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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Actions of Foreign Forces and Nonstate Actors

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

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

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

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

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

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

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

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

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

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

There were again reports of Taliban warnings to mullahs not to perform funeral prayers for government security officials. As a result, according to MOHRA officials, imams continued to state they feared performing funeral rites for members of the ANDSF and other government employees. According to media, the Afghanistan Independent Human Rights Commission reported that on June 19, the Taliban tortured and killed the imam of a mosque in Baghlan Province for performing the funeral rites of a local police commander.

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

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

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

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

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

By law, the Office of the Commissioner for Protection from Discrimination receives and processes discrimination complaints, including those concerning religious practice. The law specifies that the State Committee on Religion, under the authority of the Office of the Prime Minister, regulates relations between the government and religious groups, protects freedom of religion, and promotes interfaith cooperation and understanding.

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

Religious communities must take claims for restitution of and compensation for property confiscated by the communist government to court, as must all other claimants.

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

Public schools are secular, and the law prohibits instruction in the tenets of a specific religion. The law allows the teaching of the history of religion or comparative religions as part of a humanities curriculum. Private schools may offer religious instruction. Religious communities manage 113 educational institutions, including universities, primary and secondary schools, preschools, kindergartens, vocational schools, and orphanages. By law, the Ministry of Education, Youth, and Sport must license these institutions, and nonreligious curricula must comply with national education standards. Catholic, Muslim, Orthodox, and VUSH communities operated numerous state-licensed kindergartens, schools, and universities. Most of these do not have mandatory religion classes but offer them as an elective. The AMC runs four madrassahs that teach religion in addition to the state-sponsored curriculum.

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

The government continued the process of legalizing unofficial mosques, Catholic and Orthodox churches, and tekkes (Bektashi centers of worship) built after the fall of communism in the early 1990s. The newly established State Agency of the Cadaster – the official register showing quantity, value, and ownership of real estate – reported that during the year, it legalized 92 religious buildings, including 22 Catholic churches and other buildings of the Catholic church, 58 mosques and other buildings of the Muslim community, four Orthodox churches, and seven tekkes. Thirty-two other buildings remained under review. There were some discrepancies between the figures reported by the Cadaster and those of the religious communities. The AMC reported it obtained legalization papers for 27 mosques out of 353 applications remaining. The Orthodox Church reported the Cadaster legalized four of 15 buildings during the year for which the Church had petitioned. The AMC reported it received 1.26 million leks ($12,600) in compensation for unlawful buildings constructed on its property.

Religious communities expressed concern over the Cadaster, stating the bureaucratic process for legalizing property produced delays, including numerous requests for documents and statements from the Cadaster that it could not locate files.

The AMC again expressed concern that the Cadaster gave it title only to buildings and not to the land on which they were built.

In 2019, the Agency for the Treatment of Property, which adjudicated claims for restitution for property confiscated by the communist government, ceded jurisdiction on outstanding cases to the court system, as required by law. At that time, 401 cases related to religious communities were pending. The shift in jurisdiction required petitioners, including religious communities, to pursue their claims in court. The AMC, the Bektashi community, and the Orthodox Church continued to express concerns about court proceedings, which required them to begin their claims again in a new forum.

According to numerous civil society and other sources, corruption, lack of knowledge of competencies and jurisdiction over property cases, and large caseloads in the court system hampered religious communities’ ability to advance claims to their property. Thousands of cases were with the Supreme Court, which was replenishing its quorum with judges who passed a comprehensive vetting process; lacking a quorum, the Supreme Court was unable to decide cases. The Orthodox Church reported it had outstanding claims on 890 properties. The AMC reported that since 2016, it had submitted approximately 500 applications dealing with approximately 23,000 hectares (57,000 acres) of property and was pursuing 15 legal cases. The AMC reported there were four judgments in its favor providing compensation that had not yet been paid. The Catholic Church reported four cases, two of which had not yet had a first hearing.

The AMC reported the Municipality of Tirana rejected a permit to build a main campus building for Beder University, for which it had applied in early 2018 to save funds spent on renting the university’s current facilities. The municipality concluded the construction would block the view of oncoming traffic.

The Bektashi community stated the State Advocate, which represents the government in court, unfairly challenged title to property in Ksamil. The claim for the Ksamil property has been in the court system since 2015.

VUSH reported it asked the government in March 2017 for land to build a main church similar to the main cathedrals and mosques of other faith communities, but the government had not responded by year’s end.

VUSH reported it continued to have problems registering the property of one of its churches with the local registration office in Korca. VUSH also stated the Tirana municipal government unlawfully issued a permit for construction of residential and commercial buildings on VUSH land but did not issue permission to VUSH to build on its own land. VUSH also reported one of its churches in Tirana that was damaged by the 2019 earthquake would be demolished. The local government informed the church it would not be able to occupy space in the new building because the government could not subsidize churches.

Leaders of the five main religious groups continued to express concern over a pilot project curriculum for teaching religion as part of the humanities curriculum for sixth and 10th grade students, which was introduced in 2016 but put on hold. The groups stated they did not participate in the drafting and were never informed about the results of the piloting stage or post-pilot plans for the project. State authorities explained that religious communities would be able to provide input before the project resumes.

The State Committee on Religion and the AMC expressed concern the government continued not to recognize diplomas in theology and religious studies received from foreign institutions.

The Catholic, Sunni Muslim, Orthodox, and Bektashi communities reported their total government financial support was 109 million leks ($1.09 million), a sum that has not changed since 2015. The Sunni Muslim community received approximately 32 million leks ($319,000), while the remaining three communities each continued to receive approximately 26 million leks ($259,000). The communities continued to use the funds to cover part of the salaries for administrative and educational staff. The Bektashi community used part of the funds to pay part of the wages of its staff. It used the rest to build the Grand Tekke of Elbasan and for raising awareness of the Bektashi community overseas.

VUSH reported it had not obtained a formal written agreement with the government on receiving financial support, although in 2018, the State Committee on Religion had provided a written commitment to advocate for extending financial support to VUSH.

Religious communities faced financial problems during the year due to COVID-19 containment measures, which they urged members of their communities to follow. They reported the government did not respond to individual or collective requests through the Interreligious Council regarding additional financial support during the lockdown, which lasted from March 11 to June 11.

The Council of Ministers did not finish adopting regulations to implement a 2017 law providing additional protection for minority rights, including freedom of religion. The Orthodox Church raised its concerns over the missing regulations, particularly in the south of the country, home to many members of the Orthodox faith.

A State Committee on Religion census of religious organizations conducted in 2017 and updated continuously thereafter counted 195 organizations, 174 of which were evangelical organizations. The AMC has one organization, the Orthodox Church has four, and the Catholic Church has 16. The government postponed the 2020 population census to 2021 due to the COVID-19 pandemic. Religious communities said the government consulted them in the initial phase of drafting census legislation but not during the final stages of refining the law. They expressed concern that this would reduce their groups’ reported numerical strength within the country, with a corresponding reduction in representation and government support.

As the Chairperson-in-Office of the Organization for Security and Cooperation in Europe (OSCE) in 2020, Prime Minister Edi Rama hosted a conference on combating anti-Semitism on February 4-5 in Tirana. On October 28, parliament held an online forum on combating anti-Semitism. Prior to the forum, parliament unanimously adopted the International Holocaust Remembrance Alliance’s definition of anti-Semitism.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

According to the constitution, “The state religion of the Republic is Islam, but the State shall ensure equal status and equal rights in the practice of the Hindu, Buddhist, Christian, and other religions.” The constitution also stipulates the state should not grant political status in favor of any religion. It provides for the right to profess, practice, or propagate all religions “subject to law, public order, and morality,” and states religious communities or denominations have the right to establish, maintain, and manage their religious institutions. The constitution states no one attending any educational institution shall be required to receive instruction in, or participate in ceremonies or worship pertaining to, a religion to which he or she does not belong.

Under the penal code, statements or acts made with a “deliberate and malicious” intent to insult religious sentiments are subject to fines or up to two years in prison. Although the code does not further define this prohibited intent, the courts have interpreted it to include insulting the Prophet Muhammad. The criminal code allows the government to confiscate all copies of any newspaper, magazine, or other publication containing language that “creates enmity and hatred among the citizens or denigrates religious beliefs.” The law applies similar restrictions to online publications. While there is no specific blasphemy law, authorities use the penal code, as well as a section of the Information and Communication Technology Act and the Digital Security Act, to charge individuals for acts perceived to be a slight against Islam. The Information and Communication Act criminalizes several forms of online expression, including “obscene material,” “expression(s) likely to cause deterioration of law and order,” and “statements hurting religious sentiments.” The Digital Security Act likewise criminalizes publication or broadcast of “any information that hurts religious values or sentiments,” by denying bail and increasing penalties of up to 10 years in prison.

The constitution prohibits freedom of association if an association is formed for the purpose of “destroying religious harmony”, the peaceful coexistence of religious communities, or creating discrimination on religious grounds.

Individual houses of worship are not required to register with the government. Religious groups seeking to form associations with multiple houses of worship, however, must register as NGOs with either the NGO Affairs Bureau (NGOAB) if they receive foreign assistance for development projects or with the Ministry of Social Welfare if they do not. The law requires the NGOAB to approve and monitor all foreign-funded projects. The NGOAB Director General has the authority to impose sanctions on NGOs for violating the law, including fines of up to three times the amount of the foreign donation, or closure of the NGO. NGOs are also subject to penalties for “derogatory” comments about the constitution or constitutional institutions (i.e., the government). Expatriate staff must receive a security clearance from the National Security Intelligence, Special Branch of Police, and Directorate General of Forces Intelligence, although the standards for this clearance are not transparent.

Registration requirements and procedures for religious groups are the same as for secular associations. Registration requirements with the Ministry of Social Welfare include certifying the name being registered is not taken, and providing the bylaws/constitution of the organization; a security clearance for leaders of the organization from the National Security Intelligence; minutes of the meeting appointing the executive committee; a list of all executive committee and general members and photographs of principal officers; work plan; copy of the deed or lease of the organization’s office and a list of property owned; a budget; and a recommendation by a local government representative.

Requirements to register with the NGOAB are similar.

Family law concerning marriage, divorce, and adoption contains separate provisions for Muslims, Hindus, and Christians. These laws are enforced in the same secular courts. A separate civil family law applies to mixed-faith families or those of other faiths or no faith. The family law of the religion of the two parties concerned governs their marriage rituals and proceedings. A Muslim man may have as many as four wives, although he must obtain the written consent of his existing wife or wives before marrying again. A Christian man may marry only one woman.

Hindu men may have multiple wives. Officially, Hindus have no options for divorce, although informal divorces do occur. Hindu women may inherit property under the law. Buddhists are subject to the same laws as Hindus. Divorced Hindus and Buddhists may not legally remarry. Divorced men and women of other religions and widowed individuals of any religion may remarry. Marriage between members of different religious groups occurs under civil law. To be legally recognized, Muslim marriages must be registered with the state by either the couple or the cleric performing the marriage; however, some marriages are not. Registration of marriages for Hindus and Christians is optional, and other faiths may determine their own guidelines.

Under the Muslim family ordinance, a Muslim man may marry women of any Abrahamic faith; however, a Muslim woman may not marry a non-Muslim. Under the ordinance, a widow receives one-eighth of her husband’s estate if she is his only wife, and the remainder is divided among the children; each female child receives half the share of each male child. Wives have fewer divorce rights than husbands. Civil courts must approve divorces. The law requires a Muslim man to pay a former wife three months of alimony, but these protections generally apply only to registered marriages; unregistered marriages are by definition undocumented and difficult to substantiate. Authorities do not always enforce the alimony requirement even in cases involving registered marriages.

Alternative dispute resolution is available to all citizens, including Muslims, for settling out of court family arguments and other civil matters not related to land ownership. With the consent of both parties, lawyers may be identified to facilitate the arbitration, the results of which may be used in court.

Fatwas may be issued only by Muslim religious scholars, and not by local religious leaders, to settle matters of religious practice. Fatwas may neither be invoked to justify meting out punishment, nor may they supersede existing secular law.

Religious studies are compulsory and are part of the curriculum for grades three through 10 in all public government-accredited schools. Private schools do not have this requirement. Muslim, Hindu, Buddhist, and Christian students receive instruction in their own religious beliefs, although the teachers are not always adherents of the students’ faith.

The code regulating prisons allows for observance of religious commemorations by prisoners, including access to extra food on feast days or permission to fast for religious reasons. The law does not guarantee prisoners regular access to clergy or regular religious services, but prison authorities may arrange special religious programs for them. Prison authorities are required to provide prisoners facing the death penalty access to a religious figure from a faith of their choice before execution.

The Restoration of Vested Property Act allows the government to return property confiscated from individuals, mostly Hindus, whom it formerly declared enemies of the state. In the past, authorities used the act to seize property abandoned by minority religious groups, especially Hindus, who fled the country, particularly following the Indo-Pakistani War of 1965.

According to law, if a lower court orders the death penalty, the High Court examines the verdict for confirmation of the punishment.

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

On March 12, according to media reports, a Bangladeshi Speedy Trial Tribunal convicted and sentenced to death four Muslim members of JMB, a violent extremist group, for their involvement in the 2016 killing of a Hindu priest. The victim, Jogeshwar Roy, chief priest at Sri Swanta Gouria Monastery, was stabbed to death while organizing prayers at the temple.

At year’s end, the death sentence of seven individuals for their roles in the July 2016 killing of 22 mostly non-Muslim individuals at the Holey Artisan Bakery in Dhaka remained on appeal with the High Court. In November 2019, a Bangladesh Special Tribunal convicted and sentenced the seven, while acquitting an eighth defendant.

Legal proceedings against six suspects allegedly involved in the 2015 killing of atheist blogger Avijit Roy continued at year’s end. The trial began in the Anti-Terrorism Tribunal in April 2019. In March, the trial proceedings stalled due to the absence of witnesses. In late March, authorities closed all courts until August due to the coronavirus outbreak, when the trial resumed. In November, two more witnesses provided testimony to the court, bringing the total witnesses to 24.

There was no progress in the court case regarding a 2016 attack on Hindu individuals, homes, and temples in Brahmanbaria District; victims expressed frustration to media over the continued investigation into the incident.

Biplob Chandra Baidya, a Hindu man, remained imprisoned since October 2019 for anti-Islam messages posted to his Facebook account, which he stated was hacked. Rioters vandalized homes and religious temples following the postings.

According to press reports, in January, local authorities arrested a Baul folk singer, Shariat Sarker, for derogatory comments against religion and “hurting religious sentiments,” criminal offenses under the law. Baul singing incorporates elements of Tantra, Sufism, Vaishnavism, and Buddhism. Authorities arrested Sarker following a protest by more than 1,000 individuals and a complaint to police by a Muslim cleric. Authorities denied Sarkar bail at the first hearing of his case at the Tangail District Court on January 29. According to press reports, Sarkar spent six months in jail. In February, a lawyer accused another Baul folk singer, Rita Dewan, of making derogatory comments against Allah during a musical competition. After a video recording of the song went viral, she apologized. Criminal charges were brought against Dewan that same month, and following a police investigation, a court issued a warrant for her arrest in December.

In March, the UN High Commissioner for Human Rights requested the government to “urgently revise the Digital Security Act, to ensure that it is in line with international human rights laws and that it provides for checks and balances against arbitrary arrest, detention, and other undue restrictions of the rights of individuals to the legitimate exercise of their freedom of expression and opinion.”

Human rights organizations reported a decrease in the use of extrajudicial fatwas by village community leaders and local religious leaders to punish individuals for perceived “moral transgressions” during the year. In 2019, there was a reported 54 percent decrease in reported cases of fatwa and village out-of-court arbitrations overall. Media attributed the decline to civil society activism. Fatwas, however, continued throughout the year, including a November edict issued against a sculpture honoring Sheikh Mujibur Rahman, the father of the country.

Although most mosques were independent of the state, the government continued to influence the appointment and removal of imams and provide guidance on the content of their sermons to imams throughout the country through the Islamic Foundation. This included issuing written instructions highlighting certain Quranic verses and quotations of the Prophet Muhammad. Religious community leaders again said imams in all mosques usually continued the practice of avoiding sermons that contradicted government policy. The government maintained instructions to mosques to denounce extremism.

According to the Ministry of Land’s 2018-2019 report, the most recent figures available, as of 2018, authorities had adjudicated 26,791 of 114,749 property-restitution cases filed under the Restoration of Vested Property Act. Of these judgments, the owners, primarily Hindus, won 12,190 of the cases, recovering 10,255 acres of land, while the government won the remaining 14,791 cases. Media reports, rights activists, and the BHBCUC attributed the slow return of land seized under relevant legislation from Hindus who had left for India to judicial inefficiency and general government indifference.

Freedom House’s 2020 report assessed religious minorities remained underrepresented in politics and state agencies.

Religious minorities continued to state that religious minority students sometimes were unable to enroll in religion classes because of an insufficient number of religious minority teachers for mandatory religious education classes. In these cases, school officials generally allowed local religious institutions, parents, or others to hold religious studies classes for such students outside school hours and sometimes exempted students from the religious education requirement.

The Ministry of Religious Affairs had a budget of 16.93 billion taka ($199.2 million) for the 2020-2021 fiscal year, which covers July 2020-June 2021. The budget included 14.25 billion taka ($167.6 million) allocated for development through various autonomous religious bodies. The government provided the Islamic Foundation, administered by the Ministry of Religious Affairs, 8.12 billion taka ($95.5 million). The Hindu Welfare Trust received 1.435 billion taka ($16.9 million), and the Buddhist Welfare Trust received 46.8 million taka ($551,000) of the total development allocation. While the Christian Welfare Trust did not receive development funding from the 2020-2021 budget, it received seven million taka ($82,400) to run its office.

Hindus, Buddhists, Christians, and members of other minority religious communities, who are also sometimes members of ethnic minority groups, continued to report property and land ownership disputes and forced evictions, including by the government, which remained unresolved at year’s end. Some human rights activists said it was often difficult to determine whether these disputes and evictions were a result of deliberate government discrimination against religious minorities or of government inefficiency. The government continued construction projects on land traditionally owned by indigenous communities in the Moulvibazar and Modhupur forest areas. According to minority religious associations, such disputes occurred in areas near new roads or industrial development zones, where land prices had recently increased. They also stated local police, civil authorities, and political leaders enabled property appropriation for financial gain or shielded politically influential property appropriators from prosecution. Some human rights groups continued to attribute lack of resolution of some of these disputes to ineffective judicial and land registry systems and the targeted communities’ insufficient political and financial clout, rather than to government policy disfavoring religious or ethnic minorities. Indigenous groups in the Chittagong Hill Tracts, in particular, have large communities of Buddhists, Hindus, and Christians. A portion of these communities speak tribal languages and do not speak Bangla, making it difficult to access government registrations and services and further disenfranchising these groups.

The government continued to place law enforcement personnel at religious sites, festivals, and events considered potential targets for violence, including the Hindu festival of Durga Puja, celebrations during the Christian holidays of Christmas and Easter, and the Buddhist festival of Buddha Purnima. During the year, the government assisted places of worship implement COVID-19 precautions during major festivals.

President Abdul Hamid continued to host receptions to commemorate each of the principal Muslim, Hindu, Buddhist, and Christian holidays and emphasized the importance of religious freedom, tolerance, and respect for religious minorities. In January, the Election Commission rescheduled local Dhaka elections after students and faith groups protested scheduling the election during a Hindu festival.

In January, the government said it would lift education restrictions for young Rohingya refugees. According to Minister of Foreign Affairs AK Abdul Momen, “We don’t want a lost generation of Rohingya. We want them to have education. They will follow Myanmar curricula.” Due to the COVID-19 pandemic, all schools in the country remained closed beginning in March.

In September, Minister of Education Dipu Moni participated in an interreligious gathering on education, resilience, respect, and inclusion promoting what she termed the country’s history of religious harmony and tolerance for all faiths.

Annex IV of the Dayton Peace Agreement, which serves as the country’s constitution, provides for freedom of thought, conscience, and religion. It stipulates no one shall be deprived of citizenship on grounds of religion and all persons shall enjoy the same rights and freedoms without discrimination as to religion.

The entity constitution of the Federation states all individuals shall have freedom of religion, including of public and private worship, and freedom from discrimination based on religion or creed. It defines religion as a vital national interest of the constituent peoples.

The entity constitution of the RS establishes the SOC as “the Church of the Serb people and other people of Orthodox religion.” It provides for equal freedoms, rights, and duties for all citizens irrespective of religion and prohibits any incitement to religious hatred or intolerance. It specifies religious communities shall be equal before the law and free to manage their religious affairs and hold religious services, open religious schools and conduct religious education in all schools, engage in commercial activities, receive gifts, and establish and manage legacies in accordance with the law.

The laws of Brcko, a self-governing district, do not encompass freedom of religion. Instead, national laws on religious freedom are applied.

A national law on religion provides for freedom of conscience and grants legal status to “churches and religious communities.” To acquire official status as recognized religious communities, religious groups must register. The constitutions of BiH, the Federation, and RS state that registered religious organizations are allowed to operate freely. Simplified registration procedures applied to religious groups recognized prior to adoption of the law, primarily the Orthodox Church, IC, Jewish Community, Catholic Church, and other Christian groups, including the Evangelical, Baptist, and Seventh-day Adventist Churches, The Church of Jesus Christ of Latter-day Saints, and Jehovah’s Witnesses.

Unregistered religious groups may assemble to practice their religion, but they have no legal status and may not represent themselves as a religious community.

Registration affords numerous rights to religious communities that are not available to those that do not register, including the right to conduct collaborative actions such as do charity work, raise funds, and construct and occupy places of worship. The law states churches and religious communities serve as representative institutions and organizations of believers, founded in accordance with their own regulations, teachings, beliefs, traditions, and practices. The law recognizes the legal status of four “traditional” religious communities: the IC, SOC, Catholic Church, and Jewish community. The Ministry of Justice (MOJ) maintains a unified register of all religious communities, and the Ministry of Human Rights and Refugees (MHRR) is responsible for documenting violations of religious freedom.

According to law, any group of 300 or more adult citizens may apply to register a new religious community or church through a written application to the MOJ. Requirements for registration include presenting statutes that define the method of religious practice and a petition for establishment with the signatures of at least 30 founders. The ministry must issue a decision within 30 days of receipt of the application. The law stipulates the ministry may deny the application for registration if it concludes the content and manner of worship may be “contrary to legal order, public morale, or is damaging to the life and health or other rights and freedoms of believers and citizens.” A group may appeal a negative decision to the BiH Council of Ministers. The law allows registered religious communities to establish their own suborganizations, which may operate without restriction.

The law states no new church or religious community may be founded bearing the same or similar name as an existing church or religious community. The law also states no one may use the symbols, insignia, or attributes of a church or a religious community without its consent.

In addition to registered churches and religious communities, there are educational, charitable, and other institutions, known as “legal subjects,” that belong to these communities but are registered as separate legal entities in the MOJ registry. The IC has 120 legal subjects, the Catholic Church 398, the Orthodox Church 526, and other churches and religious communities and alliances (primarily of Protestant groups) of these communities have 47.

A concordat between the BiH government and the Holy See recognizes the public juridical personality of the Catholic Church and grants a number of rights, including to establish educational and charitable institutions and carry out religious education in public or private schools, and it officially recognizes Catholic holidays. The government and the Catholic Church created a commission to implement the concordat. A similar agreement exists between the BiH government and the SOC, and a commission to implement it was created in September.

The state recognizes the IC as the sole supreme institutional religious authority for all Muslims in the country, including immigrants and refugees, as well as for Bosniaks and other Muslim nationals living outside the country who accept the IC’s authority. According to the law, no Islamic group may register with the MOJ or open a mosque without the permission of the IC.

The law on religion states that churches and religious communities are obligated to pay taxes and contributions on earnings of their employees (pension, health, and disability insurance). In the Federation, two of 10 cantons – Western Herzegovina Canton and Herzegovina-Neretva Canton – include religious officials in their health insurance system. Sarajevo Canton does not include religious workers in its health insurance system but offers such insurance to religious officials under more favorable provisions than those available to average citizens. The RS provides pension benefits and disability insurance to religious workers while they have residence in the RS.

All three BiH administrative units have hate crimes regulated within their criminal codes. The provisions in these codes regulate hate crimes as every criminal act committed because of the race, skin color, religious belief, national or ethnic origin, language, disability, gender, sexual orientation, or gender identity of the victim. The criminal codes also stipulate that this motivation is to be taken as an aggravating circumstance of any criminal act unless the code itself stipulates harsher punishments for qualified forms of criminal acts.

