lucifer, popularly known as the Church of Satan, for violating coronavirus pandemic lockdown directives. The following day, Christian youths stormed the church and demolished it. The town banished Udo in August after authorities released him from detention. At year’s end, he remained in exile in neighboring Imo State.

Beginning in June, the government’s easing of lockdown restrictions included reopening religious houses of worship that had pandemic prevention measures in place. In September, federal mandates limited public gatherings to no more than 50 persons in enclosed spaces. State-level mandates varied on the reopening of religious services as the pandemic progressed. In September, the Delta State government urged churches to hold multiple services to reduce the numbers of congregants at any one time in their buildings in compliance with modified coronavirus pandemic protocols. Due to the pandemic and Saudi Arabia’s closure of the Muslim holy places to international Hajj pilgrims, in August the National Hajj Commission of Nigeria announced that 90 percent of intending pilgrims declined a refund of their Hajj fare in lieu of a prepayment for the following year’s pilgrimage. The government similarly curtailed its sponsorship of Christian pilgrimages to Jerusalem in response to the pandemic.

On August 20, Jigawa State Hisbah authorities announced they had destroyed approximately 600 confiscated bottles of beer in Tundun Babaye village. In October, the Kano State government called for the arrest and prosecution of officials of the Nigerian Breweries company for arranging for the secret importation of beer, which is banned in the state on religious grounds.

Members of both Christian and Muslim groups continued to report some state and federal government laws discriminated against them. In August, the Anglican Church spoke against a newly enacted Anambra State law on burials that dictated the type, manner, and time of the religious service or rites and how they would be performed. The law was passed without the Church’s input, which it said violated the country’s constitution.

While CAMA, which President Buhari signed into law on August 7, neither specifically addresses nor exempts nonprofit, nongovernmental, or religious organizations nor contains language about religion, some NGOs and religious organizations raised concerns about the law. The Christian Association of Nigeria (CAN), the prominent umbrella organization of the country’s Christian groups, and NIREC criticized CAMA as possibly unconstitutionally infringing on freedom of association and religion by placing some smaller religious organizations under the administrative control of government. Under the new law, the federal government has broad and discretionary powers to withdraw, cancel, or revoke the certificate of any business or association; suspend and remove trustees (and appoint any one of their choice to manage the organization “in the public interest”); take control of finances of any association; and merge two associations without the consent and approval of their members. On August 31, Buhari denied CAMA had any intentional religious discrimination and called on CAN to propose amendments to the law. On October 5 he appealed to those who were aggrieved with some laws to be patient and seek reforms in line with democratic practices.

NIREC, headed by the Sultan of Sokoto and the president of CAN, met in March to discuss insecurity and the rise of crime in the country as well as the probable impact of COVID-19 on the lives of citizens. NIREC called on people of all religions to follow government health regulations and maintain calm.

State-level actors, including government, traditional, religious, and civil society organizations, regularly negotiated resolution of disputes. In September, religious and community leaders in the ethnically and religiously diverse Jos North Local Government Area in Plateau State pledged to live in peace and enhance economic development and tranquility following a two-day workshop organized by the African Initiative for Peace Building and Advancement. On October 14, Nasarawa State governor Abdullahi Sule, a Muslim, inaugurated the headquarters of the Evangelical Reformed Church of Christ in Alushi, calling on all Christians and Muslims in the diverse state to support his efforts to enhance peace, unity, and the development of Nasarawa.

Due to what sources stated was the promotion of peaceful coexistence by Plateau State governor Simon Lalong, in October, the Islamic Society of Removal of Innovation and Reestablishment of the Sunna (JIBWIS) began reconstruction of a mosque that had been demolished during sectarian riots in 2004 in the predominantly Christian state.

According to estimates from the Council on Foreign Relations online Nigeria Security Tracker, Islamist terrorist violence killed 881 persons (including security forces and civilians) during the year. More than 22,000 persons, most of them children, remained missing as a result of the Boko Haram Islamist insurgency, according to an International Committee of the Red Cross statement in September.

Terrorist groups including Boko Haram and ISIS-WA attacked population centers and religious targets and maintained a growing ability to stage forces in rural areas and launch attacks against civilian and military targets across the North East, according to observers. The groups continued to carry out suicide bombings – many by drugging and forcing young women and girls to carry out the bombings – targeting the local civilian population, including churches and mosques. According to local media, on January 26, two girls blew themselves up outside a mosque in Borno State, killing two others and injuring 14 persons praying at the time. Local media further reported that on Christmas Eve, Boko Haram terrorists killed seven persons in a raid on a Christian village in Borno State and torched homes and a church.

In January, members of Boko Haram kidnapped, held for ransom, and later beheaded Reverend Lawan Andimi, a Christian pastor and chairman of a local chapter of CAN. Following the Andimi killing, President Buhari released an op-ed entitled, Buhari: Pastor Andimi’s faith should inspire all Nigerians. In January, Boko Haram released a video in which a child soldier shoots a prisoner identified as a member of the Church of Christ in Nations. In the video, the shooter said the killing was in retaliation for Christian atrocities against Muslims in the country. According to media reports in February, more than 100 Boko Haram militants opened fire on civilians, set fire to houses, and burned down at least five churches in Garkida, Adamawa State. At a press conference in February, Minister of Information and Culture Lai Mohammed said of Boko Haram and ISIS-WA, “They have started targeting Christians and Christian villages for a specific reason, which is to trigger a religious war and throw the nation into chaos.”

ISIS-WA activity along the Maiduguri-Damaturu highway, the main humanitarian artery from neighboring Yobe State into Borno, included screenings at illegal checkpoints in Borno with the purported aim of detaining Christians, off-duty security force personnel, and humanitarian workers. On October 29, a security-focused NGO stated that suspected ISIS-WA operatives abducted three passengers they reportedly identified as Christians. Two of the three individuals were local NGO staff workers who were believed to remain in captivity at year’s end.

On the sixth anniversary of the Boko Haram kidnapping of 276 pupils from the Chibok Government Girls Secondary School in April 2014, 112 remained in captivity, according to government and media reports.

At year’s end, Leah Sharibu, captured by ISIS-WA in February 2018, remained a captive, reportedly because she refused to convert to Islam from Christianity.

