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
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.
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
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 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
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.
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
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.
China (Includes Tibet, Xinjiang, Hong Kong, and Macau)
Read A Section: China
Tibet | Xinjiang | Hong Kong | Macau
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
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.
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
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.”
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
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.
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
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.
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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
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.
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
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.
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
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 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
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.”
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
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.
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
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.
Read A Section: Macau
China | Tibet | Xinjiang | Hong Kong
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
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 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
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.
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
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.
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
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.
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
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.
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
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.
The constitution provides for freedom of religion, equal rights irrespective of religious belief, and the right to worship and profess one’s religion. The law states government officials may prohibit the activity of a religious association for violating public order or engaging in “extremist activity.” The law identifies Christianity, Islam, Judaism, and Buddhism as the country’s four “traditional” religions and recognizes the special role of the Russian Orthodox Church (ROC). A constitutional amendment approved in a July referendum cites the “ideals and faith in God” passed on by the country’s ancestors, the first and only reference to God in the constitution. Religious groups and nongovernmental organizations (NGOs) reported authorities continued to investigate, detain, imprison, torture, and and/or physically abuse persons or seize their property because of their religious faith, including members of groups the government classified as extremist and banned, such as Jehovah’s Witnesses, Hizb ut-Tahrir, Tablighi Jamaat, and followers of Muslim theologian Said Nursi. The human rights NGO Memorial identified 228 persons it said were persecuted for their religious beliefs or affiliation and whom it considered to be political prisoners, compared with 245 in 2019. Memorial said the actual total was likely three to four times higher. According to Jehovah’s Witnesses, authorities again detained hundreds of its members and physically abused some of them, including one whom law enforcement agents beat, strangled, and electrically shocked to force a confession and elicit false statements against his fellow members. Five other Jehovah’s Witnesses detained during raids reported that law enforcement agents beat them while in custody. Religious groups said the government continued to use antiterrorism regulations to restrict religious freedom, including proselytizing and banning religious literature. Authorities designated seven NGOs associated with Falun Gong as “undesirable” foreign organizations and barred them from working in the country. Additionally, a court in Novosibirsk declared an independent regional branch of Falun Gong “extremist” and prohibited it from operating there. The NGO SOVA Center said that proposed amendments to the law regulating religion, pending at year end, might allow for arbitrary government interference among minority religious groups due to vague language prohibiting religious institutions from having connections with individuals the country’s courts declared “undesirable” or “extremist.” A fraud case against representatives of the Church of Scientology remained pending in St. Petersburg. The government continued to grant privileges to the ROC not accorded to other religious groups, including the right to review draft legislation and greater access to public institutions.
Jehovah’s Witnesses reported workplace harassment of members again increased, and forced resignations continued at some of their workplaces when employers discovered their religious affiliation. The country’s chief rabbi stated anti-Semitism was at a historic low, but the President of the Federation of Jewish Communities said levels of latent anti-Semitism in the country remained high. The Russian Jewish Congress reported that authorities arrested two persons suspected of planning to assassinate the leader of the Jewish community of Krasnodar in September. According to the SOVA Center, media continued to issue defamatory reports about minority religious groups. The same group reported 29 incidents of religiously motivated vandalism. Incidents included setting fire to a synagogue in Arkhangelsk, destroying headstones at a Jewish cemetery in St. Petersburg, vandalizing a monument to Holocaust victims in Rostov-on-Don, and breaking a Buddhist stupa near Sukhaya. A priest and former member of the ROC hierarchy made numerous anti-Semitic remarks from the pulpit during the year; he was subsequently expelled from the ROC and a court fined him 18,000 rubles ($240).
The U.S. Ambassador and embassy and consulate representatives advocated for greater religious freedom in the country, highlighting the government’s misuse of the law on extremism to restrict the peaceful activities of religious minorities. The Ambassador spoke on the importance of remembering the Holocaust and combating religious persecution at a multifaith gathering at the Jewish Museum and Tolerance Center in Moscow in January. In March, the Ambassador discussed cooperation to promote religious freedom with ROC Metropolitan Kirill of Yekaterinburg and Verkhoturye. The embassy condemned the attack on the Jewish synagogue and cultural center in Arkhangelsk and called for a thorough investigation. In November, the embassy coordinated with the Department of State to release tweets condemning raids against Jehovah’s Witnesses in Moscow and 20 other regions. The Ambassador then met with Jehovah’s Witness representatives to discuss the group’s ongoing persecution and reiterated the U.S. commitment to religious freedom. The embassy also made extensive use of its social media platforms to disseminate messages advocating for religious freedom.
On December 2, 2020 in accordance with the International Religious Freedom Act of 1998, as amended, the Secretary of State again placed Russia 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
The constitution stipulates the state is secular and provides for religious freedom, freedom of conscience, and freedom of religious worship, including the right to “profess, individually or jointly with others, any religion, or to profess no religion.” It provides for the right of citizens “to freely choose, possess, and disseminate religious or other beliefs, and to act in conformity with them,” and it provides for equality of rights and liberties regardless of attitude toward religion. The constitution bans any limitation of human rights on religious grounds and prohibits actions inciting religious hatred and strife. It states all religious associations are equal and separate from the state. The law acknowledges Christianity, Islam, Judaism, and Buddhism as the country’s four “traditional” religions, constituting an inseparable part of the country’s historical heritage. The law recognizes the “special role” of Russian Orthodox Christianity in the country’s “history and the formation and development of its spirituality and culture.”
Among a set of constitutional amendments approved in a July referendum is one citing the ancestral history of the country and the “ideals and faith in God” passed on by those ancestors. The new language is the first and only explicit reference to God in the constitution. In March, prior to the referendum, the Constitutional Court ruled that the proposed amendment’s reference to God did not contravene the secular nature of the government or undermine freedom of religion but only emphasized the significant sociocultural role of religion in the formation and development of the nation.
The law states the government may restrict religious rights only to the degree necessary to protect the constitutional structure and security of the government; the morality, health, rights, and legal interests of persons; or the defense of the country. It is a violation of the law to force another person to disclose his or her opinion of a religion or to participate or not participate in worship, other religious ceremonies, the activities of a religious association, or religious instruction.
The law states those who violate the law on freedom of conscience, religion, and religious associations will be “held liable under criminal, administrative, and other legislation.” The administrative code and the criminal code both punish obstruction of the right to freedom of conscience and belief with imprisonment of up to three years and fines of up to 500,000 rubles ($6,700) or 1,000,000 rubles ($13,400), depending upon which code governs the offense.
By law, officials may prohibit the activity of a religious association on grounds such as violating public order or engaging in “extremist activity.” The law criminalizes a broad spectrum of activities as extremist, including “assistance to extremism,” but the law does not precisely define extremism or require that an activity include an element of violence or hatred to be classified as extremist.
Anti-extremism legislation stipulates that speech or actions aimed at “inciting hatred or enmity” based on group affiliation (including religion) are punishable by administrative penalties for first-time offenses if the actions do not contain a criminal offense. These penalties include administrative arrests of up to 15 days or administrative fines of up to 20,000 rubles ($270) for individuals and up to 500,000 rubles ($6,700) for legal entities. Individuals are held criminally liable if they commit multiple offenses within a one-year period or for the first offense if they threaten to use violence or use their official position to incite hatred. The criminal penalties include fines up to 600,000 rubles ($8,100), compulsory labor for up to five years, or imprisonment for up to six years.
The law criminalizes “offending the feelings of religious believers.” Actions “in public demonstrating clear disrespect for society and committed with the intent to insult the feelings of religious believers” are subject to fines of up to 300,000 rubles ($4,000), compulsory labor for up to one year, or imprisonment for up to one year. If these actions are committed in places of worship, the punishment is a fine of up to 500,000 rubles ($6,700), compulsory labor for up to three years, or a prison sentence of up to three years.
Participating in or organizing the activity of a banned religious organization designated as extremist is punishable by a fine of up to 800,000 rubles ($10,700) or imprisonment for a term of six to 10 years, with deprivation of the right to hold “certain positions” or engage in “certain activities” (without specifying what these might be) for up to 10 years and restrictions on freedom for a period of one to two years. These restrictions may include house arrest or constraints on travel within the country. For persons with official status, a term which applies to anyone working for the government or state-owned entities as well as to persons in management roles at commercial entities or NGOs, the prescribed prison term is seven to 12 years or a fine of up to 700,000 rubles ($9,400). First-time offenders who willingly forsake their membership in banned religious organizations are exempt from criminal liability if they committed no other crimes.
Local laws in several administrative regions, including the republics of Kabardino-Balkaria and Dagestan, ban “extremist Islamic Wahhabism” but do not define the term. Authorities impose administrative and criminal penalties for violating these laws, in accordance with federal legislation.
According to the 2017 Supreme Court ruling declaring the Jehovah’s Witnesses Administrative Center an extremist organization, all Jehovah’s Witness activities, including the organization’s websites and all regional branches, are banned. The court’s ruling states the constitution guarantees freedom of religious belief, but this right is limited by other rights, including “existing civil peace and harmony.”
The Supreme Court has banned the activities of several Islamic organizations on the grounds of extremism, including Hizb ut-Tahrir; Nurdzhular (a Russification of the Turkish for “followers of Said Nursi”); Tablighi Jamaat; and the Fayzrakhmani Islamic community. These organizations are on the Federal List of Extremist Organizations.
The law creates three categories of religious associations, with different levels of legal status and privileges: “religious groups,” “local religious organizations” (LROs), and “centralized religious organizations” (CROs). Religious groups or organizations may be subject to legal dissolution or deprivation of legal status by a court decision on grounds including violations of standards set forth in the constitution or public security.
The “religious group” is the most basic unit and does not require registration with the state. When a group first begins its activities, however, it must notify authorities, typically the regional Ministry of Justice (MOJ), of the location of its activity, its rites and ceremonies, and its leader(s) and members. A religious group may conduct worship services and rituals and teach religion to its members with requisite notification to authorities. It does not have legal status to open a bank account, own property, issue invitations to foreign guests, publish literature, receive tax benefits, or conduct worship services in prisons, state-owned hospitals, or the armed forces. A religious group may use property bought for the group’s use by its members, residential property owned or rented by its members, or public spaces rented by its members to hold services.
An LRO may register with the MOJ if it has at least 10 citizen members who are 18 or older and are permanent local residents. LROs have legal status and may open bank accounts, own property, issue invitation letters to foreign guests, publish literature, receive tax benefits, and conduct worship services in prisons, hospitals, and the armed forces. CROs may register with the MOJ at the regional or federal level by combining at least three LROs of the same denomination.
To register as an LRO or CRO, an association must provide the following: a list of the organization’s founders and governing body with addresses and internal travel document (“internal passport”) data; the organization’s charter; the minutes of the founding meeting; certification from the CRO (in the case of LROs); a description of the organization’s doctrine, practices, history, and attitudes toward family, marriage, and education; the organization’s legal address; a certificate of payment of government dues; and the charter or registration papers of the governing body in the case of organizations whose main offices are located abroad. Authorities may deny registration for reasons including incorrect paperwork, failure to meet different administrative requirements, national security reasons, or placement on the list of extremist or terrorist organizations. Denial of registration may be appealed in court. By law, CROs and LROs receiving funding from abroad must report an account of their activities, a list of leaders, the source of foreign funding, and plans for how the organization intends to use the foreign funds or property obtained through foreign funding. Reports are annual by default, but the MOJ may require additional ad hoc reports. LROs and CROs may invite foreign citizens to carry out professional religious activities. LROs and CROs may produce, acquire, export, import, and distribute religious literature in printed, audio, or video format, and “other religious items.”
The Expert Religious Studies Council, a committee established by the MOJ to advise it on religious groups, has wide powers to investigate religious organizations. Some of the council’s powers include reviewing organizations’ activities and literature and determining whether an organization is “extremist.” The law does not provide precise criteria on how written religious materials may be classified as “extremist.” The council also advises the MOJ on the issue of granting religious organization status to a religious group.
Foreign religious organizations (those created outside of the country under foreign laws) have the right to open offices for representational purposes, either independently or as part of religious organizations previously established in the country, but they may not form or found their own religious organizations in the country and may not operate houses of worship.
The government (the MOJ or the Prosecutor General’s Office) oversees a religious organization’s compliance with the law and may review its financial and registration-related documents when conducting an inspection or investigation. With advance notice, the government may send representatives to attend a religious association’s events, conduct an annual review of compliance with the association’s mission statement on file with the government, and review its religious literature to decide whether the literature is extremist. The law contains ongoing reporting requirements on financial and economic activity, funding sources, and compliance with antiterrorist and anti-extremist legislation. The government may obtain a court order to close those associations that do not comply with reporting or other legal requirements.
The law allows the government to limit the places where prayer and public religious observance may be conducted without prior approval. LROs and CROs may conduct religious services and ceremonies without prior approval in buildings and facilities or on lands owned or rented by these associations, as well as in cemeteries, crematoria, places of pilgrimage, and living quarters. Baptism ceremonies in rivers and lakes, as well as services conducted in parks, open spaces, or courtyards, do not fall under this exemption. In these cases, LROs and CROs must seek government approval at least one week in advance and provide the government with the names of organizers and participants, as well as copies of any written materials to be used at the event.
A prime ministerial decree requires religious organizations to conform to specific counterterrorism measures to qualify for safety permits for their real property. Among other requirements, all facilities must be guarded during services by members of public organizations. Facilities with maximum building occupancy limits between 500 and 1,000 must have “panic buttons” and video surveillance systems. Buildings with occupancy limits of more than 1,000 must be guarded by private security guards or National Guard personnel. Religious groups are responsible for defraying the costs of these measures. The penalty for noncompliance is a fine of up to 100,000 rubles ($1,300).
The Ministry of Defense chaplaincy program requires members of a religious group to comprise at least 10 percent of a military unit before an official chaplain of that group is appointed. Chaplains are not enlisted or commissioned but are classified as assistants to the commander. Chaplains are full-time employees of the Ministry of Defense, paid from the defense budget. The program allows for chaplains representing only the four traditional religions. There are more than 120 chaplains in the program.
Federal law defines “missionary activity” as the sharing of one’s beliefs with persons of another faith or nonbelievers with the aim of involving these individuals in the “structure” of the religious association. According to the law, to share beliefs outside of officially sanctioned sites (which include buildings owned by a religious organization, buildings whose owners have given permission for activities to take place, pilgrimage destinations, cemeteries and crematoria, and indoor spaces of educational organizations historically used for religious ceremonies), an individual must have a document from a religious group or registered organization authorizing him or her to share beliefs. The law explicitly bans any beliefs from being shared in residential buildings without such documentation (unless in the form of a religious service, rite, or ceremony), or on another organization’s property without permission from that organization. Materials disseminated by missionaries must be marked with the name of the religious association providing the authorization.
Violations of the law regulating missionary activity may be punished by a fine of 5,000 to 50,000 rubles ($67 to $670) for individuals and 100,000 to 1,000,000 rubles ($1,300 to $13,400) for legal entities, which includes LROs and CROs. Foreign citizens or stateless persons who violate restrictions on missionary activities may be fined 30,000 to 50,000 rubles ($400 to $670) and are subject to administrative deportation.
Within the MOJ, the Scientific Advisory Board reviews religious materials for extremism. Composed of academics and representatives of the four traditional religions, the board reviews materials referred to it by judicial or law enforcement authorities, private citizens, or organizations. If the board identifies material as extremist, it issues a nonbinding advisory opinion, which is then published on the MOJ website and forwarded to the prosecutor’s office for further investigation. In addition to the Scientific Advisory Board, regional board experts also may review religious materials for extremist content.