The laws of the Federation and RS, as well as those of all 10 cantons, affirm the right of every citizen to religious education. The laws allow a representative of each of the officially registered religious communities to assume responsibility for teaching religious studies in public and private preschools, primary and secondary schools, and universities if there is sufficient demand. Children from groups that are a minority in a school are entitled to religious education only when there are 18 or more students from that religious group in one class. Religious communities select and train their respective religious education teachers, who are employees of the schools where they teach, although they receive accreditation from the religious body governing the curriculum.

The IC, SOC, and Catholic Church develop and approve religious curricula across the country. Public schools offer religious education in a school’s majority religion, with some exceptions.

In the Federation’s five Bosniak-majority cantons, primary and secondary schools offer Islamic religious instruction as a twice-weekly course, or students may take a course in ethics. In cantons with Croat majorities, Croat students in primary and secondary schools may attend an elective Catholic religion course twice a week or take a course in ethics. In the five primary and 10 secondary Catholic schools spread throughout the Federation and the RS that do not have Croat majorities, parents may choose either an elective Catholic religion course or a course in ethics. The Sarajevo Canton Ministry of Education offers Orthodox and Protestant religious education in addition to classes offered to the Muslim and Catholic communities. The RS Ministry of Education offers elective religious education in secondary schools.

The BiH constitution provides for representation of the three major ethnic groups – Serbs, Croats, and Bosniaks – in the government and armed forces. The constitution makes no explicit mention of representation for religious groups, although each ethnicity mentioned by the constitution is associated with a particular religion.

The BiH constitution reserves all positions in the House of Peoples (one of two houses of parliament) and apportions other government offices to members of the three major ethnic groups according to quotas. Members of religious minorities are constitutionally ineligible to hold a seat in the House of Peoples. The three-member presidency must consist of one Bosniak, one Croat, and one Serb.

A law against discrimination prohibits exclusion, limitation, or preferential treatment of individuals based specifically on religion in employment and the provision of social services in both the government and private sectors.

The country has no law on restitution that would allow for the return of, or compensation for, property, including property owned by religious groups, nationalized or expropriated under communist rule.

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

The human rights ministry made little progress in implementing 2019 instructions for implementation of the national religious freedom law. In accordance with the instructions, the ministry is responsible for coordinating actions to correct religious freedom abuses and to draft proposals to regulate retirement and health insurance benefits of religious workers. The MHRR took no steps to draft proposals for resolving the issues of rights to pension, disability allowance, and health insurance for religious officials, despite issuing instructions in 2019 stating it would do so and submit the proposals to the government for approval. National, Federation, and RS governments had still not made provisions for religious officials to fully qualify for pensions and health and disability insurance, more than 16 years after the adoption of the law on religious freedom and the 2019 issuance of instructions on implementation of the law stating the MHRR should work with religious group representatives to resolve the issue.

The government again failed to comply with a 2009 decision by the ECHR stating the country should amend its constitution to allow members of minority groups, including Jews, to run for president and the House of Peoples.

The MOJ said it generally processed registration applications by religions groups within a week. There were no reports the ministry denied any registration applications by religious communities.

The Presidency again failed to reach a consensus on the approval of a 2015 agreement between the state and the IC that addressed dietary restrictions in public institutions, employer accommodations for daily prayer, and time off to attend Friday prayers, as well as one-time travel to Mecca for the Hajj. The Presidency did not inform the MHRR what part of the agreement was not acceptable to it.

In September, the IRC reported the government prohibition against employees of judicial institutions wearing any form of “religious insignia,” including headscarves, at work, remained in place. While there were no instances of the High Judicial and Prosecutorial Council applying the prohibition during the year, an IC representative stated its existence caused uneasiness and uncertainty among Muslims working in or visiting these institutions.

According to officials of religious groups constituting a local minority, authorities at all levels continued to discriminate against those groups with regard to the use of religious property and issuance of permits to build new, or repair existing, religious properties. On March 3, three years after the original application, Drvar municipal authorities issued a location permit to the Catholic Saint Joseph Parish in Drvar for the construction of a pastoral and charity center on property owned by the Catholic Church. In 2019, the Livno Canton Ministry of Construction, Space Planning, and Environment ordered Drvar Municipality to issue a location permit to the Catholic Church in Drvar for the construction of the center, overturning the municipality’s initial rejection of the Church’s request.

As of September, the government of BiH had only partially implemented an ECHR ruling ordering it to remove a Serbian Orthodox church the court found was illegally built on plaintiff Fata Orlovic’s property in Bratunac. The lawyer representing Orlovic confirmed the RS government paid Orlovic and her relatives for financial damages. At the end of February, SOC officials removed all religious items from the church, and, for the first time, there was no church liturgy held on the church’s patron saint’s day on September 11. At year’s end, the church building remained in place on Orlovic’s property.

Leaders of the four traditional religious communities in BiH continued to say the country’s continuing lack of any institution responsible for the rights of religious communities and the lack of a law on restitution – for both religious communities and private citizens – hindered efforts on the part of religious communities to resolve the issue of property confiscated and nationalized under communist rule from 1946 to 1965. Jakob Finci, the president of the country’s Jewish Community, repeatedly said the country was the only one in the region that had done nothing to resolve the restitution problem. He said the lack of resolution posed a burden on religious communities, as disputed properties could be an important and much-needed source of revenue for them.

According to religious community leaders, political disagreement over whether the state or the country’s two entities – the Federation and RS – had competency over restitution, as well as the potential cost, were the main barriers to the country’s adopting a law on restitution. According to a study done by the Economic Institute of the Faculty of Economics, University of Sarajevo, just under 7 percent of the total nationalized property in the country belonged to religious communities, and each major religious group had unresolved restitution claims involving high-profile properties. For example, the SOC sought return of its former seminary building, which housed the University of Sarajevo’s Faculty of Economics; the Jewish Community was seeking return of its La Benevolencija building in the center of Sarajevo, which housed the Ministry of Interior of Sarajevo Canton; the Catholic Church was seeking return of its Saint Augustine Institute building in Sarajevo, which housed the Music Academy; and the IC had a claim on the Palata Gazihusrevbeg building in downtown Sarajevo. In some cases, municipal, cantonal, and entity governments engaged in “silent restitution,” where they allowed religious communities to use a property but did not transfer legal ownership. All main religious groups expressed concerns regarding discrimination and unequal treatment of religious communities by the Federation and the RS. All major religious groups in the country said they agreed on the urgent need for a restitution law to be adopted.

In welcoming remarks during a Christmas reception on January 16, SOC Metropolitan Hrizostom called on the BiH Presidency to support, and the BiH Parliament to adopt, a law on restitution of property. He stated that, by failing to return seized properties to churches and religious communities, the government continued to violate basic human and religious rights of believers. On September 17, Catholic Cardinal Vinko Puljic, in a meeting with High Representative Valentin Inzko, the official responsible for overseeing implementation of civilian aspects of the Dayton Peace Agreement, said the government should either return all nationalized properties to religious groups or pay them compensation. In its October report, Key Findings of the Opinion on Bosnia and Herzegovina’s EU Membership Application and Analytical Report, the European Commission criticized BiH authorities for failure to adopt a legislative framework for handling restitution cases.

At the end of 2019, the Municipality of Stari Grad Sarajevo began construction of a 5,800 square-meter (62,000 square-foot) building in the center of Sarajevo on a plot of land, ownership of which was partly claimed by four Jewish families and partly by the IC. The Stari Grad Municipality registered itself as the owner of the land, even though the Jewish Community informed the municipality that one of the four original Jewish owners was still alive and the remaining three had living heirs. The families and Jewish Community submitted an appeal to the municipality in 2018, but the municipality rejected it in 2019 and issued a building permit to itself and private investor Amko Komerc. Unlike the Jewish families, several online media outlets, including tacno.net and klix.ba, reported that the IC was compensated for its share of the property.

According to a UNICEF report issued in March, students and teachers continued to experience ethnic and religious segregation, intolerance, and division in a number of ethnically homogenous schools throughout the country, especially in the “two schools under one roof,” where children were segregated from each other based on ethnicity.

Returnee students (those belonging to a minority ethnic group returning to their homes after being displaced by the war) continued to face barriers in exercising their rights to language education. For the seventh consecutive year, parents of Bosniak children in returnee communities throughout the RS continued to boycott public schools in favor of sending their children to alternative schooling financed and organized by the Federation of BiH Ministry of Education with support from the governments of the Sarajevo and the Zenica-Doboj Cantons and the IC. According to media and international organizations, the boycott was based on the refusal of the RS Ministry of Education and Culture (RS MoEC) to approve a group of national subjects (specific courses to which Bosniak, Serb, and Croat students are entitled and taught in their constituent language according to their ethnicity). Parents of one of these schools in Vrbanjci, Kotor Varos, won a court case in December 2019 in which the RS Supreme Court ruled they were entitled to the national group of subjects in the Bosnian language. The RS MoEC, however, failed to implement the decision by the beginning of the new school year in September. As a result, 60 children continued learning in the Hanifici Islamic Center building, with teachers traveling from Zenica-Doboj Canton, approximately 80 kilometers (48 miles) away. In June, lawyers representing Bosniak parents filed a request for execution of the RS Supreme Court decision at the Kotor Varos Basic Court. By year’s end, that court had not responded. Lawyers representing the parents also reported that they had tried to meet with the RS MoEC officials twice, but without success.

According to nongovernmental organizations and media reports, parents often chose to send their children to public school religious education classes to avoid having their children stand out from other children who attend the classes and be exposed to peer pressure. In August, the PRIME Communications agency asked 1,500 persons whether religious education should remain in schools in the country; 52.8 percent of respondents opposed removing religious education from schools; 16 percent were largely against removal; 11.5 percent favored removal; and the remainder did not answer the question.

According to Bosniak Muslim, Croat Catholic, and Serb Orthodox religious communities, authorities continued to enforce selectively the rights of religious groups regarding access to education, employment, health care, and other social services in areas where those groups constituted religious minorities. They said refugees returning to their original communities pursuant to the Dayton Peace Agreement were particularly subject to discrimination. Bosniak returnees again complained that schools in the RS celebrated Saint Sava Day as an official holiday for their schools; Bosniaks said they considered this discriminatory, since Saint Sava is an Orthodox saint.

Representatives of religious minority communities throughout the country reported that their members had difficulties accessing government services and protections, including access to health care, pensions, other social benefits, and the transfer of student records between districts. For example, in July, Cardinal Puljic told an Italian Catholic media outlet that thousands of Catholics left the country every year because of discrimination.

On several occasions, IRC leaders again said local authorities throughout the country continued to discriminate in providing police protection and investigating threats of violence and harassment, and vandalism. While only a few cases were recorded, the IRC said law enforcement officials treated the cases as simple theft or vandalism, without taking into consideration the acts occurred at religious sites and could be categorized as hate crimes. According to the IRC, the officials rarely investigated the motives of the acts, which would help distinguish cases of theft from hate crimes. In many instances, IRC leaders said they hesitated to report incidents to the police or media, particularly in areas where their religious group is a minority, fearing that public attention could result in retaliation and greater problems for their community in the future.

The Sarajevo Canton Assembly again failed to implement its 2018 decision to change the name of an elementary school and street in the town of Dobrosevici in the canton’s Municipality of Novi Grad named after Mustafa Busuladzic. Busuladzic was a World War II-era Ustasha figure who glorified Hitler and was known for his anti-Semitism. Both the school and street retained the Busuladzic name.

According to representatives of the Catholic Church, the joint commission for the implementation of the concordat with the Holy See had not met since 2016, and the government had not implemented the agreements reached by the commission earlier, such as legislation on observing religious holidays.

In September, the government and the SOC formed a commission to implement the agreement between the government and the SOC. According to the MHRR, the implementation of the agreement with the SOC had likely been stalled for years due to the absence of a similar agreement between the state and the IC.

The MHRR stated in September it had launched a process to unblock the process of adopting an agreement between the IC and the government.

International and local nongovernmental organizations, academics, and government agencies said each of the country’s major political parties continued to align with the religion practiced by the dominant ethnic group among its membership: the largest ethnic Bosniak parties continued to align with the IC, the largest ethnic Croat parties with the Catholic Church, and the two largest ethnic Serb parties with the SOC.

The constitution states the religion of the country shall be the Shafi’i school of Sunni Islam but allows all other religions to be practiced “in peace and harmony” by the persons professing them.

The legal system is divided between secular law and sharia, which have parallel systems of both criminal and civil/family law and operate separate courts under a single judiciary department. The civil courts are based on common law. The sharia courts follow the Shafi’i school of Islamic jurisprudence, in which there is no concept of legal precedent and judges are not bound by the decisions of a higher court. Sharia courts have jurisdiction over both criminal law and civil/family matters involving Muslims and hear cases brought under longstanding sharia legislation as well as under the SPC.

The SPC spells out provisions for corporal and capital punishment for murder, theft, adultery, rape, sodomy, apostasy, blasphemy, and other acts deemed crimes under sharia. Depending on the type and specifics of the offense, these punishments include fines, imprisonment, whipping, caning, amputation of hands or feet, or death (including by stoning). The SPC identifies murder, adultery, rape, sodomy, apostasy, and blasphemy as capital offenses, although the law requires either a confession or the testimony of multiple pious Muslim male eyewitnesses to support a death sentence. A de facto moratorium on the death penalty, announced by the Sultan in 2019, continued during the year.

Most SPC sections apply to both Muslims and non-Muslims, including foreigners, and are applicable to offenses committed outside the country by citizens or permanent residents. Non-Muslims are exempt from certain sections, such as requirements for men to join Friday prayers and pay zakat (obligatory annual almsgiving). The SPC states that Muslims will be identified for purposes of the law by “general reputation.”

The SPC incorporates longstanding domestic laws based on sharia that prohibit drinking alcohol, propagating religions other than Islam, eating in public during the fasting hours of Ramadan, cross-dressing, and close physical proximity between unmarried persons of the opposite sex. It prohibits “indecent behavior,” including pregnancies out of wedlock, and criminalizes any act that “tends to tarnish the image of Islam, deprave a person, bring bad influence, or cause anger to the person who is likely to have seen the act.”

Punishments included under the SPC have different standards of proof from the common law-based penal code, such as requiring four pious men to witness personally an act of fornication to support a sentence of stoning. Stoning sentences, however, may be supported by a confession in lieu of witness testimony at the discretion of a sharia judge. If neither qualifying testimony nor a confession is available, the possible sentences are limited to caning, imprisonment, and fines.

The government describes its official national philosophy as Melayu Islam Beraja (MIB), or Malay Islamic Monarchy, which it defines as “a system that encompasses strong Malay cultural influences, stressing the importance of Islam in daily life and governance, and respect for the monarchy as represented by His Majesty the Sultan.” The government has said this system is essential to the country’s way of life and is its main defense against “extremism.” A government body, the MIB Supreme Council, seeks to spread and strengthen the MIB philosophy and ensure MIB is enshrined in the nation’s laws and policies. MIB is a compulsory subject for students in both public and private schools, including at the university level.

The Religious Enforcement Division under MORA leads investigations of crimes that exist only in the SPC and other sharia legislation, such as male Muslims failing to pray on Fridays. Cases involving crimes that are not covered by sharia legislation, such as human trafficking, are investigated by the RBPF. RBPF and Religious Enforcement Division officers cooperate on investigations of crimes covered by both the secular and sharia laws. In such cases, an “assessment committee” composed of secular and sharia prosecutors and secular and sharia law enforcement officers decides which court system will try the case. The deliberations of the assessment committee to determine whether specific cases would proceed through secular or sharia court are not public, and the government does not make public the committee’s bases for its decisions.

The government bans religious groups it considers “deviant,” including the Ahmadiyya Muslim Community, al-Arqam, Abdul Razak Mohammad, al-Ma’unah, Saihoni Tasipan, Tariqat Mufarridiyyah, Silat Lintau, Qadiyaniah, the Baha’i Faith, and Jehovah’s Witnesses. The list is based on fatwas proclaimed by the state mufti or the Islamic Religious Council – a government body and the Sultan’s highest authority on matters on Islam – and is available on MORA’s website. The SPC also bans most non-Sunni forms of Islam and any practice or display of “black magic.”

The SPC includes a list of words and expressions, including the word “Allah,” reserved for use by only Muslims or in relation to Islam. MORA officials state that the use of certain words such as “Allah” by non-Muslims does not constitute an SPC offense when used in a nonreligious context or social activity.

Under the SPC, Muslims are not permitted to renounce or change their religion. Non-Muslims must be at least 14 years and seven months old to convert or renounce their religion. If parents convert to Islam, their children younger than 14 years and seven months automatically become Muslim.

The law requires all organizations, including religious groups, to register and provide the names of their members. Applicants are subject to background checks for leaders and board members, and proposed organizations are subject to naming requirements. Registered organizations must furnish information on leadership, election of officers, members, assets, activities, and any other information requested by the registrar. Benefits of registration include the ability to operate, reserve space in public buildings, and apply for permission to raise funds. The registrar of societies oversees the application process, exercises discretion over applications, and is authorized to refuse approval for any reason. Organizations are prohibited from affiliation with any organization outside the country without written approval by the registrar. Unregistered organizations may face charges of unlawful assembly and may be subject to fines. Individuals who participate in or influence others to join unregistered organizations may be fined, arrested, and imprisoned. The penalty for violating laws on the registration and activity of organizations is a fine of up to 10,000 Brunei dollars (BND) ($7,600), imprisonment for up to three years, or both.

The law states that any public assembly of five or more persons requires official approval in advance. Under longstanding emergency powers, this applies to all forms of public assembly, including religious assembly. In practice, however, places of worship are viewed as private places in which gatherings do not require approval.

The law forbids the teaching or promotion of any religion other than Islam to Muslims or to persons of no faith. Under the SPC, the penalty for propagating religions other than Islam is up to five years in prison, a fine of up to 20,000 BND ($15,100), or both. The SPC includes a provision that makes it illegal to criticize Islam as well as the SPC itself.

Laws and regulations limit access to religious literature. The law states it is an offense for a person to import any publication deemed objectionable, which is defined in part as describing, depicting, or expressing matters of race or religion in a manner likely to cause “feelings of enmity, hatred, ill will, or hostility between different racial or religious groups.” The law also bans distributing materials relating to religions other than Islam to Muslims or persons of no faith.

The law establishes two sets of schools: those offering the national or international curriculum that are administered by the Ministry of Education, and those offering supplemental religious education (ugama) that are administered by MORA.

Ministry of Education schools are required to teach a course on Islamic religious knowledge that is required for all Muslim children between the ages of seven and 15 who reside in the country and who have at least one parent who is a citizen or permanent resident. Non-Muslims are exempted from all religious study requirements and receive teaching on moral behavior. Non-Muslim students are still required to take MIB classes.

Public and private schools, including private schools run by churches, are prohibited from providing religious instruction in beliefs other than the Shafi’i school of Islam as part of the school’s curriculum. Schools may be fined or school officials imprisoned for teaching non-Islamic religious subjects. The SPC criminalizes exposing Muslim children or the children of parents who have no religious affiliation to the beliefs and practices of any religion other than Islam. The law requires that any person wishing to teach on matters relating to Islam must obtain official permission. Churches and religious schools are permitted to offer private religious education in private settings, such as someone’s home.

All parental rights are awarded to the Muslim parent if a child is born to parents who are not both Muslim. The non-Muslim parent is not recognized in any official document, including the child’s birth certificate, unless that parent has converted to Islam. The law bans any Muslim from surrendering custody of a minor or dependent in his or her guardianship to a non-Muslim.

Under the SPC, non-Muslims may be arrested for zina (fornication or adultery) or khalwat (close physical proximity between two unmarried individuals of opposite sexes), provided that the other accused party is Muslim. Foreigners are also subject to these laws.

A regulation requires businesses that produce, supply, and serve food and beverages to obtain a halal certificate or apply for an exemption if serving non-Muslims.

MORA has declared circumcision for Muslim girls (sunat) a religious rite obligatory under Islam and describes it as the removal of the hood of the clitoris (Type I per World Health Organization classification). The government has stated it does not consider this practice to be female genital mutilation/cutting (FGM/C) and has expressed support for the World Health Organization’s call for the elimination of FGM/C. In his 2017 fatwas, the State Mufti declared that both male and female circumcision are required and specified that female circumcision involves a “small cut above the vagina.”

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

MORA enforcement officers deported a U.S. citizen in February for publicly proselytizing for a religion other than Islam, an offense that under the SPC is punishable by a fine not exceeding 20,000 BND ($15,100), imprisonment for a term not exceeding five years, or both. The head of MORA’s Enforcement Division stated that MORA officers followed a precedent set by a past proselytizing case, which had also resulted in deportation, but he also said that maintaining good relations with the United States was a factor in the decision to deport the man instead of arresting him.

The government did not ratify the UNCAT, which it signed in 2015 following widespread condemnation of the government’s implementation of the first phase of the SPC order in 2014. The Foreign Minister reported, however, that the government was in the ratification process.

In March, the Sharia High Court issued its first verdict in a case of “causing hurt” – an offense under the SPC roughly equivalent to assault. The court sentenced the accused, a Bruneian Muslim man, to five years’ imprisonment, and for the first time since the implementation of the SPC, the judge ordered the accused to pay “blood money” of 91,516 BND ($69,200) to compensate the victim.

In January, a sharia judge dropped the 2019 case of two Vietnamese men who were the first non-Muslim foreigners to be charged in the sharia courts for “causing hurt” after both parties reached an out-of-court settlement.

In April, all sharia courts ceased operations due to the COVID-19 outbreak. In July, sharia courts resumed operations mostly to hear routine cases of theft and khalwat.

Non-Muslims continued to note that the SPC imposed restrictions on the ability of non-Muslims to proselytize to other non-Muslims. The government continued to prohibit non-Muslims from proselytizing among Muslims or persons with no religious affiliation. Some non-Muslims described the existence of the SPC itself as a “scare tactic” that, alongside other government policies, would pressure non-Muslims to convert to Islam. They noted the SPC’s blasphemy provisions could be used to constrain non-Muslim groups’ activities but expressed greater concern about subtle pressure by the government than about the possibility of harsh sharia punishments.

In March, the government announced that all places of worship would be closed to counter the spread of COVID-19. Senior members of minority religions reported good communications from the Ministry of Health about the rules for closing and reopening churches and places of worship. Some observers noted MORA neglected to announce the reopening of non-Islamic houses of worship when it announced the reopening of the country’s mosques in June, instead relying on the Ministry of Health to pass on the information, which it did soon after.

The government periodically warned the population about the preaching of non-Shafi’i versions of Islam, including both “liberal” practices and those associated with jihadism, Wahhabism, or Salafism. It permitted Shafi’i Muslims and members of non-Muslim religious minorities to practice their faiths, including by permitting non-Islamic churches to operate and allowing non-Muslim religious minorities to gather in private churches.

MORA continued to provide all mosques with approved sermons for Friday services. The government required that the sermons be delivered by registered imams, and deviance from the approved text was forbidden. Government data from 2015, the latest available, indicated there were 99 registered mosques.

There was no legal requirement for women to wear head coverings in public; however, religious authorities continued to reinforce social customs to encourage Muslim women to wear a head covering (known locally as a tudong), and many women did so. When applying for passports, drivers’ licenses, and national identity cards, Muslim females were required to wear a tudong. Muslim women employed by the government were expected to wear a tudong to work, although some chose not to with no reports of official repercussions. In government schools and institutions of higher learning, Muslim female students were required to wear a uniform that includes a head covering. Male students were expected to wear the songkok (a traditional hat), although this was not required in all schools. Women who were incarcerated, including non-Muslims, were required to wear a uniform that included a tudong.

As in past years, the government limited traditional Lunar New Year lion dance performances to a three-day period and restricted them to the country’s sole Chinese Buddhist temple, Chinese school halls, and private residencies of Chinese Association members. Members of the royal family publicly attended Lunar New Year celebrations and lion dance performances during the allowed period, with front-page coverage in state-influenced media.

In December, the human rights NGO Jubilee Campaign wrote to the U.S. Secretary of State to report that MORA sent officials to ensure that a ban on Christmas decorations was enforced around the country. In practice, however, people were able to celebrate Christmas and decorate their private residences. There were no reports of shops or restaurants being warned by MORA for displaying decorations.

The government continued to enforce strict customs controls on importing non-Islamic religious texts such as Bibles, as well as on Islamic instructional materials or scriptures intended for sale or distribution. Authorities generally continued to ban the import of non-Islamic religious texts, and the censorship board continued to review Islamic texts to ensure they did not contain text that deviated from the Shafi’i school of Islam. Customs officials continued to check personal packages entering the country to ensure they did not contain anything of a non-Shafi’i Islamic or perceived sexual nature, such as magazines showing women in swimsuits.