North Korea

Executive Summary

The constitution provides for freedom of religious belief, with the stipulation that “religion must not be used as a pretext for drawing in foreign forces or for harming the State or social order.” In July, the UN Secretary-General reported to the UN General Assembly that the country “continues to severely restrict the rights to freedom of expression, freedom of thought, conscience and religion, and freedom of association and peaceful assembly.” Multiple sources indicated the situation had not changed since the 2014 Report of the UN Commission of Inquiry (COI) on Human Rights in the DPRK was published. The COI found an almost complete denial by the government of the rights to freedom of thought, conscience, and religion. In many instances, the COI determined that there were violations of human rights committed by the government that constituted crimes against humanity. The government reportedly continued to execute, torture, arrest, and physically abuse individuals engaged in almost any religious activities. The country’s inaccessibility and lack of timely information continued to limit the availability of details related to individual cases of abuse. It also made it difficult to estimate the number of religious groups in the country and their membership. The nongovernmental organization (NGO) Open Doors USA (ODUSA) estimated that at year’s end, 50,000 to 70,000 citizens were in prison for being Christian. In May, the NGO Christian Solidarity Worldwide (CSW) estimated 200,000 individuals were being held in prison camps, many for being Christian. The Database Center for North Korean Human Rights (NKDB), a South Korea-based NGO, citing defectors who arrived in South Korea from 2007 until December 2019 and other sources, reported 1,411 cases of violations of the right to freedom of religion or belief by DPRK authorities, including 126 killings and 94 disappearances. In October, the United Kingdom-based NGO Korea Future Initiative (KFI) released a report based on 117 interviews with defectors who were survivors, witnesses, or perpetrators of religious freedom violations from 1990 to 2019. Investigators identified 273 victims punished for engaging in religious practice or having contact with religious persons, attending places of worship, or sharing religious beliefs. The KFI report said they were subjected to arrest, detention, prolonged interrogations, punishment of family members, torture or sustained physical abuse, sexual violence, forced abortion, execution, and public trials. For the 19th consecutive year, ODUSA ranked the country number one on its annual World Watch List report of countries where Christians experienced “extreme persecution.” NGOs and defectors said the government often applied a policy of arresting or otherwise punishing family members of Christians. According to ODUSA, “If North Korean Christians are discovered, they [are] deported to labor camps as political criminals or even killed on the spot.” In response to the COVID-19 pandemic, the government on April 23 reportedly extended national emergency quarantine measures until the end of the year and ordered the public to refrain from attending large gatherings, including weddings, funerals, coming-of-age ceremonies, and observance of ancestral rites. In October, the UN special rapporteur stated the decreased contact with the outside world during the COVID-19 pandemic could exacerbate entrenched human rights violations. NGOs reported authorities continued to take measures, including imprisonment, against the practice of shamanism and “superstitious” activities. In September 2019, an NGO posted on social media a government video depicting Christians as “religious fanatics” and “spies” and calling converts “worthless people.” According to Radio Free Asia (RFA), authorities launched crackdowns on Falun Gong practitioners in 2019. According to NGOs, the government used religious organizations and facilities for external propaganda and political purposes. In June, the government demolished the inter-Korean liaison office after defector groups in South Korea sent materials over the border that included Bibles and other Christian materials.

The government encouraged all citizens to report anyone engaged in religious activity or in possession of religious material. There were reports of private Christian religious activity in the country, although the existence of underground churches and the scope of underground religious networks remained difficult to quantify. Defector accounts indicated religious practitioners often concealed their activities from family members, neighbors, coworkers, and other members of society due to fear of being branded as disloyal and concerns their activities would be reported to authorities. Some defector and NGO reports confirmed unapproved religious materials were available clandestinely. According to one source, the practice of consulting fortune tellers was widespread.

The U.S. government does not have diplomatic relations with the DPRK. The United States cosponsored a resolution adopted by consensus by the UN General Assembly in December that condemned the country’s “long-standing and ongoing systematic, widespread, and gross violations of human rights” and expressed very serious concern about abuses including imposition of the death penalty for religious reasons and restrictions on the freedoms of conscience, religion, or belief. The U.S. government raised concerns about religious freedom in the country in other multilateral forums and in bilateral discussions with other governments, particularly those with diplomatic relations with the country. In a speech delivered at the Vatican in September, the Secretary of State urged Christian leaders to support religious freedom for Christians in the DPRK.

Since 2001, the DPRK has been designated as a “Country of Particular Concern” (CPC) under the International Religious Freedom Act of 1998 for having engaged in or tolerated particularly severe violations of religious freedom. On December 2, 2020, the Secretary of State redesignated the country as a CPC and identified the following sanction that accompanied the designation: the existing ongoing restrictions to which North Korea is subject, pursuant to sections 402 and 409 of the Trade Act of 1974 (the Jackson-Vanik Amendment) pursuant to section 402(c)(5) of the Act.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states that citizens have freedom of religious belief. This right is granted through the approval of the construction of religious buildings and the holding of religious ceremonies. It further states, “Religion must not be used as a pretext for drawing in foreign forces or for harming the state and social order.”

According to a 2014 official government document, “Freedom of religion is allowed and provided by the State law within the limit necessary for securing social order, health, social security, morality and other human rights.”

The country’s criminal code punishes a “person who, without authorization, imports, makes, distributes, or illegally keeps drawings, photographs, books, video recordings, or electronic media that reflect decadent, carnal, or foul contents.” The criminal code also bans engagement in “superstitious activities in exchange for money or goods.” According to local sources, this prohibition includes fortune telling. The NGO Committee for Human Rights in North Korea (HRNK) reported that under these two provisions, ownership of religious materials brought in from abroad is illegal and punishable by imprisonment and other forms of severe punishment, including execution.

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

There were reports the government continued to execute, torture, arrest, and physically abuse individuals engaged in almost any religious activities. The country’s inaccessibility and lack of timely information continued to make individual arrests and punishments difficult to verify. The July 30 UN Secretary-General’s report Situation of the human rights situation in the DPRK stated the DPRK “continues to severely restrict the rights to freedom of expression, freedom of thought, conscience and religion, and freedom of association and peaceful assembly… During the reporting period [September 2019 to July 2020], there was no evidence of any improvement with respect to the fulfilment of these fundamental rights and freedoms.” The report stated that the government “maintains a monopoly over information and retains total control of organized social life.” Multiple sources indicated the situation in the country had not changed since publication of the 2014 COI final report, which concluded there was an almost complete denial by the government of the rights to freedom of thought, conscience, and religion as well as the rights to freedom of opinion, expression, information, and association. It further concluded that in many instances, the violations of human rights committed by the government constituted crimes against humanity, and it recommended the United Nations ensure those most responsible for the crimes against humanity were held accountable.

In response to the COVID-19 pandemic, the government on April 23 reportedly extended national emergency quarantine measures until the end of the year and ordered the public to refrain from attending large gatherings, including weddings, funerals, coming-of-age ceremonies, and observance of ancestral rites. The October 14 Report of the UN Special Rapporteur on the Situation of human rights in the Democratic People’s Republic of Korea stated, “The surveillance and control over the population continue in the Democratic People’s Republic of Korea, and the decreased contact with the outside world during the COVID-19 pandemic could exacerbate entrenched human rights violations, with more freedoms being restricted, discrimination worsening, and treatment in detention, including in political prison camps aggravating.”

In October, KFI released a report entitled Persecuting Faith: Documenting Religious Freedom Violations in North Korea, Volume I. The report was based on 117 interviews with defectors who were survivors, witnesses, and perpetrators of religious freedom violations from 1990 to 2019. Investigators identified 273 victims of religious freedom violations. Of these, 215 adhered to Christianity, 56 adhered to shamanism, and two to other beliefs. The victims ranged in age from three to older than 80 years old. Women and girls accounted for nearly 60 percent of documented victims. According to the report, the government charged individuals with engaging in religious practice, conducting religious activities in China, possessing religious items, having contact with religious persons, attending places of worship, and sharing religious beliefs. In some cases, the government charged a single victim with multiple offenses. Individuals were subject to arrest, detention, prolonged interrogations, refoulment, punishment of family members, torture or sustained physical abuse, sexual violence, execution, and public trials and “resident exposure meetings.” According to the report, “In many cases, a single victim experienced multiple violations.”

In December 2019, ODUSA published a report entitled North Korea: Country Dossier. The report identified Communist doctrine and the cult of personality surrounding leader Kim Jong Un as the main drivers of religious persecution. According to the report, Christians were regarded as enemies of the Workers Party of Korea’s ideology.