Prosecutors may take material to a court and ask the court to declare it extremist, but materials introduced in court during the consideration of administrative, civil, or criminal cases may also be declared extremist of the court’s own accord. By law, publications declared extremist by a federal court are automatically added to the federal list of extremist materials. Courts may order internet service providers to block access to websites containing materials included on the federal list of extremist materials. Courts review and reissue lists on a regular basis. If the courts determine the material is no longer “extremist,” the MOJ is required to remove the material from the lists within 30 days. Very rarely, courts, in response to a legal challenge, may also reverse a decision to blacklist material deemed extremist. The law makes it illegal to declare the key texts (holy books) of the four traditional religions in their original languages – Old and New Testaments of the Bible, Quran, and Tibetan Buddhist Kangyur (Kanjur) – to be extremist. The law does not specify that foreign language translations of these texts cannot be declared extremist.
According to the administrative code, mass distribution, production, and possession with the aim of mass distribution of extremist materials by private individuals may result in 15 days’ imprisonment or a fine of 1,000 to 3,000 rubles ($13 to $40), or 2,000 to 5,000 rubles ($27 to $67) for public officials, as well as confiscation of these materials. Courts may suspend for 90 days the operations of legal entities found to be in possession of extremist materials and fine them 100,000 to 1,000,000 rubles ($1,300 to $13,400). Individuals who produce materials later deemed extremist may not be punished retroactively but must cease production and distribution of those materials.
The law allows the transfer of state and municipal property of religious significance to religious organizations, including land, buildings, and movable property. The law grants religious organizations using state historical property for religious purposes the right to use such property indefinitely. The law prohibits the transfer of living quarters for religious use and the use of living quarters for missionary activity, unless the activity is a part of a “religious service, rite, or ceremony.”
The law allows religious organizations to use buildings that were not originally authorized for religious purposes if they are part of a property that serves a religious purpose. The law allows, for example, a group to establish a Sunday school in a warehouse on the property of a church. If such a structure does not meet legal requirements or is not made legal by submitting proper paperwork by 2030, it will be destroyed.
Religious education or civil ethics classes are compulsory in all public and private secondary schools. Students may choose to take a course on one of the four traditional religions, a general world religions course, or a secular ethics course. Regional and municipal departments of education oversee this curriculum at the local level in accordance with their capacity to offer the courses and according to the religious makeup of the given location. There is no requirement for representatives of religious organizations to be licensed to conduct religious education in schools affiliated with a religious organization or in-home schools. Religious instructors in any other state or private school must be licensed to teach religious courses.
The Office of the Director of Religious Issues within the Office of the Federal Human Rights Ombudsman handles complaints about the government’s actions on religious freedom. The ombudsman may intercede on behalf of those who submit complaints; however, the ombudsman may not compel other government bodies to act or directly intervene in complaints not addressed to the government.
The law entitles individuals and organizations to take religious freedom cases to the European Court of Human Rights (ECHR) in Strasbourg, France. The state must pay compensation to a person whose rights were violated as determined by the ECHR and ensure his or her rights are restored to the extent possible. The Constitutional Court determines whether judgments by international and regional courts, including the ECHR, are consistent with the constitution.
Military service for men between the ages of 18 and 27 is compulsory, but the constitution provides for alternative service for those who refuse to bear arms for reasons of conscience, including religious belief. The standard military service period is 12 months, while alternative service is 18 months in a Ministry of Defense agency or 21 months in a nondefense agency. Failure to perform alternative service is punishable under the criminal code, with penalties ranging from a fine of 80,000 rubles ($1,100) to six months in prison.
By law, LROs and CROs may not participate in political campaigns or the activities of political parties or movements or provide material or other aid to political groups. This restriction applies to religious organizations but not to their individual members.
The ROC and all members of the Civic Chamber, a state institution composed of representatives of public associations, are granted the opportunity to review draft legislation pending before the State Duma, the lower house of parliament, on a case-by-case basis. No formal mechanism exists for permanent representation of religious organizations in the Civic Chamber, as the chamber convenes for three-year terms. Individuals from traditional religions and other religious groups may be selected to serve in the chamber for a term, either in the initial selection of 40 representatives by the President of the Russian Federation or in one of the subsequent rounds of selection, where existing chamber members choose an additional 128 representatives representing national and regional civil society groups. The State Duma passed legislation in 2007 barring any member of an organization that had been accused of extremism from serving in the Civic Chamber.
The law states foreigners or stateless individuals whose presence in the country the government deems “undesirable” are forbidden from becoming founders, members, or active participants in the activities of religious organizations. The same is true for individuals whose activities are deemed extremist by the courts or who are subject to prosecution under the law on combating money laundering and the financing of terrorism. The law restricts any foreign citizen or stateless person from entering the country if he or she “participates in the activities of the organizations included in the list of organizations and individuals in respect of whom there is information about their involvement in extremist activities or terrorism.”
Foreigners engaging in religious work require a contract with a legally registered religious organization and a work visa. Religious work is not permitted on “humanities visas,” which allow foreigners to enter the country to strengthen academic or cultural ties or take part in charitable work. There are no missionary visas.
The law grants religious organizations the exclusive right to manage pilgrimage activities.
Under the criminal code, an individual convicted of committing an act of vandalism motivated by religious hatred or enmity may be sentenced to up to three years of compulsory labor or prison.
The country is a party to the International Covenant on Civil and Political Rights.
According to the 1992 Basic Law of Governance, the country’s official religion is Islam and the constitution is the Quran and Sunna (traditions and practices based on the life of the Prophet Mohammed). The legal system is based largely on sharia as interpreted by the Hanbali school of Sunni Islamic jurisprudence. Freedom of religion is not provided under the law. The law criminalizes “anyone who challenges, either directly or indirectly, the religion or justice of the King or Crown Prince.” The law criminalizes “the promotion of atheistic ideologies in any form,” “any attempt to cast doubt on the fundamentals of Islam,” publications that “contradict the provisions of Islamic law,” and other acts including non-Islamic public worship, public display of non-Islamic religious symbols, conversion by a Muslim to another religion, and proselytizing by a non-Muslim. In practice, there is some limited tolerance of private, non-Islamic religious exercise, but religious practices at variance with the government-promoted form of Sunni Islam remained vulnerable to detention, harassment, and, for noncitizens, deportation. According to Shia community members, processions and gatherings continued due to decreased political tensions and greater coordination between the Shia community and authorities, and Ashura commemorations (of the martyrdom of Hussein ibn Ali, the grandson of the Prophet Mohammed) were marked by improved sectarian relations and public calls for mutual tolerance. Shia activists stated, however, that authorities continued to target members of their community on a religious basis with security operations and legal proceedings. In July, Shia Rights Watch (SRW) reported that security forces raided the largely Shia town of Safwa, resulting in several arrests and one injury. In September and October, rights groups reported the Specialized Criminal Court (SCC) in Riyadh issued verdicts in the trials of a number of clerics arrested in 2017, sentencing them to between three to 10 years in prison. In February, rights groups reported the Supreme Court upheld the death sentence against Shia activist Mustafa al-Khayat, who was convicted on charges including disrupting security and participating in demonstrations. On May 24, Sheikh Saleh bin Humaid, a royal advisor and a member of the Council of Senior Scholars (CSS), delivered an Eid al-Fitr sermon in the Holy Mosque in Mecca in which he prayed to God to “destroy the usurping occupying Zionist Jews.” Government leaders, including the head of the government-sponsored Muslim World League, continued to advocate for interreligious tolerance and dialogue and to denounce religious extremism. In September, following the UAE and Bahrain’s agreement to normalize ties with Israel, the government-appointed imam of the Grand Mosque in Mecca said in a televised sermon that the Prophet Mohammed was good to his Jewish neighbors, and he urged listeners to avoid “passionate emotions.”
The Saudi-owned MBC television network aired a historical drama series during the prime Ramadan viewing season centered on a Jewish midwife living in an unnamed multireligious Persian Gulf community in the 1930s to 1950s. Observers praised the series for promoting a vision of a tolerant Middle East; one writer called it “daring” to explore the social history of Jewish presence in the Arab world. Journalist Wafa al-Rashid wrote two editorials in the daily Okaz urging authorities “to adapt religious perceptions to the spirit of the times and not be afraid of concepts such as secularism, the civil state, or the separation of religion and state.” She emphasized that separating religion from the state did not mean abolishing religion or fighting it, and that this notion in fact conformed to certain ideas in the Quran. Some social media platforms for discussion of current events and religious issues included disparaging remarks about members of various religious groups or “sects.” Terms such as “rejectionists,” which Shia considered insulting, were commonly found in social media discourse. Anti-Semitic comments appeared in the media.
In discussions with the Human Rights Commission (HRC), the Ministry of Foreign Affairs (MFA), Ministry of Islamic Affairs (MOIA), and other ministries and agencies, senior U.S. officials, including the Ambassador, continued to raise and discuss reports of abuses of religious freedom, arbitrary arrests and detentions, enforcement of laws against religious minorities, promotion of respect and tolerance for minority Muslim and non-Muslim religious practices and beliefs, the country’s counterterrorism law, and due process standards.
Since 2004, Saudi Arabia 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. Most recently, on December 2, 2020, the Secretary of State redesignated Saudi Arabia as a CPC and announced a waiver of the sanctions that accompany designation as required in the important national interest of the United States pursuant to section 407 of the Act.
Section II. Status of Government Respect for Religious Freedom
The Basic Law of Governance establishes the country as a sovereign Arab Islamic state, the religion of which is Islam. The Basic Law defines the country’s constitution as the Quran and the Sunna (sayings and teachings of the Prophet Mohammed) and states the “decisions of judges shall not be subject to any authority other than the authority of the Islamic sharia.” The Basic Law contains no legal recognition or protection of freedom of religion. Conversion from Islam to another religion is grounds for the charge of apostasy, which is legally punishable by death, although courts have not carried out a death sentence for apostasy in recent years.
The Basic Law states the duty of every citizen is to defend Islam, society, and the homeland. Non-Muslims must convert to Islam before they are eligible to naturalize. The law requires applicants for citizenship to attest to being Muslim and to obtain a certificate documenting their religious affiliation endorsed by a Muslim religious authority. Children born to Muslim fathers are deemed Muslim by law.
The judicial system is largely based on laws derived from the Quran and the Sunna. All judges are religiously trained, although they often also have specialized knowledge of nonreligious legal subjects. In several areas, including commercial and financial matters and criminal law related to electronic and cybercrimes or terrorism, jurisprudence increasingly is based on international models rather than religious texts. Law on religious matters, which often affects civil law, particularly on personal status issues, is developed by fatwas (official interpretations of religious law) issued by the 21-person CSS that reports to the King. By law, these fatwas must be based on the Quran and Sunna. The Basic Law also states that governance is based on justice, shura (consultation), and equality, according to sharia.
The law specifies a hierarchical organization and composition of the CSS, the Permanent Committee for Scholarly Research and Religious Rulings, and the Office of the Mufti, together with their functions. The Basic Law recognizes the CSS, supported by the Permanent Committee for Scholarly Research and Religious Rulings, as the supreme authority on religious matters. The CSS is headed by the Grand Mufti and is composed of Sunni religious scholars and jurists, 18 of whom are from the Hanbali school of jurisprudence, with one representative of each of the other Sunni schools (Malaki, Hanafi, and Shafi’i). There are no Shia members. Scholars are chosen at the King’s discretion and serve renewable four-year terms, with many serving for life.
The counterterrorism law criminalizes, among other things, “calling for atheist thought in any form or calling into question the fundamentals of the Islamic religion.” It criminalizes “anyone who challenges, either directly or indirectly, the religion or justice of the King or Crown Prince.”
According to the Basic Law of Governance, “The Judiciary is an independent authority. The decisions of judges shall not be subject to any authority other than the authority of the Islamic sharia. The courts shall apply rules of the Islamic sharia in cases that are brought before them, according to the Holy Quran and the Sunna, and according to laws which are decreed by the ruler in agreement with the Holy Quran and the Sunna.” In the absence of a common law system and comprehensive criminal code, rulings and sentences can diverge widely. Criminal appeals may be made to the appellate and supreme courts, where in some instances, appellate decisions have resulted in a harsher sentence than the original court decision. Government universities provide training in all four Sunni schools of jurisprudence, with a focus on the Hanbali school.
In legal cases involving accidental death or injury, compensation sometimes differs according to the religious affiliation of the plaintiff. In the event a court renders a judgment in favor of a plaintiff who is a Jewish or Christian male, a court may rule the plaintiff is entitled to receive 50 percent of the compensation that a Muslim male would. In some circumstances, other non-Muslims may only receive one-sixteenth the amount a male Muslim would receive.
The Basic Law requires the state to protect human rights in accordance with sharia. The HRC, a government entity, is tasked with protecting, enhancing, and ensuring implementation of international human rights standards “in light of the provisions of sharia,” and regularly follows up on citizen complaints. There are no formal requirements regarding the composition of the HRC. During the year, the commission had approximately 26 members from various parts of the country, including four Shia members.
Blasphemy against Islam is legally punishable by death, but courts have not sentenced individuals to death for blasphemy since 1992. Punishments for blasphemy may include lengthy prison sentences. Criticism of Islam, including expression deemed offensive to Muslims, is forbidden on the grounds of preserving social stability.
In April, the Supreme Court instructed all courts to end flogging as a ta’zir (discretionary) criminal sentence and to replace it with prison sentences or fines. As a result of this decision, flogging may no longer be used against those convicted of blasphemy, public immodesty, sitting alone with a person of the opposite sex, and a range of other crimes. However, judicial officials noted that flogging still may be included in sentences for three hudood offenses (crimes that carry specific penalties under the country’s interpretation of Islamic law): drunkenness, sexual conduct between unmarried persons, and false accusations of adultery.
In April, a royal decree abolished ta’zir death penalty sentences for those who committed crimes as minors. (The Juvenile Law sets the legal age of adulthood at 18, based on the Hijri calendar.) Minor offenders, however, who are convicted of qisas, a category of crimes that includes various types of murder, or hudood offenses could still face the death penalty. The royal decree also capped prison sentences for minors at 10 years.
The country is the location of Mecca and Medina, Islam’s two holiest sites. The government prohibits non-Muslims from entering central Mecca or religious sites in Medina. Muslims visit these cities on the annual Hajj pilgrimage and during Umrah pilgrimage throughout the rest of the year. The government has stated that caring for the holy cities of Mecca and Medina is a sacred trust exercised on behalf of all Muslims. The King employs the official title of “Custodian of the Two Holy Mosques,” in reference to the two cities. Citing reasons of public safety and logistics, the government establishes national quotas for foreigners and issues permits to Muslim residents (including its own nationals) to participate in the Hajj.
Sunni Muslim clerics are vetted and employed by the MOIA. Only government-employed clerics are permitted to deliver sermons, which must be vetted by the MOIA in advance.
Clerics traveling abroad to proselytize must be granted approval by the MOIA and operate under MOIA supervision. The stated purpose of this regulation is to limit the ability of religious scholars to travel or to preach overseas and to prevent the actual or apparent interference by clerics in the domestic affairs of other states.