Christian leaders continued to state that a longstanding fatwa discouraging Muslims from supporting non-Islamic faiths inhibited the expansion, renovation, or construction of new facilities; in accordance with the fatwa, government officials slowed or did not process building plans and permits for churches. Christian religious groups said that authorities generally only permitted churches and associated schools to repair and renovate buildings on their sites if required for safety. The process for obtaining approval to renovate church buildings and associated school buildings remained lengthy and difficult, and there were continuing reports of the government stalling new construction projects for not meeting the complicated requirements. With only six approved churches in the country, the last built in the 1960s before the country gained independence, facilities were often too small to accommodate their congregations without significant overflow seating outdoors. Several sources reported that schools associated with Christian churches had to pay government business taxes despite being nonprofit organizations. This measure was not applied to other nonprofit private schools with no religious affiliations. The Chinese temple was also subject to the same fatwa. Christian worshippers continued to report difficulty accessing churches on many Sundays because of road closures by the government for official events, with some services being rescheduled.

The government reported that many non-Muslim children elected to take courses on Islam. Reportedly, those applying for government-funded scholarships believed having such courses on their transcripts could be advantageous. Most school textbooks were illustrated to portray Islam as the norm, and women and girls were shown wearing the tudong. There were no depictions of the practices of other religious groups in textbooks.

Authorities continued to prohibit non-Muslims and non-Shafi’i Muslims from receiving non-Shafi’i religious education in schools. All church-associated schools were recognized by the Ministry of Education and remained open to students of any religion, although they were not permitted to offer religious instruction other than for Shafi’i Islam.

Due to the COVID-19 pandemic, there were no warnings in the press to local restaurants not to serve dine-in customers during fasting hours for Ramadan as in past years. Throughout the year, the government enforced restrictions requiring all businesses to close for the two hours of Friday prayers.

Religious authorities allowed nonhalal restaurants and nonhalal sections in supermarkets to operate without interference, but they continued to hold public outreach sessions to encourage restaurants to become halal.

The government continued to offer incentives to prospective converts to Islam and the Shafi’i school, especially those from indigenous communities in rural areas, including help with housing and welfare assistance. The government allocated travel funding so that those who could not participate in the Hajj due to COVID-19 travel restrictions during the year could do so in the future. The government gave presentations on the benefits of converting to Islam that received extensive press coverage in state-influenced media. According to government statistics, 293 individuals converted to Islam during the year, approximately the same as the previous year. Converts included citizens and permanent residents as well as foreigners. Government policy supported Islam through the national MIB philosophy as well as through government pledges to make the country a zikir nation (one that remembers and obeys Allah).

In a rare instance, during a surprise inspection in September, the Sultan publicly admonished MORA for the slow pace of Muslim proselytization in the rural districts, budget shortfalls, general poor performance, and poor management of the zakat (annual almsgiving) fund.

Members of the LGBTI community reported in September that MORA summoned transsexual individuals to its offices and demanded that they maintain the gender listed on their birth certificate, although no threats of punishment were made in any of these reported cases. Other members of the LGBTI community reported family members had been contacted by MORA and questioned on the individuals’ sexuality.

Despite the absence of a legal prohibition of Muslims marrying non-Muslims, all Muslim weddings required approval from the sharia courts, and officiants, who were required to be imams approved by the government, required the non-Muslim party to convert prior to the marriage.

Most government meetings and ceremonies commenced with an Islamic prayer, which the government continued to state was not a legal requirement but a matter of custom.

The government required residents to carry identity cards that stated the bearer’s ethnicity and were used in part to determine whether he or she were Muslim; for example, all ethnic Malays, including those traveling in the country, were assumed to be Muslim. Malays were required to follow certain Islamic religious practices or potentially face fines, arrest, and imprisonment. Visitors to the country were asked to identify their religion on their visa applications.

The constitution states the country is secular, and both the constitution and other laws provide for the right of individuals to choose and change their religion and to practice the religion of their choice. The constitution states freedom of belief is subject to respect for law, public order, good morals, and “the human person.” Political parties based on religion, ethnicity, or regional affiliation are forbidden.

The law allows all organizations, religious or otherwise, to register with the Ministry of Territorial Administration and Decentralization, which oversees religious affairs. The ministry, through the Directorate for Customary Affairs and Worship, monitors the implementation of standards for burial, exhumation, and transfer of remains; helps organize religious pilgrimages; promotes and fosters interreligious dialogue and peace; and develops and implements measures for the erection of places of worship and the registration of religious organizations and religious congregations. Registration confers legal status, and the process usually takes approximately three to four weeks and costs less than 50,000 CFA francs ($95). Religious organizations are not required to register unless they seek legal recognition by the government, but after they are registered, they must comply with applicable regulations required of all registered organizations or be subject to a fine of 50,000 to 150,000 CFA francs ($95 to $280).

Religious groups operate under the same regulatory framework for publishing and broadcasting as other entities. The Ministry of Territorial Administration and Decentralization may request copies of proposed publications and broadcasts to verify they are in accordance with the nature of the religious group as stated in its registration and it may conduct permit application reviews.

The government generally does not fund religious schools or require them to pay taxes unless they conduct for-profit activities. The government provides subsidies to a number of Catholic schools as part of an agreement allowing students from public schools to enroll in Catholic schools when public schools are at full capacity. The government taxes religious groups only if they engage in commercial activities, such as farming or dairy production.

Religious education is not allowed in public schools. Muslim, Catholic, and Protestant groups operate private primary and secondary schools and some institutions of higher education. These schools are permitted to provide religious instruction to their students. By law, schools (religious or not) must submit the names of their directors to the government and register their schools with the Ministry of National Education and Literacy. The government does not appoint or approve these officials, however. The government periodically reviews the curricula of new religious schools as they open, as well as others, to ensure they offer the full standard academic curriculum. The majority of Quranic schools are not registered, however, and thus their curricula not reviewed.

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

The government stated that terrorists attacked religious institutions with the aim of dividing the population. On October 21, at a government forum on “national cohesion,” Speaker of the National Assembly Allassane Bala Sakande stated, “In this war against terrorism, we are not engaged against an ethnic group or against a religion, but we are engaged against those who hate Burkina Faso and the Burkinabe.”

Following the kidnapping and killing of the grand Imam of Djibo by armed groups in Soum Province on August 11, President Roch Marc Christian Kabore said he “strongly condemned” the “barbaric assassination” which “aimed to undermine our model of religious tolerance and the foundations of our nation.”

Following a February 16 attack by approximately 20 armed assailants on the village of Pansi in Yagha Province during which a pastor and 23 others were killed, opposition political party head Jean Hubert Bazie said it was “imperative that the state secure places of worship, as well as other places where citizens gather” and called on the government to create a national body to monitor religious freedom and prevent interreligious confrontation.

The government allocated 75 million CFA francs ($142,000) each to the Muslim, Catholic, Protestant, and animist communities, the same level as the previous year. Sources stated that this funding was meant to demonstrate equitable government support to all religious groups in the country. The government also provided funding to registered Catholic, Protestant, and Muslim (commonly referred to as “Franco-Arabic”) schools through subsidies for teacher salaries, which were typically less than those of public-school teachers.

On August 6, the government issued a decree integrating the traditional animist communities into ONAFAR, providing animist communities with representation in the government agency responsible for promoting interreligious dialogue as well as preventing and managing conflicts of a religious nature.

The government continued to routinely approve applications from religious groups for registration, according to religious group leaders, although the government indicated it had rejected some on “moral” grounds.

In September, the government intervened in a legal dispute between Christian and Muslim groups involving a plot of land in Ouagadougou where a mosque had been destroyed. In an October 7 statement, the government said that it “disapproves of the destruction of a place of worship” and that it had taken ownership of the disputed property and would fund reconstruction of the mosque.

In June, the Archbishop of Ouagadougou, Cardinal Philippe Ouedraogo, joined Minister of Interior and Territorial Administration Simeon Sawadogo during Eid al-Fitr prayers led by the Grand Imam of Ouagadougou.

Domestic and transnational terrorist groups continued to operate throughout the year and carried out targeted killings of individuals based on their religious identity, according to media reports. These groups included U.S.-designated terrorist groups Ansaroul Islam, Islamic State in Greater Sahara (ISIS-GS), Jamaat Nasr al-Islam wal Muslimin (JNIM), al-Qa’ida in the Islamic Maghreb, Ansar Dine, and al-Mourabitoun. Although many attacks in the country went unclaimed, observers attributed most to terrorist groups, including Ansaroul Islam, JNIM, and ISIS-GS. Media reported that the terrorist groups regularly targeted Muslim and Christian clergy, religious congregations, houses of worship, teachers, local government employees, and schools. Some imams were killed after being accused of collaborating with security forces. As of August, terrorist violence forced at least 2,500 schools to close, depriving more than 330,000 children of education, according to UNICEF. In a number of attacks, militants singled out and killed individuals wearing Christian imagery such as crucifixes, according to media reports and church leaders. Some attacks took place at houses of worship, both Christian and Islamic, during prayers or services.

Examples of attacks against Christians reported by media, NGOs, and the government included a Sunday, February 9 attack on an evangelical Protestant church in Nagnounbougou in the Est Region during a religious service. At least two Christians were killed as they tried to flee from the attackers.

On January 25 in Silgadji in Soum Province, militants believed to be from JNIM or ISIS-GS killed approximately 30 civilians. The attackers ordered men to wear beards and to no longer wear pants that cover the entire leg. They had ordered women to wear a veil, threatening reprisals against those who did not comply

February 9, suspected ISIS-GS/JNIM militants attacked a church in Matiakoali, Est Region, and killed two worshippers.

On Feb 28, militants killed at least 20 civilians at Rektoulga in Bouroum commune, Sanmantinga Province. Paul Ouedraogo, an internally displaced local pastor of the International Evangelization Center, was among the dead.

On May 29 and 30, militants killed 58 individuals in northern and eastern provinces during several attacks that reportedly targeted Christians and humanitarian aid workers, according to religious media. Approximately 30 persons were killed in the attack at Kompienbiga cattle market near Pama in the east and at least 25 in attacks on two convoys, including a humanitarian one, near Barsalogo in the north.

On August, 11, the Grand Imam of Djibo Souaibou Cisse was kidnapped by armed assailants at Gaskinde while travelling in a bus in Soum Province. His body was found on August 15. President Kabore condemned the killing as “revealing the deeply backward and inhuman nature of its authors.”

On September 15, 50 militants stormed the village of Kontiana, Yagha Province, looking for government forces, informants, and civil servants, according to social media. They threatened Imam Hamadou Amadou and told the villagers to leave or they would burn the village down. The militants left after four hours.

On October 16, the high commissioner of Koulpeologo Province in Centre-Est Region declared a curfew from 8 P.M. to 4:30 A.M. following threats by militants, who told the local population to close school and bars, to stop brewing local beer, and to wear trousers above the ankle.

On November 28, armed assailants attacked Mansila in Yagha Province, killed one individual, kidnapped the imam, and shot two others. Two days earlier, the same group attacked villagers with whips and ordered men to wear pants above the ankle and women to wear a veil, which they said was required based on their interpretation of the teachings of Islam.

The constitution establishes the state as secular and affirms the separation of religion and state. The constitution provides for freedom of religion and equality before the law without distinction as to religion. These rights may be regulated by law and may be limited by law only to ensure mutual respect for the rights of others and for the “imperative” of safeguarding public order and good morals. It prohibits “denominational propaganda” that infringes on national unity or the secular nature of the state.

In December, the government adopted constitutional amendments that removed a denominational oath of office that had required government directors and secretaries general and above to take an oath “under God” or “under Allah.”

Under the law, all associations, religious or otherwise, must register with the Ministry of Territorial Administration and Decentralized Territorial Collectivities. Associations must provide a list of all the founding members and their positions in the organization, founders’ resumes, copies of the founders’ identification cards, minutes of the establishment meetings, a letter to the minister requesting registration, principal source of the organization’s revenue, address of the organization, a copy of its rules and procedures, and statutory documents of the organization. The ministry conducts background checks on every founding member and establishes a six-month temporary, but renewable, authorization to operate, pending final authorization and approval. Failure to register with the ministry means that organizations are not considered legal entities and may not open bank accounts or enter into contracts; it may also lead to the banning of a group. Group founders or board members may be subject to one month to one year in prison and a fine of 50,000 to 500,000 CFA francs ($94 to $940) for failure to register. Registration does not confer tax preferences or other benefits.

Burqas, defined by ministerial notice as any garment where one sees only the eyes, are forbidden by ministerial decree. The ministerial notice also applies to niqabs, although this reportedly is not enforced.

The constitution states public education shall be secular. The government prohibits religious instruction in public schools but permits religious groups to operate private schools, and there are numerous schools operated by Muslims, Catholics, and Protestants.

The HCIA, an independent government body, oversees Islamic religious activities, including some Arabic-language schools and institutions of higher learning, and represents the country’s Muslim community at international Islamic forums. The government approves those nominated by members of the HCIA to serve on the council. Wahhabis are nominated to serve on the council but have not participated due to their stated concerns regarding the council’s role in the government ban on their activities. Muslim Brotherhood adherents are also represented on the council, operating under the umbrella of Sufi groups rather than as overt representatives of Muslim Brotherhood groups. The Grand Imam of N’Djamena, who is selected by a committee of Muslim elders and approved by the government, is the de jure president of the HCIA and oversees the heads of the HCIA branches and grand imams from each of the country’s 23 regions. He has the authority to restrict Muslim groups from proselytizing, regulate the content of mosque sermons, and control activities of Islamic charities. In practice, he does not regulate sermons.

The Office of the Director of Religious and Traditional Affairs under the Ministry of Territorial Administration and Decentralized Territorial Collectivities oversees religious matters. The office is responsible for mediating intercommunal conflict, reporting on religious practices, and ensuring religious freedom. It also reports concerns and suggestions regarding religious activities to the Minister of Territorial Administration, who has the authority to ban or sanction activities. The position of office director rotates every two years among Muslims, Protestants, and Catholics. The office contains a special bureau for Hajj and Umrah under the supervision of the Presidency of the Republic, with members chosen annually by presidential decree. The HCIA deals directly with the Ministry of Territorial Administration and Decentralized Territorial Collectivities or with the civil office of the President of the Republic to address concerns with Wahhabi groups.

The constitution states military service is obligatory, and it prohibits invoking religious belief to “avoid an obligation dictated by the national interest.” This statute largely applies in case of wartime mobilization, since the country does not have universal military conscription.

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

The government maintained its ban on the leading Wahhabi group, Ansar al-Sunna. According to civil rights organizations, enforcement was difficult, and adherents continued to meet and worship in their own mosques. Local media reported that many security force officials belonged to the same tribes and came from the same regions as the Wahhabi leaders, resulting in lax implementation of government decisions, favoritism, and bribery. Local Arabic-language media reported that the HCIA president reconciled with Wahhabi groups, unlike his predecessor, who was generally anti-Wahhabist. Due to the government ban on their activities, Wahhabis received financial support from abroad as individuals rather than as a group, according to local Arabic-language media.

The government continued to deploy security forces around both Islamic and Christian places of worship, in particular on Fridays around mosques and Sundays around churches, as well as on other occasions for religious events.

Between March and June, the government closed all gathering places, including places of worship, to fight the spread of COVID-19. The measures applied to all religious groups in the same manner, and national Muslim, Protestant, and Catholic leaders all supported these government restrictions in public statements and encouraged believers to pray at home. Local media reported that Wahhabis did not support or comply with governmental restrictions, especially in the northern and northeastern neighborhoods of N’Djamena. The government lifted restrictions on public communal worship in June and promoted social distancing measures. Mosques and Protestant churches reopened in June, while Catholic churches chose to delay their reopening until July, citing COVID-19 transmission concerns.

According to media, the government’s elimination in December of the denominational oath of office that had required senior government officials to take an oath “under God” or “under Allah” was widely popular.

The constitution states Islam is the state religion and citizens shall draw principles and rules to regulate worship and social life from the Shafi’i school of Sunni Islam. The preamble “affirms the will of the Comorian people” to cultivate a national identity based on a single religion, Sunni Islam. It proclaims equality of rights and obligations for all individuals regardless of religion or belief. A law establishes the Sunni Shafi’i doctrine as the “official religious reference” and provides sanctions of five months’ to one year’s imprisonment, a fine of 100,000 to 500,000 Comorian francs ($250-$1,200), or both, for campaigns, propaganda, or religious practices or customs in public places that could cause social unrest or undermine national cohesion.

The law prohibits anyone from insulting a minister of religion in the exercise of his functions, punishable by a fine of 15,000 to 45,000 francs ($37-$110) and imprisonment of six months to two years.

Proselytizing for any religion except Sunni Islam is illegal, and the law provides for deportation of foreigners who do so. The penal code states, “whoever discloses, spreads, and teaches Muslims a religion other than Islam will be punished with imprisonment of three months to one year and a fine of 50,000 to 500,000 Comorian francs” ($120-$1,200).

There is no official registration process for religious groups. The law allows Sunni religious groups to establish places of worship, train clergy, and assemble for peaceful religious activities. It does not allow non-Sunni religious groups to assemble for peaceful religious activities in public places, although foreigners are permitted to worship at three Christian churches in Moroni, Mutsamudu, and Moheli, and foreign Shia Muslims are permitted to worship at a Shia mosque in Moroni.

The law prohibits proselytizing or performance of non-Sunni religious rituals in public places, based on “affronting society’s cohesion and endangering national unity.” Without specifying religion, the penal code provides penalties for the profaning of any spaces designated for worship, for interfering with the delivery of religious leaders in the performance of their duties, or in cases where the practice of sorcery, magic, or charlatanism interferes with public order.

According to the constitution, the Grand Mufti is the highest religious authority in the country. The President appoints the Grand Mufti, who manages issues concerning religion and religious administration. The Grand Mufti heads an independent government institution called the Supreme National Institution in Charge of Religious Practices in the Union of the Comoros. The Grand Mufti counsels the government on matters concerning the practice of Islam and Islamic law. The Grand Mufti chairs and periodically consults with the Council of Ulema, a group of religious elders cited in the constitution, to assess whether citizens are respecting the principles of Islam.

The law provides that before the month of Ramadan, the Ministry of Islamic Affairs and the Council of Ulema publish a ministerial decree providing instructions to the population for that month.

The government uses the Quran in public primary schools for Arabic reading instruction. There are more than 200 government-supported, fee-based schools with Quranic instruction. The tenets of Islam are sometimes taught in conjunction with Arabic in public and private schools at the middle and high school levels. Religious education is not mandatory.

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

On August 28, security forces, operating on orders from Interior Minister Mohamed Daoudou, arrested seven Shia Muslims on Anjouan and four on Grande Comore for commemorating Ashura in public. According to a local Shia leader, the gendarmerie released the 11 individuals after four days of detention. Shia community members reported government surveillance during religious commemorations important to their community such as Ashura.

There were no reports of arrests of citizens engaged in other religious practices during the year, but members of non-Sunni groups and other minority religious groups reported self-censorship and stated they practiced only in private to avoid being harassed by the government.

According to a Shia leader in Moroni, a cultural center operated in Moroni, on Grande Comore, where Shia practiced their religion, but where police also intervened on Ashura and arrested Comorians attending.

In contrast with previous years, there were no reports of national leaders making public statements against religious minorities.

Expatriate Christian community members reported they had been waiting for more than three years for a government response to their application for a license to build a new church.

Islam is the religion of the state, according to the constitution. The constitution mandates the government respect all faiths and guarantees equality before the law, regardless of one’s religion. The law does not impose sanctions on those who do not observe Islamic teachings or who practice other religious beliefs. The constitution prohibits religiously based political parties.

It is illegal for any faith to proselytize in public.

The Ministry of Islamic and Cultural Affairs has authority over all Islamic matters and institutions, including mosques, religious events, and private Islamic schools. Imams are civil service employees of the ministry; the government owns mosque properties and other assets. The ministry’s High Islamic Council vets all Friday prayer service sermons.

The Ministry of Islamic and Cultural Affairs and the Ministry of Education jointly oversee the school curricula and teacher certification of approximately 40 Islamic schools, except for religious schools run by the Kingdom of Saudi Arabia in the country, which follow the Saudi curriculum. Other international schools are permitted to offer their own curriculum. The public school system is secular. Private schools run by religious organizations must offer a civic and moral education course based on Islam to all students, including non-Muslims.

The President swears an Islamic religious oath.

Muslims may bring personal status matters such as marriage, divorce, and inheritance either to family courts, whose code includes elements of civil and Islamic law, or to civil courts. Civil courts address the same matters for non-Muslims. Citizens are officially considered Muslims if they do not specifically identify with another religious group. The family courts, referred to as sharia courts, have two stages. The complainant first brings the grievance to the neighborhood council (Qadi), which either issues a judgment or transmits the case to the family court. If the complainant is not satisfied with the decision of the Qadi or the family court, he or she may appeal to the court of first instance of the family court or the supreme Sharia Council.

The government requires all foreign and domestic religious groups to register by submitting an application to the Ministry of Interior, which conducts a lengthy background investigation of the group. The investigation reviews group leadership, religious affiliation, sources of finance, and the group’s objectives within the country. Ties to religious groups considered extremist, strong political agendas, and relations with unfriendly foreign nations are factors that could cause a group’s application to be rejected. Domestic and foreign Muslim religious groups must inform the High Islamic Council at the Ministry of Islamic and Cultural Affairs of their existence and intent to operate. Muslim and non-Muslim foreign religious groups must also gain approval from the Ministry of Foreign Affairs to operate in the country. Once approved, every foreign religious group signs a one-year agreement detailing the scope of its activities, and its workers must obtain work permits and purchase annual residency cards. Foreign religious groups must submit quarterly reports to the Ministry of Foreign Affairs and renew their agreements every year. The quarterly report details activities, origin of funding for activities, and scope of work completed, and it identifies beneficiaries. The religious groups may not operate in the interim while awaiting registration.

The country is a party to the International Covenant on Civil and Political Rights. The country has declared a reservation regarding proselytizing in open public spaces.

Since 2014, the Ministry of Islamic and Cultural Affairs has overseen all Islamic matters, and mosques have little operational independence. A ministry representative stated that government control and oversight of mosques was necessary to preclude political activity from mosques and counter foreign “extremist” influence.

The government continued to permit registered non-Islamic groups, including Catholic, Protestant, Greek Orthodox, and Ethiopian Orthodox churches, to operate freely, according to Christian leaders. Religious signage was permitted at the Catholic Church. Muslim citizens were permitted to enter Christian churches, although societal pressure discouraged conversion. There were no limitations on the importation of religious literature for registered non-Islamic groups. No other Christian groups and no non-Christian groups had legal recognition from the government. The government subsidized the cost of utilities at some church properties of registered non-Islamic groups, since it considered some church properties to be part of the national patrimony. Religious groups not registered with the government, including the Ethiopian Protestant and non-Sunni Muslim congregations, which applied for registration years ago, operated without government sanction. Observers stated these groups and other religious minorities hosted worship gatherings in private housing and usually at night, in part because of reduced police presence at that time.

In September, the Ministry of Islamic and Cultural Affairs collaborated with the Ministry of Youth and Sports to invite a well-known Somali Islamic scholar, Sheik Moustapha Ismail, to preach at several mosques and host a large event at the national stadium. The events were intended to encourage and revive religious practice among youth.

The government continued to allow non-Islamic religious groups to host events and proselytize on the groups’ private property; in practice, groups refrained from proselytizing in public spaces such as hotels or street corners due to cultural sensitivities and the threat of government intervention. Government officials noted that any violation of the law forbidding public proselytizing would summon the police. The government continued to permit a limited number of Christian missionaries to sell religious books and pamphlets at a bookstore in Djibouti City.

The government continued to issue visas to foreign Islamic and non-Islamic clergy and missionaries but required they belong to registered religious groups before they could work in the country or operate nongovernmental organizations. The government required foreign religious leaders to regularize their status by purchasing an annual residency card for 24,000 Djiboutian francs ($140).

According to observers, it would be practically impossible for a non-Muslim to achieve a high position in government service.

Local public schools continued to observe only Islamic holidays, but under the direction of the Ministry of Education, schools in refugee camps continued to permit students of other religious groups to miss class for their respective religious holidays. The ministry continued work on revising the national curriculum, including reforming civic and moral education courses to promote religious inclusivity.

The government continued to implement a civic and moral education course, based on Islam, in public schools across the country. According to a Christian religious leader, private schools run by non-Muslim religious groups were required to teach the Islam-focused course.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The constitution states, “Every person shall have the freedom to practice any religion and to manifest such practice” subject to laws that may impose such “reasonable restrictions” as necessary for national security, public order, decency, or morality. The constitution also states that such freedom “not impinge on the rights and freedoms of others or on the national interest, especially unity.” The constitution prohibits religious discrimination, the establishment of a state religion, and religiously based political parties. It provides for the establishment of qadi courts, with judges trained in the Islamic legal tradition. The courts are located in each of the country’s seven regions, and their jurisdiction applies only to marriage, divorce, child custody, and inheritance where all the involved parties are Muslims. Citizens may choose to use either the civil or qadi courts.