The NKDB, relying on reports from defectors and other sources, aggregated 1,411 specific cases of abuses of the right to freedom of religion or belief by authorities within the country from 2007 to December 2019. Charges included propagation of religion, possession of religious materials, religious activity, and contact with religious practitioners. Of the 1,411 cases, authorities reportedly killed 126 individuals (8.9 percent), disappeared 94 (6.7 percent), physically injured.79 (5.6 percent), deported or forcibly relocated 53 (3.8 percent), detained 826 (58.5 percent), restricted movement of 147 (10.4 percent), and persecuted 86 (7.9 percent) using other methods of punishment.

The NGO NK Watch estimated that 135,000 political prisoners continued to be held in four political prison camps between September 2019 and July 2020. According to the South Korean government-affiliated Korea Institute for National Unification’s (KINU) 2019 white paper on human rights, the government operated five political prison camps. ODUSA estimated that as of year’s end, 50,000 to 70,000 citizens were in prison for being Christian. In May, CSW estimated 200,000 individuals were being held in prison camps, many for being Christian. CSW and ODUSA said the government maintained a policy of arresting or otherwise punishing relatives of Christians, meaning they could be detained regardless of their beliefs. According to one defector, an entire family was arrested when an informant revealed the family had a Bible.

In its annual World Watch List report, ODUSA for the 19th year in a row ranked the country number one on its watch list of countries where the government persecutes Christians. The NGO stated in its dossier, “If North Korean Christians are discovered, they are deported to labor camps as political criminals or even killed on the spot.” ODUSA stated arrests and abductions of foreign missionaries and punishments for Christians increased. “Christians do not have the slightest space in society; meeting other Christians in order to worship is almost impossible and if some dare to, it has to be done in utmost secrecy.” The ODUSA dossier stated increased diplomatic activity starting with and following the Pyeongchang Winter Olympics in South Korea in February 2018 did not improve religious freedom for Christians in the country. According to the dossier, police raids aimed at identifying and punishing citizens with “deviating thoughts,” including Christians, reportedly increased.

Religious organizations and human rights groups outside the country continued to report that members of underground churches were arrested, beaten, tortured, and killed because of their religious beliefs. One defector told the NKDB in 2018 that a Christian woman was beaten while in custody, denied water, and died of dehydration. Another defector told NKDB in 2017 that in 2011, a Christian woman became so ill in detention she could not feed herself, and when she asked a guard a question, he beat her to death with a ladle.

According to KFI, Christians reported experiencing various forms of torture, “including: being forced to hang on steel bars while being beaten with a wooden club; being hung by their legs; having their body tightly bound with sticks; being forced to perform “squat-jumps” and to sit and stand hundreds or thousands of times each day; having a liquid made with red pepper powder forcibly poured into their nostrils; being forced to kneel with a wooden bar inserted between their knee hollows; strangulation; being forced to witness the execution or torture of other prisoners; starvation; being forced to ingest polluted food; being forced into solitary confinement; being deprived of sleep; and being forced to remain seated and still for up to and beyond 12 hours a day.” The report also documented incidents of torture and physical assault inflicted on persons adhering to shamanism. One victim who had been imprisoned for three years for practicing shamanism sustained permanent damage to the eyes because of repeated physical assaults.

According to KFI, authorities subjected pregnant adherents to forced abortions in detention or killed their infants shortly after birth by smothering them.

KFI also reported that officials repeatedly warned citizens in lectures and “people’s unit meetings” to not read Bibles and to report anyone who owned a Bible. The report documented multiple instances in which authorities found an individual in possession of a Bible and sent the person and other household members to prison. In one case, a Korean Workers’ Party member was arrested for possessing a Bible and executed at Hyesan airfield in front of 3,000 residents. Another respondent told investigators that a relative was arrested for possessing a cross and a Bible after the relative’s partner reported the individual to authorities.

In September 2019, the Christian advocacy group Voice of the Martyrs USA (VOM) posted to YouTube what it described as a “government training video.” In the video, the narrator tells the story of a Christian named Cha Deoksun from Sariwon City who crossed the border illegally into China, where she converted to Christianity. The narrator said the pastors of the church were disguised members of the South Korean secret service and converts were “spies.” Upon returning to North Korea, Cha traveled around the country preaching and organizing an underground church. The narrator described Cha as a “religious fanatic” and “good-for-nothing.” According to the video, she converted her family and other “worthless people.” At some point, “one of our conscientious citizens” reported Cha to authorities and she was arrested. VOM stated, “It is unclear how Deoksun died, but it is possible that she was executed.”

According to KFI, authorities arrested and executed individuals for possessing and sharing religious items such as Bibles. In one case, a victim who brought Bibles into the country was arrested and executed by firing squad close to Samjiyon Hospital, Ryanggang Province, in front of approximately 300 witnesses. In another case, a victim who had been in contact with religious persons was detained and interrogated in North Hamgyong Province. During her detention, an officer shouted at her, “Hey, you [expletive]. Does God know that you are in here?” The officer ordered the woman to crawl backwards out of her cell on hands and knees and beat her with a wooden club.

According to the NKDB, in 2016, there were forced disappearances of persons found to be practicing religion within detention facilities.

International NGOs and North Korean defectors continued to report that any religious activities conducted outside of those that were state-sanctioned, including praying, singing hymns, and reading the Bible, could lead to severe punishment, including imprisonment in political prison camps. According KINU’s 2019 white paper on human rights, authorities punished both “superstitious activities” – including fortune telling – and religious activities, but the latter more severely. In general, punishment was very strict when citizens or defectors had studied or possessed a Bible or were involved with Christian missionaries; authorities frequently punished those involved in superstitious activity with forced labor, which reportedly could be avoided by bribery.

KFI documented cases in which family members of persons who had been charged with crimes associated with religion were subsequently targeted. In certain incidents, this led to the arrests of children as young as three. In other incidents, entire families were arrested. Investigators also documented incidents in which the spouses of persons sentenced for religious crimes were forced to divorce victims.

According to RFA, authorities launched crackdowns on Falun Gong practitioners in 2019.

The government reportedly detained foreigners who it said were engaged in religious activity within the country’s borders. There was no further information on Kim Jung-wook, detained in October 2013; Kim Guk-gi, detained in October 2014; or Choi Chun-gil, detained in December 2014 – three South Korean missionaries detained in the country and sentenced to life in prison for “spying and scheming.” In December 2018, The Korea Times reported the South Korean government tried to negotiate their release.

During the year, VOM undertook a letter-writing campaign to urge the government to release Jang Moon Seok (aka Zhang Wen Shi), an ethnic-Korean Chinese national living in Changbai, China, on the border with North Korea. VOM stated that “Deacon Jang” assisted North Koreans who crossed the border and shared his faith with them. According to VOM, in November 2014, North Korean authorities kidnapped Jang from China, imprisoned him, and sentenced him to 15 years in prison.

In 2019, the HRNK reported the government continued to promote a policy that all citizens, young and old, participate in local defense and be willing to mobilize for national defense purposes. There were neither exceptions for these requirements nor any alternative to military service for conscientious objectors.

Juche (“self-reliance”) and Suryong (“supreme leader”) remained important ideological underpinnings of the government and the cults of personality of previous leaders Kim Il Sung and Kim Jong Il, as well as current leader Kim Jong Un. Refusal on religious or other grounds to accept the leader as the supreme authority was regarded as opposition to the national interest and reportedly resulted in severe punishment. Some scholars stated the Juche philosophy and reverence for the Kim family resembled a form of state-sponsored theology. Approximately 100,000 Juche research centers reportedly existed throughout the country. KINU’s 2019 white paper reported one defector as saying, “North Korea oppresses religion, particularly Christianity, because of the sense that the one-person dictatorship can be undermined by religious faith.”