Public school students at all levels receive mandatory religious instruction based on Sunni Islam according to the Hanbali school of jurisprudence. Private schools are not permitted to deviate from the official, government-approved religious curriculum. Private international schools are required to teach Saudi students and Muslim students of other nationalities an Islamic studies course, while non-Muslim, non-Saudi students sometimes receive a course on Islamic civilization or alternative coursework in place of the curriculum designed for Saudi students; courses entail one hour of instruction per week. Private international schools may also teach courses on other religions or civilizations.
The Commission for the Promotion of Virtue and Prevention of Vice (CPVPV) is a government agency charged with monitoring social behavior and reporting violations of moral standards to law enforcement authorities. The CPVPV’s powers have been significantly curbed in recent years and its activities are now limited to providing counseling and reporting individuals suspected of violating the law to police. The CPVPV may not detain, arrest, pursue, or demand the identification documents of any person; these actions are explicitly reserved to the purview of law enforcement officials. The Ministry of Interior (MOI) oversees CPVPV operations on the King’s behalf. According to law, the CPVPV must “uphold its duties with kindness and gentleness as decreed by the examples of the Prophet Mohammed.” CPVPV field officers do not wear uniforms, but they are required to wear identification badges.
A royal decree bans publishing anything “contradicting sharia, inciting disruption, serving foreign interests that contradict national interests, and damaging the reputation of the Grand Mufti, members of the Council of Senior Religious Scholars, or senior government officials.”
Social media users who post or share content considered to attack religion face imprisonment for up to five years under the Anticybercrime Law. Those found guilty of distributing content online deemed to disrupt public order, public morals, or religious values may also be subject to a fine of three million riyals ($800,000).
The law does not allow for political parties or similar associations. The law does not protect the right of individuals to organize politically and specifically bans a number of organizations with political wings, including the Muslim Brotherhood, as regional and local terrorist groups.
The country is not a party to the International Covenant on Civil and Political Rights.
The constitution declares the state shall respect all religions and shall ensure the freedom to perform religious rituals as long as these “do not disturb the public order.” There is no official state religion. Sectarian violence continued due to tensions among religious groups that, according to nongovernmental organization (NGO) and media sources, was exacerbated by government actions, the deterioration of the economy, and the broader ongoing conflict in the country. At year’s end, more than half of the country’s prewar population was displaced, including 6.6 million internally displaced persons (IDPs) and approximately 5.6 million refugees. Government and progovernment forces continued major aerial and ground offensives initiated in 2019 to recapture areas of the northwest of the country, killing more than 1,000 civilians and forcing nearly one million people to flee prior to the brokering of a ceasefire in March that largely held through the remainder of the year. The government, with the support of its Russian and Iranian allies, continued to commit human rights abuses and violations against its perceived opponents, the majority of whom, reflecting the country’s demographics, were Sunni Muslims, as well as widespread destruction of hospitals, homes, and other civilian infrastructure. The Syrian Network for Human Rights (SNHR) reported at least 1,882 arbitrary detentions during the year and documented at least 149,361 Syrians who were detained or forcibly disappeared between 2011 and December, the vast majority of whom were disappeared by the Assad regime and remained missing. The government continued to use Law No. 10, which allows for creating redevelopment zones across the country designated for reconstruction, to reward those loyal to the government and create obstacles for refugees and IDPs who wished to claim their property or return to their homes. The majority of the population is Sunni Muslim, but the Alawi minority continued to hold an elevated political status disproportionate to its numbers, particularly in leadership positions in the military and security services. A March study by the Malcolm H. Kerr Carnegie Middle East Center (Carnegie Middle East Center) noted that all of the top 40 posts in the armed forces were held by Alawites. In a joint paper, the Middle East Institute and NGO Etana stated that there are 31 percent fewer Christians and 69 percent fewer Shia Muslims in the country’s southwest than when the Syrian conflict began. Membership in the Muslim Brotherhood or “Salafist” organizations remained illegal and punishable with imprisonment or death.
The United Nations Independent International Commission of Inquiry (COI) reported that it had reasonable grounds to believe some Turkish-supported Syrian armed opposition groups (TSOs) committed abuses that may have amounted to war crimes, including torture, rape, hostage-taking, looting, and appropriating private property, particularly in Kurdish areas, as well as vandalizing of Yezidi religious sites in areas under their control. The COI, human rights groups and media organizations reported multiple firsthand accounts of killings, kidnappings, arbitrary detentions, and torture of civilians; the desecration and looting of minority religious and cultural sites; and the looting and seizure of private properties in and around Tel Abyad and Ras al-Ayn. Community representatives, human rights organizations such as the NGO Syrians for Truth and Justice, and documentation-gathering groups reported victims of TSO abuses were often of Kurdish or Yezidi origin. The Wilson Center reported in September that ISIS was responsible for 640 attacks in the country from October 2019 through June, often targeting civilians, persons suspected of collaborating with security forces, and groups that ISIS deemed to be apostates. Despite ISIS’s territorial defeat, media and NGOs reported its extremist ideology remained a strong presence in the country. In the northeast, formerly the stronghold of the ISIS caliphate, thousands of former ISIS members and their family members were being held either in detention centers or were living in the closed al-Hol camp at year’s end. Many former victims of ISIS remained missing.
Christians reportedly continued to face discrimination and violence at the hands of violent extremist groups. NGOs reported social conventions and religious proscriptions continued to make conversions – especially Muslim-to-Christian conversions, which remained banned by law – relatively rare. These groups also reported that societal pressure continued to force converts to relocate within the country or to emigrate in order to practice their new religion openly. The state news agency SANA reported that Adnan al-Afiyuni, the Sunni mufti for Damascus Province, was killed when a bomb planted in his car exploded in the town of Qudssaya. International observers considered al-Afiyuni to be close to President Bashar Assad.
The President and Secretary of State of the United States continued to state that a political solution to the conflict must be based on UN Security Council Resolution 2254 and respect for the human rights of the country’s citizens, including the right to religious freedom. The Secretary of State continued to work with the UN Special Envoy for Syria, members of the opposition, and the international community to support UN-facilitated, Syrian-led efforts in pursuit of a political solution to the conflict that would safeguard the religious freedom of all citizens.
Section II. Status of Government Respect for Religious Freedom
The legal framework described in this section remains in force only in those areas controlled by the government, and even in those areas there is often a breakdown in law and order, leaving militias, often sectarian in nature, in a dominant position. In areas of the country controlled by opposition or terrorist groups, irregular courts and local “authorities” apply a variety of unofficial legal codes with diverse provisions relating to religious freedom.
The constitution declares the state shall respect all religions and shall ensure the freedom to perform religious rituals as long as these do not disturb public order. There is no official state religion, although the constitution states “Islam is the religion of the President of the republic.” The constitution states Islamic jurisprudence shall be a major source of legislation.
The constitution states, “The personal status of religious communities shall be protected and respected,” and “Citizens shall be equal in rights and duties without discrimination among them on grounds of sex, origin, language, religion, or creed.” Citizens have the right to sue the government if they believe it violated their rights. Some personal status laws mirror sharia regardless of the religion of those involved in the case being decided.
According to law, membership in certain types of religiously oriented organizations is illegal and punishable to different degrees. This includes membership in an organization considered by the government to be “Salafist,” a designation the government associates with Sunni fundamentalism. Neither the government broadly nor the state security court has specifically defined the parameters of what constitutes “Salafist” activity. Affiliation with the Muslim Brotherhood is punishable by death or imprisonment. The law prohibits political parties based on religion, tribal affiliation, or regional interests.
The government bans Jehovah’s Witnesses as a “politically-motivated Zionist organization.”
The law restricts proselytizing and conversion. It prohibits the conversion of Muslims to other religions as contrary to sharia. The law recognizes conversion to Islam. The penal code prohibits causing tension between religious communities.
The law bars publication of content that affects “national unity and national security,” harms state symbols, defames religions, or incites sectarian strife or “hate crimes.”
By law, all religious groups must register with the government. Registered religious groups and clergy – including all government-recognized Muslim, Jewish, and Christian groups – receive free utilities and are exempt from real estate taxes on religious buildings and personal property taxes on their official vehicles.
The law regulates the structure and functions of the Ministry of Religious Endowments (Awqaf). The law provides for a Jurisprudential and Scholarly Council with the power to define what religious discourse is appropriate and the authority to fine or penalize individuals who propagate extremist thought or deviate from approved discourse. The law also charges the council with monitoring all fatwas (religious decrees) issued in the country and with preventing the spread of views associated with the Muslim Brotherhood or “Salafist” activity, including “Wahhabism.” The law concentrates a range of offices and institutions within the ministry, centralizing the government’s role in and oversight of the country’s religious affairs.
All meetings of religious groups, except for regularly scheduled worship, require permits from the government.
Public schools are officially government-run and nonsectarian, although the government authorizes the Christian and Druze communities to operate some public schools. There is mandatory religious instruction in public schools for all students, with government-approved teachers and curricula. Religious instruction covers only Islam and Christianity, and courses are divided into separate classes for Muslim and Christian students. Members of religious groups may choose to attend public schools with Islamic or Christian instruction or to attend private schools that follow either secular or religious curricula.
For the resolution of issues of personal status, the government requires citizens to list their religious affiliation. Individuals are subject to their respective religious groups’ laws concerning marriage and divorce. Per the personal status code, a Muslim man may marry a Christian woman, but a Muslim woman may not legally marry a Christian man. If a Christian woman marries a Muslim man, she is not allowed to be buried in an Islamic cemetery unless she converts to Islam and may not inherit any property or wealth from her husband, even if she converts. The law states that if a Christian wishes to convert to Islam, the presiding Muslim cleric must inform the prospective convert’s diocese.
The personal status law on divorce for Muslims is based on an interpretation of sharia implemented by government-appointed religious judges. In interreligious personal status cases, sharia takes precedence. A divorced woman is not entitled to alimony in some cases; a woman may also forego her right to alimony to persuade her husband to agree to the divorce. In addition, under the law, a divorced mother loses the right to guardianship and physical custody of her sons when they reach the age of 13 and of her daughters at age 15, when guardianship transfers to the paternal side of the family.
The government’s interpretation of sharia is the basis of inheritance laws for all citizens except Christians. According to the law, courts may grant Muslim women up to half of the inheritance share of male heirs. In all communities, male heirs must provide financial support to female relatives who inherit less.
An individual’s birth certificate records his or her religious affiliation. Documents presented when marrying or traveling for a religious pilgrimage also list the religious affiliation of the applicant. There is no designation of religion on passports or national identity cards except for Jews, who are the only religious group whose passports and identity cards note their religion.
Law No. 10, passed in 2018, allows the government to create “redevelopment zones” to be slated for reconstruction. Property owners are notified to provide documentary proof of property ownership or risk losing ownership to the state.
The country is a party to the International Covenant on Civil and Political Rights.
The constitution provides for the right, individually or jointly with others, to adhere to any religion or to no religion, and to participate in religious customs and ceremonies. The constitution states “religious associations shall be separate from the state” and “shall not interfere in state affairs.” The law restricts Islamic prayer to specific locations, regulates the registration and location of mosques, and prohibits persons younger than the age of 18 from participating in public religious activities. The government Committee on Religion, Regulation of Traditions, Celebrations, and Ceremonies (CRA) maintains a broad mandate that includes approving registration of religious associations, construction of houses of worship, participation of children in religious education, and the dissemination of religious literature. The government continued to detain and prosecute Jehovah’s Witnesses for refusal to serve in the military. In some cases, there were allegations of physical abuse. Jehovah’s Witnesses have unsuccessfully sought registration since 2007, and some adherents have claimed harassment by authorities. In April, a Shohmansur district court in Dushanbe convicted independent journalist Daler Sharifov of “inciting religious hatred,” sentencing him to one year in prison. Hanafi Sunni mosques continued to enforce a religious edict issued by the government-supported Ulema Council prohibiting women from praying at Hanafi Sunni mosques. Government officials continued to take measures to prevent individuals from joining or participating in religious organizations identified by authorities as extremist and banned, such as the Muslim Brotherhood. The government continued to imprison approximately 20 imams in Sughd Region for membership in banned “extremist organizations.” In March, Prosecutor General Yusuf Rahmon said that law enforcement officials had arrested 154 individuals suspected of belonging to the Muslim Brotherhood. In August, a Sughd Region court sentenced 20 alleged members of the Muslim Brotherhood to between five and seven years of prison for their membership in a banned organization. Law enforcement agencies continued to arrest and detain individuals suspected of membership in or support of groups banned by the government, including groups that advocated for Islamic political goals and presented themselves as political opponents to the government, according to nongovernmental organizations (NGOs). Authorities continued a pattern of harassing men with beards, and government officials again issued statements discouraging women from wearing “nontraditional or alien” clothing, including hijabs. According to international NGOs, the CRA levied heavy fines on four Protestant churches between August 2019 and January 2020 for arranging translation of the Bible into Tajik without prior CRA approval, as required by law. The CRA denied the NGO report, stating that translation of religious literature does not fall under its purview. The government noted its intent to reschedule a visit by the UN Special Rapporteur on Freedom of Religion or Belief to assess the religious situation in the country and make suggestions to address concerns. The visit planned for 2020 did not take place due to COVID-19 restrictions.
Individuals outside government continued to state they were reluctant to discuss issues such as societal respect for religious diversity, including abuses or discrimination based on religious belief, due to fear of government harassment. Civil society representatives said discussion of religion in general, especially relations among members of different religious groups, remained a subject they avoided.
The Ambassador and other U.S. embassy officials encouraged the government on a frequent basis during in-person meetings, virtual gatherings, and calls to adhere to its commitments to respect religious freedom. Embassy officers raised concerns regarding the participation of women and minors in religious services, restrictions on the religious education of youth, the situation facing Jehovah Witnesses in the country, and harassment of those wearing religious attire.
In 2016, the country was 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 announced a waiver of the required sanctions that accompany designation in the “important national interest of the United States.”
Section II. Status of Government Respect for Religious Freedom
The constitution declares the country a secular state and “religious associations shall be separate from the state and shall not interfere in state affairs.” According to the constitution, everyone has the right individually or jointly with others to profess any religion or no religion and to take part in religious customs and ceremonies. Since October 2007, the government has banned the Jehovah’s Witnesses for carrying out religious activities contrary to the country’s laws, such as refusing obligatory military service.
The establishment and activities of religious associations promoting racism, nationalism, enmity, social and religious hatred, or calling for the violent overthrow of constitutional order or organizing of armed groups is prohibited. The constitution prohibits “propaganda and agitation” that encourages religious enmity. In accordance with provisions of the constitution, no ideology of a political party, public or religious association, movement, or group may be recognized as a state ideology.
The law prohibits provoking religiously based hatred, enmity, or conflict as well as humiliating and harming the religious sentiments of other citizens.
The law defines extremism as the activities of individuals and organizations aimed at destabilization, subverting the constitutional order, or seizing power. This definition includes inciting religious hatred.
The law prohibits individuals from joining or participating in what it considers to be extremist organizations. The government maintains a list of “extremist organizations” that it alleges employ terrorist tactics in an effort to advance Islamic political goals, including the National Alliance of Tajikistan, Hizb ut-Tahrir, al-Qaida, Muslim Brotherhood, Taliban, Jamaat Tabligh, Islamic Group (Islamic Community of Pakistan), East Turkestan Islamic Movement (ETIM), Islamic Party of Turkestan (former Islamic Movement of Uzbekistan), Lashkar-e-Tayba, Tojikistoni Ozod, Sozmoni Tablighot, Salafi groups, Jamaat Ansarullah, and the Islamic Renaissance Party of Tajikistan (IRPT).