There are no formal guidelines for registration of religious groups. Religious groups that do not provide social services are not legally required to register. Faith-based groups that provide social services as nongovernmental organizations (NGOs) must meet the same eligibility criteria as other NGOs. By law, all NGOs are required to register with the NGO Affairs Agency and register as charities at the attorney general’s chambers under the Companies Act. They are required to have governing boards of directors of at least seven members responsible for policy and major administrative decisions, including internal control. This law also requires that all NGOs submit to the NGO Affairs Agency a detailed annual work program and budget, a detailed annual report highlighting progress on activities undertaken during the year, work plans for the following year, and financial statements audited by NGO Affairs Agency-approved auditors. The government has stated the submissions help the NGO Affairs Agency monitor NGO activities.

The law does not require public or private schools to include religious instruction in their curricula. The government, through the Ministry of Basic and Secondary Education, provides religious education teachers to public schools to teach an academic course on major world religions. The majority of public schools offer this course, and most students take the class. Some private schools also offer classes in religious education and tolerance and provide an overview of major world religions.

The constitution bans political parties organized on the basis of religion.

The Ministry of Lands and Regional Affairs continued to oversee the portfolio of religious affairs.

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

In September, the National Assembly rejected the draft of a proposed new constitution, for which consultation and drafting began in 2018. During debate over the draft, the Gambia Christian Council (GCC) and the SIC disagreed over the inclusion of the word “secular” in the draft constitution to describe the nature of the state. The 1997 constitution currently in effect does not include the phrase. The GCC said, however, that the language was needed, since former President Yahya Jammeh had declared the country an “Islamic Republic” in 2015 – a declaration that was rescinded by President Adama Barrow soon after he took office in 2017. President Barrow refrained from any public comment on the debate concerning the inclusion of the word “secular’ in the draft constitution. Sources stated that members of the National Assembly supportive of the President rejected the draft constitution for reasons unrelated to the “secular” issue, but rather because of limitations on executive power and retroactive presidential term limits.

The GCC stated that the draft constitution lacked three key guarantees and safeguards: the country’s secular identity as currently guaranteed in law by an act of parliament, protection against discrimination and persecution of minority groups, and the protection of the state against another unilateral declaration of an Islamic Republic. Christian commentators also said that the introduction of a sharia high court in the draft constitution to run parallel to the High Court would be discriminatory to both Christians and women. They also expressed concern that the draft expanded the authority of sharia courts and gave them jurisdiction over Christians in interfaith marriages and families, although the drafters disputed this interpretation.

The Muslim community, through the SIC, said the country should remain a nonsecular state, reflecting the country’s Islamic majority and the religious devotion of Gambians of all faiths, and said the nonsecular status since the inception of the country had provided “all the peaceful coexistence and liberty to embrace any conviction and right to join any religion without being subjected to any restraint or persecution.” According to media reports, the September rejection of the draft by the legislature for reasons not related to the “secular republic” issue left the next steps in the adoption of a new constitution uncertain.

Starting in March, authorities placed restrictions on gatherings for religious worship due to the COVID-19 pandemic. According to a local source, on April 17, government security forces arrested an imam and more than 30 worshippers in a mosque in Kerr Alhagie Keru village, North Bank Region. Those arrested were later charged and released on bail. Similar arrests took place in the West Coast Region villages of Gidda and Bwiam.

President Barrow read televised statements during major Islamic and Christian religious holidays in which he stressed his administration’s commitment to promoting religious tolerance.

The constitution states the state is secular, prohibits religious discrimination, and provides for the right of individuals to choose and profess their religious faith. It recognizes the right of religious institutions and groups to establish and manage themselves freely. It bars political parties that identify with a particular religious group. These rights are subject only to “those limits that are indispensable to maintain the public order and democracy.”

By law, the SRA must approve all religious groups. Groups must provide a written constitution and application to the SRA along with their address and a fee of 250,000 Guinean francs ($25). The SRA then sends the documents to the Ministry of Territorial Administration and Decentralization for final approval and signature. Once approved, the group becomes officially recognized. Every six months, each registered religious group must present a report of its activities to the government. Registering with the government entitles religious groups to an exemption from the value-added tax (VAT) on incoming shipments and makes them eligible for select energy subsidies.

Unregistered religious groups are not entitled to VAT exemptions and other benefits. By law, the government may shut down unregistered groups and expel their leaders. There is limited opportunity for legal appeal of these penalties.

Religious groups may not own radio or television stations.

The compulsory primary school curriculum does not include religious studies. Many parents send their children to Quranic schools (madrassahs), either in addition to primary school or as their primary form of education.

The imams and administrative staff of the principal mosque in Conakry and the principal mosques in the main cities of the four regions are government employees. These mosques are directly under the administration of the government. Other mosques and some Christian groups receive government subsidies for pilgrimages.

The Secretary General of Religious Affairs (SRA) appoints national directors to lead the Offices of Christian Affairs, Islamic Affairs, Pilgrimages, Places of Worship, Economic Affairs and the Endowment, and Inspector General. The SRA is charged with promoting good relations among religious groups and coordinates with other members of the informal Interreligious Council, which is composed of Muslims and members from Catholic, Anglican, and other Protestant churches, as well as the SRA.

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

The SRA continued to issue guidance outlining themes for discussion during Friday sermons at mosques and Sunday sermons in churches. The stated purpose of the weekly guidance was to harmonize religious views in order to prevent radical or political messages in sermons. Although the SRA did not monitor sermons at every mosque and church, its inspectors were present in every region and were responsible for ensuring that mosque and church sermons were consistent with SRA directives. Clerics whom the SRA judged to be noncompliant were subject to disciplinary action. Deviations from approved guidance were often reported in various sermons at mosques and other Islamic events, but the SRA said it had difficulty imposing disciplinary sanctions.

As part of its measures to limit the spread of COVID-19, the government closed all places of worship on March 26. During the month of Ramadan, according to local media reports, there were instances of mosques in Kamsar and Dubreka refusing to obey the government order and remaining open for prayers. In June, the government authorized reopening places of worship in regions with low COVID-19 case counts. The government announced on September 3 the full reopening of places of worship after religious leaders publicly called for a lifting of restrictions. Since the SRA holds a cabinet level position, sources stated that religious associations were able to effectively lobby the SRA, and in turn the government, that places of worship should reopen on the grounds that the government had previously approved numerous political rallies without proper health measures while keeping places of worship closed.

Both Jehovah’s Witnesses and the Baha’i community have not requested official recognition. Some groups stated they preferred not to have a formal relationship with the SRA since a lack of recognition granted them more freedom, as they preferred not to be subject to state regulations in the same way as an officially recognized community.

Islamic schools were prevalent throughout the country and remained the traditional forum for religious education. Some Islamic schools were wholly private, while others received local government support. Islamic schools, particularly common in the Fouta Djallon region, taught the compulsory government curriculum along with additional Quranic studies. Private Christian schools in Conakry and other large cities accepted students of all religious groups. They taught the compulsory curriculum but did not receive government support, and they held voluntary Christian prayers before school.

The government allocated free broadcast time on state-owned national television for Islamic and Christian programming, including Islamic religious instruction, Friday prayers from the central mosque, and church services. The government permitted religious broadcasting on privately owned commercial radio, and encouraged equal time for Christian and Muslim groups.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The constitution declares Islam “the religion of the state” but safeguards “the free exercise of all forms of worship and religious rites,” as long as these are consistent with public order and morality. It stipulates there shall be no discrimination in the rights and duties of citizens on grounds of religion and states the King must be a Muslim. The constitution allows for religious courts, including sharia courts for Muslims and ecclesiastical courts for Christian denominations recognized by the government. According to the General Ifta’ Department, in adjudicating personal status cases, sharia courts follow the Hanafi school of Islamic jurisprudence.

The constitution does not address the right to convert to another faith, nor are there penalties under civil law for doing so. The constitution and the law, however, allow sharia courts to determine civil status affairs for Muslims; these courts do not recognize converts from Islam to other religions. Under sharia, converts from Islam are still considered Muslims and are subject to sharia but are regarded as apostates. Neither the penal code nor the criminal code specifies a penalty for apostasy. Sharia courts, however, have jurisdiction over marriage, divorce, and inheritance, and individuals declared to be apostates may have their marriages annulled or be disinherited, except in the case of a will that states otherwise. Any member of society may file an apostasy complaint against such individuals before the Sharia Public Prosecution. The Sharia Public Prosecution consults with the Council of Church Leaders (CCL), a government advisory body comprising the heads of the country’s 11 officially recognized Christian denominations, before converting a Christian to Islam to make sure the conversion is based on religious conviction and not for purposes of marriage and/or divorce. The penal code contains articles criminalizing acts such as incitement of hatred, blasphemy against Abrahamic faiths, undermining the regime, or portraying citizens in a manner that violates their dignity. The penal code criminalizes insulting the Prophet Muhammad, punishable by one to three years imprisonment. The law also provides a term of imprisonment not exceeding three months or a fine not exceeding 20 Jordanian dinars ($28) for anyone who publishes anything that offends religious feelings or beliefs.

Authorities may prosecute individuals who proselytize Muslims under the penal code’s provisions against “inciting sectarian conflict” or “harming the national unity.” Both of these offenses are punishable by imprisonment of up to three years or a fine of up to 200 dinars ($280).

Islamic religious groups are granted recognition through the constitution and do not need to register with the government. Non-Islamic religious groups must obtain official recognition through registration. If registered as “denominations,” they may administer rites such as marriage. Recognized religious groups may also own land, open bank accounts, and enter into contracts. Religious groups may alternatively be registered as “associations.” If so, they must work through a recognized denomination on matters such as marriage, divorce, and inheritance, but they may own property and open bank accounts. They must obtain government approval to accept foreign funding. Recognized non-Islamic religious groups are tax-exempt but do not receive the government subsidies granted to Islamic religious groups.

Religious groups not recognized as denominations or associations lack legal status and may not undertake basic administrative tasks such as opening bank accounts, purchasing real estate, or hiring staff. Individuals may exercise such activities on behalf of the unrecognized group, however. To register as a recognized religious denomination, the group must submit its bylaws, a list of its members, its budget, and information about its religious doctrine. In determining whether to register or recognize Christian groups, the Prime Minister confers with the Ministry of the Interior (MOI) and the CCL. Although the practice is not explicitly mandated by law, church leaders have stated that the CCL must endorse recognition for new Christian groups prior to the Prime Minister’s approval. To achieve official recognition as denominations, Christian groups must be recommended by the MOI and approved by the cabinet. The government also refers to the following criteria when considering recognition of Christian groups: the group’s teachings must not contradict the nature of the constitution, public ethics, customs, or traditions; the Middle East Council of Churches, a regional body comprising four families of churches (Catholic, Orthodox, Eastern Orthodox, and Protestant/Evangelical), must recognize it; its religious doctrine must not be antagonistic to Islam as the state religion; and the group’s membership must meet a minimum number of citizens, although a precise figure is not specified.

An annex to the 2014 Law for Councils of Christian Denominations lists 11 officially recognized Christian religious groups: Greek Orthodox, Roman Catholic, Armenian Orthodox, Melkite Catholic, Anglican, Maronite Catholic, Lutheran, Syrian Orthodox, Seventh-day Adventist, United Pentecostal, and Coptic. In 2018, five additional evangelical Christian denominations, formerly registered under the Ministry of Justice (MOJ), were recognized by the MOI as associations, but none have been permitted to establish an ecclesiastical court: the Free Evangelical Church, Church of the Nazarene, Assemblies of God, Christian and Missionary Alliance, and Baptist Church. The government granted legal status as an association to The Church of Jesus Christ of Latter-day Saints in 2018.

The CCL serves as an administrative body to facilitate tax and customs exemptions, as well as the issuance of civil documents related to marriage or inheritance. In other matters, such as issuing work permits or purchasing land, the denominations interact directly with the relevant ministries. Religious groups that do not have representatives on the CCL handle administrative tasks through the ministry relevant to the task. Non-recognized Christian groups do not have representatives on the CCL, have no legal status as entities, and must have individual members of their groups conduct business with the government on their behalf.

According to the constitution, a special provision of the law regulates the activities and administration of finances of the Islamic awqaf (religious endowments). Per this provision of the law, the Ministry of Awqaf Islamic Affairs and Holy Places (Ministry of Awqaf) manages mosques, appoints imams, pays mosque staff salaries, manages Islamic clergy training centers, and subsidizes certain mosque-sponsored activities, such as holiday celebrations and religious observances. Other Islamic institutions are the Supreme (Sharia) Justice Department, headed by the Office of the Supreme (Sharia) Justice (OSJ) and in charge of the sharia courts, and the General Ifta’ Department, which issues fatwas.

The government requires imams to adhere to officially prescribed themes for Friday sermons. Muslim clergy who do not follow government policy may be suspended, issued a written warning, banned from delivering Friday sermons for a certain period, or dismissed from the Ministry of Awqaf. In addition to these administrative measures, a preacher who violates the law may be imprisoned for a period of one week to one month or given a fine not to exceed 20 dinars ($28).

The law forbids any Islamic cleric from issuing a fatwa unless authorized by an official committee headed by the Grand Mufti in the General Ifta’ Department. This department is independent from the Ministry of Awqaf, with the rank of Grand Mufti being equal to that of a government minister.

The law prohibits the publication of media items that slander or insult “founders of religion or prophets” or that are deemed contemptuous of “any of the religions whose freedom is protected by the constitution,” and it imposes a fine on violators of up to 20,000 dinars ($28,200). The government’s Media Commission regulates the publishing and distribution of all books and media. If the Media Commission deems that passages “violate public norms and values, are religiously offensive, or are insulting” to the King, it can request a court order to prohibit the distribution of the book.

By law, public schools provide Islamic religious instruction as part of the basic national curriculum; non-Muslim students are allowed to opt out. Private schools may offer alternative religious instruction. The constitution provides “congregations” (a term not defined in the constitution, but which, according to the legal code, includes religious groups recognized as denominations and associations) the right to establish their own schools, provided “they comply with the general provisions of the law and are subject to the control of government in matters relating to their curricula and orientation.” To operate a school, religious institutions must receive permission from the Ministry of Education, which ensures the curriculum meets national standards. The ministry does not oversee religious courses if religious groups offer them at their places of worship. In several cities, Christian groups – including Baptists, Orthodox, Anglicans, and Roman Catholics – operate private schools and are able to conduct classes on Christianity. Private schools, both nonreligious and religious, are open to adherents of all religions.

Knowledge of the Quran is required by law for Muslim students in both public and private schools but is optional for non-Muslims. Every student, however, must pass an Arabic language exam in their final year of high school that includes linguistic mastery of some verses of the Quran. The Islamic religion is an optional subject for secondary education certificate exams for non-Muslim students following the standard curriculum, or for Muslim students following international curricula.

The constitution specifies the judiciary shall be divided into civil courts, religious courts, and special courts, with religious courts divided into sharia courts and tribunals of other religious communities. According to the constitution, matters concerning personal status, which include religious affiliation, marriage, divorce, child custody, and inheritance, are under the jurisdiction of religious courts. Matters of personal status in which the parties are Muslim fall within the exclusive jurisdiction of the sharia courts. A personal or family status case in which one party is Muslim and the other is non-Muslim is heard by a civil court unless both parties agree to use a sharia court. Per the constitution, matters of the personal status of non-Muslims whose religion the government officially recognizes are under the jurisdiction of denomination-specific courts of religious communities, except for matters of inheritance, when sharia is applied to all persons, regardless of religious affiliation. Such ecclesiastical courts exist for the Greek Orthodox, Roman Catholic, Melkite Catholic, Armenian Orthodox, Coptic, Syrian Orthodox, and Anglican communities. According to the law, members of recognized religious groups lacking their own courts may take their cases to civil courts, which, in principle, follow the rules and beliefs of the litigants’ denomination in deciding cases, unless both parties to a case agree to use a specific religious court. There are no tribunals for atheists or adherents of nonrecognized religious groups. Such individuals must request a civil court to hear their case.

The OSJ appoints sharia judges, while each recognized non-Islamic religious community selects the structure and members of its own tribunal. The law stipulates the cabinet must ratify the procedures of each non-Islamic religious (ecclesiastical) court. All judicial nominations must be approved by a royal decree.

According to the constitution, sharia courts also exercise jurisdiction with respect to cases concerning “blood money” (diya) in which the two parties are Muslims or one of the parties is not a Muslim and the two parties consent to the jurisdiction of the sharia courts. Sharia courts also exercise jurisdiction with regard to matters pertaining to Islamic awqaf. Muslims are also subject to the jurisdiction of sharia courts on civil matters not addressed by civil status legislation.

Sharia courts do not recognize converts from Islam as falling under the jurisdiction of their new religious community’s laws in matters of personal status. Sharia court judges may annul the marriages of converts and transfer child custody to a Muslim nonparent family member or declare the children “wards of the state” and convey an individual’s property rights to Muslim family members.

According to sharia, marriages between a Muslim woman and a non-Muslim man are not permitted; the man must convert to Islam for the marriage to be considered legal. If a Christian woman converts to Islam while married to a Christian man, her husband must also convert to Islam for their marriage to remain legal. If a Christian man converts to Islam while married to a Christian woman, the wife does not need to convert to Islam for the marriage to remain legal. There is no legal provision for civil marriage or divorce for members of nonrecognized religious groups. Members of nonregistered Christian groups, as well as members of groups registered as associations, may obtain marriage certificates from any recognized Christian denomination such as the Anglican Church, which they then may take to the Civil Status Bureau to receive their government marriage certificates.

Sharia governs all matters relating to family law involving Muslims or the children of a Muslim father. The Personal Status Law (PSL) stipulates that mothers, regardless of religious background, may retain custody of their children until age 18. Minor children of male citizens who convert to Islam are considered Muslims and are not legally allowed to reconvert to their father’s prior religion or convert to any other religion. Like citizenship, religion is transmitted only via the father.

In accordance with sharia, adult children of a man who has converted to Islam become ineligible to inherit from their father if they do not also convert to Islam, unless the father’s will states otherwise. All citizens, including non-Muslims, are subject to the PSL, which mostly follows Islamic legal provisions regarding inheritance if no equivalent inheritance guidelines are codified in their religion or if the state does not recognize their religion. In practice, Christian ecclesiastical courts use sharia-based rules to adjudicate inheritance.

National identification cards issued since May 2016 do not list religion, but religious affiliation is contained in records embedded in the card’s electronic chip and remains on file in other government records. National identification cards are renewed every 10 years. Passports issued since May 2016 do not list religion. Passports are renewed every five years. Atheists and agnostics must list the religious affiliation of their fathers as their own. Per the ban on conversion from Islam under sharia, converts from Islam to Christianity are not allowed to change their religion on electronic records. Converts from Christianity to Islam must change their religion on their civil documents, such as family books (a national registration record issued to every head of family), and on electronic records.

According to the electoral law, Christians are allocated nine of 130 parliamentary seats. Christians may not run for additional seats. No seats are reserved for adherents of other minority religious groups. The law stipulates that Muslims must hold all parliamentary seats not specifically reserved for Christians. There are no reserved seats for the Druze population. The government classifies Druze as Muslims and permits them to hold office as Muslims.

The National Center for Human Rights, a quasi-independent institution established by law, receives both government and international funding. The Prime Minister nominates its board of trustees, and the King ratifies their appointment by royal decree. The board appointed in 2019 includes Islamists, former ministers, former judges, members of parliament, religious leaders, and civil society representatives.

Political parties may not be formed on the basis of religion.

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

Converts to Islam from Christianity continued to report security officials questioning them about their religious beliefs and practices, as well as some instances of surveillance, as part of the government’s effort to prevent conversions of convenience for the purpose of receiving advantageous divorce or inheritance benefits. Some converts to Christianity from Islam reported they continued to worship in secret to avoid scrutiny by security officials. Because of the sharia ban on conversion, government officials generally refused to change the religion listed on official documents from Islam to any other religion. Accordingly, the converts’ religious practice did not match their official religion, opening them up to claims of apostasy and personal status issues involving marriage, divorce, and inheritance.

During the year, the government Media Commission banned distribution of 20 books for insulting religion as well as displaying pornographic images and promoting homosexuality.

Members of religious groups unable to obtain religious divorces converted to another Christian denomination or to Islam to divorce legally, according to reports from religious leaders and the MOJ. The chief of the OSJ continued to ensure that Christians wanting to convert to Islam did not have a pending divorce case at one of the Christian religious courts to prevent them from converting for the sole purpose of obtaining a legal divorce. The OSJ continued to enforce the interview requirement for converts to Islam, introduced in 2017, to determine whether their conversion reflected a genuine religious belief.

In March, as part of its COVID-19 response and prevention measures, the government ordered comprehensive lockdowns on Fridays and Saturdays. In October, the government eased the lockdown restrictions to Fridays only, allowing movement every other day of the week. On the day after that announcement, in response to the change, Muslim worshipers organized small-scale, uncoordinated, protests across the country. Protesters stated they viewed the decision as unfairly limiting religious services for Muslims, who attend prayers on Friday. Subsequently, the government amended its decision, lifting the lockdown for one hour on Fridays and allowing worshipers to commute to their local mosques by foot. Churches reported they continued to meet online and in-person.

The Ministry of Awqaf continued to monitor sermons at mosques and required that preachers refrain from political commentary. Authorities continued to disseminate themes and required imams to choose from a list of recommended texts for sermons. Imams violating these rules risked being fined or banned from preaching. Unofficial mosques continued to operate outside Ministry of Awqaf control in many cities, and imams outside of government employment preached without Ministry of Awqaf supervision. Ministry of Awqaf investigations uncovered some unregistered imams leading prayers in mosques during the year. In these cases, the government ordered all attendees and imams to cease their activities and gather in a designated mosque in their area for the Friday sermons led by a registered imam. Friday prayers in major cities were consolidated into central mosques, over which the Ministry of Awqaf had more oversight, continuing a process that began in 2018. The Ministry of Awqaf allowed smaller mosques to continue Friday sermons along with their areas’ central mosque.

During the year, expatriate religious volunteers from the evangelical Christian community continued to report bureaucratic delays in the renewal of residency permits. In 2018 the government began enforcing a new residency policy to limit the ability of churches to sponsor religious volunteers for residency. Observers suggested that the volunteers were illegally proselytizing Muslims. Authorities previously allowed the churches to obtain residency status for religious volunteers with the approval of the MOI and a letter of sponsorship from the church. Volunteers were required to obtain additional approvals, including from the Ministry of Labor, lengthening the average renewal process by several months, according to church officials. Some expatriate religious volunteers reported the government refused to grant residency permission, forcing them to depart the country.

The government policy of not recognizing the Baha’i Faith continued, but the government continued to allow Baha’is to privately practice their religion and included them in interfaith events. Sharia courts and the courts of other recognized religions continued not to issue Baha’is the marriage certificates required to transfer citizenship to a foreign spouse or to register for government health insurance and social security. The Department of Civil Status and Passports also continued not to recognize marriages conducted by Baha’i assemblies, but it issued family books to Baha’is, allowing them to register their children, except in cases of marriages between a Baha’i man and a Baha’i woman erroneously registered as Muslim. In those cases, the children were considered illegitimate and were not issued birth certificates or included in family books and subsequently were unable to obtain citizenship or register for school. The Baha’is were able to obtain some documents such as marriage certificates through the civil courts, although they reportedly were required to pay fees that sometimes amounted to more than 500 dinars ($710) for documents normally available for five dinars ($7) through religious courts.

There continued to be two recognized cemeteries registered in the name of the Baha’i Faith through a special arrangement previously agreed between the group and the government. Baha’i leaders reported they continued to be unable to register other properties under the name of the Baha’i Faith but remained able to register property under the names of individual Baha’is. In doing so, the Baha’i leaders said they continued to have to pay new registration fees whenever they transferred property from one person to another at the death of the registered owner, a process that created a large financial burden. Baha’i leaders said they were using the civil courts to challenge their group’s property registration restrictions. The Baha’i community’s request for religious exemptions for property registration fees remained pending.

The government continued to deny official recognition to other religious groups, including the Jehovah’s Witnesses. Some nonrecognized religious groups reported they continued to operate schools and hospitals and they were able to hold services and meetings if they were low profile.

Security forces were largely diverted to COVID-19 response and prevention measures, and the nationwide ban on large gatherings negated any need for enhanced security or protection for Christian neighborhoods and churches for holidays and special events, unlike in previous years.