The 2014 COI report found the government considered Christianity a serious threat that challenged the official cults of personality and provided a platform for social and political organization and interaction outside the government. The report concluded that Christians faced persecution, violence, and heavy punishment if they practiced their religion outside state-controlled churches. The report further recommended the country allow Christians and other religious believers to exercise their religions independently and publicly without fear of punishment, reprisal, or surveillance.

According to NGOs, the government’s policy towards religion was intended to maintain an appearance of tolerance for international audiences while suppressing internally all religious activities not sanctioned by the state. As it had in years past, KINU stated in its 2019 annual white paper on human rights that it was “practically impossible for North Korean people to have a religion in their daily lives.” According to the NKDB, the constitution represented only a nominal freedom granted to political supporters and only when the regime deemed it necessary to use it as a policy tool. A survey of 12,625 refugees between 2007 and March 2018 by the NKDB found 99.6 percent said there was no religious freedom in the country.

According to the NKDB, the South Korean government estimated that as of 2018, there were 121 religious facilities in the DPRK, including 60 Buddhist temples, 52 Chondoist temples, three state-controlled Protestant churches, and one Russian Orthodox church. The 2015 KINU annual white paper counted 60 Buddhist temples and reported most citizens did not realize Buddhist temples were religious facilities and did not regard Buddhist monks as religious figures. The temples were regarded as cultural heritage sites and tourist destinations. KINU’s 2019 annual white paper concluded no religious facilities existed outside of Pyongyang.

In its 2019 report, KINU stated the government continued to use authorized religious organizations for external propaganda and political purposes and reported citizens were strictly barred from entering places of worship. Ordinary citizens considered such places primarily as “sightseeing spots for foreigners.” KINU concluded the lack of churches or religious facilities in the provinces indicated ordinary citizens did not have religious freedom. In its 2020 annual report, the NKDB stated, “Although there are several churches and other religious facilities in North Korea, such as Chilgol and Bongsu Church, as well as Jangchung Cathedral, they are sponsored entirely by the state, and therefore access to the facilities for the sake of genuine religious activity, especially for regular citizens, is heavily restricted.” Less than 2.5 percent of 13,958 defectors the NDKB interviewed between 1997 and 2019 said they had visited religious facilities. The 2014 COI report concluded that authorities systematically sought to hide the persecution of Christians who practiced their religion outside state-controlled churches from the international community by pointing to the small number of state-controlled churches as exemplifying religious freedom and pluralism.

The five state-controlled Christian churches in Pyongyang included three Protestant churches (Bongsu, Chilgol, and Jeil Churches), a Catholic church (Changchung Cathedral), and the Russian Orthodox Church of the Life-giving Trinity, which falls under the jurisdiction of the Moscow Patriarchate. The Chilgol Church, a state-controlled Protestant church, was dedicated to the memory of former leader Kim Il Sung’s mother, Kang Pan Sok, a Presbyterian deaconess. The number of congregants regularly worshiping at these churches was unknown, and there was no information on whether scheduled services were available at these locations. Some defectors who previously lived in or near Pyongyang reported knowing about these churches. In KINU’s 2019 report, one defector said that when he lived in Pyongyang, authorities arrested individuals, whom they believed lingered too long outside these churches to listen to the music or consistently drove past them each week when services were being held, on suspicion of being secret Christians. This defector also said authorities quickly realized one unintended consequence of allowing music at the services and permitting persons to attend church was that many attendees converted to Christianity, and therefore authorities took steps to mitigate that outcome. Numerous other defectors from outside Pyongyang reported no knowledge of these churches. According to KINU, in years past, foreign Christians who visited the country testified they witnessed church doors closed on Easter Sunday, and many foreign visitors said church activities seemed to be staged. In its 2019 dossier on North Korea, ODUSA stated, “The churches shown to visitors in Pyongyang serve mere propaganda purposes.”

Foreign legislators who attended services in Pyongyang in previous years reported congregations arrived and departed services as groups on tour buses, and some observed the worshippers did not include any children. Some foreigners noted they were not permitted to have contact with worshippers, and others stated they had limited interaction with them. Foreign observers had limited ability to ascertain the level of government control over these groups but generally assumed the government monitored them closely. KINU’s 2019 white paper described the example of Bongsu Protestant Church in Pyongyang, which was built in September 1988. Defectors reported that only the building guard and the guard’s family lived there, but when foreign guests came to visit, several hundred citizens between the ages of 40 and 50 were carefully selected and gathered to participate in fake church services.

In its 2002 report to the UN Human Rights Committee, the government reported the existence of 500 “family worship centers.” According to the 2019 KINU report, not one defector who testified for the report was aware of the existence of such “family churches.” According to a survey of 12,810 defectors cited in the 2018 NKDB report, none saw any of these purported home churches, and only 1.3 percent of respondents believed they existed. Observers stated “family worship centers” could be part of the state-controlled Korean Christian Federation (KCF).

The 2018 NKDB report noted the existence of state-sanctioned religious organizations in the country, such as the KCF, Korea Buddhist Union, Korean Catholic Council, Korea Chondoist Church Central Committee, Korea Orthodox Church Committee, and Korean Council of Religionists. There was minimal information available on the activities of such organizations, except for some information on inter-Korean religious exchanges in 2015.

The government-established Korean Catholic Council continued to hold masses at the Changchung Cathedral, but the Holy See continued not to recognize it as a Roman Catholic church. There were no Vatican-recognized Catholic priests, monks, or nuns residing in the country.

According to foreign religious leaders who traveled to the country in previous years, there were Protestant pastors at Bongsu and Chilgol Churches, although it was not known if they were citizens or visiting pastors.

Five Russian Orthodox priests served at the Russian Orthodox Church of the Life-giving Trinity, purportedly to provide pastoral care to Russians in the country. The clergy included North Koreans, several of whom had reportedly studied at the Russian Orthodox seminary in Moscow.

In 2019, United Press International cited a report by the state-run media outlet Ryomyong describing an Easter Sunday Mass at Pyongyang’s Changchung Cathedral. According to Ryomyong, citizens and foreign worshippers attended.

The NKDB stated officials conducted thorough searches of incoming packages and belongings at ports, customs checkpoints, and airports to search for religious items as well as other items the government deemed objectionable. ODUSA reported some individuals brought audio devices containing the Bible and other religious materials from China or smuggled in radios for local residents to listen to Christian broadcasts from overseas.

According to KFI, beginning in kindergarten, children were taught antireligious views, with a particular focus on Christianity. The report stated, “While Buddhism and Cheondogyo were explained as matters of historical interest, rather than as religions, it was Christianity that was singled out for attention within the public-school system. Multiple respondents spoke of textbooks containing sections on Christian missionaries that listed their “evil deeds,” which included rape, blood sucking, organ harvesting, murder, and espionage.”

In June, the government demolished the inter-Korean liaison office, a building in the city of Kaesong near the border with South Korea. Media reported that the demolition occurred in retaliation after defector groups in South Korea sent anti-DPRK government leaflets and other materials over the border. Christian media reported that items sent over the border also often contained Christian materials, including tracts and testimonies written by North Korean Christian refugees, physical Bibles, and digital copies of the Bible on flash drives. Kim Yo Jong, then first deputy director of the Propaganda and Agitation Department and the sister of Kim Jong Un, denounced those who sent the material as “betrayers” and “human scum.”