The CRA is the government body primarily responsible for overseeing and implementing all provisions of the law pertaining to religion. The Center for Islamic Studies, under the Executive Office of the President, helps formulate the government’s policy toward religion.
The law defines a religious association as any group composed of persons who join for religious purposes. A religious association is a voluntary association of followers of one faith, with the purpose of holding joint worship and celebration of religious ceremonies, religious education, as well as spreading religious beliefs. To register a religious association, a group of at least 10 persons older than the age of 18 must obtain a certificate from local authorities confirming the adherents of their religious faith have lived in a local area for five years. The group must then submit to the CRA proof of the citizenship of its founders, along with their home addresses and dates of birth. The group must provide an account of its beliefs and religious practices and describe its attitudes related to education, family, and marriage. A religious association must provide information on its houses of worship, which includes religious centers, central prayer houses, and religious educational institutions. The group must specify in its charter the activities it plans to undertake, and once registered as a religious association, must report annually on its activities or face deregistration.
The government subdivides associations formed for “conducting joint religious worship” into religious organizations and religious communities, which also are defined by law. To operate legally, both are required to register with the government, a process overseen by the CRA.
A religious organization provides for religious education and the spreading of religious faith. Types of religious organizations include the Republican Religious Center, central Friday mosques, central prayer houses, religious education entities, churches, and synagogues. Religious organizations are legal entities and function on the basis of charters. They may be district, municipal, or national organizations.
A religious community, unlike a religious organization, is not a legal entity. Its members gather to conduct other religious activities, which are not defined by law. For example, individuals gather for joint prayer, attend funeral prayers, and celebrate religious holidays. Types of religious communities include Friday mosques, five-time prayer mosques, prayer houses, and other places of worship. A religious community functions on the basis of a charter after registering with the CRA, and the nature and scope of its activities are determined by the charter. A religious community must adhere to the “essence and limits of activity” set out in its charter.
The law provides penalties for religious associations that engage in activities contrary to the purposes and objectives set out in their charters, and it assigns the CRA responsibility for issuing fines for such activities. The law imposes fines for carrying out religious activities without state registration or reregistration; violating provisions on organizing and conducting religious activities; providing religious education without permission; performing prayers, religious rites, and ceremonies in undesignated places; and performing activities beyond the purposes and objectives defined by the charter of the religious association. For first-time offenses, the government fines individuals 406 to 580 somoni ($36-$51), heads of religious associations 1,160 to 1,740 somoni ($100-$150), and registered religious associations, as legal entities, 5,800 to 11,600 somoni ($510-$1,000). For repeat offenses within one year of applying first fines, penalties are increased to 696 to 1,160 somoni ($61-$100) for individuals, 2,320 to 2,900 somoni ($200-$260) for heads of religious associations, and 17,400 to 23,200 somoni ($1,500-$2,000) for registered religious associations. If a religious association conducts activities without registering, local authorities may impose additional fines or close a place of worship.
The law allows restrictions on freedom of conscience and religion deemed necessary by the government to ensure the rights and freedoms of others, public order, protection of the foundations of constitutional order, security of the state, defense of the country, public morals, public health, and the territorial integrity of the country. In addition, religious organizations annually must report general information about worship, organizational, educational, and outreach activities to the state, and the state must approve the appointments of all imams.
The Law on Freedom of Conscience (the Law) stipulates that no party, public or religious association, movement, or group may be recognized as representing state ideology. The Law also asserts that the state maintains control over religious education to prevent illegal training, propaganda, and the dissemination of extremist ideas, religious hatred, and hostility.
The Law broadly empowers the CRA to create regulations to implement state policies on religion, such as establishing specific guidelines for the performance of religious ceremonies. In addition to approving the registration of religious associations, organizations, and communities, the CRA maintains a broad mandate that includes approving the construction of houses of worship, participation of children in religious education, and the dissemination of religious literature.
The CRA oversees activities of religious associations, such as the performance of religious rites, and the development and adoption of legal acts aimed at the implementation of a state policy on the freedom of conscience and religious associations. Religious associations must submit information on sources of income, property lists, expenditures, numbers of employees, wages and taxes paid, and other information upon request by the CRA.
The Freedom of Conscience Law recognizes the special status of Sunni Islam’s Hanafi school of jurisprudence with respect to the country’s culture and spiritual life. This status is aspirational, however, and does not have any specific legal bearing.
The Freedom of Conscience Law restricts Islamic prayer to four locations: mosques, cemeteries, homes, and shrines. It regulates the registration, size, and location of mosques, limiting the number of mosques that may be registered within a given population area. The government allows “Friday mosques,” which conduct larger Friday prayers as well as prayers five times per day, to be located in districts with populations of 10,000 to 20,000 persons; it allows “five-time mosques,” which conduct only daily prayers five times per day, in areas with populations of 100 to 1,000. In Dushanbe, authorities allow Friday mosques in areas with 30,000 to 50,000 persons, and five-time mosques in areas with populations of 1,000 to 5,000. The Law allows one “central Friday mosque” per district or city and makes other mosques subordinate to it.
Mosques function according to their charters in buildings constructed by government-approved religious organizations or by individual citizens, or with the assistance of the general population. The Law states the selection of chief-khatibs (government-sanctioned prayer leaders at a central Friday mosque), imam-khatibs (government-sanctioned prayer leaders in a Friday mosque, who deliver a sermon at Friday noon prayers), and imams (government-sanctioned prayer leaders in five-time mosques) shall take place in coordination with “the appropriate state body in charge of religious affairs.” The CRA must approve imam-khatibs and imams elected by the founders of each mosque. Local authorities decide on land allocation for the construction of mosques in coordination with “the appropriate state body in charge of religious affairs.” The CRA disseminates recommended talking points for Friday sermons drafted by the Islamic Center. Individual imam-khatibs can modify or supplement the talking points, and, according to the CRA, there is no penalty for noncompliance.
The Law on Regulation of Traditions and Celebrations regulates private celebrations, including weddings, funeral services, and observations of the Prophet Muhammad’s birthday, including limiting the number of guests, and it controls ceremonial gift presentations and other rituals. The statute also states that mass worship, religious traditions, and ceremonies must be carried out according to the procedures for holding meetings, rallies, demonstrations, and peaceful processions. This statute also bans the traditional sacrifice of animals at ceremonies marking the seventh and 40th day after a death. Traditional sacrifices are permissible during Ramadan and Eid al-Adha.
According to the Law on Regulation of Traditions and Celebrations, “Individuals and legal entities are obliged to protect the values of the national culture, including the state language and national dress.” According to customary (not official) interpretation, “national dress” does not include the hijab, although it does include a traditional Tajik form of covering a woman’s head, known as ruymol. The Code of Administrative violations (the Code) does not list the wearing of a beard, hijab, or other religious clothing as violations.
The Law allows registered religious organizations to produce, export, import, and distribute religious literature and materials containing religious content after receiving CRA approval. Only registered religious associations and organizations are entitled to establish enterprises that produce literature and material with religious content. Such literature and material must indicate the full name of the religious organization producing it. The Code allows government authorities to levy fines for the production, export, import, sale, or distribution of religious literature without CRA permission. According to the Code, violators are subject to confiscation of the given literature, as well as fines of 1,740 to 4,060 somoni ($150-$360) for individuals; 2,900 to 8,700 somoni ($260-$770) for government officials; and 5,800 to 17,400 somoni ($510-$1,500) for legal entities, a category that includes all organizations. According to the Code, producing literature or material containing religious content without identifying the name of the religious organization producing it entails fines of 2,900 to 5,800 somoni ($260-$510) and confiscation of the material.
The Law on Parental Responsibility for Education and Upbringing of Children prohibits individuals younger than the age of 18 from participating in “public religious activities,” including attending worship services at public places of worship. Individuals younger than 18 may attend religious funerals and practice religion at home, under parental guidance. The statute allows individuals younger than 18 to participate in religious activities that are part of specific educational programs in authorized religious institutions.
The Law requires all institutions or groups wishing to provide religious instruction to meet the Ministry of Education and Science’s statutory requirements. In practice, however, such permission is usually not granted because madrassahs are not able to meet the ministry’s requirements relative to classrooms, qualified teachers, and curriculum. Central district mosques may operate madrassahs, which are open only to high school graduates. Other mosques, if registered with the government, may provide part-time religious instruction for younger students in accordance with their charter and if licensed by the government.
With written parental consent, the Law allows minors between the ages of seven and 18 to obtain religious instruction provided by a registered religious organization outside mandatory school hours. According to the Law, this may not duplicate religious instruction that is already part of a school curriculum. As part of the high school curriculum, students must take general classes on the “history of religions.” The CRA is responsible for monitoring mosques throughout the country to ensure implementation of these provisions.
According to the CRA, parents may teach religion to their children at home provided they express a desire to learn. The Law forbids religious instruction at home to individuals outside the immediate family. The Law also restricts sending citizens abroad for religious education and establishing ties with religious organizations abroad without CRA consent. To be eligible to study religion abroad, students must complete a degree in religious studies domestically and receive written consent from the CRA. The Code stipulates fines of 2,900 to 5,800 somoni ($260-$510) for violating these restrictions.
The Law on General Military Duty and Service requires men to serve one year in the armed forces if they have a university degree and two years if they have not graduated from a university. This same statute allows for alternative service, although the government has yet to adopt implementing regulations that specify acceptable forms of alternative service.
The country is a party to the International Covenant on Civil and Political Rights (ICCPR).
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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 regulations allow only Chinese citizens to take part in officially approved religious practices and stipulate religious activity “must not harm national security.” CCP regulations control all aspects of Tibetan Buddhism, including religious venues, groups, personnel, and schools, and prohibit “accepting domination by external forces,” which authorities said included Tibetans in exile, particularly the Dalai Lama. The CCP continued to promote “Sinicization” policies that aimed to interpret religious ideas in accordance with CCP ideology and to emphasize loyalty to the CCP and the state. The CCP’s Administrative Measures for Religious Organizations regulation, released in February, further formalized the administrative procedures for Sinicizing all religions, including Tibetan Buddhism. In the Tibet Autonomous Region (TAR) and other Tibetan areas there were reports of forced disappearances, arrests, torture, physical abuse, and prolonged detentions without trial of individuals due to their religious practices. There were reports of individuals dying in custody after being beaten, and one nun in a detention facility committed suicide. There were multiple reports of individuals who had been released from detention dying as a result of long-term illnesses and injuries suffered following beatings and mistreatment during incarceration. According to nongovernment organizations (NGOs) and academic research, the PRC government undertook a large-scale and aggressive campaign of “reeducation” or “vocational training” in military-style camps to conduct forced political indoctrination and to transform traditional farmers and herders into laborers in other industries; the vocational training process required “diluting the negative influence of religion.” In some cases, this program involved transferring Tibetans away from their home districts as part of so-called labor transfer programs. Authorities arrested multiple writers, singers, and artists for promoting Tibetan language and culture. Media and human rights groups reported that local officials in Tibetan areas explicitly stated supporters of the Dalai Lama and other religious leaders could be arrested under the government’s nationwide anti-organized-crime program and that Tibetans were told to inform security officials of anyone who “links up with the Dalai clique.” The PRC government continued to restrict the size of Buddhist monasteries and other institutions and to implement a campaign begun in 2016 to evict monks and nuns from monasteries and prohibit them from practicing elsewhere. While exact numbers were difficult to ascertain because access to Tibetan areas remained restricted, according to multiple sources, between 2016 and 2019, authorities evicted between 6,000 and 17,000 Tibetan and Han Chinese monks and nuns from Larung Gar and Yachen Gar Tibetan Buddhist Institutes. Satellite imagery and photographs showed that thousands of dwellings at these locations had been destroyed since 2018. PRC authorities continued to restrict the religious practices of monks, nuns, and laypersons. Travel and other restrictions hindered monastics and laypersons from engaging in traditional religious practices and pilgrimages. Repression, including arbitrary surveillance, increased around politically sensitive events, religious anniversaries, and the Dalai Lama’s birthday. The government canceled some religious festivals, citing COVID-19 pandemic restrictions, although some sources stated this was a pretext. The government surveilled religious sites, encouraged families to inform on their neighbors, and attempted to control access to social media. It continued to force monasteries to display portraits of CCP leaders and the national flag and required Tibetans to replace images of the Dalai Lama and other lamas with portraits of prominent CCP leaders, including Chairman Mao and General Secretary and PRC President Xi Jinping, in their homes. Media and NGOs reported that authorities erected two Chinese-style pagodas in front of the Jokhang Temple in Lhasa, a UNESCO World Heritage Site generally considered to be the most sacred temple in Tibet, and closed the square in front of the temple to worshippers. PRC authorities continued to restrict children from participating in many traditional religious festivals and from receiving religious education. As part of efforts to Sinicize the population, schools in some areas required instruction in Mandarin, and some students were sent to other parts of the country to expose them to Han culture. Authorities continued to engage in widespread interference in monastic practices, including by appointing government and CCP personnel and government-approved monks to manage religious institutions. The government continued to control the selection of Tibetan Buddhist lamas and supervised their religious and political education. It continued to force monks and nuns to undergo political training in state ideology. Religious leaders and government employees were often required to denounce the Dalai Lama and express allegiance to the government-recognized Panchen Lama, Gyaltsen Norbu. Officials routinely made public statements denigrating the Dalai Lama and promoting the Sinicization of Tibetan Buddhism. In a statement issued in December, the Standing Committee of the Tibetan People’s Congress stated reincarnations of lamas were to take place in accordance with state laws regulating religious affairs and the reincarnation of living buddhas. The statement said the 14th Dalai Lama’s own selection had been reported to the government for approval. Authorities continued in state media to justify interference with Tibetan Buddhist monasteries by associating the monasteries with “separatism” and pro-independence activities.
Some Tibetans continued to encounter societal discrimination when seeking employment, engaging in business, and traveling for pilgrimage, according to multiple sources.
The PRC continued to tightly restrict diplomatic access to the TAR and deny the U.S. embassy in Beijing and the then-open consulate in Chengdu requests to visit the area. No U.S. diplomats were allowed to visit the TAR during the year. The outbreak of COVID-19 in January led to country-wide restrictions on travel within the PRC and entry into the PRC, which also affected the ability of foreign diplomats, journalists, and tourists to travel to the TAR and other Tibetan areas. U.S. officials repeatedly raised concerns about religious freedom in Tibet with Chinese government counterparts at multiple levels. U.S. officials, including the Secretary of State, Ambassador at Large for International Religious Freedom, Special Coordinator for Tibetan Issues, Ambassador to China, and other embassy officers continued sustained and concerted efforts to advocate for the rights of Tibetans to preserve, practice, teach, and develop their religious traditions and language without interference from the government. U.S. officials underscored that decisions on the succession of the Dalai Lama should be made solely by faith leaders and raised concerns about the continued disappearance of Panchen Lama Gedhun Choekyi Nyima, missing since 1995. On July 7, the Secretary of State announced the United States was imposing visa restrictions on PRC government and CCP officials that it had determined to be “substantially involved in the formulation or execution of policies related to access for foreigners to Tibetan areas,” pursuant to the Reciprocal Access to Tibet Act of 2018. In November, Central Tibetan Administration (CTA) President Lobsang Sangay met in Washington, D.C. with the U.S. Special Coordinator for Tibetan Issues. On December 27, the President signed into law the Tibetan Policy and Support Act of 2020. The law states in part that decisions regarding the selection, education, and veneration of Tibetan Buddhist religious leaders are exclusively spiritual matters that should be made by the appropriate religious authorities. The embassy and consulates used social media to deliver direct messaging about religious freedom in Tibet to millions of Chinese citizens.