Religious minorities, including Christians and Druze, continued to serve in parliament and as cabinet ministers. Christians served as deputy prime minister, cabinet ministers, senators, and ambassadors. The cabinet appointed in October 2020 included one Druze member and two Christian members, unchanged from the previous cabinet.

The government continued to record Druze as Muslims on civil documents identifying the bearer’s religious affiliation, without public objection from the Druze. Druze continued to report discrimination hindered their coreligionists from reaching high positions in government civil service and official departments.

On July 15, the Court of Cassation, the country’s highest court, dissolved the Jordanian Muslim Brotherhood’s (MB) legal identity, according to the AFP, saying the organization had failed to resolve its legal status. Authorities shut down the Brotherhood’s headquarters and several offices in 2016 and transferred ownership of the property to a government-authorized offshoot, which claimed to have severed ties with the broader movement. In 2019, the court ruled the original group be dissolved on the grounds it did not renew its license as required by the law. Sheikh Hamza Mansur, head of the MB’s ruling council, said his group would appeal the decision. The court’s decision did not affect the MB’s political wing, the Islamic Action Front (IAF), which won 10 seats in the November 10 parliamentary election, down from 15 in the previous election.

The government continued to permit non-Muslim members of the armed forces to practice their religion. Christians and Druze achieved general officer rank in the military, but Muslims continued to hold most senior positions across the security and intelligence services.

The national school curriculum, including materials on tolerance education, did not mention the Holocaust, but some private schools included it in their curricula.

Members of non-Muslim religious groups continued to report occasional threats by the government to arrest them for disrupting public order if they proselytized Muslims. Security officials continued to refuse to renew residency permits for some foreign religious leaders and religious volunteers after raising concerns their activities could incite extremist attacks, according to multiple nongovernmental organizations (NGOs). Others were refused on the basis of proselytization accusations.

In a March 8 program on Yarmouk TV, associated with the Muslim Brotherhood, Ahmad al-Shahrouri, a professor of sharia at the public Al-Zaytoonah University and also the imam of the university’s mosque, said that the Jews were more dangerous than coronavirus, AIDS, cholera, and every disease in the world.

The government deemed some children, including children of unmarried women or interfaith marriages involving a Muslim woman and converts from Islam to another religion, “illegitimate” and denied them standard registration. The government issued these children, as well as orphans, special national identification numbers, which made it difficult for these children to attend school, access health services, or receive other documentation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The election law prohibits political parties based on religious affiliation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The constitution provides for freedom of conscience and religion for all residents, including the right to change, express, or not express religious belief; practice or abstain from practicing religion; and join or refuse to join a religious community. These rights are subject to limitations for reasons of public safety and order or for the protection of the health or rights of others. The constitution provides for the separation of religious communities from public institutions, including the right of religious groups to regulate independently their own organizations, activities, and ceremonies, and the right to establish religious schools and charities. It provides for equal rights for all religious communities, stipulates the country is secular and neutral regarding religion, declares the state shall ensure the protection and preservation of the country’s religious heritage, and prohibits discrimination based on religion. The constitution states the law may limit freedom of expression to prevent violent and hostile provocations on racial, national, ethnic, or religious grounds. It allows courts to ban organizations or activities that encourage racial, national, ethnic, or religious hatred.

The law on religious freedom states, “All religions and their communes in Kosovo, including the Kosovo Islamic Community, Serbian Orthodox Church, Catholic Church, Hebrew Belief Community, and Evangelical Church (the five “traditional” religious communities), shall be offered any kind of protection and opportunity in order to have rights and freedom foreseen by this law.” The constitution provides for rights and protection for all citizens, including maintaining, developing, and preserving their religion using their own language. The constitution also states religious communities have the right to establish religious schools and charitable institutions with the possibility of being funded with government financial assistance “in accordance with the law and international standards.” The constitution provides guarantees of freedom and pluralism of media. It guarantees all ethnic communities access to public media. Additional rights for religious groups include establishing and using their own media, maintaining unhindered peaceful contacts with persons outside the country with whom they share a religious identity, and having equitable access to public employment.

The constitution guarantees 20 of 120 seats in parliament to representatives from ethnic minority communities, which are often associated with a single majority religious group, such as Muslims or Orthodox Christians. It also stipulates the adoption, amendment, or repeal of all laws pertaining to religious freedom or cultural heritage requires approval by a majority of the parliamentarians representing minority communities, as well as by a majority of all parliamentarians.

The constitution provides for the Ombudsperson’s Institution, which is responsible for monitoring religious freedom, among other human rights, and recommending actions to correct violations. It stipulates the state shall take all necessary measures to protect individuals who may be subject to threats, hostility, discrimination, or violence because of their religious identity.

The law stipulates there is no official state religion, but it lists the five “traditional” religious communities that receive extra protections and benefits, including reduced taxes.

The law does not require registration of religious groups, but it also does not provide a legal mechanism or specific guidance for religious groups to obtain legal status through registration or other means. Without legal status, religious communities may not own property, open bank accounts, employ staff, or access the courts as a collective entity. Individual congregations or individuals, however, may do so and perform other administrative tasks in their own name. Local communities often recognize religious groups’ possession of buildings; however, the law generally does not protect these buildings as property of a religious community, but rather as the private property of citizens or nongovernmental organizations. SOC property is an exception; the law on SPZs acknowledges and protects the integrity of SOC property ownership and stewardship over designated areas within the SPZs.

The law stipulates freedom of religious or nonreligious practice and the rights to establish humanitarian/charity organizations, accept voluntary financial contributions from individuals and institutions, and engage in national and international communication for religious purposes.

The law provides safeguards for sites of religious and cultural significance and prohibits or restricts nearby activities that could damage the surrounding historical, cultural, or natural environment. According to the law, the IMC is responsible for arbitrating disputes between the government and the SOC concerning SPZs and other matters related to protecting the SOC’s religious and cultural heritage. The IMC is a special body originating from the 2007 Comprehensive Proposal for the Kosovo Status Settlement (also known as the Ahtisaari Plan) and established by law. IMC members include the Ministry of Economy and Environment (cochair); Special Representative of the European Union (cochair); Ministry of Culture, Youth, and Sport; SOC; and OSCE.

Municipalities are legally responsible for the upkeep and maintenance of all public cemeteries, including those designated for specific religious communities.

According to the law, “Public educational institutions shall refrain from teaching religion or other activities that propagate a specific religion.” This law is unenforceable in schools operated under Serbian government-run parallel structures, over which the Kosovo government has no control.

A Ministry of Education and Science (MES) administrative circular on the code of conduct and disciplinary measures for elementary and high school students, which carries the force of law, prohibits students from wearing religious “uniforms” on elementary and secondary school premises.

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

In September, the cabinet approved and sent to parliament amendments to the law on religious freedom that would permit religious groups to acquire legal status, conduct business and acquire real and personal property in their name, open bank accounts, and gain import tax benefits. At year’s end, parliament had not voted on the amendments; there was a persistent lack of a quorum due to the COVID-19 pandemic and boycotts by Kosovo Serb parliamentarians. Absent enactment of the legislation, all religious communities said they continued to operate bank accounts registered to individuals instead of communities. In addition, communities such as the Kosovo Protestant Evangelical Church (KPEC) said they continued to be taxed as for-profit businesses.

According to BIK, there were multiple cases in which elementary schools denied access to female Muslim students as a result of the enforcement of the MES administrative circular prohibiting “religious attire” on school property. Imam Labinot Maliqi, head of the nongovernmental organization Kosovo Center for Peace, reported that two female elementary school students, one in Fushe Kosove/Kosovo Polje and the other in Gjakova/Djakovica, were denied entrance to school for wearing a hijab. School officials reversed their decision after the Kosovo Center for Peace inquired into the situation. In July, according to Maliqi, MES officials told him the MES was committed to reviewing the religious attire prohibition. The ban remained in place at year’s end.

Muslim community representatives said there were cases of hiring discrimination against Muslim women who wore religious attire during the year, but they did not cite any examples.

On September 4, Kosovo and Serbia signed lists of commitments in Washington, D.C., in which the government of Kosovo pledged to protect and promote freedom of religion, including renewed interfaith communication, protection of religious sites, and implementation of judicial decisions pertaining to the SOC, and continue restitution of Holocaust-era heirless and unclaimed Jewish property.

Decan/Decani municipal officials continued to refuse to implement a 2016 Constitutional Court decision upholding the Supreme Court’s 2012 ruling that recognized the SOC’s Visoki Decani Monastery’s ownership of approximately 24 hectares (59 acres) of land in the monastery’s vicinity. In November, the SOC appealed to the Kosovo Cadastral Agency; its decision was pending at year’s end. NATO troops in the country continued to provide security at the Decani Monastery.

In August, the Decan/Decani municipality began road work within the Visoki Decani Monastery SPZ in violation of the law. The government halted the work following international criticism. In November, the IMC and the Decan/Decani municipal government endorsed an Italian-brokered arrangement that adhered to the law for the rehabilitation of the road. The arrangement included the development of both a bypass road external to the SPZ boundaries, which would connect Decan/Decani to Montenegro, and a separate local road within the SPZ. The proposed road work had not begun by year’s end.

In July, Pristina Municipality issued a construction permit for, and construction began on, a Grand Mosque in Pristina, funded by the Turkish government. Some citizens opposed construction of the mosque, saying its design was based on an archaic Ottoman style rather than traditional Kosovo mosque architecture. Some local imams continued to state existing downtown mosques fulfilled the needs of their constituency and there was no demand for such a large mosque in the area.

Jewish community representatives again said local governments did not properly maintain Jewish cemeteries outside Pristina, including in Novo Brdo/Novoberde, Lipjan/Lipljan, Kamenice/Kamenica, Prizren, Mitrovice/Mitrovica, and Gjilan/Gnjilane, notwithstanding their legal obligation to do so.

With the government’s assent, the OSCE continued to monitor the implementation of legislation on protection of SPZs around SOC religious and heritage sites. The Police Unit for the Security of Religious and Cultural Heritage Buildings continued to provide 24-hour security to 24 SPZs countrywide.

At year’s end, Pristina Municipality and the Jewish community continued to disagree on a suitable location for a synagogue for which the municipality had issued a construction permit in 2016.

The SOC said the Kosovo Anti-Corruption Agency continued to dispute SOC ownership of the property the agency has used since 2001. The SOC stated the agency owed rent for use of the property. The SOC received partial payment for the rent in 2018 but received no further compensation. At year’s end, neither the SOC nor the agency had initiated legal action over the dispute.

According to BIK, the central government continued to provide some funding for Islamic education in the BIK madrassah in Pristina and its branches in Prizren and Gjilan/Gnjilane. Some University of Pristina law faculty members said they believed this funding was discriminatory because the government did not provide funding for religious education to any other religious group.

KPEC stated the Kosovo Immigration Office continued to deny recognition of non-Kosovo missionaries engaged by the Church. KPEC said the Customs Service sought payment of 3,393 euros ($4,200) in taxes for humanitarian aid KPEC received from abroad during the year, while some other religious communities, such as BIK, were exempt from the taxation. KPEC said the Customs Service continued to insist on the tax payment despite intervention by then-Prime Minister Ramush Haradinaj in 2019. In addition, according to KPEC, some businesses did not respect the value-added tax exemption for goods purchased by their churches due to religious prejudices.

The SOC continued to complain about public statements made by Decan/Decani municipal leadership against Visoki Decani Monastery Abbot Sava for his opposition to illegal road construction within the Decan/Decani SPZ.

The Water Services Regulatory Authority stated it waived water utility fees during the year for religious buildings belonging to all religious communities, in contrast with the previous year, when it billed some religious communities, such as Protestants and Tarikats.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The constitution provides for freedom of conscience and religion; the right to practice or not practice a religion, individually or jointly with other persons; and the right to refuse to express one’s religious views. It prohibits actions inciting religious hatred.

The constitution establishes the separation of religion and state. It prohibits the establishment of religiously based political parties and the pursuit of political goals by religious groups. The constitution prohibits the establishment of any religion as a state or mandatory religion.

The law states all religions and religious groups are equal. It prohibits “insistent attempts to convert followers of one religion to another” and “illegal missionary activity,” defined as missionary activity of groups not registered with the SCRA, a government organization composed of presidential appointees, which is responsible for overseeing the implementation of the law’s provisions on religion. The law also prohibits the involvement of minors in organized, proselytizing religious groups unless a parent grants written consent.

The law requires all religious groups and religiously affiliated schools to register with the SCRA. The law prohibits activity by unregistered religious groups. Groups applying for registration must submit an application form, organizational charter, minutes of the organizing meeting, and a list of founding members. Each congregation of a religious group must register separately and must have at least 200 resident founding citizens. Foreign religious organizations are required to renew their registrations with the SCRA annually. The law also requires that religious groups register with local councils to establish new places of worship, despite a 2016 Supreme Court decision that nullified this section of the law.

The SCRA is legally authorized to deny the registration of a religious group if it does not comply with the law or is considered a threat to national security, social stability, interethnic and interdenominational harmony, public order, health, or morality. The SCRA may also deny or postpone the registration of a particular religious group if it deems the proposed activities of the group are not religious in character. Denied applicants may reapply at any time or may appeal to the courts. The law prohibits unregistered religious groups from actions such as renting space and holding religious services. Violations may result in an administrative fine of 500 som ($6).

After the SCRA has approved a group’s registration as a religious entity, the group must register with the Ministry of Justice to obtain status as a legal entity so it may own property, open bank accounts, and otherwise engage in contractual activities. The organization must submit an application to the ministry that includes a group charter with an administrative structure and a list of board and founding members. If a religious group engages in a commercial activity, it is required to pay taxes. By law, religious groups are designated as NGOs exempt from taxes on their religious activities.

The law gives the SCRA authority to ban a religious group in cases where courts concur that a religious organization has undermined the security of the state; undertaken actions aimed at forcibly changing the foundations of the constitutional system; created armed forces or propaganda advocating war or terrorism; engaged in the encroachment on the rights of citizens or obstruction of compulsory education of children; coerced members to remit their property to the religious group; or encouraged citizens to refuse to fulfil their civil obligations and break the law. The group may appeal the decision in the courts.

The constitution prohibits religious groups from “involvement in organizational activities aimed at inciting ethnic, racial, or religious hatred.” A conviction for inciting ethnic, racial, or religious hatred may lead to a prison term of three to eight years, while a conviction for creating an organization aimed at inciting ethnic, racial, or religious hatred may lead to a prison term of five to 10 years. Conviction for murder committed on the grounds of religious hatred is punishable by life imprisonment.

The law mandates separate prison facilities for prisoners convicted of terrorism and “extremism.” The law also allows for stripping the citizenship of any Kyrgyz national found to have trained to acquire skills to commit terrorist or extremist crimes outside the country. The law defines “extremist activity” as including the violent overthrow of the constitutional order; undermining the security of the country; violence or inciting violence on racial, national, or religious grounds; propagating the symbols or paraphernalia of an extremist organization; carrying out mass riots or vandalism based on ideological, political, racial, national, or religious hatred or enmity; and hate speech or hostility toward any social group.

According to the law, only individuals representing registered religious organizations may conduct missionary activity. If a foreign missionary represents an organization approved by the SCRA, the individual must apply for a visa with the Ministry of Foreign Affairs. Visas are valid for up to one year, and a missionary is allowed to work three consecutive years in the country. All foreign religious entities, including missionaries, must operate within these restrictions and must reregister annually. Representatives of religious groups acting inconsistently with the law may be fined or deported. Violations of the law may result in fines of 1,000 som ($12), and deportation in the case of foreign missionaries.

The law provides for the right of religious groups to produce, import, export, and distribute religious literature and materials in accordance with established procedures, which may include examination by state experts. The law does not require government examination of religious materials (such as literature and other printed or audio or video materials), and it does not define the criteria for state religious experts. The law prohibits the distribution of religious literature and materials in public locations or in visits to individual households, schools, and other institutions. The law specifies fines based on the nature of the violations. The law requires that law enforcement officials to demonstrate an intent to distribute extremist materials to arrest a suspect.

The law allows public schools an option to offer religion courses that discuss the history and character of religions, as long as the subject of such teaching is not religious doctrine and does not promote any particular religion. Private religious schools need to register with SCRA to operate as such.

According to the law, religion is grounds for conscientious objection to and exemption from military service. Conscientious objectors must pay a fee of 18,000 som ($220) to opt out of military service. Draft-eligible males must pay the fee before turning 27 years of age. Failure to pay by the age limit requires the person to perform 108 hours of community service or pay a fine of 25,000 som ($300). If males are unable to serve due to family circumstances and have not paid by the age limit, they must pay 18,000 som ($220). Draft-eligible men who evade military service and do not fall under an exemption are subject to a fine or imprisonment of up to two years. It is obligatory to serve in the military for 12 months, although the law provides for alternative forms of community service. Religious groups are not exempt from this law, and members must pay to opt out of military service.

The country is a party to the ICCPR.

The government maintained its bans on 21 “religiously oriented” groups it considered to be extremist, including al-Qaida, the Taliban, Islamic Movement of Eastern Turkistan, Kurdish Peoples’ Congress, Organization for the Release of Eastern Turkistan, Hizb ut-Tahrir, Union of Islamic Jihad, Islamic Party of Turkistan, Family Federation for World Peace and Unification (Unification Church), Takfir Jihadist, Jaysh al-Mahdi, Jund al-Khilafah, Ansarullah, At-Takfir Val Hidjra, Akromiya, ISIS, Djabhat An Nusra, Katibat al-Imam al-Buhari, Jannat Oshiqlari, Jamaat al-Tawhid wal-Jihad, and Yakyn Incar. Authorities also continued to ban all materials or activities connected to the Chechen Islamist militant leader A.A. Tihomirov (aka Said Buryatsky), whose activities and materials the Bishkek District Court deemed to be extremist in 2014.

During the year, the government continued to arrest members of the pan-Islamic organization Hizb ut-Tahrir on extremism charges. According to local press, the government arrested 13 alleged members of Hizb ut-Tahrir during the first six months of the year. In most cases, the arrestees were detained in the State Committee for National Security’s (GKNB) pretrial detention center that housed violent extremists.

According to human rights NGOs, religious extremism arrests dropped significantly after the change to extremism laws in 2019 that removed provisions allowing the arrest of individuals for possessing materials deemed extremist. Official government statistics to corroborate this were not available. According to a human rights NGO that tracks these cases, in eight of 12 confirmed arrests on extremism charges during the year, charges were dropped after courts found there was insufficient evidence under the revised law. Extremist incidents were defined as membership in a banned “religiously oriented” organization, distribution of literature associated with a banned organization, and proselytizing on behalf of or financing a banned organization. Despite the change in the extremism laws, NGOs reported that the government arrested social media users who shared or liked digital content that the government considered extremist, especially religious literature connected to banned groups, in a shift away from arrests for possessing physical media. The NGOs noted that arrests were centered on ethnic Uzbek communities in the south.

Leadership of the Jehovah’s Witnesses stated that on September 3, the leadership of the SCRA hosted a local television program with members of the Russian Orthodox Church and a local Muslim cleric in which the SCRA participant repeatedly said that the Jehovah’s Witnesses were extremists.

Ethnic Uzbeks said that police continued to target and harass them, usually in connection with the possession of banned religious literature or support of banned organizations, which they said was based on false testimony or planted evidence. Unlike in 2019, there were no reports of government officials visiting Christian churches to demand to see their financial records.

There were reports that police and prosecutors continued to threaten members of Eldos Sattar uulu’s family with violence or arrest. Sattar uulu, a Protestant, returned to the country during the year after fleeing in 2018 due to being threatened because of his faith.

Parliament continued to consider draft amendments to the religion law submitted by the SCRA in 2019 but did not take action before year’s end. The amendments would ban on door-to-door proselytizing, require notification to the government prior to undertaking religious education abroad, and maintain the 200-member minimum for registration as a religious organization, which would restrict registered organizations from creating smaller filial branches across the country.

As of September, Jehovah’s Witnesses reported that the SCRA continued to refuse to register local houses of worship, based on a provision of law requiring religious groups to register with local councils to establish new places of worship. The requirement remained in effect despite a finding by the UN Human Rights Committee in 2019 that it was in violation of Article 18 of the ICCPR and the constitution, and a Supreme Court ruling in 2016 that the requirement was unconstitutional.

Jehovah’s Witnesses’ representatives stated that the SCRA and other government organizations continued to use spurious applications of the law to prevent them from establishing new congregations. On January 20, the Jehovah’s Witnesses community reapplied for registration of their local houses of worship. Their 2019 request had been denied by the SCRA. The SCRA rejected the January application, “in order to avoid a threat to social stability, interfaith harmony, and public order.” On May 28, the Jehovah’s Witnesses filed a lawsuit with the Bishkek administrative court, citing the SCRA’s insistence on using a provision of the law that had been deemed unconstitutional. On June 24, the court returned the claim without consideration, accepting the SCRA’s argument that the Jehovah’s Witnesses had not exhausted the administrative appeal process. On July 14, the community filed an appeal of the initial decision with the SCRA. The SCRA rejected this appeal, stating that it was not submitted in a timely manner. On July 24, the Jehovah’s Witnesses filed a second suit against the SCRA in the Bishek administrative court, after which the SCRA announced that it was suspending consideration of the registration of the Jehovah’s Witnesses’ congregations due to the lawsuit. On November 12, the Supreme Court upheld the Bishkek court ruling, accepting the SCRA argument that the Jehovah’s Witnesses had not exhausted the administrative process and thus could not appeal the SCRA decision in court. With the court’s ruling, the SCRA’s rejection of the Jehovah’s Witnesses application became final.

Religious groups continued to report the SCRA registration process was cumbersome, taking anywhere from one month to several years to complete, even when successful. One group reported that the SCRA had not registered it after five years of attempts. Some unregistered groups continued to report they were able to hold regular religious services without government interference, especially foreign religious organizations that had been registered in the past and had an annual application for reregistration pending. The SCRA reported it registered 112 mosques, 11 Christian churches (no information provided on denominations), 38 religious schools, and 28 religious organizations through October. The SCRA also reported that there were 2,662 registered mosques, two registered Islamic universities, 141 registered madrassas, and 77 registered Islamic foundations in the country.

Although the government continued not to list the Ahmadi Muslim Community as a banned organization, a representative of the group again stated it still had not obtained registration. The community initially registered in 2002, but the SCRA declined to approve its reregistration every year since 2012, including again in 2020. The SCRA has also refused to register Tengrism as a religion since 2013, declaring that government theologians said Tengrism is a philosophical movement and not a religion.

While the law does not require examination of all religious literature and materials, religious groups, including the Jehovah’s Witnesses, stated the SCRA required that they submit 100 percent of their imported religious material for review. According to Jehovah’s Witness representatives, the SCRA continued its practice of having individuals designated by the SCRA as experts examine imported religious materials submitted for review by religious organizations, although the law did not mandate such a review. There continued to be no specific procedure for hiring or evaluating the experts who examined the religious literature that groups wished to distribute within their places of worship. According to religious studies academics, the SCRA continued to choose its own employees or religious scholars whom the agency contracted to serve as the experts. Attorneys for religious groups continued to say the experts chosen by the SCRA were biased in favor of prosecutors and were not formal experts under the criminal procedure code. The State Forensic Service, with support from SCRA on religious matters, screened the content of websites, printed material, and other forms of media for extremist content.

NGOs working in prison reform and countering violent extremism continued to report that laws mandating separate facilities for prisoners convicted of terrorism and extremism were often poorly implemented. NGOs reported that violent extremists were not separated from inmates who were incarcerated for lesser crimes, including simple possession of extremist materials, which they said could lead to radicalization of other populations in the prisons. The government announced that it would review old convictions for possession of such materials, but there were no reports it had actually done so. NGOs reported that prison authorities required religious literature other than the Quran or hadith (the record of the traditions or sayings of the Prophet Muhammed) to be approved by the Muftiate.

According to representatives of religious groups, refusal either to serve or to pay a fee to opt out of military service continued to subject a conscientious objector to hardship, because military service remained a prerequisite for employment in the government and with many private employers.

According to Christian activists, non-Muslim religious minorities continued to face difficulties arranging for burial of their dead in public cemeteries. A government policy announced in 2017 to address this problem by dividing public cemeteries by religion so that all faith groups would have burial space had not been implemented as of year’s end. According to the SCRA, the draft policy was approved by relevant government agencies and was undergoing revisions before implementation.

The SCRA held an interfaith dialogue forum in January, but COVID-19 restrictions prevented subsequent forums during the year. The event included Muslim, Russian Orthodox, Catholic, Protestant, and Baha’i participants as well as civil society representatives, local authorities, and officials from the Ministry of Interior and the GKNB. As in previous years, the forum focused on religious tolerance, cooperation, and mutual understanding among representatives of religious communities as well as between the state and religious organizations, including a specific focus on religious communities outside of the capital.