According to KINU, religion continued to be used to justify restricting individuals to the lowest class rungs of the songbun system, which classifies persons on the basis of social class, family background, and presumed support of the regime. The songbun classification system resulted in discrimination in education, health care, employment opportunities, and residence. KINU continued to report that religious persons and their families were perceived to be “antirevolutionary elements.”

According to KINU’s 2019 report, the government continued to view religion as a means of foreign encroachment. In the report, KINU quoted the North Korean Academy of Social Science Philosophy Institute’s Dictionary on Philosophy as stating, “Religion is historically seized by the ruling class to deceive the masses and was used as a means to exploit and oppress, and it has recently been used by the imperialists as an ideological tool to invade underdeveloped countries.” KINU reported citizens continued to receive education from authorities at least twice a year that emphasized ways to detect individuals who engaged in spreading Christianity.

The government reportedly continued to be concerned that faith-based South Korean relief and refugee assistance efforts along the northeast border with China had both humanitarian and political goals, including the overthrow of the government, and to allege that these groups were involved in intelligence gathering. The government reportedly maintained tight border controls that became even stricter in an effort to prevent the spread of COVID-19, hindering relief and assistance activities.

In 2019, the Asia Times reported that South Korean-based Christian charities said the government sometimes declined aid for political reasons and that in some cases, the charities distributed the aid in secret through underground Christian networks.

In December, the UN General Assembly passed by consensus a resolution, cosponsored by the United States, that condemned “in the strongest terms the long-standing and ongoing systematic, widespread, and gross violations of human rights in and by the Democratic People’s Republic of Korea, including those that may amount to crimes against humanity.” The General Assembly expressed its very serious concern at “the imposition of the death penalty for political and religious reasons,” and “all-pervasive and severe restrictions, both online and offline, on the freedoms of thought, conscience, religion or belief, opinion and expression, peaceful assembly and association[.]” The UN General Assembly also strongly urged the government “to respect fully all human rights and fundamental freedoms[.]” The annual resolution again welcomed the Security Council’s continued consideration of the COI’s relevant conclusion and recommendations.

Pakistan

Executive Summary

The constitution establishes Islam as the state religion and requires all provisions of the law to be consistent with Islam. The constitution states, “Subject to law, public order, and morality, every citizen shall have the right to profess, practice, and propagate his religion.” It also states, “A person of the Qadiani group or the Lahori group (who call themselves Ahmadis) is a non-Muslim.” The courts continued to enforce blasphemy laws, punishment for which ranges up to the death penalty. According to civil society reports, there were many individuals imprisoned on blasphemy charges, at least 35 of whom had received death sentences, as compared with 82 individuals imprisoned on blasphemy charges and 29 who received death sentences in 2019. According to the Center for Social Justice, a national nongovernmental organization (NGO), at least 199 individuals were accused of blasphemy offenses, a significant increase over 2019 and the highest number of blasphemy cases in a single year in the country’s history. The accused were mostly Shia (70 percent of cases) and Ahmadi Muslims (20 percent of cases). Other NGOs corroborated that 2020 had seen an increase in blasphemy cases. The Human Rights Commission of Pakistan (HRCP), a national NGO, expressed concern over a surge in blasphemy cases against religious minorities, particularly the Shia community, and the continued potential for sectarian violence. It stated that more than 40 cases against religious minorities were registered under the blasphemy laws in August alone. In October, the Lahore High Court acquitted a Christian of blasphemy, the first such ruling since 2018. The court acquitted a second Christian in December. Ahmadiyya Muslim community leaders continued to report they were affected by discriminatory and ambiguous legislation and court judgments that denied them basic rights, including a 2018 Islamabad High Court judgment that some government agencies continued to use to deny national identification cards to Ahmadi Muslims. In May, the Cabinet approved a proposal creating a National Commission for Minorities within the Ministry of Religious Affairs. Religious freedom activists and civil society groups said the proposal was “toothless” and raised concerns regarding the ministry’s lack of public consultation, the limited powers of the proposed body, and the fact that Ahmadi Muslims were excluded. The government of Punjab, the country’s largest province, passed a series of measures against Ahmadi Muslim beliefs. Throughout the year, some government officials and politicians engaged in anti-Ahmadi rhetoric and attended events that Ahmadi Muslims said incited violence against members of their community. Following the July killing of U.S. citizen and self-identified Ahmadi Muslim Tahir Naseem, who was standing trial for blasphemy charges, some political party leaders celebrated the killer’s actions. In December, using expanded authorities granted by the government in November, the Pakistani Telecommunications Authority publicly demanded the removal of “sacrilegious” content from the Google Play Store and Wikipedia. NGOs expressed concern that authorities often failed to intervene in instances of societal violence against religious minorities due to fear of retaliation, inadequate staff, or apathy. Perpetrators of societal violence and abuses against religious minorities often faced no legal consequences due to a lack of follow-through by law enforcement, bribes offered by the accused, and pressure on victims to drop cases. The government took some measures to protect religious minorities. On January 26, for example, a local court sentenced four boys for vandalizing a Hindu temple in Sindh’s Tharparkar District, the first attack on a Hindu temple in that area in more than 30 years; minority lawmakers and civil society activists reacted strongly to the attack. In July, religious and right-wing parties criticized the government’s plan to permit construction of a new Hindu temple in Islamabad.

Armed sectarian groups, including Lashkar-e-Jhangvi (LeJ), Tehreek-e-Taliban Pakistan (TTP), and the once-banned anti-Shia group Sipah-e-Sahaba Pakistan (SSP), which is connected to other organizations banned by the government as extremist, and groups designated as terrorist organizations by the United States and other governments, continued to stage attacks targeting Shia Muslims, including the predominantly Shia Hazara community. According to the South Asia Terrorism Portal (SATP), however, the number of sectarian attacks and killings by armed groups decreased compared with previous years, corresponding with a continued overall decline in terrorist attacks. The government continued to implement the National Action Plan against terrorism, including countering sectarian hate speech and extremism as well as conducting military and law enforcement operations against violent groups. Multiple civil society groups and faith community leaders stated the government had increased efforts to provide enhanced security at religious minority places of worship, which had been frequent targets of attack in past years. Police and security forces throughout the country enhanced security measures during religious holidays in consultation with religious leaders.

Throughout the year, unidentified individuals targeted and killed Shia Muslims, including ethnic Hazaras, and Ahmadi Muslims in attacks believed to be religiously motivated. There were a series of additional violent incidents targeting Ahmadis following the Tahir Naseem killing in a Peshawar courtroom. An Ahmadi trader in Peshawar was shot near his business on August 12. On October 5, also in Peshawar, Ahmadi professor Naeemuddin Khattak was shot and killed while driving home from work. On November 9, also in Peshawar, unknown gunmen killed an 82-year-old retired government worker who was a member of the Ahmadiyya Muslim community while he was waiting for a bus. The attackers’ relationship to organized terrorist groups was often unclear. Human rights activists reported numerous instances of societal violence related to allegations of blasphemy; of efforts by individuals to coerce religious minorities to convert to Islam; and of societal harassment, discrimination, and threats of violence directed at members of religious minority communities. Sunni groups held three large rallies in Karachi in September, with speakers warning Shia Muslims of dire consequences, including beheadings, if they continued to blaspheme against the Prophet Mohammed’s companions. NGOs expressed concern about what they stated was the increasing frequency of attempts to kidnap, forcibly convert, and forcibly marry young women from religious minority communities, especially young Hindu and Christian women. There continued to be reports of attacks on holy places, cemeteries, and religious symbols of Hindu, Christian, and Ahmadiyya minorities. According to Ahmadi Muslim civil society organizations, the government failed to restrict advertisements or speeches inciting anti-Ahmadi violence, as provided for in the National Action Plan. Civil society groups continued to express concerns about the safety of religious minorities.