Section II. Status of Government Respect for Religious Freedom
The majority of ethnic Tibetans in the People’s Republic of China live in the TAR, Tibetan autonomous prefectures (TAPs), and counties in Sichuan, Qinghai, Yunnan, and Gansu provinces. The PRC constitution, which cites the leadership of the CCP and the guidance of Marxism-Leninism and Mao Zedong and Xi Jinping Thought, states that citizens “enjoy freedom of religious belief,” but limits protections for religious practice to “normal religious activities” without defining “normal.” The constitution bans the state, public organizations, and individuals from compelling citizens to believe in, or not believe in, any religion. It says religion may not be used to disrupt public order, impair the health of citizens, or interfere with the educational system. The constitution states religious bodies and affairs are not to be “subject to any foreign control.” 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 legally hold worship services or other religious ceremonies and activities.
CCP regulations regarding religion are issued by the CCP’s United Front Work Department (UFWD). The UFWD’s Bureau of Ethnic and Religious Work manages religious affairs through the State Administration of Religious Affairs (SARA).
The UFWD controls the selection of Tibetan religious leaders, including lamas. Regulations stipulate that, depending on the perceived geographic area of influence of the lama, relevant administrative entities may deny permission for a lama to be recognized as reincarnated (a tenet of Tibetan Buddhism), and that these administrative entities must approve reincarnations. The UFWD claims the right to deny the recognition of reincarnations of high lamas of “especially great influence.” The regulations also state no foreign organization or individual may interfere in the selection of reincarnate lamas, and all reincarnate lamas must be reborn within China. The CCP maintains a registry of officially recognized reincarnate lamas.
Regulations issued by the UFWD allow only Chinese citizens to take part in officially approved religious practices; these regulations assert CCP control over all aspects of religions, including religious venues, groups, personnel, and schools. Through local regulations issued under the framework of the national-level Management Regulation of Tibetan Buddhist Monasteries, governments of the TAR and other autonomous Tibetan areas control the registration of monasteries, nunneries, and other Tibetan Buddhist religious centers. The regulations also give the CCP formal control over building and managing religious structures and require monasteries to obtain official permission to hold large-scale religious events or gatherings.
The central government’s Regulations on Religious Affairs require religious groups to register with the government, impose fines on landlords who provide facilities for unauthorized religious activities, and restrict contact with overseas religious institutions. The regulations require religious groups to seek approval to travel abroad and prohibit “accepting domination by external forces,” which authorities say include Tibetans in exile, particularly the Dalai Lama. The regulations submit religious schools to the same oversight as places of worship and impose restrictions on religious groups conducting business or investments, including placing limits on the amount of donations they may receive, thereby constraining property ownership and development. Publication of religious material must conform to guidelines determined by the Propaganda Department of the CCP Central Committee.
The regulations also require that religious activity “must not harm national security.” While the regulations stipulate that religious groups must abide by the law, safeguard national unity, and respond to “religious extremism,” the term “extremism” is undefined. Measures to safeguard unity and respond to “religious extremism” include monitoring groups, individuals, and institutions, and recommending penalties such as suspending groups and canceling clergy credentials. The regulations stipulate that the online activities of religious groups must be approved by the provincial UFWD.
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 vary 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. These regulations have effectively barred Tibetan youth from entering monasteries prior to reaching 18 years of age.
On January 11, the government adopted the “Regulations on the Establishment of a Model Area for Ethnic Unity and Progress in the Tibet Autonomous Region.” These require “equal opportunities” for non-Tibetan ethnic groups at all levels of government and in schools, private business companies, religious centers and the military in the TAR.
A government policy introduced in 2018 requires Tibetan monks and nuns to undergo political training in CCP ideology. Monks and nuns must not only demonstrate competence in religious studies, but they must also show “political reliability,” “moral integrity capable of impressing the public,” and a willingness to “play an active role at critical moments.”
Self-immolation (setting oneself on fire as a form of protest) is considered homicide, and family members, teachers, and religious leaders may be charged as accessories to homicide if a relative, pupil, or follower chooses to self-immolate.
To establish formal places of worship, religious organizations must receive approval from the local UFWD, both when the facility is proposed and again prior to the first time any services are 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 an established facility or worship meeting space; they must seek a separate approval from CCP authorities each time they want to reserve a space for worship, such as by renting a hotel or an apartment. Worshipping in a space without prior approval, either through the formal registration process or by seeking an approval for each service, is considered an illegal religious activity that may be criminally or administratively punished.
Individuals must apply to the TAR CCP Committee to take up religious orders and the committee may deny any application. Regulations also require monks and nuns to obtain permission from officials in both the originating and receiving counties before traveling to other prefectures or county-level cities within the TAR to “practice their religion,” engage in religious activities, study, or teach. TAPs outside the TAR have similar regulations.
At the central level, the CCP Central Committee’s Central Tibet Work Coordination Group and the UFWD are responsible for developing and implementing religious management policies, which are carried out with support from the five state-sanctioned patriotic religious associations: The Three-Self Patriotic Movement (Protestant), the Chinese Catholic Patriotic Association, the Chinese Taoist Association, the Islamic Association of China, and the Buddhist Association of China (BAC). At local levels, party leaders and branches of the UFWD, SARA, and the BAC are required to coordinate implementation of religious policies in monasteries.
CCP members and retired government officials, including Tibetans, are required to be atheists and are forbidden from engaging in religious practices. CCP members who are found to belong to religious organizations are subject to various types of punishment, including termination of their employment and expulsion from the CCP.
The constitution defines the country as a secular state. It provides for freedom of conscience, religious belief, conviction, expression, and worship and prohibits discrimination based on religious grounds. The Presidency of Religious Affairs (Diyanet), a state institution, governs and coordinates religious matters related to Islam; its mandate is to enable the practice of Islam, provide religious education, and manage religious institutions. In January, media reported the Supreme Court of Appeals upheld a 13.5-month sentence against an ethnic Armenian citizen for provoking hostility by criticizing the Prophet Mohammed. The government continued to limit the rights of non-Muslim religious minorities, especially those not recognized under the government’s interpretation of the 1923 Lausanne Treaty, which includes only Armenian Apostolic Orthodox Christians, Jews, and Greek Orthodox Christians. Media and nongovernmental organizations reported an accelerated pace of entry bans and deportations of non-Turkish citizen leaders of Protestant congregations. The government continued to restrict efforts of minority religious groups to train their clergy, and the Greek Orthodox Halki Seminary remained closed. Religious minorities again reported difficulties opening or operating houses of worship; resolving land and property disputes and legal challenges of churches whose lands the government previously expropriated; holding governing board elections for their religious foundations; and obtaining exemptions from mandatory religion classes in schools. Religious minorities, particularly members of the Alevi community, again raised challenges to religious content and practices in the public education system. In July, President Recep Tayyip Erdogan reconverted Istanbul’s Hagia Sophia Museum, originally an Orthodox church that was subsequently converted to a mosque and then a museum, into a mosque and declared it open to Islamic worship. In August, President Erdogan similarly ordered the reconversion of the Kariye (Chora) Museum to a mosque. Construction of the new Syriac Orthodox church in Istanbul continued, according to the Syriac Orthodox Metropolitan Office.
According to a press report, on March 20, relatives found the body of Simoni Diril, the mother of a Catholic Chaldean priest, two months after unidentified persons abducted Diril and her husband. According to media reports, isolated acts of vandalism of places of worship and cemeteries continued. In May, security cameras caught an individual attempting to vandalize an Armenian church in Istanbul. Police detained the suspect, and authorities charged him with vandalism. Other media outlets reported an increase of vandalism of Christian cemeteries, including the destruction in February of 20 gravestones in the Ortakoy Christian Cemetery in Ankara. According to a news report in June, unknown perpetrators vandalized a monument commemorating Alevis killed in 1938. Anti-Semitic discourse and hate speech continued in social media and print press; in March, there were media reports, including by the Jewish publication Avlaremoz, of anti-Semitic speech on various social media sites linking the COVID-19 outbreak to Jews.
The U.S. Ambassador, visiting senior U.S. officials, and other embassy and consulate officials continued to emphasize to government officials the importance of respect for religious diversity and equal treatment under the law. U.S. government officials urged the government to lift restrictions on religious groups and make progress on property restitution. Senior U.S. officials, including the Secretary of State, continued to call on the government to allow the reopening of Halki Seminary and to allow for the training of clergy members from all communities in the country. In June, the Ambassador at Large for International Religious Freedom called for the government to keep Hagia Sophia’s status as a museum. In a tweet on June 25, he stated, “The Hagia Sophia holds enormous spiritual & cultural significance to billions of believers of different faiths around the world. We call on the Govt of #Turkey to maintain it as a @UNESCO World Heritage site & to maintain accessibility to all in its current status as a museum.” In July, the Secretary of State urged the government “to maintain Hagia Sophia as a museum, as an exemplar of its commitment to respect the country’s faith traditions.” In November, during a visit to Istanbul, to promote the United States’ “strong stance on religious freedom around the world,” the Secretary of State met with Ecumenical Patriarch Bartholomew I and with Archbishop Paul Russell, the Holy See’s representative to the country. The Secretary also visited St. George’s Cathedral and the Rustem Pasha Mosque. Embassy and consulate officials met with a wide range of religious minority community leaders, including those of the Greek Orthodox, Jewish, Armenian Apostolic Orthodox, Roman Catholic, Protestant, Alevi, Syriac Orthodox, and Chaldean Catholic communities, to underscore the importance of religious freedom and interfaith tolerance and to condemn discrimination against members of any religious group.
Section II. Status of Government Respect for Religious Freedom
The constitution defines the country as a secular state and provides for freedom of conscience, religious belief, conviction, expression, and worship. It stipulates individuals may not be compelled to participate in religious ceremonies or disclose their religion, and acts of worship may be conducted freely as long as they are not directed against the “integrity of the state.” The constitution prohibits discrimination on religious grounds and exploitation or abuse of “religion or religious feelings, or things held sacred by religion,” or “even partially basing” the order of the state on religious tenets.
The constitution establishes the Diyanet, through which the state coordinates Islamic matters. According to the law, the Diyanet’s mandate is to enable the belief, practices, and moral principles of Islam, with a primary focus on Sunni Islam; educate the public about religious issues; and administer mosques. The Diyanet operates under the Office of the President, with its head appointed by the President and administered by a 16-person council elected by clerics and university theology faculties. The Diyanet has five main departments, called high councils: Religious Services, Hajj and Umrah Services, Education, Publications, and Public Relations. While the law does not require that all members of the council be Sunni Muslim, in practice this has been the case.
There is no separate blasphemy law, but the penal code provides punishment for “provoking people to be rancorous and hostile,” including showing public disrespect for religious beliefs. The law criminalizes “insulting values held sacred by a religion.” Insulting a religion is punishable by six months to one year in prison.
The penal code prohibits religious clergy from “reproaching or vilifying” the government or the laws of the state while performing their duties. Violations are punishable by prison terms of one month to one year, or three months to two years if the crime involves inciting others to disobey the law.
Although registration with the government is not explicitly mandatory for religious groups to operate, registering a group is required to request legal recognition for places of worship. Gaining legal recognition of a place of worship requires permission from the municipalities for the construction or designation of a new place of worship. It is against the law to hold religious services at a location not recognized by the central government as a place of worship; the government may fine or close the venues of those violating the law.
Interfering with the service of a religious group is punishable by one to three years in prison; defacing religious property is punishable by three months to one year in prison; and destroying or demolishing religious property is punishable by one to four years in prison. Because it is illegal to hold religious services in places not registered as places of worship, in practice, these legal proscriptions apply only to recognized religious groups.
The law prohibits Sufi and other religious-social orders (tarikats) and lodges (cemaats), although the government generally does not enforce these restrictions.
Military service is obligatory for males; there is no provision for conscientious objection. A government policy allows individuals to pay a fee of 37,070 Turkish lira ($5,000) instead of performing full military service; however, they are required to complete a three-week basic training program. Those who oppose mandatory military service on religious grounds may face charges in military and civilian courts and, if convicted, could be subject to prison sentences ranging from two months to two years.
The leadership and administrative structures of religious communities do not have a legal personality, leaving them unable to directly buy or hold title to property or press claims in court. Communities rely on separate foundations or associations governed by individual boards to hold and administer assets and property.
A 1935 law prohibits the establishment of foundations based on the religion or ethnicity of members but grants exemptions to foundations existing before the enactment of the law. Non-Muslim citizens direct these longstanding foundations; 167 continue to exist, the majority of which are associated with the Greek Orthodox, Armenian Orthodox, and Jewish communities. In practice, a religious group formed after the 1935 law may successfully apply to register as an association or foundation provided its stated objective is charitable, educational, or cultural rather than religious. There are six Protestant foundations (four existing before the passage of the 1935 foundation law), 36 Protestant associations, and more than 30 representative offices linked with these associations.
The General Directorate of Foundations (GDF), under the Ministry of Culture and Tourism, regulates the activities and affiliated properties of all foundations, and it assesses whether they are operating within the stated objectives of their organizational charter. There are several categories of foundations, including those religious community foundations existing prior to the 1935 law.
If a foundation becomes inactive, the government may petition the courts to rule it is no longer operational and transfer its assets to the state. Only a court order may close a foundation of any category, except under a state of emergency, during which the government may close foundations by decree.
A foundation may earn income through companies and rent-earning properties, as well as from donations. The process for establishing a foundation is lengthier and more expensive than that for establishing an association, but associations have fewer legal rights than foundations at the local level.
Several religious communities have formally registered corresponding associations. Associations must be nonprofit and receive financial support only in the form of donations. To register as an association, a group must submit an application to the provincial governor’s office with supporting documentation, including bylaws and a list of founding members. A group must also obtain permission from the Ministry of Interior as part of its application if a foreign association or nonprofit organization is a founding member; if foreigners are founding members of the group, the group must submit copies of its residence permits. If the governorate finds the bylaws unlawful or unconstitutional, the association must change them to meet the legal requirements. Under the law, the governorate may fine or otherwise punish association officials for actions deemed to violate the organization’s bylaws. A court order may close an association, and the Ministry of Interior may temporarily close an association or foundation and apply to a court within 48 hours for a decision on closure. Otherwise, the government may close associations and foundations by decree under a state of emergency. The civil code requires associations not to discriminate on the grounds of religion, ethnicity, or race.
By law prisoners have the right to practice their religion while incarcerated; however, not all prisons have dedicated places of worship. According to the law, prison authorities must allow visitation by clergy members and allow them to offer books and other materials that are part of the prisoner’s faith.
The constitution establishes compulsory religious and moral instruction in public and private schools at all levels starting with fourth grade, with content determined by the Ministry of National Education’s Department of Religious Instruction, which falls under the authority of the Office of the President. Religion classes are two hours per week for students in grades four through 12. Only students who marked “Christian” or “Jewish” on their national identity cards may apply for an exemption from religion classes. Atheists, agnostics, Alevis or other non-Sunni Muslims, Baha’is, Yezidis, Hindus, Zoroastrians, Confucians, Taoists, and Buddhists, or those who left the religion section blank on their national identity card are rarely granted exemptions from the classes. Middle and high school students may take additional Islamic religious courses as electives for two hours per week during regular school hours.