The constitution states there shall be “absolute freedom of conscience” and declares the state will respect all religious groups and denominations, as well as the personal status and religious interests of persons of every religious group. The constitution guarantees free exercise of religious rites, provided they do not disturb the public order, and declares the equality of rights and duties for all citizens without discrimination or preference.

By law, an individual is free to convert to a different religion if a local senior official of the religious group the person wishes to join approves the change. The newly joined religious group issues a document confirming the convert’s new religion, allowing the convert to register her or his new religion with the Ministry of Interior’s (MOI’s) Personal Status Directorate. The new religion is included thereafter on government-issued civil registration documents.

Citizens have the right to remove the customary notation of their religion from government-issued civil registration documents or change how it is listed. Changing the documents does not require approval of religious officials and does not change or remove the individual’s registration with the Personal Status Directorate.

The penal code stipulates a maximum prison term of one year for anyone convicted of “blaspheming God publicly.” It does not provide a definition of what this entails. A publications law regulates print media. The law includes provisions that impose potential fines or jail terms for sectarian provocation and prohibit the press from publishing blasphemous content regarding the country’s officially recognized religions or content that may provoke sectarian feuds.

The law governing audiovisual media bans live broadcasts of certain religious events and prohibits the broadcast of programs that seek to harm public morals, ignite sectarian strife, or insult religious beliefs. Websites are censored through court orders filed with the ISF’s Cybercrimes Bureau for further investigation, which issues a final order to the Ministry of Telecommunications. Elements of the law permit censorship of religious material considered a threat to national security or offensive to the dignity of the head of state or foreign leaders. The law includes guidelines regarding materials deemed unsuitable for publication in a book, newspaper, or magazine. Any violation of the guidelines may result in the author’s imprisonment or a fine. Officials from any of the recognized religious groups may request that the Directorate of General Security (DGS) ban a book. The government may prosecute offending journalists and publications in the publications court. Authorities occasionally also refer such cases to criminal courts, a process not established in law.

The penal code criminalizes defamation and contempt for religion and stipulates a maximum prison term of three years for either of these offenses.

By law, religious groups may apply to the government for official recognition. To do so, a religious group must submit a statement of its doctrine and moral principles to the cabinet, which evaluates whether the group’s principles are in accord with the government’s perception of popular values and the constitution. Alternatively, a nonrecognized religious group may apply for recognition by seeking affiliation with another recognized religious group. In doing so, the nonrecognized group does not gain recognition as a separate group but becomes an affiliate of the group through which it applies. This process has the same requirements as applying for recognition directly with the government.

There are 18 officially recognized religious groups: five Muslim groups (Shia, Sunni, Druze, Alawite, and Ismaili), 12 Christian groups (Maronite, Greek Orthodox, Greek Catholic, Armenian Catholic, Armenian Orthodox, Syriac Orthodox, Syriac Catholic, Assyrian, Chaldean, Copt, evangelical Protestant, and Roman Catholic), and Jews. Groups the government does not recognize include Baha’is, Buddhists, Hindus, several Protestant groups, and the Church of Jesus Christ.

Official recognition of a religious group allows baptisms and marriages performed by the group to receive government recognition, which also conveys other benefits, such as tax-exempt status and the right to apply the religious group’s codes to personal status matters. By law, the government permits recognized religious groups to administer their own rules on family and personal status issues, including marriage, divorce, child custody, and inheritance. Shia, Sunni, recognized Christian, and Druze groups have state-appointed, government-subsidized clerical courts to administer family and personal status law. While the religious courts and religious laws are legally bound to comply with the provisions of the constitution, the Court of Cassation, the highest civil court in the judicial system, has very limited oversight of religious court proceedings and decisions.

There are no formalized procedures for civil marriage or divorce. The government recognizes heterosexual civil marriage ceremonies performed outside the country irrespective of the religious affiliation of each partner in the marriage. While some Christian and Muslim religious authorities will perform interreligious marriages, clerics, priests, or religious courts often require the nonbelonging partner to pledge to raise his or her children in the religion of the partner and/or to relinquish certain rights, such as inheritance or custody claims, in the case of divorce.

The government requires Protestant churches to register with the Evangelical Synod, a self-governing advisory group overseeing religious matters for Protestant congregations and representing those churches to the government.

According to the constitution, recognized religious communities may operate their own schools, provided they follow the general rules issued for public schools, which stipulate schools must not incite sectarian discord or threaten national security. The government permits but does not require religious education in public schools. Both Christian and Muslim local religious representatives sometimes host educational sessions in public schools.

The constitution states “sectarian groups” shall be represented in a “just and equitable balance” in the cabinet and high-level civil service positions, which includes the ministry ranks of secretary-general and director general. It also states these posts shall be distributed proportionately among the major religious groups. This distribution of positions among religious groups is based on the unwritten 1943 National Pact, which used religious affiliation data from the 1932 census (the last conducted in the country). According to the pact, the President shall be a Maronite Christian, the speaker of parliament shall be a Shia Muslim, and the Prime Minister shall be a Sunni Muslim. This proportional distribution also applies to high-level positions in the civil service; the judiciary, military and security institutions; and public agencies at both the national and local levels of government. Parliament is elected on equal representation between Christians and Muslims, and cabinet positions must be allocated on the same basis. Druze and sometimes Alawites are included in this allocation within Muslim communities.

The constitution also states there is no legitimacy for any authorities that contradict the “pact of communal existence,” thereby giving force of law to the unwritten 1943 National Pact, although that agreement is neither an official component of the constitution nor a formally binding agreement.

The Taif Agreement, which ended the country’s 15-year civil war in 1989, also mandates elections based on the principle of proportional representation between Muslims and Christians in parliament but reaffirms the Christian and Muslim allocation at 50 percent each. The agreement reduced the constitutional powers of the Maronite Christian presidency and increased those of the Sunni Muslim Prime Minister while also subjecting the designation of the Prime Minister to binding consultations with parliament and the designations of all ministers to a parliamentary vote of confidence.

In addition, the Taif Agreement endorses the constitutional provision of appointing most senior government officials according to religious affiliation, including senior positions within the military and other security forces. Customarily, a Christian heads the army, while the directors general of the ISF and the DGS are Sunni and Shia, respectively. Several other top positions in the security services are customarily designated for particular confessions as well. While specific positions are designated by custom rather than law, deviating from custom is rare and any change or accommodation generally must be mutually agreed by the confessions concerned.

The Taif Agreement’s stipulations on equality of representation among members of different confessions do not apply to citizens who do not list a religious affiliation on their national registration, and thus they cannot hold a seat designated for a specific confession. Authorities allocate every government-recognized religion, except Ismaili Islam and Judaism, at least one seat in parliament, regardless of the number of its adherents.

By law, the synod of each Christian group elects its patriarchs; the Sunni and Shia electoral bodies elect their respective senior clerics; and the Druze community elects its sheikh al-aql, its most senior religious leader. The cabinet must endorse the nomination of Sunni and Shia muftis, as well as the sheikh al-aql, and pay their salaries. The government also appoints and pays the salaries of Muslim and Druze clerical judges. By law, the government does not endorse Christian patriarchs and does not pay the salaries of Christian clergy and officials of Christian groups.

The government issues foreign religious workers a one-month visa; to stay longer a worker must complete a residency application during the month. Religious workers also must sign a “commitment of responsibility” form before receiving a visa, which subjects the worker to legal prosecution and immediate deportation for any activity involving religious or other criticism directed against the state or any other country, except Israel. If the government finds an individual engaging in religious activity while on a tourist visa, the government may determine a violation of the visa category has occurred and deport the individual.

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

The ISF’s Cybercrimes Bureau questioned journalist and activist Nidal Ayoub on January 7 about posters she carried during protests with slogans such as “God is great but the revolution is greater.” Authorities released Ayoub after questioning.

On June 23, Mount Lebanon Public Prosecutor of the Appeals Court pressed charges against anti-Hizballah Shia cleric Sayyed Ali al-Amine following a lawsuit filed by lawyer Ghassan al-Mawla. The lawsuit accused al-Amine of “attacking the resistance and its martyrs,” “inciting strife among sects,” “violating the legal rules of the Shia sect,” and meeting with Israeli officials in a conference in Bahrain. The court scheduled al-Amine’s hearing to begin September 18 but postponed it to January 15, 2021.

On November 13, a young man assaulted the muezzin of the Sultan Abdel Majid bin Adham mosque in the town of Jbeil. The LAF Military Intelligence Bureau arrested the perpetrator the same day and referred him to the ISF for investigation. The LAF Military Intelligence Bureau issued a statement reporting that the incident was a personal dispute that led to the injury of the muezzin. Jbeil Sunni Mufti Sheikh Ghassan Laqqis condemned the attack and described it as “brutal,” while the press office of the Jbeil Maronite Archbishopric issued a statement saying, “Jbeil will remain a city of coexistence.” Grand Mufti of the Republic Abdel Latif Derian called on authorities to investigate and reveal what happened. The Prime Minister-designate and other political figures condemned the attack and stressed the importance of peaceful coexistence between religious groups.

On April 16, the LAF Military Intelligence Bureau detained activist Michel Chamoun for posting a video in which he criticized Maronite Patriarch Bechara Rai and asked him to use the Church’s funds to help the poor during the difficult economic situation and the COVID-19 pandemic. Authorities later released Chamoun after the Patriarch said he did not want the matter pursued.

The government continued to enforce laws against defamation and contempt for religion.

The DGS reviewed all films and plays released in the country during the year, although it did not ban any. NGOs said this had more to do with the lack of film releases in the country due to prevailing economic and social circumstances rather than any loosening of censorship. Civil society activists continued to state that the DGS’s decision-making process lacked transparency and that the opinions of religious institutions and political groups influenced it.

According to local NGOs, some members of unregistered religious groups, such as Baha’is and members of nonrecognized Protestant faiths, continued to list themselves as belonging to recognized religious groups in government records to ensure their marriage and other personal status documents remained legally valid. Many Baha’is said they chose to list themselves as Shia Muslims in order to effectively manage civil matters officially administered by Shia institutions, while members of the Church of Jesus Christ said they registered as evangelical Protestant.

The government again failed to take action to approve a request from the Jewish community to change its official name to the Jewish Community Council from the Israelite Communal Council (the group’s officially recognized name). Additionally, the Jewish community faced difficulty importing material for religious rites; customs agents were reportedly wary of allowing imports of any origin containing Hebrew script due to a national ban on trade of Israeli goods. During the year, the council faced difficulty in renewing the mandate of its members, a legal requirement for groups that wish to continue to be recognized by the government, due to government officials’ unwillingness to put their signatures on any document with the group’s name on it, owing to concern this might be misinterpreted as support for Israel. The council’s lawyer reported that the MOI official told him they were “not prepared to sign anything for the Jews.”

Jewish community representatives reported that the MOI delayed the verification of the results of the Jewish Community Council’s election of members that occurs every six years. Regulations governing such councils require ministry verification of council election results. The council, which represents the interests of the country’s Jewish citizens, has repeatedly submitted requests to change its government-appointed name to reduce social stigma, with no success. The council blamed its official name in part for the difficulties experienced with renewals every six years. The issue continued as of November 17, when the Minister of Interior said that he was conducting investigations into allegations that several council members were forging signatures of nonresident Lebanese Jews to illegally acquire property. As of December 31, the case had not been referred to the judiciary.

Non-Maronite Christian groups reiterated criticisms made following the May 2018 parliamentary election that the government had made little progress toward the Taif Agreement’s goal of eliminating political sectarianism in favor of “expertise and competence.” Members of these groups, which include Syriac Orthodox, Syriac Catholics, and Chaldeans, among others, said the fact that the government allotted them only one of the 64 Christian seats in parliament constituted government discrimination. The Syriac League and other organizations such as the Syriac Union Party continued to call for more representation for non-Maronite and non-Greek Orthodox Christians in cabinet positions, parliament, and high-level civil service positions, typically held by members of the larger Christian religious groups. During protests that occurred across the country beginning in 2019, some of the protesters, religious figures, and politicians began calling for an electoral law that was not based on religious affiliation. In August, shortly before a visit from French President Emmanuel Macron, who was expected to encourage governmental reform, President Aoun publicly called for a secular state.

Some women’s rights advocates who helped lead the protests highlighted the absence of a civil code governing issues of personal status and objected to the country’s reliance on gender-discriminatory family codes adjudicated solely by religious courts.

Members of all confessions may serve in the military, intelligence, and security services. While most confessions had members serving in these capacities, some groups did not do so, usually because of their small number of adherents in the country. Members of the largest recognized confessions dominated the ranks of senior positions.

On March 9, President Aoun publicly expressed support for a unified personal status law as part of the civil code to replace current personal status laws, which are based on religious affiliation, but no legislation was drafted or considered.

According to NGO representatives, civil society figures cautiously engaged both Christian and Muslim leaders to assuage fears that civil marriage would pose a threat to religious leaders’ ability to administer their own confessional affairs. During the year, the MOI took no action on the 30 or more cases of civil marriage that awaited registration with the ministry since 2013.

Hizballah, a U.S.-designated Foreign Terrorist Organization, continued to exercise control over some territory, particularly the southern suburbs of Beirut and southern areas of the country, both of which are predominantly Shia Muslim. There, it provided a number of basic services, such as health care, education, food aid, infrastructure repair, and internal security. There continued to be reports of Hizballah controlling access to the neighborhoods and localities under its control, including in Beirut’s southern suburbs and areas of the Bekaa Valley and South Lebanon.

Amal party supporter Hussein Khalil was killed and 10 others injured in a confrontation between Amal and Hizballah supporters in the southern town of Loubye on August 20. On August 19, Amal members, reportedly angered by Hizballah banners commemorating the Shia holiday of Ashura, harassed a local Hizballah-aligned sheikh, resulting in a larger brawl on August 20 that led to both sides discharging firearms. The LAF subsequently intervened to restore security and demanded that both groups surrender members who had drawn weapons. Physical disputes regarding Ashura banners and banners celebrating Salim Ayyash, who was convicted in absentia by the United Nation Special Tribunal for Lebanon, which investigated the 2005 assassination of Prime Minister Rafiq Hariri, also broke out in Nabaa and Khalde.

In Khalde, violence broke out for a second time on August 27 between local Sunnis and supporters of Amal and Hizballah regarding the hanging of Ashura banners. Several injuries were reported, as well as two Sunni deaths, including a 13-year-old boy and a Syrian citizen. According to Reuters, mourners at the boy’s funeral chanted, “There is no God but God, and Hizballah is the enemy of God.” The LAF said it arrested four individuals following the violence.

In a June 18 report, Teaching Antisemitism and Terrorism in Hezbollah Schools, the ADL stated that textbooks used in schools run by Hizballah’s education branch “are filled with systematic and egregious incitement to antisemitism and support for terrorism.” In reviewing two sixth-grade textbooks used by these schools, Islam is our Message and Us and History, the ADL found what its executive director described as “a diet of anti-Semitism, drawing on pernicious canards such as Jews are satanic, the Jews killed Christ, and the Jews are trying to undermine other religions to control the world.”

The 2011 Constitutional Declaration functions as the interim constitution. It states Islam is the state religion and sharia is the principal source of legislation, but it accords Christians and Jews the freedom to practice their religions and guarantees state respect for their personal status laws. The Constitutional Declaration prohibits any form of discrimination based on religion. Christian and Jewish familial religious matters, such as divorce and inheritance, are governed according to the mandates of the religious community to which the individual belongs. Sharia, however, applies in any case in which a Muslim is involved. The interim constitution also states, “There shall be no discrimination among Libyans on the basis of religion or sect” with regard to legal, political, and civil rights. The penal code and other laws provide criminal penalties for conviction of defamation and insults to religion. Religious minority communities other than Christians and Jews, however, are not accorded equal rights under the law. The laws governing religious practice predate the internal conflict.

The Ministry of Endowments and Islamic Affairs (MEIA) administers mosques, supervises clerics, and has primary responsibility for ensuring all religious practices conform to state-approved Islamic norms.

Sharia courts govern family matters for Muslims, including inheritance, divorce, and the right to own property. Under the law, a Christian or Jewish woman who marries a Muslim man is not required to convert to Islam; however, a non-Muslim man must convert to Islam to marry a Muslim woman. Marriages between Muslim men and women of non-Abrahamic faiths are illegal, and such marriages are not recognized, even when contracted abroad. The MEIA administers non-Muslim family law issues, although there is no separate legal framework governing non-Muslim family law. The ministry draws upon neighboring countries’ family law precedents for non-Muslims.

Religious instruction in Islam is required in public and private schools. Attendance at religious instruction is mandatory for all students, with no opt-out provisions.

There is no law providing for individuals’ right to choose or change their religion or to study, discuss, or promulgate their religious beliefs. There is no civil law explicitly prohibiting conversion from Islam to another religion or prohibiting proselytization; however, the criminal code effectively prohibits missionary activities or conversion. It includes prohibitions against “instigating division” and insulting Islam or the Prophet Muhammad, charges that carry a maximum sentence of death. The criminal code prohibits the circulation of publications that aim to “change the fundamental principles of the constitution or the fundamental rules of the social structure,” which are used to criminalize the circulation of non-Islamic religious materials and speech considered “offensive to Muslims.”

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

Since religion, politics, and security are often closely linked in the country, it was difficult to categorize many incidents as being solely based on religious identity.

Multiple authorities and armed groups vied for influence and territorial control, with little effective exercise of government authority in practice, according to international observers, a situation which worsened during the LNA offensive to seize the capital from April 2019 to June 2020. The GNA did not exercise control over large parts of the country, including in the south and east. The GNA’s response to instances of violence against members of minority religious groups within the parts of the country it controlled was limited to condemnations of acts of violence.

According to one press report, the SDF, a nominally GNA-aligned militia in Tripoli, engaged in Islamic religious policing in the capital. According to human rights activists, the SDF continued to be involved in a number of arrests and detentions of individuals whom it accused of violating Islamic law. Christian groups operating in the country identified the SDF as among the Islamic militant groups involved in harassment of Christians. Detainees of the SDF reported torture and other abuse while being held in official and extrajudicial detention facilities.

Armed groups provided security and administered some detention centers for migrants and refugees in the country, where, according to multiple international human rights organizations, Christians said they faced a higher risk of physical assault, including sexual assault and rape, than other migrants and refugees. One Christian group operating in the country reported multiple accounts of a section within the SDF-run detention center at the Mitiga airbase where detainees who were Christian converts, “freethinkers”, or critics of Islam were concentrated. Some detainees in this section were reportedly subjected to torture.

Some detention facilities had no provision for non-Islamic burials.

The government permitted religious scholars to form organizations, issue fatwas, and provide advice to followers. The fatwas did not have legal weight but conveyed considerable social pressure, according to tribal and religious leaders. The GNA, however, did not exercise effective administrative control of mosques or supervision of clerics.

Sheikh Sadiq Al-Ghariani, who is regarded by the Muslim Brotherhood and others as the country’s Grand Mufti, said in a video broadcast on Al-Tanasuh TV, “If detonating oneself while carrying out a fedaai [self-sacrificial] operation rattles the enemy and brings upon it a crushing defeat, then it is allowed by sharia law. Many of the Prophet Muhammad’s companions threw themselves from walls. They sacrificed themselves and died in order to breach the enemy’s ranks.”

On June 17, in a program that aired on Al-Tanasuh TV, Al-Ghariani said that supporters of the LNA were in violation of sharia and were fighting as a proxy for a “Zionist project” meant to protect Israel and the enemies of God.

In Tripoli, according to civil society sources, women’s rights activists, and human rights NGO officials, some militias and armed groups, such as the SDF, imposed restrictions on women’s dress and movement and punished men for behavior they deemed “un-Islamic.” There continued to be no laws, however, imposing restrictions on dress.

The Ministry of Education continued to work to promote religious tolerance in the country through the dissemination of new civil education curricula for grades four through nine designed to promote inclusivity and tolerance. The curricula aimed to replace previous material containing discriminatory language directed at non-Muslims.

According to human rights activists, civil society figures, and politicians, the role of Islam in policymaking remained a major point of contention among supporters and opponents of political Islam, Salafist groups, and those who wished for a greater separation between religion and politics.

Throughout the year, nonstate actors and militias continued to operate and control territory throughout the country, including Benghazi and parts of Tripoli.

Multiple sources stated Islamic militant groups and organized crime groups targeted religious minorities, including Christian migrants, converts to Christianity, and foreign residents for physical attacks, sexual assaults, detentions, kidnappings, and killings. Christian groups operating in the country identified the LNA-aligned Madkhali Salafist groups operating in Benghazi as among the Islamic militant groups involved in harassment of Christians, particularly Christian migrants from sub-Saharan Africa. Academic studies and media describe the Madkhali movement as adhering to the teachings of Saudi cleric Rabee bin Hadi al-Madkhali, a form of very strict Salafism.

Human rights activists reported that the Madkhali movement continued to gain influence within armed groups and religious institutions throughout the country. According to media reports, Madkhali elements affiliated with the LNA continued to act as self-appointed morality police, cracking down on activities not sanctioned by their strict interpretation of Islam, including the sale of books deemed un-Islamic and events where men and women mixed. One press report stated that in the western part of the country, Madkhali elements replaced imams, preachers, and the heads of Awqaf offices with individuals with a more Salafist orientation.

According to media reports, in September, the Salafist-controlled Endowments Authority, associated with the so-called Eastern Interim Government (EIG), presented a draft law, described by a cabinet minister as a fatwa, to the government for eventual approval by the House of Representatives. The proposed law stipulated the death penalty for anyone convicted of practicing sorcery or witchcraft and an unspecified prison term and fine for those employing the services of a sorcerer. After the Endowments Authority made the proposal, the EIG’s so-called Minister of Interior sent a memo to the heads of security services directing them to enforce cases involving witchcraft and sorcery in accordance with existing law.

In Tripoli, according to civil society representatives, some militias and armed groups, such as the Nawasi Brigade, imposed restrictions on women’s dress and punished men for behavior they deemed “un-Islamic.”

According to Human Rights Watch, a 2017 religious edict by the EIG remained in effect against Ibadi Muslims. The edict accused the group of deviance and of following an infidel doctrine.

According to academic researchers, the General Administration for Criminal Investigation in Benghazi continued to conduct investigations of citizens for denigrating Islam, for converting others to Christianity, and for proselytizing on social media.

According to human rights activists and political analysts, authorities in eastern parts of the country continued to provide texts for Friday services to imams, often including political and social messages. According to media reports, the LNA continued to appoint imams with Salafist beliefs in areas under its control throughout the eastern part of the country.

According to press, on April 30, the LNA declared a ceasefire during the month of Ramadan. The LNA spokesman stated that the ceasefire did not mean an end to the LNA’s efforts to capture Tripoli, which would continue at the end of Ramadan. The GNA rejected the unilateral ceasefire, saying it did not trust the LNA.

U.S.-designated foreign terrorist organizations, including AQIM and ISIS, continued to operate within the country, although there were no reports during the year of explicitly religiously motivated attacks by these groups.

The constitution defines the country as a secular state, prohibits discrimination based on religion, and provides for freedom of religion in conformity with the law. In September, the transition government formed after an August military coup adopted the Transition Charter, which recognized the continued validity of the 1992 constitution that defined the country as secular and prohibited religious discrimination under the law.

According to the penal code, any act of discrimination based on religion or any act impeding the freedom of religious observance or worship is punishable by up to five years’ imprisonment or 10 years’ banishment (prohibition from residing in the country). The penal code also states any religiously motivated persecution of a group of persons constitutes a crime against humanity. There is no statute of limitations for such crimes.

The law requires registration of all public associations, including religious groups, except for groups practicing indigenous religious beliefs; however, registration confers no tax preferences or other legal benefits, and there is no penalty for not registering. To register, applicants must submit copies of a declaration of intent to create an association, notarized copies of bylaws, copies of policies and regulations, notarized copies of a report of the first meeting of the association’s general assembly, and lists of the leaders of the association, with signature samples of three of the leaders. Upon review, if approved, the Ministry of Territorial Administration grants the certificate of registration.

The Ministry of Religious Affairs and Worship is responsible for administering the national strategy for countering violent extremism, promoting religious tolerance, and coordinating national religious activities such as pilgrimages and religious holidays for followers of all religions.

The constitution prohibits public schools from offering religious instruction, but it permits private schools to do so. Privately funded medersas (madrassahs) teach the standard government curriculum, as well as Islam. Non-Muslim students in these schools are not required to attend Islamic religious classes. Private Catholic schools teach the standard government curriculum and Catholic religious classes. Non-Catholic students in these schools are not required to attend Catholic religious classes. Informal schools, known locally as Quranic schools and which some students attend in lieu of public schools, do not follow a government curriculum and offer religious instruction exclusively.