Senior Department of State officials, including the Office of International Religious Freedom’s Special Advisor for Religious Minorities, the Charge d’Affaires, consuls general, and other embassy officers met with government officials and senior advisors to the Prime Minister, including the Minister for Human Rights, and officials from the Ministry of Law and Justice, Ministry of Foreign Affairs, Ministry of Interior, Ministry of Federal Education and Professional Training, and Ministry of Religious Affairs and Interfaith Harmony to discuss blasphemy law reform; laws concerning Ahmadi Muslims; the need to better protect members of religious minority communities; sectarian relations; and religious respect. Embassy officers continued to engage civil society leaders, local religious leaders, religious minority representatives, and legal experts in discussing ways to combat intolerance and promote interfaith cooperation to increase religious freedom. Visiting U.S. government officials met with religious minority community representatives, parliamentarians, human rights activists, and members of the federal cabinet to highlight concerns regarding the treatment of religious minority communities, the application of blasphemy laws, and other forms of discrimination on the basis of religion. The embassy highlighted the principles of religious freedom and examples of interfaith dialogue in the United States on its social media platforms throughout the year. U.S. government cultural centers in Khairpur, Hyderabad, and Karachi held events to promote religious freedom. Following the killing of Tahir Naseem, the Department of State issued a statement expressing outrage over the killing and noting that Naseem had been lured from his home in the United States by individuals who used blasphemy laws to entrap him. The statement also called on the government to reform its blasphemy laws and court system and to ensure that the suspect in Naseem’s killing be prosecuted to the full extent of the law. Following the killing of Ahmadi physician Tahir Ahmad in November, the Ambassador at Large for International Religious Freedom posted an official tweet calling upon authorities to ensure the safety of all Pakistanis.

On December 2, the Secretary of State redesignated Pakistan as a “Country of Particular Concern” (CPC) under the International Religious Freedom Act of 1998, as amended, for having engaged in or tolerated particularly severe violations of religious freedom and announced a waiver of the sanctions that accompany designation as required in the important national interests of the United States.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution establishes Islam as the state religion but states, “Subject to law, public order, and morality, every citizen shall have the right to profess, practice, and propagate his religion.” According to the constitution, every citizen has the right to freedom of speech, subject to “reasonable restrictions in the interest of the glory of Islam,” as stipulated in the penal code. According to the penal code, the punishments for persons convicted of blasphemy include the death penalty for “defiling the Prophet Mohammed,” life imprisonment for “defiling, damaging, or desecrating the Quran,” and up to 10 years’ imprisonment for “insulting another’s religious feelings.” Speech or action intended to incite religious hatred is punishable by up to seven years’ imprisonment. Under the 2016 Prevention of Electronic Crimes Act (PECA), the Ministry of Religious Affairs and Interfaith Harmony is responsible for reviewing internet traffic and reporting blasphemous or offensive content to the Pakistan Telecommunications Authority for possible removal or to the Federal Investigative Agency for possible criminal prosecution.

The constitution defines “Muslim” as a person who “believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Mohammed… the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet after Mohammed.” It also states that “a person belonging to the Christian, Hindu, Sikh, Buddhist, or Parsi community, a person of the Qadiani group or the Lahori group (who call themselves Ahmadis), or a Baha’i, and a person belonging to any of the scheduled castes” is a “non-Muslim.”

According to the constitution and the penal code, Ahmadis may not call themselves Muslims or assert they are adherents of Islam. The penal code bans them from “posing as Muslims,” using Islamic terms, carrying out Islamic customs, preaching or propagating their religious beliefs, proselytizing, or “insulting the religious feelings of Muslims.” The punishment for violating these provisions is imprisonment for up to three years and a fine, the amount of which is at the discretion of the sentencing judge.

The penal code does not explicitly criminalize apostasy, but renouncing Islam is widely considered by clerics to be a form of blasphemy, which can carry the death penalty.

The government may use the antiterrorism courts, established as a parallel legal structure under the 1997 Antiterrorism Act, to try cases involving violent crimes, terrorist activities, and acts or speech deemed by the government to foment religious hatred, including blasphemy.

The constitution states no person shall be required to take part in any religious ceremony or attend religious worship relating to a religion other than the person’s own.

The constitution provides for “freedom to manage religious institutions.” It states every religious denomination shall have the right to establish and maintain its own institutions. The constitution states no person shall be compelled to pay any special tax for the propagation or maintenance of a religion other than the person’s own. The government collects a mandatory, automatic 2.5 percent zakat (tax) from Sunni Muslims who hold savings accounts in banks. It distributes the funds through a government-run charity as stipends for poor families and students, payment for medical treatment, and support to Sunni mosques and madrassahs registered with the government. Sunni Muslims who want to distribute zakat themselves may request an exemption, and Shia Muslims are exempted by filling out a declaration of faith form.

The constitution mandates that the government take steps to enable Muslims, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to promote the observance of Islamic moral standards. It directs the state to endeavor to secure the proper organization of Islamic tithes, religious foundations, and places of worship.

The Ministry of Religious Affairs and Interfaith Harmony is responsible for organizing participation in the Hajj and other Islamic religious pilgrimages. Authorities also consult the ministry on matters such as blasphemy and Islamic education. The ministry’s budget covers assistance to indigent minorities, repair of minority places of worship, establishment of minority-run small development projects, celebration of minority religious festivals, and provision of scholarships for religious minority students.

The law prohibits publishing any criticism of Islam or its prophets or insults to others’ religious beliefs. The law bans the sale of Ahmadiyya religious literature.

The provincial and federal governments have legal responsibility for certain minority religious properties abandoned during the 1947 partition of British India.

The constitution states that no person attending any educational institution shall be required to attend religious instruction or take part in any religious ceremony relating to a religion other than the person’s own. It also states that no religious denomination shall be prevented from providing religious instruction for pupils of its denomination in an educational institution maintained by the denomination.

The constitution states the government shall make Islamic studies compulsory for all Muslim students in state-run schools. Although students of other religious groups are not legally required to study Islam, schools do not always offer parallel studies in their own religious beliefs. In some schools, however, non-Muslim students may study ethics. Parents may send children to private schools, including religious schools, at the family’s expense. In Punjab, Sindh, and Khyber Pakhtunkhwa Provinces, private schools are also required to teach Islamic studies and the Quran to Muslim students.

By law, madrassahs are prohibited from teaching or encouraging sectarian or religious hatred or violence. Wafaqs (independent academic boards) register seminaries, regulate curricula, and issue degrees. The five wafaqs each represent major streams of Islamic thought in the country: Barelvi, Deobandi, Shia, Ahle Hadith, and the Jamaat-i-Islami, which is considered ultraconservative. The wafaqs operate through an umbrella group, Ittehad-e-Tanzeemat-e-Madaris Pakistan, to represent their interests to the government. The government requires all madrassahs to register with the Ministry of Education in addition to registration with one of the five wafaqs.