The government issues chip-enabled national identity cards that contain no visible section to identify religious affiliation. The information on religious affiliation is recorded in the chip and remains visible to authorized public officials as “qualified personal data” and protected as private information. Previously issued national identity cards, which continue in circulation, contain a space for religious identification with the option of leaving the space blank. These older cards included the following religious identities as options: Muslim, Greek Orthodox, non-Orthodox Christian, Jewish, Hindu, Zoroastrian, Confucian, Taoist, Buddhist, No Religion, or Other. Baha’i, Alevi, Yezidi, and other religious groups with known populations in the country were not options.
According to labor law, private- and public-sector employers may not discriminate against employees based on religion. Employees may seek legal action against an employer through the Labor Court. If an employee can prove a violation occurred, the employee may be entitled to compensation of up to four months of salary in addition to the reversal of the employment decision.
The constitution provides for the freedom of religion and for the right of individuals to choose their religion, express and disseminate their religious beliefs, and participate in religious observances and ceremonies. The constitution guarantees the separation of government and religion and stipulates that religious organizations are prohibited from “interference” in state affairs. The law on religion requires all religious organizations, including those previously registered under an earlier version of the law, to reregister regularly with the Ministry of Justice (MOJ) in order to operate legally. According to religious organizations, government security forces continued to severely restrict the importation of religious literature, and it remained difficult to obtain places of worship. According to Jehovah’s Witnesses, as of the end of the year, 11 Jehovah’s Witness conscientious objectors were imprisoned for refusing military service; several were sentenced to prison terms of one year to two years. The government continued not to offer civilian service alternatives for conscientious objectors. The government registered one new religious organization, and six religious organizations amended their charter during the year. According to local religious communities and international advocacy groups, members of some registered and unregistered Christian organizations continued to face official and unofficial harassment, raids, and house searches, usually as a result of attempting to gather for purposes of communal worship. The government continued to appoint all senior Muslim clerics and scrutinize or obstruct religious groups attempting to purchase or lease buildings or land for religious purposes.
Religious leaders and others again stated they were reluctant to speak out publicly about religious freedom issues out of fear of harassment, ostracism, or public shaming by their family members, friends, and neighbors. Numerous citizens stated that the government’s suspicion of religion continued to be mirrored in the private sector, and that membership in a minority religious organization or even “excessive” expressions of religion could result in the loss of employment or employment opportunities. Some members of minority religious groups reported societal prejudices against religious groups that were not Sunni Muslim or Russian Orthodox.
In meetings and official correspondence with government officials, the Ambassador, embassy representatives, and other U.S. government officials expressed concern about religious freedom issues, including the legal status of conscientious objectors, the factors that determined Turkmenistan’s designation as a Country of Particular Concern, the ability of religious groups to register or reregister, and restrictions on the import of religious literature. Multiple times during the year, the embassy requested that President Gurbanguly Berdimuhamedov pardon all Jehovah’s Witnesses imprisoned as conscientious objectors. In January, the Ambassador and other embassy officials, along with ambassadors and senior officials from European embassies, met with 10 minority religious groups to discuss their challenges in the face of a restrictive environment for religious freedom, including challenges of reregistration, the inability to import religious literature, and the lack of places of worship.
Since 2014, Turkmenistan 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 Turkmenistan as a CPC and announced a waiver of the sanctions that accompany designation as required in the “important national interest of the United States.”
Section II. Status of Government Respect for Religious Freedom
The constitution provides for freedom of religion and worship and for the right of individuals to choose their religion, express and disseminate their religious beliefs, and participate in religious observances and ceremonies. The constitution separates the roles of government and religion, stipulating religious organizations are prohibited from “interference” in state affairs or carrying out state functions. The constitution states public education shall be secular in nature. It provides for the equality of citizens before the law regardless of their religious preference.
The law requires all religious organizations, including those that had registered previously, to reregister with the MOJ in order to operate legally in the country whenever the organization changes its address or amends its legal charter. In practice, however, religious groups have a de facto requirement to reregister approximately every three years. The law permits only the registration of those religious organizations that have at least 50 resident members older than the age of 18. The law defines a religious organization as a voluntary association of citizens affiliated with a religion, organized to conduct religious services and other rites and ceremonies as well as to provide religious education and registered in accordance with the country’s legislation. According to the Ministry of Foreign Affairs, there are 132 religious organizations in the country, drawn from Muslim, Christian, and other faith groups; most (109) are Muslim.
According to the law, the State Commission on Religious Organizations and Expert Evaluation of Religious Information Resources (SCROEERIR) is responsible for helping registered religious organizations work with government agencies, explaining the law to representatives of religious organizations, monitoring the activities of religious organizations to ensure they comply with the law, assisting with the translation and publication of religious literature, and promoting understanding and tolerance among different religious organizations. The law states SCROEERIR must approve all individuals appointed as leaders of religious organizations, although the law does not specify the procedures for obtaining the required approval. SCROERRIR operates under the leadership of the Grand Mufti, who is appointed by the government, as are all other senior Muslim clerics. The Deputy Chairman of the Cabinet of Ministers for education, health, religion, sports, tourism, science, new technologies, and innovation oversees SCROEERIR’s work. The chairman of SCROEERIR is also the chairman of the Department for Work with Religious Organizations of the Cabinet of Ministers. One member of SCROEERIR is from the Russian Orthodox Church.
To register, organizations must submit to SCROEERIR their contact information; proof of address; a statement requesting registration signed by the founders and board members of the organization; two copies of the organization’s charter; the names, addresses, and dates of birth of the organization’s founders, and pay a registration fee of ranging from 100 to 800 manat ($29 to $230), based on location of registration and other factors. Once SCROEERIR endorses an application for registration, it is submitted to the MOJ, which coordinates an interministerial approval process involving the Ministry of Foreign Affairs, Ministry of National Security, Ministry of Internal Affairs, and other government offices. According to government procedures, the MOJ may additionally request the biographic information of all members of an organization applying for registration. The law states that leaders of registered religious organizations must be citizens who have received an “appropriate religious education,” but it does not define that term. Each subsidiary congregation of a registered religious organization must also register, and the registration process is the same as that which applies to the parent organization.
The tax code stipulates registered religious organizations are exempt from taxes.
The law states the MOJ will not register a religious organization if its goals or activities contradict the constitution or if SCROEERIR does not endorse its application. The law does not specify the standards SCROEERIR uses to make that determination. The law assigns the Office of the Prosecutor General to monitor the compliance of a religious organization with the constitution. The law specifies a court may suspend the activities of a religious organization if it determines the organization to be in violation of the constitution; that suspension may only be overcome if the organization submits documentation satisfying the court that the activities that led to suspension have been stopped. The law also states that grounds for dissolution of a religious organization include activities “that violate the rights, freedoms, and lawful interests of citizens” or “harm their health and morale.”
The administrative code covering religious organizations delineates a schedule of fines for conducting activities not described in a religious organization’s charter.
Unregistered religious organizations and unregistered subsidiary congregations of registered religious organizations may not legally conduct religious activities; establish places of worship; gather for religious services, including in private residences; produce or disseminate religious materials; or proselytize. Any such activity is punishable as an administrative offense by fines ranging from 100 to 2,000 manat ($29 to $570), with higher fines for religious leaders and lower fines for lay members.
The law states MOJ officials have the right to attend any religious event held by a registered religious organization and to question religious leaders about any aspect of their activities.
The administrative code stipulates penalties of from 200 to 500 manat ($57 to $140) for officials who violate an individual’s right of freedom to worship or right to abstain from worship, but this has not been enforced in practice.
The criminal and administrative codes provide punishment for the harassment of members of registered religious organizations by private individuals. According to the administrative code, obstructing the exercise of religious freedom is punishable by a fine of from 1,000 to 8,700 manat ($290 to $2,500) or detention of from 15 days to one year of “corrective labor,” which involves serving in a government-assigned position in a prison near one’s home or at a location away from one’s home. If an obstruction involves a physical attack, the punishment may entail up to two years in prison. According to the criminal code, the fine is calculated as five to 10 times an individual’s average monthly wages (4,350 to 8,700 manat or $1,200 to $2,500).
The law allows registered religious organizations to create educational establishments to train clergy and other religious personnel after obtaining a license to do so. The Cabinet of Ministers establishes the procedures for obtaining a license. The law also states individuals teaching religious disciplines at religious educational establishments must have a theological education and must carry out their activities with the permission of the central governing body of the religious organization and the approval of SCROEERIR.
Local governments have the right to monitor and “analyze” the “religious situation” within their jurisdiction, send proposals to SCROEERIR to change or update legislation on religious freedom, and coordinate religious ceremonies conducted outside of religious buildings.
The law allows local governments, with the approval of SCROEERIR, to make decisions regarding the construction of religious buildings and structures within their jurisdiction.
Under the criminal code, polygamy carries penalties of up to two years of labor or fines of 17,400 to 26,100 manat ($5,000 to $7,500).
The law prohibits the publication of religious literature inciting “religious, national, ethnic, and/or racial hatred,” although it does not specify which agency makes this determination. SCROEERIR must approve imported religious literature, and only registered religious organizations may import literature. Registered religious organizations may be fined for publishing or disseminating religious material without government approval. The administrative code sets out a detailed schedule of fines, ranging from 200 to 2,000 manat ($57 to $570), for producing, importing, and disseminating unauthorized religious literature and other religious materials.
Religious instruction is not part of the public school curriculum. The law allows registered religious organizations to provide religious education after school to children for up to four hours per week with parental and SCROEERIR approval, although the law does not specify the requirements for obtaining SCROEERIR’s approval. Persons who graduate from institutions of higher religious education, and who obtain approval from SCROEERIR, may provide religious education. According to the law, citizens have a right to obtain religious education, although obtaining religious education in private settings such as residences is prohibited, and those offering religious education in private settings are subject to legal action. The law prohibits unregistered religious groups or unregistered subsidiary congregations of registered religious organizations from providing religious education. The administrative code sets out a detailed schedule of fines, ranging from 100 to 500 manat ($29 to $140), for providing unauthorized religious education to children.
The constitution states two years of military service are compulsory for men older than the age of 18. Although service in noncombat roles is allowed, the government does not offer civilian service alternatives for conscientious objectors. Refusal to perform the compulsory two-year service in the armed forces is punishable by a maximum of two years in prison or two years of “corrective labor.” In addition, the state withholds part of the salaries of prisoners sentenced to corrective labor in an amount designated by the court. Salary deductions range between 5 to 20 percent. The law states no one has the right for religious reasons to refuse duties established by the constitution and the law. Until the age of 27, individuals may be convicted each time they refuse compulsory military service, potentially resulting in multiple convictions in their lifetimes.
The constitution and law prohibit the establishment of political parties on the basis of religion, and the law prohibits the involvement of religious groups in politics.
The law does not address the activities of foreign missionaries and foreign religious organizations. The administrative code, however, bans registered religious organizations from receiving assistance from foreign entities for prohibited activities.
The law requires religious groups to register all foreign assistance with the MOJ and to provide interim and final reports on the use of funds. The administrative code provides a detailed schedule of fines of up to 10,000 manat ($2,900) on both unregistered and registered religious groups for accepting unapproved funds from foreign sources.
The country is a party to the International Covenant on Civil and Political Rights.
The constitution provides for freedom of religion or belief and separation of government and religion. Throughout the year, the government consulted with international legal scholars regarding draft updates to the law on religion, and on August 6, it officially requested a joint opinion from the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe’s Venice Commission. On October 12, the OSCE end Venice Commission issued their joint opinion, stating that while the draft provided some improved protections, it also allowed the government to maintain strict and excessive control over religion and religious freedom. It also stated, “The Draft Law should be substantially revised in order to ensure its full compliance with international human rights standards and OSCE human dimension commitments.” At year’s end, the draft remained under discussion in parliament. The government announced that during the year, it released or reduced the sentences of 243 prisoners detained on religious charges. Some activists and nongovernmental organization (NGO) representatives said the government continued ill treatment of prisoners, including physical abuse, and in some cases sought to extend the prison terms of persons arrested and jailed on suspicion of religious extremism or participating in Islamic activity not sanctioned by the government. The government did not provide the number of individuals in custody at year’s end, but it reported that criminal cases were filed against 38 persons for membership in groups or participation in “banned religious extremist activities.” It also reported it initiated 22 criminal cases regarding the “smuggling of banned religious material.” Of the two bloggers detained by police in 2019, one was given a three-year prison sentence. The other received five years’ probation, but in his work as a religious activist broke the terms of his probation and in late November, received a five-year prison sentence. Media reported the government continued to block access to some websites containing religious content, including a Jehovah’s Witnesses site and the site of the international religious freedom organization Forum 18. The government maintained a list of illegal websites it stated were linked to Islamic extremist activity. In August, the government further streamlined procedures for registering religious organizations, but religious groups said the current law on religion continued to make it difficult for groups to register. The government registered eight churches; according to religious groups, there were 17 known churches that still wished to register. Several religious freedom advocates said the majority of the Christian churches registered during the year had predominantly ethnic Russian or Korean membership rather than ethnic Uzbek membership. Members of religious groups whose registration applications the government denied remained unable to practice their religious beliefs without risking criminal prosecution. According to religious freedom advocates and media, controversy over government policies on beards and the wearing of hijabs continued. In August, a court sentenced five men to up to 11.5 years in prison and three men to restricted movement after the group discussed their religious beliefs. The Ministry of Interior released a public statement saying minors could freely pray at mosques when accompanied by their parents, siblings, and other close relatives
Activists and private individuals continued to report social pressure on individuals, particularly those from a Muslim background, against religious conversion. Some members of non-Islamic religious minorities said social stigma against conversion from Islam resulted in difficulties in carrying out burials, forcing relatives to bury individuals in distant cemeteries or to conduct funerals with Islamic religious rites. Members of religious groups perceived as proselytizing, including evangelical Christians, Pentecostals, Baptists, and Jehovah’s Witnesses, said they continued to face greater societal scrutiny and discrimination.
Throughout the year, the Ambassador and other U.S. embassy officials met with senior government officials to raise concerns about imprisonment and mistreatment of individuals for their religious beliefs, bureaucratic impediments to the registration of religious minority groups, and allowing children to participate in religious activities. Embassy officials urged the government to ensure that changes to the draft law on religion follow the recommendations of international experts as well as take into account public views. In February, the Secretary of State visited the country and met with Christian, Muslim, and Jewish religious leaders to solicit their views on the state of religious freedom. The Ambassador at Large for International Religious Freedom held a series of virtual engagements with senior government officials throughout the year during which he raised the status of the country’s draft religion law and the registration of religious organizations and places of worship as well as the need for the government to allow children to participate in religious activities and to release individuals charged and detained for exercising their faith peacefully. Throughout the year, embassy officials maintained contact with religious groups, human rights activists, and other civil society representatives to discuss the state of religious freedom in the country. Topics included the registration of minority religious groups, religious education for children, and concerns about the wearing of hijabs and beards for Muslims.
On December 2, 2020, in accordance with the International Religious Freedom Act of 1998, as amended, the Secretary of State removed Uzbekistan from the Special Watch List, determining that it no longer engaged in or tolerated “severe violations of religious freedom.” Uzbekistan had previously been designated as a Country of Particular Concern from 2006 to 2017 and was moved to a Special Watch List in 2018 and 2019.