The law defines marriage as secular. Couples who seek legal recognition must have a civil ceremony, which they may follow with a religious ceremony. Under the law, a man may choose between a monogamous or polygamous marriage. The law states that the religious customs of the deceased determine inheritance rights. Civil courts consider these customs when they adjudicate such cases; however, many cases are settled informally.

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

The government and security forces struggled to tamp down violence generated by the spread of groups they described as violent extremist organizations in the northern and central regions of the country – including armed religious groups, as well as ethnically aligned militias. The presence of groups, identified by the government as violent extremist organizations, and armed groups in the northern and central areas limited government capacity to govern and to bring perpetrators of abuses to justice, especially outside the main cities.

In October, the National Secretariat for the Prevention and the Fight Against Violent Extremism in the Ministry of Religions Affairs and Worship, with the assistance of the UN Development Program, launched a study of factors influencing extremism related to religion. According to the ministry, the evaluation results, which were not released by year’s end, will form the basis of a new national action plan that includes interfaith efforts and promotion of religious tolerance.

A Moroccan-funded training program for 500 Sufi imams in Morocco, one objective of which was to improve interfaith tolerance, concluded in December 2019, with the fifth class of imams returning to the country.

The Truth, Justice, and Reconciliation Commission launched in 2014 and renewed for an additional two years in 2019 continued operating during the year. In December 2019, the commission held its first public hearing, at which 13 victims of conflict recounted mistreatment they had suffered. The commission held a second public hearing on December 5 and heard cases ranging from abuses committed during a 1963 rebellion to 2019 mass killings in Ogossagou and Sobane Da. Both public hearings were broadcast on national television. As of December 16, the commission had heard the testimony of 3,329 individuals, compared with 5,324 in 2019, 3,592 in 2018, and 6,953 in 2017. Political events in the country, the COVID-19 pandemic, growing security concerns in the central and northern regions of the country, a lack of transportation for victims, and the lack of access in camps for displaced persons limited the collection of testimony. As of December 16, the commission reported it had collected more than 19,000 statements since it had begun its work in January 2017, including cases involving religious freedom violations.

The Ministry of Religious Affairs and Worship organized, in coordination with Archbishop of Bamako Cardinal Jean Zerbo, the annual Catholic pilgrimage to Kita, which took place in November. Cardinal Zerbo took part in the pilgrimage, as did the Union of Young Malian Muslims (UJMA). A UJMA representative marched from Kayes to Kita (approximately 250 miles) to demonstrate UJMA’s support for interfaith dialogue.

In November, the transition government announced the composition of a 121-member National Transition Council (its legislative body) that would include three seats reserved for representatives of religious organizations. The transition government’s Vice President reviewed applications and selected members of the council. Following the release of the names in December, representatives of the Catholic Church criticized the fact that no representatives of the Church were accorded seats.

Throughout the year, mostly in the country’s central and northern regions, domestic and transnational violent terrorist groups, including al-Qa’ida in the Islamic Maghreb and its affiliates Ansar al-Dine, Macina Liberation Front, and al-Mourabitoune, united under the umbrella group JNIM, and the Islamic State in the Greater Sahara, continued to carry out attacks on domestic and international security forces, UN peacekeepers, civilians, and others they reportedly perceived as not adhering to their interpretation of Islam. According to nongovernmental organizations (NGOs) and security experts, armed groups have, in some instances, co-opted pre-existing intercommunal and ethnic tensions to further sow instability and violence, and it was not possible to attribute some incidents entirely to religious motives. Several of JNIM’s public messages repeated an intent to govern the country according to sharia.

In October, kidnappers from JNIM, a U.S.-designated foreign terrorist organization, killed Swiss hostage Beatrice Stoeckli, a Christian missionary who had been held since 2016, according to the Swiss Ministry of Foreign Affairs. An Italian priest was released by the group in October, along with three other hostages, in exchange for the release by the transition government of scores of suspected extremist prisoners. As of year’s end, the group continued to hold Colombian nun Sister Gloria Cecilia Argoti captive.

In the center of the country, JNIM continued to attack multiple towns in Mopti Region, and to threaten Christian, Muslim, and traditional religious communities. According to a report published on August 6 by the Human Rights and Protection Division of the UN Multidimensional Integrated Stabilization Mission in Mali, from April to June, extremist groups required women in the regions of Mopti and Timbuktu to wear veils. According to the report, in Binedama, Mopti Region, members of extremist groups forced all women to wear a veil, while in Dianke, Timbuktu Region, extremist groups reportedly intimidated and threatened several unveiled women. In other areas, members of extremist groups reportedly told NGOs they could carry out their work only if their field teams did not include women, in compliance with a strict interpretation of Islam.

According to the 2020 Freedom House Freedom in The World report, armed extremists committed religious freedom abuses in the northern and central regions, attacking those who disagreed with their interpretation of Islam. According to the report, between 2012 and 2017, these groups kidnapped Christians, sometimes subjecting them to violent mistreatment.

Because religion and ethnicity are often closely linked, it was difficult to categorize some incidents as being solely based on religious identity. Several influential imams and former government officials cautioned against divisive language that conflated certain ethnic groups, such as Fulani populations, with extremists.

In June and July, in Koro and Bankass, perceived extremist elements reportedly prohibited the sale of alcohol and pork, including to non-Muslims, in exchange for security. According to a local church leader, extremists also threatened to ban the practice of Catholicism, teach Islam, and impose sharia on Catholics. The extremist elements later departed those areas and, as of October, had not returned. Most of the churches remained open.

According to a member of the UJMA, local Shia did not face discrimination from the government, but they often faced it from followers of different schools of Islam that perceive Shia practices to be incorrect.

According to a local NGO and videos released on social media, on April 20, armed individuals believed to be terrorists entered a market in the village of Sarafere, Timbuktu Region, and announced a ban on activities such as selling or buying tobacco. The armed group said these activities were not permissible under Islamic law and threatened to return and kill anyone found with tobacco. The unidentified individuals also told the population to join them and leave behind their “hedonistic ways” or prepare “to kill or be killed,” according to local NGO representatives and videos.

Islamist armed groups targeted and closed government schools that taught any curriculum not based on Islam, replacing them with Quranic schools teaching a strict interpretation of Islam, according to NGOs and media reports. According to Caritas, the schools that closed due to threats or conflict did not reopen, and more schools were closed throughout the year, especially in Mopti Region.

The constitution defines the country as an Islamic republic and recognizes Islam as the sole religion of its citizenry and the state. The law and legal procedures derive from a combination of French civil law and sharia. The judiciary consists of a single system of courts that relies on a combination of sharia and secular legal principles.

The law prohibits apostasy. The criminal code requires a death sentence for any Muslim convicted of apostasy, but the government has never applied this provision since it was enacted in 2018.

The criminal code also treats blasphemy as a capital offense and subject to the death penalty. Courts may consider an individual’s repentance as a mitigating factor in determining the punishment for offenses related to blasphemy and apostasy. The government has never applied capital punishment for blasphemy.

The penal code stipulates that the penalty for unmarried individuals of any gender caught engaging in sexual activity is 100 lashes and imprisonment of up to one year. The penalty for married individuals convicted of adultery is death by stoning, although the last such stoning occurred more than 30 years ago. The penal code requires death by stoning for males convicted of consensual homosexual activity. These punishments apply only to Muslims.

The government does not register Muslim religious groups, but all nongovernmental organizations (NGOs), including humanitarian and development NGOs affiliated with religious groups, must register with the Ministry of Interior. Faith-based NGOs must also agree to refrain from proselytizing or otherwise promoting any religion other than Islam. The law requires the Ministry of Interior to authorize in advance all group meetings, including non-Islamic religious gatherings and those held in private homes.

By law, the MIATE is responsible for enacting and disseminating fatwas, fighting “extremism,” promoting research in Islamic studies, organizing the Hajj and Umrah pilgrimages, and monitoring mosques. The government also appoints the High Council for Fatwa and Administrative Appeals, which advises the government on conformity of legislation to Islamic precepts, and which has sole authority to regulate fatwa issuance and resolve related disputes among citizens and between citizens and public agencies.

The law requires members of the Constitutional Council and the High Council of Magistrates to take an oath of office that includes a promise to God to uphold the law of the land in conformity with Islamic precepts.

Public schools and private secondary schools, but not international schools, are required to provide four hours of Islamic instruction per week. Religious instruction in Arabic is required for students seeking the baccalaureate.

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

In early February, police arrested 15 individuals in connection with a meeting of AREM, an association that promotes a secular state. Although several of those arrested were released after questioning, eight were charged with blasphemy and other offenses related to holding unauthorized meetings and using social media to attack Islam. Five of the eight were held in pretrial detention from February until their court hearing on October 20. The court did not to convict the eight men of blasphemy, which is punishable by death, but instead convicted all of them on lesser counts of violating the “prohibitions prescribed by Allah.” All eight were fined and sentenced to various prison terms. The five who were held in pretrial detention since February were sentenced to six- and eight-month prison terms, but the judge said that their time spent in pretrial detention would be counted towards their overall sentences, and the five were released by October 26.

The government continued to forbid non-Muslims from proselytizing, although there was no specific legal prohibition. The government continued to ban any public expression of religion except that of Islam.

The possession of non-Islamic religious materials remained legal, although the government continued to prohibit their printing and distribution. The government maintained a Quranic television channel and radio station. Both stations sponsored regular programming on themes of moderation in Islam.

Authorized churches were able to conduct services within their premises but could not proselytize. An unofficial government requirement restricted non-Islamic worship to the few recognized Christian churches. There are Roman Catholic and other Christian churches in Nouakchott, Kaedi, Atar, Nouadhibou, and Rosso. Citizens could not attend non-Islamic religious services, which remained restricted to foreigners.

On January 21, President Mohamed Ould Cheikh El Ghazouani chaired the opening ceremony of the first international forum on the role of Islam in Africa. The government organized the forum in collaboration with Cheikh Mahfoudh Ould Boya’s forum for peace. The forum explored areas of cooperation among Islamic countries and published a statement outlining the importance of tolerance and moderation in Islam in Africa.

On May 6, the government adopted a draft bill to prevent violence against women and girls. The government adopted the bill after consultation with the Ministry of Justice, the Ministry of Social Affairs, and the MIATE, which discussed ways to make the draft law more compatible with sharia principles. Although the draft law advanced in the legislative process, the National Assembly, which previously rejected two earlier drafts of this bill on grounds of “noncompliance with Islam,” had not voted on whether to adopt the law by year’s end.

During the year, relations between the government and leaders of the Islamist movement in the country continued to improve, according to media reports. On June 24, President Ghazouani met with the former president of the Islamist Tawassoul Party, Mohamed Jemil Mansour. The government also worked with Tawassoul, the largest opposition party in the National Assembly, to adopt legislation aimed at mitigating the effects of the COVID-19 pandemic.

Several international Christian NGOs reported they continued to operate successfully in the country. The government continued to advance the draft Law on Associations (the “NGO Law”) through the legislative process. The law, once adopted, would change the registration system to make it easier for NGOs, including faith based organizations, to register and operate.

The MIATE continued to collaborate with independent Islamic religious groups and other foreign partners to combat what it termed extremism, radicalization, and terrorism. On September 10, the MIATE organized a two-day meeting with the European Union and G5 Sahel member states, including Mauritania, Mali, Chad, Burkina Faso, and Niger, at which they shared best practices for preventing violent extremism and stressed the importance of a moderate, tolerant version of Islam.

The government continued to provide funding to mosques and Islamic schools and universities under its control. The government also organized an examination to recruit 800 imams and prayer callers, which officials said enabled them to select imams who supported moderate versions of Sunni Islam instead of imams that supported Wahhabism. The government paid monthly salaries of 5,000 ouguiyas ($140) to 800 imams who passed the examination conducted by a government-funded panel of religious authorities. It also paid monthly salaries of 2,500-10,000 ouguiyas ($68-$270) to 30 members of the National Union of Mauritanian Imams, an authority established to regulate the relationship between the religious community and the MIATE.

Islamic classes remained part of the educational curriculum, but class attendance was not mandatory and not required for graduation. Academic results in the classes did not count significantly in the national exams that determined further placement. Many students reportedly did not attend these classes for various ethnolinguistic, religious, and personal reasons. The Ministry of National Education and the MIATE continued to reaffirm the importance of the Islamic education program at the secondary level as a means of promoting Islamic culture and combating religious extremism.

According to the constitution, the country is a Muslim state and Islam is the religion of the state. The constitution guarantees freedom of thought, expression, and assembly, and says the state guarantees every individual the freedom to practice his or her religious affairs. The constitution states the King holds the title “Commander of the Faithful” and that he is the protector of Islam and the guarantor of the freedom to practice religious affairs in the country. The constitution prohibits the enactment of laws or constitutional amendments infringing upon its provisions relating to Islam and also recognizes the Jewish community as an integral component of society. According to the constitution, political parties may not be founded on religion and may not denigrate or infringe on Islam. A political party may not legally challenge Islam as the state religion. Religions other than Islam and Judaism are not recognized by the constitution or laws.

The government claims the territory of Western Sahara and administers the area it controls by the same constitution, laws, and structures as elsewhere in the country, including laws that deal with religious freedom. The Popular Front for the Liberation of Saguia el Hamra and Rio de Oro (POLISARIO), an organization seeking the territory’s independence, disputes this claim to sovereignty over the territory.

The constitution and the law governing media prohibit any individual, including members of parliament normally immune from arrest, from criticizing Islam on public platforms, such as print or online media or in public speeches. Such expressions are punishable by imprisonment of up to two years and a fine of up to 200,000 dirhams ($22,400).

The law penalizes anyone who “employs enticements to undermine the faith” or converts a Muslim to another faith by exploiting their weakness or need for assistance or through the use of educational, health, or other institutions. It provides punishments of six months to three years’ imprisonment and a fine of 200 to 500 dirhams ($22 to $56) for violations. The same penalties apply to anyone who intentionally interferes with religious rites or celebrations where this causes disturbances or affects the dignity of such religious acts. The law also provides the right to a court trial for anyone accused of such an offense. Voluntary conversion is not a crime under the law. The law permits the government to expel summarily any noncitizen resident it determines to be “a threat to public order,” and the government has used this clause to expel foreigners suspected of proselytizing.

By law, impeding or preventing one or more persons from worshipping or from attending worship services of any religion is punishable by six months to three years imprisonment and a fine of 200 to 500 dirhams ($22 to $56). The penal code states any person known to be Muslim who breaks the fast in public during the month of Ramadan without an exception granted by religious authorities is liable to punishment of six months in prison and a fine of 200 to 500 dirhams ($22 to $56). Owners have discretion to keep their restaurants open during Ramadan.

The High Authority for Audiovisual Communications established by the constitution requires all eight public television stations to dedicate 5 percent of their airtime to Islamic religious content and to broadcast the Islamic call to prayer five times daily.

Sunni Muslims and Jews are the only religious groups recognized in the constitution as native to the country. A separate set of laws and special courts govern personal status matters for Jews, including functions such as marriage, inheritance, and other personal status matters. Rabbinical authorities, who are also court officials, administer Jewish family courts. Muslim judges trained in the country’s Maliki-Ashari Sunni interpretation of sharia administer the courts for personal status matters for all other religious groups. According to the law, a Muslim man may marry a Christian or Jewish woman; a Muslim woman may not marry a man of another religion unless he converts to Islam. Non-Muslims must formally convert to Islam and be permanent residents before they can become guardians of abandoned or orphaned children. Guardianship entails the caretaking of a child, which may last until the child reaches 18, but it does not allow changing the child’s name or inheritance rights, and it requires maintaining the child’s birth religion, according to orphanage directors.

Legal provisions outlined in the general tax code provide tax benefits, land and building grants, subsidies, and customs exemptions for imports necessary for the religious activities of recognized religious groups (Sunni Muslims and Jews) and religious groups registered as associations (some “foreign” Christian churches). The law does not require religious groups to register to worship privately, but a nonrecognized religious group must register as an association to conduct business on behalf of the group (e.g., open and hold bank accounts, rent property, acquire land and building grants, and have access to customs exemptions for imports necessary for the religious activities) or to hold public gatherings. Associations must register with local Ministry of Interior officials in the jurisdiction of the association’s headquarters. An individual representative of a religious group that is neither recognized nor registered as an association may be held liable for any of the group’s public gatherings, transactions, bank accounts, property rentals, or petitions to the government. The registration application must contain the name and purpose of the association; the name, nationality, age, profession, and residential address of each founder; and the address of the association’s headquarters. The constitution guarantees civil society associations and nongovernmental organizations (NGOs) the right to organize themselves and conduct their activities freely within the scope of the constitution. The law on associations prohibits organizations that pursue activities the government regards as “illegal, contrary to good morals, or aimed at undermining the Islamic religion, the integrity of the national territory, or the monarchical regime, or which call for discrimination.”

Many foreign-resident Christian churches (churches run by and attended by foreign residents only) are registered as associations. The Roman Catholic, Russian Orthodox, Greek Orthodox, Protestant, and Anglican Churches maintain different forms of official status. The Russian Orthodox and Anglican Churches are registered as branches of international associations through the embassies of Russia and the United Kingdom, respectively. Protestant churches and the Catholic Church, whose existence as foreign-resident churches predates the country’s independence in 1956, as well as the Russian and Greek Orthodox Churches, maintain a special status recognized by the government, which allows them to preserve houses of worship and assign foreign clergy.

By law, all publicly funded educational institutions must teach Sunni Islam in accordance with the teachings and traditions of the Maliki-Ashari school of Islamic jurisprudence. Foreign-run and privately funded schools have the choice of including or omitting religious instruction within the school’s curriculum. Private Jewish schools may teach Judaism.

According to the constitution, only the High Council of Ulema, a group headed and appointed by the King with representatives from all regions of the country, is authorized to issue fatwas, which become legally binding only through the King’s endorsement in a royal decree and subsequent confirmation by parliament. Such fatwas are considered binding only on Maliki-Ashari Sunni Muslims. If the King or parliament declines to ratify a decision of the council, the decision remains nonbinding and unenforced.

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

In May, authorities arrested movie actor Rafik Boubker for making “blasphemous remarks against Islam and attacking the sacredness of worship.” According to the Agence France Presse news agency, in a video posted to social media, Boubker appeared to insult imams, to call for making religious ablutions with “whiskey and vodka,” and to praise the benefits of alcohol for “connecting with God.” Boubker, who was released on bail pending a court hearing, faced a possible sentence of between six months and two years in prison and a fine of 20,000 to 200,000 dirhams ($2,200 to $22,400). On July 14, the Ain Sebaa Court of First Instance in Casablanca postponed his trial. At year’s end, the date of the trial remained unknown.

On March 16, the King ordered the High Council of Ulema to issue a fatwa mandating the immediate closure of mosques to prevent the spread of COVID-19. According to the government, the mosques were opened four months later under strict compliance with COVID-19 measures.

Some Salafists who oppose the government objected to the closures as an assault on faith. One Salafist leader, Abou Naim, called on the government to close “casinos, bars, and debauchery…instead of talking about mosques.” He also said, “The country that closes its mosques renounces its religion. Do not despise the mosque, otherwise God will punish you.” Police arrested Abou Naim on March 17, the day after he posted a video on Facebook containing his criticism. After the government indicted him for inciting hatred and violence and compromising public order, the Rabat Court of Appeal sentenced him on April 3 to one year in prison and a 2000-dirham ($220) fine.

Authorities continued to deny Christian citizen groups freedom of worship in churches, the right to Christian or civil marriage and funeral services, and the right to establish churches (or, unlike foreign churches, to establish an association). The government denied official recognition to NGOs that it considered to be advocating against Islam as the state religion.

In February, the JCO protested in Rabat and Tangier a decision made in February 2019 to close unlicensed mosques in Casablanca, Kenitra, and Inezgane, which were operating in the homes of JCO members. According to press reports, on February 20, Agadir University expelled three students affiliated with JCO for “insulting public officials and defamation of things intended for public benefit.”

The JCO remained banned but largely tolerated, although the government continued to monitor its activities. It remained the largest social movement in the country despite being unregistered. The JCO continued to release press statements, hold conferences, manage internet sites, and participate in political demonstrations. According to media, there were instances in which the government prevented the organization from meeting and restricted public distribution of JCO publications. On June 25, the JCO announced it did not consider itself a religious minority, but rather an Islamic advocacy organization deprived of basic rights.

During the year, there were no reports of authorities prohibiting nonregistered religious groups from practicing their religion in private.

Community leaders from various Christian groups said authorities continued to make telephone or house calls to demonstrate that they continued to monitor Christian activities. According to various sources, authorities said the purpose of such monitoring was to protect minority religious communities. Authorities also informed all religious communities they would be monitoring their compliance with COVID-19 restrictions, as they did with the general population.

A number of religious groups reported occasionally informing authorities of planned large gatherings, for which authorities sometimes provided security.

According to religious leaders and legal scholars, the government’s refusal to allow Shia Muslim groups to register as associations continued to prevent these groups from gathering legally for public religious observations. There were no known Shia mosques. According to Shia community members, they were able to pray in Sunni mosques, but they risked criticism from other worshippers for their religious practices. Shia representatives reported they did not attempt to register during the year because they feared security forces would harass them, as had been the case in previous years.

AMDH applied for registration in 2019 but remained unregistered. At year’s end, a foreign religious association was still waiting for its organization’s registration to be renewed, limiting its ability to hold meetings and raise funds.

The U.S. NGO Open Doors stated in its annual World Watch List report for 2020 that the penal code, which criminalizes “shaking the faith” of a Muslim, put many Christians who talked to others about their faith at risk of criminal prosecution and arrest. The NGO also stated that while the penal code provision “only punish[ed] proselytization, converts to Christianity [could] be punished in other ways, such as loss of inheritance rights and custody of their children.”

Christian leaders said there were no reports of authorities pressuring converts to renounce their faith by informing friends, relatives, and employers of the individual’s conversion.

The government continued to allow the operation of registered foreign-resident Christian churches. Christian citizen leaders reported that Christian citizens generally did not attend those services out of fear of incurring governmental harassment, including the opening of a file with security authorities. Some foreign-born clergy and Christian citizen leaders stated that some citizens who were well known to be Christian encountered no harassment from government security officers when they attended the services of registered foreign-resident Christian churches. Foreign residents and visitors attended religious services at those churches without restriction.

The 2017 ban on the import, production, and sale of the burqa remained in effect. The Ministry of Interior cited security concerns as justification for the ban. The ban did not prevent individuals from wearing burqas or making them at home for individual use. Authorities continued to prohibit anchors on national television and police and army personnel in uniform from wearing a hijab or burqa.

MEIA’s Mohamed VI Institute remained the principal government institution responsible for shaping the country’s religious life and promoting its interpretation of Sunni Islam. It employed 2,100 morchidines (male Muslim spiritual guides) and 901 morchidates (female Muslim spiritual guides) in mosques or religious institutions throughout the country. The morchidates taught religious subjects and provided counsel on a variety of matters, including women’s legal rights and family planning. The institute continued to provide government-required one-year training to imams, training an average of 150 morchidines and 100 morchidates a year. It also continued to train foreign imams, predominantly from sub-Saharan Africa. The training sessions fulfilled the requirement for religious leaders to acquire a certificate issued by the High Council of Ulema to operate in the country. The High Council of Ulema also continued to host continuing training sessions and capacity-building exercises for religious leaders. On July 1, the Mohamed VI Institute announced that training would continue during the COVID-19 pandemic and released a number of future morchidine (150) and morchidate (100) openings for 2021.

The government required religious leaders who worked in the country to abide by the guidelines outlined in the MEIA-issued Guide of the Imam, Khatib, and the Preacher. The MEIA continued to guide and monitor the content of sermons in mosques, Islamic religious education, and the dissemination of Islamic religious material by broadcast media, actions it said were intended to combat violent extremism.

On February 15, MEIA suspended the imam of an Oujda mosque because he criticized “the deal of the century,” a reference to potential normalization of ties between Arab states and Israel, during the Friday sermon. In response, an expert close to the Movement for Unity and Reform, the social Islamist movement closely linked to Party of Justice and Development, criticized the MEIA for limiting the imam’s freedom of speech and defended the suspended imam and his views.

The MEIA continued to monitor Quranic schools to prevent what the ministry considered inflammatory or extremist rhetoric and to ensure teaching followed approved doctrine.

The government required mosques to close to the public shortly after daily prayer times to prevent use of the premises for what it termed “unauthorized activity,” including gatherings intended to promote extremism. Construction of new mosques, including those constructed using private funds, required authorization from the MEIA.

The government continued to restrict the distribution of non-Islamic religious materials as well as some Islamic materials it deemed inconsistent with the Maliki-Ashari school of Sunni Islam.