The constitution states, “All existing laws shall be brought into conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah [Islam’s body of traditional social and legal custom and practice].” It further states no law shall be enacted which is “repugnant” to Islam. The constitution states this requirement shall not affect the “personal laws of non-Muslim citizens” or their status as citizens. Some personal laws regulating marriage, divorce, and inheritance for minority communities date from prepartition British legislation.

The constitution establishes a Federal Shariat Court (FSC) composed of Muslim judges to examine and decide whether any law or provision is “repugnant to the injunctions of Islam.” The constitution gives the FSC the power to examine a law of its own accord or at the request of the government or a private citizen. The constitution requires the government to amend the law as directed by the court. The constitution also grants the FSC “revisional jurisdiction” (the power to review of its own accord) over criminal cases in the lower courts relating to certain crimes under the Hudood Ordinance, including rape and those linked to Islamic morality, such as extramarital sex, alcohol use, and gambling. The court may suspend or increase the sentence given by a criminal court in these cases. The FSC’s review power applies whether the cases involve Muslims or non-Muslims. Non-Muslims may not appear before the FSC. If represented by a Muslim lawyer, however, non-Muslims may consult the FSC in other matters, such as questions of sharia or Islamic practice that affect them or violate their rights. By law, decisions of the FSC may be appealed to the Supreme Court’s Shariat Appellate Bench. A full bench of the Supreme Court may grant a further appeal.

The constitution establishes a Council of Islamic Ideology to make recommendations, at the request of the parliament and provincial assemblies, as to “the ways and means of enabling and encouraging Muslims to order their lives in accordance with the principles of Islam.” The constitution further empowers the council to advise the legislative and executive branches when they choose to refer a question to the council as to whether a proposed law is or is not “repugnant to the injunctions of Islam.”

In the absence of specific language in the law authorizing civil or common law marriage, marriage certificates are signed by religious authorities and registered with the local marriage registrar. The province-level Sindh Hindu Marriage Act and the national-level Hindu Marriage Act (applying to federal territory and all other provinces) codify legal mechanisms to formally register and prove the legitimacy of Hindu marriages. In addition to addressing a legal gap by providing documentation needed for identity registration, divorce, and inheritance, the Hindu Marriage Acts allow marriages to be voided when consent “was obtained by force, coercion, or by fraud.” The acts allow for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. The Sindh provincial government has legislation allowing couples to seek divorce and granting Hindu women the right to remarry six months after a divorce or a spouse’s death. The Sindh Hindu Marriage Act also applies to Sikh marriages. The Punjab Sikh Anand Karaj Marriage Act allows local government officials in that province to register marriages between a Sikh man and Sikh woman solemnized by a Sikh Anand Karaj marriage registrar.

Some court judgments have considered the marriage of a non-Muslim woman to a non-Muslim man dissolved if she converts to Islam, although the marriage of a non-Muslim man who converts remains recognized.

The constitution directs the state to “safeguard the legitimate rights and interests of minorities,” to secure the well-being of the people irrespective of creed, and to discourage sectarian prejudices. It forbids discrimination against any religious community in the taxation of religious institutions. The National Commission on Human Rights (NCHR), an independent government-funded agency that reports to parliament, is required to receive petitions, conduct investigations, and request remediation of human rights abuses. The NCHR is also mandated to monitor the government’s implementation of human rights and review and propose legislation. It has quasi-judicial powers and may refer cases for prosecution but does not have arrest authority. A constitutional amendment devolves responsibility for minorities’ affairs, including religious minorities, to the provinces.

According to the constitution, there shall be no discrimination on the basis of religion in appointing individuals to government service, provided they are otherwise qualified. There is a 5 percent minimum quota for hiring religious minorities (primarily Hindus, Christians, Sikhs, Kalash, and Parsis but excluding Shia and Ahmadi Muslims) at the federal and provincial levels of government.

The constitution prohibits discriminatory admission based on religious affiliation to any governmental educational institution. According to regulations, the only factors affecting admission to government schools are students’ grades and home provinces, although students must declare their religious affiliation on application forms. This declaration is also required for private educational institutions, including universities. Students who identify themselves as Muslims must declare in writing they believe Mohammed is the final prophet. Non-Muslims are required to have the head of their local religious communities verify their religious affiliation. There is no provision in the law for atheists.

The National Database and Registration Authority (NADRA) designates religious affiliation on passports and requires religious information in national identity card and passport applications. Those wishing to be listed as Muslims must swear they believe Mohammed is the final prophet and must denounce the Ahmadiyya movement’s founder as a false prophet and his followers as non-Muslim. There is no option to state “no religion.” National identity cards are required for all citizens upon reaching the age of 18. Identification cards are used for voting, pension disbursement, social and financial inclusion programs, and other services.

The constitution requires the President and Prime Minister to be Muslims. All senior officials, including members of parliament, must swear an oath to protect the country’s Islamic identity. The law requires elected Muslim officials to swear an oath affirming their belief that Mohammed is the final prophet of Islam. This requirement effectively prohibits Ahmadi Muslims from holding elected office, as they recognize a prophet subsequent to Mohammed.

The constitution reserves seats for non-Muslim members in both the national and provincial assemblies. The 342-member National Assembly has 10 reserved seats for non-Muslims. The 104-member Senate has four reserved seats for non-Muslims, one from each province. In the provincial assemblies, there are three such reserved seats in Khyber Pakhtunkhwa; eight in Punjab; nine in Sindh; and three in Balochistan. Political parties elected by the general electorate choose the minority individuals who hold these seats; they are not elected directly by the minority constituencies they represent.

The country is party to the International Covenant on Civil and Political Rights (ICCPR), and maintains two reservations: first, that ICCPR Article 3 regarding equal rights of men and women would be “applied as to be in conformity with Personal Law of the citizens and Qanoon-e-Shahadat Order, 1984 (Law of Evidence),” under which the in-court testimony of men in certain civil matters pertaining to contracts and financial obligations is given greater weight than that of women; and second, that ICCPR Article 25, on the equal right for citizens to take part in public service, would be subject to articles of the constitution mandating that the President and Prime Minister be Muslims.

Instances of torture and mistreatment by some police personnel were part of broader human rights concerns about police abuses against citizens of all faiths reported by local and international human rights organizations; some police agencies took steps to curb abuses by incorporating human rights curricula in training programs.

On January 29, an antiterrorism court in Lahore acquitted and ordered the release of 42 individuals accused of participating in the 2015 lynching of two Muslim men in Lahore. The killings took place during protests sparked by twin suicide bombings outside two churches there. The victims, burned to death by an angry mob, were Babar Noman and Hafiz Naeem.

According to civil society reports, there were many individuals imprisoned on blasphemy charges and at least 35 under sentences of death, compared with 82 individuals imprisoned on blasphemy charges and 29 under sentences of death in 2019. The government has never executed anyone specifically for blasphemy. According to data provided by the Center for Social Justice (CSJ), authorities accused at least 199 individuals of new blasphemy offenses during the year. Leaders in other NGOs agreed the actual number of blasphemy cases was likely higher, but uneven reporting and lack of media coverage in many areas made it difficult to identify an exact number. According to the CSJ, 2020 saw the highest number of blasphemy cases in a single year in the country’s history. Other NGOs also said that 2020 had seen an increase in blasphemy cases. Shia and Ahmadi Muslims were the most often accused, accounting respectively for 70 and 20 percent of all cases. Sunni Muslims made up 5 percent of all accused blasphemers, followed by Christians at 3.5 percent, and Hindus at 1 percent.