Section II. Status of Government Respect for Religious Freedom
The constitution states that everyone shall have the right to profess or not to profess any religion. According to the constitution, these rights may not encroach on lawful interests, rights, and freedoms of other citizens, the state, or society. The law allows for restricting religious activities when necessary to maintain national security, the social order, or morality. The constitution establishes a secular framework providing for noninterference by the state in the affairs of religious communities, separates the state and religion from each other, and prohibits political parties based on religious principles.
The law on religion details the scope of and limitations on the exercise of the freedom of religion or belief. The law criminalizes unregistered religious activity; requires official approval of the content, production, and distribution and storage of religious publications; and prohibits proselytism and other missionary activities.
Various provisions of the law on countering violent extremism deal with individuals’ security, protection of society and the state, preservation of constitutional order and the territorial integrity of the country, keeping the peace, and multiethnic and multireligious harmony. The law provides a framework of basic concepts, principles, and directions for countering extremism and extremist activities. By law, extremism is defined as the “expression of extreme forms of actions, focused on destabilizing social and political situations, a violent change in the constitutional order in Uzbekistan, a violent seizure of power and usurping its authority, [and] inciting national, ethnic or religious hatred.”
According to regulations, a website or blog may be blocked for calling for the violent overthrow of the constitutional order and territorial integrity of the country; spreading ideas of war, violence, and terrorism, as well as religious extremism, separatism, and fundamentalism; disclosing information that is a state secret or protected by law; or disseminating information that could lead to national, ethnic, or religious enmity or involves pornography or promoting narcotic usage. According to the Ministry of Justice, the government may block websites or blogs without a court order.
Any religious service conducted by an unregistered religious organization is illegal. The criminal code distinguishes between “illegal” groups, which are unregistered groups, and “prohibited” groups viewed as “extremist.” It criminalizes membership in organizations banned as terrorist groups. It is a criminal offense punishable by up to five years in prison or a fine of four to eight million som ($380-$760) to organize or participate in an illegal religious group. The law also specifically prohibits persuading others to join illegal religious groups, with penalties of up to three years in prison. The criminal code provides penalties of up to 20 years in prison for organizing or participating in the activities of religious extremist, fundamentalist, separatist, or other prohibited groups. Charges against alleged members of religious extremist groups may include the stated offenses of attempting to overthrow the constitutional order and terrorism.
By law, all religious groups must register with the Ministry of Justice. The law states a religious group may carry out its activities only after the ministry registers it. The law lists a series of requirements, including having a permanent presence in eight of the country’s 14 administrative units for central registration; presenting a membership list of at least 100 citizens who are 18 or older; and providing a charter with a legal, physical address to the local Ministry of Justice branch.
Religious groups applying to register in a specific locality require the concurrence of the Committee on Religious Affairs (CRA), the local government (khokimiyat), and the neighborhood (mahalla) committee. Groups must submit “letters of guarantee” from the regional branches of the Ministry of Construction, the State Sanitary and Epidemiological Service, and the Department of the State Fire Safety Service under the Ministry of Internal Affairs.
The law requires notarized documents stating the leading founding members have the religious education necessary to preach their faith, the group’s sources of income, and CRA concurrence to register. The law also requires that khokimiyats concur with the registration of groups in their areas and that the group present notification from khokimiyat authorities stating the legal and postal addresses of the organization conform to all legal requirements, including obtaining authorization certificates from the main architectural division, sanitary-epidemiological services, fire services, and the local mahalla committee. After checking the submitted certificates, khokimiyats grant registration permission and send the documents to the CRA for review. By law, the Ministry of Justice may take one to three months to review a registration application and may approve or deny the registration or cease review without issuing a decision.
The law states registered religious groups may expand throughout the country by registering new locations, maintaining buildings compliant with fire and health codes, organizing religious teaching, and possessing religious literature.
The law limits the operations of a registered group to those areas where it is registered. The law grants only registered religious groups the right to establish schools and train clergy. Individual Muslim clergy members receive accreditation from the Muslim Board of Uzbekistan.
The CRA oversees registered religious activity. The Council for Confessions under the CRA includes ex officio representatives from Muslim, Christian, and Jewish groups. It discusses ways of ensuring compliance with the law, the rights and responsibilities of religious organizations and believers, and other issues related to religion.
The government must approve religious activities outside of formal worship as well as religious activities intended for children younger than 16 without parental permission.
The law requires registered religious organizations to inform authorities 30 days in advance of holding religious meetings and other religious ceremonies at the group’s registered address(es). The administrative code requires all registered religious organizations to seek permission from local authorities and then inform the CRA and Ministry of Justice representative 30 days before holding religious meetings, street processions, or other religious ceremonies occurring outside of a group’s registered building(s), including activities involving foreign individuals or worshippers from another region. Unregistered groups are prohibited from organizing any religious activity.
The law punishes private entities for leasing premises or other property to, or facilitating gatherings, meetings, and street demonstrations of, religious groups without state permission. The law also criminalizes the unauthorized facilitation of children’s and youth meetings as well as literary and other study groups related to worship. The administrative penalty for violating these provisions ranges from fines of 9,215,000 to 18,430,000 som ($880 to $1,800) or up to 15 days’ imprisonment.
Under the law, state bodies, including mahalla committees, as well as nonstate and noncommercial public organizations have wide-ranging powers to combat suspected “antisocial activity” in cooperation with police. These powers include preventing the activity of unregistered religious organizations, ensuring compliance of rights of citizens with religious freedom, prohibiting propagation of religious views, and considering other questions related to observance of the law.
The law prohibits all individuals, except clergy and individuals serving in leadership positions of officially recognized religious organizations, from wearing religious attire in public places. The government does not generally enforce this section of law; individuals may appear in public places in religious attire, with the exception of schools at all levels, both public and private.
The law prohibits proselytizing and other missionary activities. The criminal code punishes proselytizing with up to three years in prison and proscribes efforts to draw minors into religious organizations without parental permission.
The law requires religious groups to obtain a license to publish or distribute religious materials. The law requires official approval of the content, production, and distribution and storage of religious publications. Such materials include books, magazines, newspapers, brochures, leaflets, audiovisual items including CDs and DVDs, and materials posted to the internet describing the origins, history, ideology, teachings, commentaries, and rituals of various religions of the world.
The administrative code punishes the “illegal production, storage, import, or distribution of materials of religious content” with a fine of 20 to 100 times the minimum monthly wage (4,460,000 to 22,300,000 som, $430 to $2,100) for individuals. The fine for government officials committing the same offense is 50 to 150 times the minimum monthly wage (11,150,000 to 33,450,000 som, $1,100 to $3,200). The administrative code permits the confiscation of the materials and the “corresponding means of producing and distributing them.” Courts issue fines under the administrative code. In instances where an individual is unable to pay the fine, courts will issue an order garnishing wages. The criminal code imposes a fine of 100 to 200 times the minimum monthly wage (22,300,000 to 44,600,000 som, $2,100 to $4,300) or “corrective labor” of up to three years for individuals who commit these acts subsequent to a judgment rendered under the administrative code. In practice, punishments under the criminal code for violations involving religious literature are rarely applied.
The state forbids banned “extremist religious groups” from distributing any type of publication. Individuals who distribute leaflets or literature deemed extremist via social networks are subject to criminal prosecution and face prison terms ranging from five to 20 years. According to the law, individuals in possession of literature by authors the government deems to be extremist or of any literature illegally imported or produced, are subject to arrest and prosecution.
The law provides for a commission, entitled The Special Commission for Preparation of Materials on Clemency, to review the prison profiles of convicts sentenced on charges of religious extremism. Another commission, The Commission on Clemency, reviews the petitions of persons who “mistakenly became members of banned organizations.” This commission may exonerate citizens from all criminal liability. Citizens are exempted from criminal liability if they have not undergone military training, participated in terrorism financing, or distributed information promoting terrorism.
The law prohibits private teaching of religion. It limits religious instruction to officially sanctioned religious schools and state-approved instructors. Children may not receive religious education in public schools except for some classes providing basic information on world religions or “lessons of enlightenment” (the study of national culture) in the curriculum.
Religious education establishments acquire the right to operate after registering with the Ministry of Justice and receiving the appropriate license. Individuals teaching religious subjects at religious educational establishments must have a religious education recognized by the state and authorization to teach. These provisions make it illegal for laypersons to teach others any form of religion or for government-approved religious instructors to teach others outside the confines of an approved educational institution.
The law permits only religious groups with a registered central administrative body to train religious personnel and conduct religious instruction. Ten madrassahs, including one for women, and a Russian Orthodox and a Protestant seminary have official approval to train religious personnel and provide secondary education. The Cabinet of Ministers considers madrassah-granted diplomas equivalent to other diplomas, enabling madrassah graduates to continue to university-level education.
The law requires imams to have graduated from a recognized religious education facility and registered for a license with the government. The Muslim Board of Uzbekistan assigns a graduate to a particular mosque as a deputy imam before he may subsequently become an imam. According to government officials, clerics from various religious groups who obtained their qualifications abroad may officiate within licensed premises.
The country is a party to the International Covenant on Civil and Political Rights.
The constitution states that all individuals have the right to freedom of belief and religion. The law provides for significant government control over religious practices and includes vague provisions that permit restrictions on religious freedom in the stated interest of national security and social unity. The Law on Belief and Religion (LBR) maintains a multistage registration and recognition process for religious groups, without which groups’ activities are strictly limited. Some religious leaders, particularly those representing groups that either did not request or receive official recognition or certificates of registration reported various forms of government harassment – including physical assaults, arrests, prosecutions, monitoring, travel restrictions, and property seizure – and denials or no response to requests for registration and other permissions. Authorities did not recognize any new religious organizations during the year. Religious leaders across the country reported some improving conditions compared with prior years, such as better relations between unregistered religious groups and local authorities, while also reporting incidents of harassment, including police questioning and brief periods of detention. Members of recognized groups or those with certificates of registration said they were generally more able to practice their beliefs with less government interference, although some recognized groups, including the Evangelical Church of Vietnam (North) (ECVN), reported harassment in gathering in certain provinces, including Quang Binh, Bac Giang, Bac Ninh, and Ha Giang. While the United Presbyterian Church reported harassment in some provinces, the Vietnam Baptist Convention (VBC) stated it worked with the Government Committee for Religious Affairs (GCRA) to register more than 20 local congregations and places of worship (known locally as “meeting points”) in a number of northern provinces. Members of some religious groups continued to report that some local and provincial authorities used noncompliance with the required registration procedures to slow, delegitimize, and suppress religious activities of groups that resisted close government management of their leadership, training programs, assemblies, and other activities.
There were reports of conflicts, at times violent, between members of unregistered and registered or recognized religious groups or between believers and nonbelievers. Religious activists blamed authorities for manipulating recognized religious groups and accused their agents or proxies of causing conflicts to suppress the activities of unregistered groups. On September 11 and 13, for example, members of the recognized Cao Dai Sect (Cao Dai 1997) disrupted the rite of unregistered Cao Dai members (Cao Dai 1926) at a private residence in Ben Cau District, Tay Ninh Province.
The U.S. Ambassador and other senior embassy and consulate general officials regularly urged authorities to allow all religious groups to operate freely. They sought reduced levels of government intervention in the affairs of the recognized and registered religious groups and urged an end to restrictions on and harassment of groups without recognition or registration. The Ambassador, Consul General in Ho Chi Minh City, and other senior U.S. government and embassy officers advocated religious freedom in visits across the country, including to the Northern and Northwest Highlands, the Central Highlands, the North Central region, and Central Coast. Embassy and consulate general officials raised specific cases of abuses as well as government harassment against Catholics, Protestant groups, the United Buddhist Church of Vietnam (UBCV), independent Hoa Hao groups, and ethnic minority house churches with the GCRA, the Ministry of Foreign Affairs, and provincial and local authorities. U.S. government officials called for the increased registration of church congregations around the country and for improvement in registration policies by making them more uniform and transparent. U.S. government officials urged the government to peacefully resolve outstanding land rights disputes with religious groups.
Section II. Status of Government Respect for Religious Freedom
The constitution states that all individuals have the right to freedom of belief and religion, including the freedom to follow no religion. The constitution acknowledges the right to freedom of religion or belief of those whose rights are limited, including inmates or any foreigners and stateless persons. It states all religions are equal before the law, and the state must respect and protect freedom of belief and religion. The constitution prohibits citizens from violating the freedom of belief and religion or taking advantage of a belief or religion to violate the law.
The LBR and implementing Decree 162 serve as the primary documents governing religious groups and their activities. At year’s end, the government did not promulgate a decree prescribing penalties for noncompliance with the 2018 law. The GCRA has stated, however, that the decree prescribing penalties is not vital, as at least 11 other laws and decrees mandate civil compliance with national law. The LBR reiterates citizens’ rights to freedom of belief and religion and states that individuals may not use the right of belief and religious freedom to undermine peace, national independence, and unification; incite violence or propagate wars; proselytize in contravention of the state’s laws and policies; divide people, nationalities, or religions; cause public disorder; infringe upon the life, health, dignity, honor or property of others; impede the exercise of civic rights and performance of civic obligations; or conduct “superstitious activities” or otherwise violate the law.
The government recognizes 38 religious organizations that affiliate with 16 distinct religious “traditions,” as defined by the government: Buddhism, Islam, the Baha’i Faith, Catholicism, Protestantism, Church of Jesus Christ, Hoa Hao Buddhism, Cao Dai, Buu Son Ky Huong, Tinh Do Cu Si Phat Hoi, Tu An Hieu Nghia, Phat Duong Nam Tong Minh Su Dao, Minh Ly Dao Tam Tong Mieu, Cham Brahmanism, Hieu Nghia Ta Lon Buddhism, and the Seventh-day Adventist Church. Distinct denominations within these religious traditions must seek their own registration and/or recognition. Four additional groups – the Assemblies of God, Ta Lon Dutiful and Loyal Buddhism, Vietnam Full Gospel Church, and Vietnam United Gospel Outreach Church – have “registrations for religious operation” but are not recognized as official organizations.
The law specifies that recognized religious organizations and their affiliates are noncommercial legal entities. The law also stipulates that religious organizations are allowed to conduct educational, health, social protection, charitable, and humanitarian activities in accordance with relevant laws. The government does not allow unauthorized organizations to raise funds or distribute aid without seeking approval and registration from authorities.
The GCRA, one of 18 “ministerial units” under the Ministry of Home Affairs (MHA), is responsible for implementing religious laws and decrees; it maintains offices at the central, provincial, and, in some areas, district levels. The law lays out specific responsibilities for central-, provincial-, and local-level GCRA offices and delegates certain religion-related management tasks to provincial- and local-level people’s committees (i.e., local leaders). The central-level GCRA is charged with disseminating information to authorities and assuring uniform compliance with the legal framework on religion at the provincial, district, commune, and village levels.
By law, forcing others to follow or renounce a religion or belief is prohibited.
Military conscription is universal and mandatory for males between 18 and 25 years of age, although there are exceptions. None of the exceptions is related to religious belief.
The law requires believers to register religious activities with communal authorities where the “lawful premises for the religious practice is based” and prescribes two stages of institutionalization for religious organizations seeking to gather at a specified location to “practice worship rituals, pray, or express their religious faith.” The first stage is “registration for religious operation” with the provincial- or national-level GCRA, depending on the geographic extent of the group’s activities. Registration for religious operation allows a group to organize religious ceremonies and religious practice; preach and conduct religious classes at approved locations; elect, appoint, or designate officials; repair or renovate the headquarters; engage in charitable or humanitarian activities; and organize congresses to approve its charter. To obtain registration, the group must submit a detailed application with information about its doctrine, history, bylaws, leaders, and members as well as proof it has a legal meeting location. The relevant provincial GCRA office or the MHA – depending on whether the group in question is operating in one or more provinces – is responsible for approving a valid application for registration within 60 days of receipt. The relevant provincial GCRA office or the MHA is required to provide any rejection in writing.