Courts issued two new death sentences for blasphemy and sentenced another individual to five years’ imprisonment. Other blasphemy cases continued without resolution. At least one individual was accused of spreading blasphemous content through social media under PECA. Civil society groups continued to state that the blasphemy laws disproportionately affected members of religious minority communities. Persons accused of blasphemy were often simultaneously charged with terrorism offenses.

According to NGOs and media reports, individuals convicted and sentenced to death in well-publicized blasphemy cases dating as far back as 2014 – including Nadeem James; Taimoor Raza; Junaid Hafeez; Mubasher, Ghulam, and Ehsan Ahmed; Shafqat Emmanuel; and Shagufta Kausar – remained in prison and continued to await action on their appeals. In all these cases, judges repeatedly delayed hearings, adjourned hearings without hearing arguments, or sent appeals to other judicial benches. Civil society and legal sources said judges were generally hesitant to decide blasphemy cases due to fear of violent retribution.

Human rights groups reported an increase in blasphemy cases and allegations against members of the Shia Muslim community. On September 5, the HRCP expressed concern over the surge in blasphemy cases against religious minorities, particularly the Shia community, and the potential for sectarian violence. The HRCP reported that more than 40 such cases were registered under the blasphemy laws in August alone.

On January 30, police arrested two Shia men in Tando Mohammed Khan, southern Sindh, and charged them with blasphemy. According to police, the content they posted on Facebook insulted the companions of Mohammed, which, they said, infuriated Sunni Muslims.

On April 14, police filed a blasphemy case against Shia singer Zamin Ali in Jamshoro, Sindh. The case was based on the complaint of a local shopkeeper who claimed Zamin Ali’s Facebook page contained a blasphemous song that hurt the religious sentiments of Sunni Muslims. By year’s end, police had dropped the case due to lack of evidence and pressure from activists.

On August 30, police charged Shia cleric Taqqi Jaffar with blasphemy for criticizing Mohammed’s companions during a Karachi Muharram procession. Jaffar made his remarks in Arabic, which were then aired on a popular Karachi news station, 24 News HD. Following complaints by some Sunni groups, the Pakistan Electronic Media Regulatory Authority temporarily suspended 24 News from broadcasting, citing Jaffar’s comments as “hate-inciting content.”

The blasphemy charges against Jaffar were followed by anti-Shia rallies throughout the country and at least three rallies in Karachi by Sunni groups on September 11 and 13 attended by thousands of individuals. Speakers at these rallies warned Shia of dire consequences, including beheadings, if they continued to blaspheme against the Prophet Mohammed’s companions.

On June 10, police arrested Sajid Soomro, a professor at Shah Abdul Latif University, in Khairpur, Sindh, on blasphemy charges. According to eyewitnesses, police officials in at least four police vans cordoned off the area and arrested Soomro, who initially resisted. Subsequently, Arfana Mallah, a professor at Sindh University Jamshoro who criticized Soomro’s arrest and the blasphemy laws, was herself accused of committing blasphemy and had to apologize publicly. Soomro was free on bail at year’s end, but the case was still pending in court.

NGOs, legal observers and religious minority representatives continued to raise concerns regarding the failure of lower courts to adhere to basic evidentiary standards in blasphemy cases, and the slow pace of adjudicating these cases, which led to some suspects remaining in detention for years as they waited their initial trial or appeals, and to some convicted persons spending years in prison before higher courts overturned their convictions and freed them for lack of evidence. According to legal advocacy groups, some lower courts continued to conduct proceedings in an intimidating atmosphere, with members of antiblasphemy groups, such as the Tehreek-i-Labbaik Pakistan (TLP), often threatening the defendants’ attorneys, family members, and supporters. At other times, advocacy groups reported that blasphemy trials were held inside jails for security reasons, in which case the hearings were not public, resulting in a gain in immediate security but a loss of transparency. These observers said the general refusal of lower courts to hold timely hearings or acquit those accused persisted due to fear of reprisal and vigilantism. Legal observers also reported judges and magistrates often delayed or continued trials indefinitely to avoid confrontation with, or violence from, groups provoking protests.

While the law requires a senior police official to investigate any blasphemy charge before a complaint may be filed, a requirement that NGOs and legal observers stated helped contribute to an objective investigation and the dismissal of many blasphemy cases, some NGOs said police did not uniformly follow this procedure. There were some cases in which police received custody of the accused from a court for 14 days for a senior officer to carry out an investigation. At the same time, NGOs reported that sometimes lower-ranking police would file charges of blasphemy, rather than a senior police superintendent who had more authority to dismiss baseless claims, or that police would not carry out a thorough investigation. NGOs and legal observers also stated police often did not file charges against individuals who made false blasphemy accusations.

During the year, courts overturned some blasphemy convictions upon appeal and acquitted others after the accused had spent years in prison. On October 6, the Lahore High Court acquitted Sawan Masih, a Christian man sentenced to death for blasphemy in 2014, but Masih continued to face death threats and had to go into hiding with his family. His was the first acquittal for blasphemy since October 2018, when Asia Bibi, a Christian woman sentenced to death in 2010, was acquitted. On December 15, the Lahore High Court acquitted a second Christian man, Imran Ghafur Masih, who had been sentenced to death for blasphemy in 2010. Courts also penalized antiblasphemy groups. In January, an antiterrorism court sentenced 86 members of the TLP to 55-year prison terms each for taking part in violent protests following Bibi’s acquittal.

Police intervened on multiple occasions to quell mob violence directed at individuals accused of blasphemy. On September 10, police saved a Hindu trader from a mob that accused him of committing blasphemy and called for his death in Kashmore, Sindh. Several hundred protesters led by religious leaders took to the streets and chanted slogans against the alleged blasphemer. Police took him into protective custody and transferred him to a senior police officer’s office as the mob blocked the Indus Highway and demanded police hand over the alleged blasphemer. Also in September, according to law enforcement reports, Peshawar police rescued an Ahmadi family after a large mob gathered outside their home, accusing the family of preaching Ahmadi beliefs.

There were reported cases of government intervention and assistance from courts and law enforcement in situations of attempted kidnapping and forced conversion, although enforcement action against alleged perpetrators was rare. In January, after going missing, a 15-year-old Hindu girl appeared in a video with Ali Raza, a Muslim man, in which the two claimed they had willingly married and she had converted to Islam. Her family said she had been kidnapped and forcibly converted. In court proceedings, the girl retracted her video statement and said she wanted to return to her parents. In February, a court in Jacobabad, Sindh, ruled that the marriage with Raza was illegal under the 2013 Sindh Child Marriage Restraint Act. On July 9, the Sindh High Court ordered that the girl could return to her Hindu parents. According to local sources, the high-profile case led to communal tensions in Jacobabad, the couple’s home district, and clerics from the Jamiat Ulema-e-Islam-Fazal party publicly accused the girl of apostasy and called for her death. The girl remained in a government shelter for several months before returning to her parents.

On November 23, the Sindh High Court dissolved the marriage of an underage Christian girl to a 44-year-old Muslim man. According to her parents, the girl had been abducted and raped after being forcibly converted to Islam in Karachi. The Sindh High Court on October 27 originally upheld the validity of the marriage, citing the marriage certificate that indicated the girl was 18 years old, and ruling that she had converted to Islam and married of her own free will. Following petitions, the court reversed its decision and declared the marriage illegal under the Sindh Child Marriage Restraint Act and ordered the girl placed in a shelter after she refused to return to her parents. The court also barred her alleged husband and his family from meeting her and ordered police to arrest those who facilitated the