The second stage of institutionalization is recognition. A religious group may apply for recognition after it has operated continuously for at least five years following the date it received approval of its “registration for religious operation.” A religious group is required to have a legal charter and bylaws, leaders in good standing without criminal records, and to have managed assets and conducted transactions autonomously. To obtain recognition, a group must submit a detailed application to the provincial- or national-level GCRA, depending on the geographic extent of the organization. The application must include a written request specifying the group’s structure, membership, geographical scope of operation and headquarters location; a summary of its history, dogmas, canon laws, and rites; a list and the resumes, judicial records, and summaries of the religious activities of the organization’s representative and tentative leaders; the group’s charter; a declaration of the organization’s lawful assets; and proof of lawful premises to serve as a headquarters. The relevant provincial people’s committee or the MHA is responsible for approving a valid application for recognition within 60 days of receipt. The relevant provincial people’s committee or MHA is required to provide any rejection in writing. Recognition allows the religious group to conduct religious activities in accordance with the organization’s charter; organize religious practice; publish religious texts, books, and other publications; produce, export, and import religious cultural products and religious articles; renovate, upgrade, or construct new religious establishments; and receive lawful donations from domestic and foreign sources, among other rights.
The law states religious organizations and their affiliates, clergy, and believers may file complaints or civil and administrative lawsuits against government officials or agencies under the relevant laws and decrees. The law also states organizations and individuals have the right to bring civil lawsuits in court regarding the actions of religious groups or believers. There were no analogous provisions in previous laws.
Under the law, a religious organization is defined as “a religious group that has received legal recognition” by authorities. The law provides a separate process for unregistered, unrecognized religious groups to receive permission for specific religious activities by applying to the commune-level people’s committee. Regulations require the people’s committee to respond in writing to an application within 20 working days of receipt. The law specifies that a wide variety of religious activities require advance approval or registration from authorities at the central and/or local levels. These activities include “belief activities” (defined as traditional communal practices of ancestor, hero, or folk worship); “belief festivals” held for the first time; the establishment, division, or merger of religious affiliates; the ordination, appointment, or assignment of religious administrators (or clergy with administrative authority); establishment of a religious training facility; conducting religious training classes; holding major religious congresses; organizing religious events, preaching or evangelizing outside of approved locations; traveling abroad to conduct religious activities or training; and joining a foreign religious organization.
Certain religious activities do not need advance approval but instead require notification to the appropriate authorities. Activities requiring notification include recurring or periodic “belief festivals;” dismissal of clergy; conducting fundraising activities; reporting enrollment figures at a seminary or religious school; the repair or renovation of religious facilities not considered cultural-historical relics; ordination, appointment, or assignment of religious clergy (such as monks); transfers or dismissals of religious administrators (or clergy with administrative authority); conducting operations at an approved religious training facility; routine religious activities (defined as “religious preaching, practicing religious tenets and rites, and management of a religious organization”); and internal conferences of a religious organization.
The law provides prisoners access to religious counsel as well as religious materials, with conditions, while in detention. It reserves authority for the government to restrict the “assurance” of that right. Decree 162 states detainees may use religious documents that are legally published and circulated, in line with legal provisions on custody, detention, prison, and other types of confinement. Prisoner access to religious counsel and materials must not, however, affect the rights of others to freedom of religion and belief or nonbelief or contravene other relevant laws. The decree states the Ministries of Public Security, Defense, and Labor, Invalids and Social Affairs shall be responsible for providing guidelines on the management of religious documents and the time and venue for the use of these documents.
The law specifies that religious organizations must follow numerous other laws for certain activities. Religious organizations are allowed to conduct educational, health, charitable, and humanitarian activities in accordance with the law, but the law does not provide clarification as to which activities are permitted. In addition, construction or renovation of religious facilities must occur in accordance with laws and regulations on construction, and foreigners participating in religious activities must abide by immigration laws.
Publishing, producing, exporting, or importing religious texts must occur in accordance with laws and regulations related to publishing. Legislation requires all publishers be licensed public entities or state-owned enterprises. Publishers must receive prior government approval to publish all documents, including religious texts. By decree, only the Religious Publishing House may publish religious books. Any bookstore may sell legally published religious texts and other religious materials.
The constitution states the government owns and manages all land on behalf of the people. According to the law, land use by religious organizations must conform to the land law and its related decrees. The land law recognizes that licensed religious institutions and schools may acquire land-use rights and be allocated or leased land. The law specifies religious institutions are eligible for state compensation if their land is seized under eminent domain. The law allows provincial-level people’s committees to seize land via eminent domain to facilitate the construction of religious facilities.
Under the law, provincial-level people’s committees may grant land use certificates for a “long and stable term” to religious institutions if they have permission to operate, the land is dispute-free, and the land was not acquired via transfer or donation after July 1, 2004. Religious institutions are not permitted to exchange, transfer, lease, donate, or mortgage their land-use rights. In land disputes involving a religious institution, the chairperson of the provincial-level people’s committee has authority to settle disputes. Parties may dispute the chairperson’s decision by appealing to the Ministry of Natural Resources and Environment or filing a lawsuit in court.
In practice, if a religious organization has not obtained recognition, members of the congregation may acquire a land-use title individually.
The renovation or upgrade of facilities owned by religious groups requires notification to authorities, although it does not necessarily require a permit, depending on the extent of the renovation.
The government does not permit religious instruction in public and private schools. This prohibition extends to private schools run by religious organizations.
There are separate provisions of the law that permit foreigners legally residing in the country to request permission to conduct religious activities, teach, attend local religious training, or preach in local religious institutions. The law requires religious organizations or citizens to receive government permission in advance of hosting or conducting any religious activities involving foreign organizations, foreign individuals, or travel abroad. Regulations also contain requirements for foreigners conducting religious activities within the country, including those involved in religious training, ordination, and leadership, to seek permission for their activities.
The country is a party to the International Covenant on Civil and Political Rights.
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China | Tibet | Hong Kong | Macau
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.” The U.S. government estimated that since April 2017, the government has detained more than one million Uyghurs, ethnic Kazakhs, Hui, and members of other Muslim groups, as well as some Christians, in specially built internment camps or converted detention facilities in the Xinjiang Uyghur Autonomous Region (XUAR) under the national counterterrorism law and the regional counter-extremism policy. Some nongovernmental organizations (NGOs) and academics estimated the number of individuals detained in internment camps or other facilities was higher. Authorities subjected individuals to forced disappearance, political indoctrination, torture, physical and psychological abuse, including forced sterilization and sexual abuse, forced labor, and prolonged detention without trial because of their religion and ethnicity. There were reports that authorities moved tens of thousands of individuals from their home areas to work elsewhere in the region and the country. One researcher stated that, based on a survey of Chinese academic research and government figures, up to 1.6 million transferred laborers were at risk of being subjected to forced labor. The government continued to cite what it called the “three evils” of “ethnic separatism, religious extremism, and violent terrorism” as its justification for enacting and enforcing restrictions on religious practices of Muslims and non-Muslim religious minorities. During a speech in September, PRC President and CCP General Secretary Xi Jinping said the government’s actions to Sinicize Islam were “totally correct and must carry on for a long time.” In February, new analysis of 311 entries in the “Karakax List,” a set of PRC government documents originally leaked in 2019 that described the systematic targeting and imprisonment of Muslim populations in Karakax (alternate Uyghur spelling: Qaraqash, Mandarin spelling: Moyu) County, Hotan (Hetian) Prefecture, showed that the government recorded the personal details of individuals living in the region and listed reasons for detaining them, including violating the government’s family planning policies. The whereabouts of hundreds of prominent Uyghur intellectuals, religious scholars, cultural figures, doctors, journalists, artists, academics, and other professionals, in addition to many other citizens who were arrested or detained, remained unknown. There were reports of individuals dying as a result of injuries sustained during interrogations, medical neglect, and torture. One Uyghur advocacy and aid organization reported that since 2018, authorities have detained at least 518 Uyghur religious figures and imams. PRC government documents, eyewitness accounts, and victims’ statements indicated the government sharply increased the use of forced sterilization and forced birth control to reduce the birthrate among Muslims. Authorities implemented a variety of different methods, including home inspections, to ensure families were not observing religious practices such as praying, and it forced people to consume food and drink during Ramadan. According to government sources and eyewitness accounts, the government encouraged – and in some cases required – neighbors to spy on each other. Other surveillance included behavioral profiling and forcing Uyghurs to accept government officials and CCP members living in their homes. Government documents revealed extensive use of surveillance cameras and security checkpoints in public spaces. In September, the Australian Strategic Policy Institute (ASPI) published a report based on satellite imagery and other sources that estimated that approximately 16,000 mosques in the region (65 percent of the total) had been destroyed, damaged, or desecrated, and a further 30 percent of important Islamic sacred sites had been demolished. Research conducted during the year estimated that by 2019, nearly 900,000 children, including some preschool-aged children, were separated from their families and were living in boarding schools or orphanages, where they studied ethnic Han culture, Mandarin, and CCP ideology. The government sought to forcibly repatriate Uyghur and other Muslim citizens from overseas and detained some of those who returned. The government harassed and threatened Uyghurs living abroad and threatened to retaliate against their families in Xinjiang if they did not spy on the expatriate community, return to Xinjiang, or stop speaking out about relatives in Xinjiang who had been detained or whose whereabouts were unknown.
Unequal treatment of Uyghur Muslims and Han Chinese continued in parallel with the authorities’ suppression of Uyghur language, culture, and religious practices while promoting the Han majority in political, economic, and cultural life. Muslims reported severe societal discrimination in employment and business opportunities. There were reports that some Han Chinese living in Xinjiang described Uyghurs in derogatory terms.
U.S. embassy officials met with national government officials regarding the treatment of Uyghur Muslims and other Muslim and non-Muslim minority groups in Xinjiang. The embassy and consulates general delivered direct messaging about religious freedom in Xinjiang through social media posts and promoted online engagement on the issue of religious freedom for Xinjiang’s ethnic minority Muslim populations. On June 17, President Trump 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 individuals responsible for the detention and other human rights abuses of Uyghurs and other Muslim minorities in Xinjiang. The act also directed U.S. agencies to take steps to hold accountable PRC officials, or individuals acting on their behalf, who harassed, threatened, or intimidated Uyghurs within the United States. During the year, the Department of Commerce placed one PRC government entity and 19 commercial industries on the “Entity List” for being implicated in human rights violations and abuses committed in China’s repression, mass arbitrary detention, forced labor and high-technology surveillance in Xinjiang, making them subject to specific license requirements for export, re-export, and/or transfer in-country of specific items. On July 1, the Departments of State, the Treasury, Commerce, and Homeland Security issued the Xinjiang Supply Chain Business Advisory to caution businesses about the economic, legal, and reputational risks of supply chain links to entities that engage in human rights abuses, including forced labor in Xinjiang and elsewhere in China. On July 9, the Secretary of State imposed visa sanctions on three senior CCP officials and their families for their involvement in gross violation of human rights in Xinjiang. The Secretary also placed additional visa restrictions on other CCP officials believed to be responsible for, or complicit in, the detention or abuse of Uyghurs, ethnic Kazakhs, and members of other minority groups in Xinjiang. Also on July 9, the Department of the Treasury imposed sanctions under the Global Magnitsky Human Rights Accountability Act on one government entity and four current or former government officials in connection with serious rights abuses against ethnic minorities in Xinjiang. On July 31, the Department of the Treasury imposed additional sanctions on the Xinjiang Production and Construction Corps (XPCC) and its current and former senior officials for serious human rights abuses in Xinjiang. On May 1, June 17, and September 14, the U.S. Customs and Border Protection (CBP) agency prohibited imports of specified merchandise produced by eight companies that operated in Xinjiang based on information that reasonably indicated the use of prison labor and forced labor of Uyghurs and other minority groups being held in internment camps. On December 2, CBP announced it would detain all shipments of cotton and cotton products originating from the XPCC because of forced labor concerns. 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.
Section II. Status of Government Respect for Religious Freedom
The constitution, which cites the leadership of the CCP and the guidance of Marxism-Leninism and Mao Zedong and Xi Jinping Thought, states that citizens “enjoy freedom of religious belief” but limits protections for religious practice to “normal religious activities,” without defining “normal.” The constitution also stipulates the right of citizens to believe in or not believe in any religion. The government recognizes five official religions – Buddhism, Taoism, Islam, Protestantism, and Catholicism. Only religious groups belonging to one of five state-sanctioned “patriotic religious associations” (the Buddhist Association of China, the Chinese Taoist Association, the Islamic Association of China, the Three-Self Patriotic Movement, and the Chinese Catholic Patriotic Association) representing these religions are permitted to register with the government and legally hold worship services or other religious ceremonies and activities.
In addition to the national counterterrorism law, Xinjiang has its own counterterrorism law and de-extremification laws that went into effect in 2016 and 2017, respectively, containing similar provisions to the national law regarding “religious extremism.” These laws ban the wearing of long beards, full-face coverings, religious dress, expanding halal practice beyond food, daily prayer, and “interfering” with family planning, weddings, funerals, or inheritance, among other provisions. The law limits the information that may be released to the public following an incident the government defines as a terror attack.
Regional regulations passed in 2018 to implement the national counterterrorism law permit the establishment of “vocational skill education training centers” (which the government also calls “education centers” and “education and transformation establishments”) to “carry out anti-extremist ideological education.” The regulations stipulate that “institutions such as vocational skill education training centers should carry out training sessions on the common national language, laws and regulations, and vocational skills, and carry out anti-extremist ideological education, and psychological and behavioral correction to promote thought transformation of trainees and help them return to the society and family.”
Regulations in Xinjiang’s capital, Urumqi, prohibit veils that cover the face, homeschooling children, and “abnormal beards.” A separate regulation bans the practice of religion in government buildings and the wearing of clothes associated with “religious extremism.” Neither “abnormal” nor “religious extremism” are defined in law. Similar regulations are in effect in other parts of Xinjiang.
Authorities in the XUAR have defined 26 religious activities, including some practices of Islam, Christianity, and Tibetan Buddhism, as illegal without government authorization. Regional regulations stipulate no classes, scripture study groups, or religious studies courses may be offered by any group or institution without prior government approval. No religious group is permitted to carry out any religious activities, including preaching, missionary work, proselytizing, and ordaining clergy, without government approval. Regional regulations also ban editing, translation, publication, printing, reproduction, production, distribution, sale, and dissemination of religious publications and audiovisual products without authorization.
Xinjiang officials require minors to complete nine years of compulsory education before they may receive religious education outside of school. Xinjiang regulations also forbid minors from participating in religious activities and impose penalties on organizations and individuals who “organize, entice, or force” minors to participate in religious activities. A regulation in effect since 2016 further bans any form of religious activity in Xinjiang schools and stipulates parents or guardians who “organize, lure, or force minors into religious activities” may be stopped by anyone and reported to police. Xinjiang’s regional version of the Prevention of Juvenile Delinquency Law states children affected by ethnic separatism, extremism and terrorism, and/or committing offenses that seriously endanger society but do not warrant a criminal punishment may be sent to “specialized schools for correction” at the request of their parents, guardians, or school.