The government’s policy remained to ban the sale of all books, videotapes, and DVDs it considered religiously extremist.

The government permitted the display and sale of Bibles in French, English, and Spanish. A limited number of Arabic translations of the Bible were available for sale in a few bookshops for use in higher education courses.

Some Amazigh (Berber)-rights activists reported intolerance and suppression of traditional Amazigh customs in rural Amazigh villages by government-appointed morchidates.

The government continued drafting and implementing an educational charter mandating traditional education be based on “values” and the “respect for religious and legal studies.” The Ministry of Education continued a review of the religion curriculum used in primary and secondary education to make reforms based on “universal values of liberty, empathy, solidarity, and honesty.” Since the review began in 2016, 29 textbooks have been rewritten, and modifications to textbooks continued during the year.

On November 19, King Mohammed VI approved a decision to teach Jewish history and culture as part of the Arabic-language curriculum in public primary schools. A joint statement from the American Sephardi Federation and the Conference of Presidents of Major American Jewish Organizations called the decision an “enduring commitment to recognizing a pluralist past” and stated, “at the core of this effort is enhancing understanding and fostering the connection between Muslims and Jews.” MEIA in July announced plans to encourage public universities to include teachings about Christianity, Judaism, Hinduism, and Buddhism. The University of al-Quaraouyine in Fez offered courses on the history of Judaism, Hebrew culture and language, and the Old Testament. Coursework also included the history of Hinduism, Buddhism, and Christianity.

Jewish and Christian citizens continued to state that elementary and high school curricula did not include mention of the historical legacy and current presence of their groups in the country. The government continued to fund the study of Jewish culture and heritage at state-run universities.

The government continued to disseminate information about Islam and Judaism over dedicated state-funded television and radio channels. Television channel Assadissa (Six) programming was strictly religious, consisting primarily of Quran and hadith (authoritative sayings and deeds ascribed to the Prophet Muhammad) readings and exegeses, highlighting the government’s interpretation of Islam.

According to observers, the government tolerated social and charitable activities consistent with Sunni Islam. For example, the Unity and Reform Movement, the country’s largest registered Islamic social organization, continued its close relationship with the Party of Justice and Development, the largest party in the governing coalition, and continued to operate without restriction, according to media reports.

From April to September, the Baha’is of Morocco community invited followers of its Facebook page from different faiths to pray for relief from COVID-19 and organized several online conferences.

The monarchy continued to support the restoration of synagogues and Jewish cemeteries throughout the country, efforts it stated were necessary to preserve the country’s religious and cultural heritage and to serve as a symbol of tolerance. According to the government and Jewish leaders, MEIA did not interfere in operations of or practices in synagogues after COVID-19 outbreaks in March that followed Purim celebrations and a wedding in Agadir.

The Prison Administration authorized religious observances and services, provided by religious leaders, for all prisoners, including religious minorities.

On March 30, the government launched an investigation into a list of members of the Jewish community that were said to have COVID-19. The list was posted on social media and contained names, contact information, and other sensitive personal information. Some sources from the Jewish community also said the list was used to refuse treatment at some private medical clinics.

On January 22, the King received Catholic Archbishop of Rabat Cristobal Lopez Romero to offer congratulations on his elevation to Cardinal. The King stated that the audience represented the values of coexistence, compassion, and understanding.

On January 16, the King visited Bayt Dakira, a museum and synagogue in a historic 19th century home that preserves the heritage of the country’s Jewish community in Essaouira and in the country more broadly. The King also held a banquet in honor of members of the Jewish community present.

According to press and NGO reports, Ahmed Abbadi, the head of the government-sponsored Rabita Mohammedia of Religious Scholars, an institute that promotes tolerance, participated in a January 23 visit by a delegation of senior Islamic scholars to Auschwitz. During the visit, he stated his condemnation of the Nazis’ “barbarity” and “crimes against humanity.”

Ministry of Interior and MEIA authorization continued to be a requirement for the renovation or construction of churches. On June 21, St. John’s Anglican Church in Casablanca, which is home to an expatriate Anglican community, hosted the grand opening of its community center, built with approval from government authorities. The church building was undergoing government-approved renovation at year’s end, with an expected grand opening in 2021.

The constitution prohibits religious discrimination, specifies separation of religion and state as an unalterable principle, and stipulates equality under the law for all, regardless of religion. It provides for freedom of conscience, religion, worship, and expression of faith consistent with public order, social peace, and national unity. The constitution also states no religion or faith shall claim political power or interfere in state affairs and bans political parties based on religious affiliation.

The law on the organization and practice of religion, passed and ratified in 2019, reaffirms existing laws on freedom of religion, as long as religion is exercised respecting “public order and moral good.” It provides for government regulation and approval of the construction of places of worship and oversight of financial contributions for the construction of religious venues.

Religious groups are treated the same as other nongovernmental organizations and must register with the Ministry of Interior’s Customary and Religious Affairs Office. Registration approval is based on submission of required legal documents, including the group’s charter, minutes of the group’s board of directors, annual action plan, and list of the organization’s founders. Only registered organizations are legally recognized entities. Nonregistered groups are not legal entities and are not permitted to operate, although some unregistered religious organizations reportedly operate without authorization in remote areas. The Ministry of Interior requires clerics speaking to a large national gathering either to belong to a registered religious organization or to obtain a special permit.

Registered religious groups wishing to obtain permanent legal status must undergo a three-year review and probationary period before the Ministry of Interior’s Customary and Religious Affairs Office may grant a change in legal status from probationary to permanent.

The constitution specifies the President, Prime Minister, and President of the National Assembly must take an oath when assuming office on the holy book of his or her religion. By law, other senior government officials are also required to take religious oaths upon entering office.

The government prohibits full-face veils in the Diffa Region under state of emergency provisions, with the stated purpose of preventing concealment of bombs and weapons.

The government prohibits open air, public proselytization events by all religious groups due to expressed safety concerns. There is no legal restriction on private, peaceful proselytization or conversion of an individual from one religious faith to another as long as the group sponsoring the conversion is registered with the government.

The establishment of any private school by a religious association must receive the concurrence of both the Ministry of Interior and the relevant department of the Ministry of Education (primary, secondary, superior, or vocational). Private Quranic schools, established uniquely to teach the Quran without providing other education, are unregulated. Most public schools do not include religious education. The government funds a small number of special primary schools (called “French and Arabic schools”) that include Islamic religious study as part of the curriculum.

There are no restrictions on the issuance of visas for visiting religious representatives; however, the long-term residency of foreign religious representatives must be approved by the Ministry of Interior.

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

Implementation of the 2019 National Worship Strategy was hindered by COVID-19 restrictions, civil unrest, and the government’s focus on the December general election. The strategy’s six goals were to design and implement a plan for the location of places of worship; promote quality religious training; encourage educational and tolerant religious public discourse; ensure “adequate supervision” of religious practice; strengthen intra- and interreligious dialogue; and discourage violent religious extremism. The status of the planned National Worship Councils remained unclear at year’s end.

On March 17, the government decreed 10 measures to control COVID-19, including a ban on gatherings and social distancing requirements. On March 23 in Mirriah Commune, located 11 miles east of Zinder and approximately 550 miles east of Niamey, numerous young people took part in street demonstrations to denounce the government’s COVID-19-prevention ban on religious gatherings and the arrest of a local imam who refused to comply. Demonstrators barricaded the streets, burned tires, and set fire to the mayor’s office. Police and gendarmerie were dispatched to break up the riot. Media reported that several young men were wounded as a result of the confrontations. On March 27, following additional clashes in Zinder, police arrested a number of demonstrators. According to press reports, most of the demonstrators were followers of Imam Garin Malam, who had urged them to disobey the government’s restrictions on communal prayers.

On April 18, the High Islamic Council issued a statement urging Muslims to abide by government COVID-19 measures banning large public gatherings, including group prayers, during Ramadan. The council also urged Muslim leaders and preachers to conduct COVID-19 awareness campaigns. Large numbers of Muslims reportedly prayed at mosques the next day.

Cheikh Boureima Abdou Daouda registered as a candidate for the December 27 presidential election as the candidate of the Democratic Union of Renaissance Socialists (UDSR Martaba), a party he founded 20 years ago. Daouda was the first imam of the University of Niamey’s mosque to enter a presidential race.

The Islamic Forum, established by the government in 2017 to standardize the practice of Islam and prevent the spread of Islamic extremism, continued to liaise with the government.

Government officials continued to express concern about funding from Iran, Qatar, Saudi Arabia, Turkey, United Arab Emirates, and other countries for the construction of mosques and the training of imams, but according to observers, the government had only limited resources to track the extent of the funding and fully understand its consequences.

The government stated that it continued to face a series of persistent and growing security threats from the group alternatively known as “the Islamic State in West Africa,” or “the Islamic State’s West Africa Province,” formerly known as Jama’at Ahl as-Sunnah lid-Da’wah wa’l-Jihad, and commonly known as Boko Haram, a jihadist terrorist organization active in the region. Armed terrorist groups, including Boko Haram and groups affiliated with al-Qaida, ISIS in the Greater Sahara (ISIS-GS), and ISIS-West Africa (ISIS-WA), attacked and killed both civilians and security forces, according to media. Boko Haram and ISIS-WA continued regular attacks in the Diffa Region in the Lake Chad Basin, while ISIS-GS and JNIM increased attacks in the border areas with Mali and Burkina Faso. Armed groups also reportedly conducted targeted campaigns of killings and threats against what they called “informants.” ISIS-GS and Jama’at Nasr al-Islam wal Muslim affiliates in northern Tillabery Region reportedly continued charging local villagers Islamic taxes, while members of terrorist organizations in western Tillabery Region reportedly burned government-funded schools, telling villagers their children should not attend secular schools.

The constitution prohibits religious discrimination and provides for equality of rights for all citizens regardless of religious belief. It grants freedom of religion and the right of individuals to express their faith freely and in public, individually, or with others. The constitution also protects the religious identity of all communities. The constitution states restriction of freedoms and rights may not be applied to personal conviction, conscience, thought, or religious confession. An amendment to the constitution cites five religious groups that automatically receive tax exemptions and other benefits: the Macedonian Orthodox Church, IRC, Catholic Church, Evangelical Methodist Church, and Jewish Community. It stipulates these five groups, as well as other registered groups, are separate from the state, equal before the law, and free to establish schools, charities, and other social institutions. The law allows other religious groups to obtain the same legal rights and status as these five groups by applying for government recognition and registration through the courts. The constitution bars political parties or other associations from inciting religious hatred or intolerance.

The law defines hate crimes as criminal offenses against a person, legal entity, or related persons or property committed because of a real or assumed characteristic, including nationality, ethnic origin, and religion or belief, of the victim. Hate speech and hate crimes are punishable criminal acts and may result in harsher sentences for other crimes when hate crime elements are involved. Penalties range from one to 10 years in prison and a minimum of 10 years’ imprisonment for hate crimes leading to death.

Religious organizations may apply to register as a “church,” a “religious community,” or a “religious group.” These classifications are based on group size, internal organization, and internal hierarchy. The law treats these three categories equally, bestowing the same legal rights, benefits, and obligations on all of them. The government recognizes 38 religious organizations, including the five named in the constitution. The total consists of 18 churches, 10 religious communities, and 12 religious groups. Once registered, a church, religious community, or religious group is exempt from taxes and is eligible to apply for restitution of properties nationalized during the Communist era (provided the group or community existed during that era), government-funded projects, and construction permits for preservation of shrines and cultural sites. It may also establish schools. Unregistered groups may hold religious services or other meetings and proselytize, but they may not engage in certain activities such as establishing schools or receiving donations that are tax deductible for the donor, and they are not tax-exempt.

Skopje Basic Court II accepts registration applications and has 15 business days to determine whether a religious organization’s application meets the legal registration criteria. The criteria are a physical administrative presence within the country, an explanation of its beliefs and practices that distinguishes it from other religious organizations, and a unique name and official insignia. An applicant organization must also identify a supervisory body in charge of managing its finances and submit a breakdown of its financial assets and funding sources, as well as minutes from its founding meeting. The law allows multiple groups of a single faith to register. Leaders or legal representatives of registered religious groups must be citizens of the country.

The court sends approved applications to the Committee on Relations between Religious Communities and Groups (CRRCG), a government body responsible for fostering cooperation and communication between the government and registered religious groups, which adds the organization to its registry. The CRRCG has no oversight or ability to influence the registration process. If the court denies the application, the organization may appeal the decision to the State Appellate Court. If the appellate court denies the application, the organization may file a human rights petition with the Constitutional Court, the highest human rights court in the country. If the Constitutional Court denies the petition, the organization may appeal the case to the ECHR.

The law does not permit religious organizations to operate primary schools but allows them to operate schools at the secondary level and above. Religious high schools use their own curricula and are not subject to the Ministry of Education’s certification. Students in religious high schools are not permitted to take the required national matriculation examination (baccalaureate) and therefore are unable to enroll in universities. The ministry requires sixth-grade students and above to take one of three elective courses, two of which have religious content: Introduction to Religions and Ethics in Religion. According to the ministry’s description, these courses teach religion in an academic, nondevotional manner. Orthodox priests or imams, depending on demand from parents and students, usually teach the courses, with ministry consent, and the state pays their salaries. The Ministry of Education mandates that all teachers of these subjects receive training from accredited higher education institutions taught by professors of philosophy or sociology. If students do not wish to take a course on religion, they may take the third option, Classical Culture in European Civilization.

All foreigners who seek to enter the country to carry out religious work or perform religious rites must obtain a work visa before arrival, a process that normally takes approximately four months. The CRRCG maintains a register of all foreign religious workers, and various government offices may approve or deny them the right to conduct religious work within the country. The CRRCG issues the approvals for temporary residence permits and/or working visa requests for missionaries and religious workers on behalf of registered churches, religious communities, and religious groups; the Ministry of Labor and Social Policy verifies they do not violate the country’s labor laws; and the Ministry of Interior looks at security aspects. Unregistered groups may seek work permits and visas according to the normal procedure. Work visas are valid for six months, with the option to renew for an additional six months. Subsequent visa renewals are valid for one year. There is no limit to the number of visa renewals for which a religious worker may apply. Clergy and religious workers from unregistered groups are eligible for visas.

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

At year’s end, Skopje Basic Court II had not taken action to comply with the May 2019 EC full country report, which called on the government to implement earlier ECHR rulings to respect the rights of the OAO and the Bektashi (Tetovo) Community. In 2017, the ECHR ruled the government violated the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) by rejecting the OAO’s earlier application for religious-group status. In 2018, the ECHR made a similar ruling regarding the Bektashi (Tetovo). The 2020 European Commission Progress Report, published in October, stated North Macedonia needed to implement the 2018 ECHR ruling.

Although the government compensated the OAO 9,500 euros ($11,700) for damages and court fees as required by the 2017 ECHR ruling in 2019, OAO authorities continued to state the government refused to register the group, interfered in the work of the judiciary in cases involving the OAO, and exerted pressure on the OAO to reapply for registration under a new name. The OAO cited a letter from Skopje Basic Court II in February requesting the OAO change its name because the court could not differentiate it from the MOC-OA. At year’s end, the OAO’s 2009 registration application, without a name change, remained pending with Skopje Basic Court II.

The government paid the Bektashi (Tetovo) Community compensation in June 2019 for damages and court fees as required by the 2018 ECHR ruling, but it took no further action in 2020. The group’s 2010 registration application remained pending with Skopje Basic Court II at year’s end.

According to government officials, the ECHR rulings did not change the country’s legal requirement that an applicant’s name be different from an already registered religious group; hence both the Bektashi (Tetovo) and the OAO needed to change or modify their names to register in court. According to these officials, the Bektashi (Tetovo) remained unregistered, mainly due to its unresolved property disputes with the IRC, the IRC’s interference with the courts, and because two other Bektashi communities were already registered, both in Kichevo. The officials said in the case of the OAO, registration had not been possible because it preferred to operate under the jurisdiction of the Serbian Orthodox Church and would not accept the removal of “AO” from its name, which the OAO considered historically important.

Skopje Basic Court II offered the OAO the opportunity to reapply with a new name in February, and the Bektashi (Tetovo) in March. Both applicants declined to consider a new name and asked the court to implement the respective ECHR rulings. There were no further developments in either case at year’s end.

In March, Skopje Basic Court II rejected the Bektashi (Tetovo) Community’s request to reexamine its registration application, based on the April 2018 ECHR ruling. The court’s October 2018 verdict stated it gave the Bektashi (Tetovo) a 30-day deadline to submit a new registration application under a name different from that of the two already registered Bektashi groups (in Kichevo). The Bektashi (Tetovo) refused and asked the court to instead implement the ECHR verdict. The court also gave the Bektashi (Tetovo) until December 15, 2019, to submit the necessary documentation and inform the court of its negotiations with the government regarding implementation of the ECHR’s ruling, which the Bektashi (Tetovo) declined to do.

The OAO and the Bektashi (Tetovo) Community said that, as unregistered communities, they continued to face discrimination and intimidation, such as lack of tax-exempt status, the inability to organize their own schools, and disparaging comments about them on social media. The OAO continued to accuse the government of bias against it and of failure to respect domestic and international law.

In June, the World Leader of the Bektashi Community, Baba Dede Edmond Brahimai, called on the government to immediately act to mend the infringement on the Bektashi’s (Tetovo) right to religious belief and property, urging then interim Prime Minister Oliver Spasovski’s government to implement (or comply with) the April 2018 ECHR ruling requiring the registration of the Bektashi (Tetovo) Community.

In January, the OAO called the Supreme Court’s December 2019 decision rejecting its request for an extraordinary review of the February 2017 Criminal Court ruling against defrocked Bishop Jovan Vraniskovski and two others for money laundering “inadmissible and unfounded.” The Supreme Court determined that Vraniskovski laundered and spent 8.6 million denars ($172,000) and that the property purchased with that money remained in the MOC-OA’s possession because Vraniskovski was an MOC-OA member at the time of purchase. In February 2017, the Criminal Court in Skopje sentenced Vraniskovski to 13 months in prison and two others to two-year suspended sentences. The appellate court upheld the criminal court’s ruling. The OAO stated the ruling was the result of government bias.

In March, the OAO said media had subjected its representatives to censorship for saying the government’s advocacy for MOC-OA autocephaly, which it began requesting in 2018, represented political interference in religious matters in violation of the country’s secular character. Additionally, OAO officials said their family members were unduly discriminated against in bureaucratic procedures for issuing certificates and travel documents.

During the year, Skopje Basic Court II received and approved three new registration applications. In June, it registered the “Bashkesia e Ehli Sunetit dhe Xhematit,” headquartered in Kumanovo and run by Sadulla Bajrami, a preacher many Sunnis said they considered controversial because they said he supported ISIS, which the CRRCG added to its registry. In December, the same court registered two groups: the Qadiriyya Badawi Group “Zakaria,” with headquarters in Kumanovo, and the “Dar al-Hadith” Islamic Salafi Community, headquartered in Skopje.

For the ninth year, the Bektashi (Tetovo) reported to police acts of harassment by individuals occupying the Harabati Baba Teqe compound in Tetovo as part of a property dispute with the IRC. Police were still investigating at year’s end. The Bektashi (Tetovo) stated these individuals stole equipment and kitchen utensils from the Bektashi (Tetovo) headquarters in Tetovo on the eve of the Sultan Nevruz spring holiday on March 22.

On May 19, Mayor of Gostivar Arben Taravari provided the IRC Mufti of Gostivar, Shaqir Fetahu, with property legalization acts for 28 Islamic religious buildings within the municipality, including for two Bektashi (Tetovo) teqes (shrines), both in the village of Vrutok. The Bektashi (Tetovo) Community said handing the property acts for teqes to the IRC, instead of the Bektashi (Tetovo) Community, was “unjust.”

The IRC stated the government treated the IRC as “its enemy,” showed favoritism toward the MOC-OA, and used a “selective justice” approach. The IRC said the government had restored less than 30 percent of property the state seized before gaining independence in 1991. Among the disputed properties was the Husamedin Pasha Mosque in Shtip, nationalized in 1955.

The IRC stated the government continued to deny a construction permit for a mosque in the ethnically and religiously mixed village of Lazhec, and that it continued to deny a permit to reconstruct a mosque in Strumica and the central mosque in Prilep, on the grounds they were cultural monuments under government, not IRC, jurisdiction.

In July, the IRC stated the government had favored the MOC-OA by granting it unique privileges, such as providing it with public properties free of charge and funding for the construction of new Orthodox churches.

The MOC-OA stated the municipality of Struga had still not ruled on an application, pending since 2013, for construction of an Orthodox church in the village of Oktisi.

Smaller religious groups continued to state the government treated them unequally and favored the religious groups listed in the constitution over others. They said Prime Minister Zaev, President Pendarovski, and other government officials often met only with the five constitutionally recognized groups.

On September 24, Prime Minister Zaev met with Archbishop Stefan and an MOC-OA delegation to discuss continued efforts to secure the MOC-OA’s autocephaly, a request Ecumenical Patriarch Bartholomew I began reviewing in 2018. Zaev expressed support and readiness to encourage government institutions to complete denationalizing the Church’s property and protect its cultural heritage. The delegation thanked Zaev for his letter to the Ecumenical Patriarch, sent in September, and for advocating for the MOC-OA’s autocephaly. In January, former interim Prime Minister Spasovski and then former Prime Minister Zaev met with the Ecumenical Patriarch and in September, both President Pendarovski and Prime Minister Zaev sent public letters asking him to bestow autocephaly on the MOC-OA. The OAO characterized this as government meddling in religious affairs.

On September 21, parliament amended the Law on High School Education; however, issues related to certifying religious high schools, final exams, and the ability of students graduating from these schools to enroll in the country’s universities remained unaddressed through year’s end.

Some religious groups, parents, and Ministry of Education officials stated Orthodox priests and imams hired to teach the required nondenominational introductory courses on religion and ethics often emphasized the practice of their own religions instead of presenting a neutral overview of different faiths.

On March 10, the government adopted the IHRA 2013 working definition of Holocaust denial and distortion. The government tasked the Ministry of Education and Science, Bureau for the Development of Education, and Institute of Spiritual and Cultural Heritage of the Albanians (ITSH) to translate, within three months, the December 2019 IHRA Recommendations for Teaching and Learning about the Holocaust into the Macedonian, Albanian, Turkish, and Serbian languages to disseminate to schools across the country.

In June, the ITSH launched a four-day online training course on Holocaust education for 45 elementary and high school teachers from around the country, in cooperation with the Ministry of Education and Science, Israeli Ministry of Foreign Affairs, and Yad Vashem World Holocaust Remembrance Center in Jerusalem. Minister of Education and Science Arber Ademi emphasized the importance of partnership and Holocaust education in the Balkans and noted this event was part of the strategy to incorporate Holocaust education within the formal state education system and to secure tools to implement it.

On January 6, political party leaders condemned anti-Semitic comments made on social media by Vidana Boskova Micevska, affiliated with the governing SDSM political party, against the then interim Minister of Labor and Social Policy and Jewish Community member Rashela Mizrahi. Micevska wrote on Facebook, “I don’t mind that Rashela joined a fascist party. I’m sure the Nazis also had Jews who fought for better welfare rights for the Jews.” On January 7, then former Prime Minister Zaev responded on Facebook, stating the heightened use of insults on social media was “unacceptable in any democratic society.” He called on SDSM members and supporters to “be responsible and refrain from hate speech, racism, and xenophobia, as well as any speech that may be perceived as anti-Semitic.”

Media widely publicized journalist Branko Trichkovski’s February 6 anti-Semitic tweet about Mizrahi, in which Trichkovski said Mizrahi “eats hummus made of dead Jews.” On February 7, the Ministry of Interior reported it notified the Basic Public Prosecutor’s Office in Skopje of the incident. In a February 7 Facebook post, SDSM condemned “all forms of hate speech, anti-Semitism, or any other direct or indirect humiliation or discrimination of individuals and groups.” The government made no charges regarding the incident.

On March 18, the government declared a 30-day state of emergency, and on March 21, it implemented a nationwide curfew to contain the spread of COVID-19. Authorities took a series of measures to limit mass gatherings, which impacted religious groups. Some religious groups objected to the government restrictions. On April 18, a group of approximately 100 Orthodox followers ignored the restrictions and gathered in the Bigorski Monastery to celebrate Easter.

On May 7, the IRC announced its plans to reopen mosques for prayer beginning on May 12 due to the decreased number of COVID-19 cases. On May 10, the IRC issued preventive measures for worshippers, including disinfecting mosques, limiting sermons to 10 minutes, and banning gatherings before or after prayers. On May 9, the government appealed to the IRC to reconsider its decision to reopen mosques, and a government press release urged religious communities to refrain from organizing any gatherings. On May 7, hundreds of Orthodox worshippers joined a procession in Struga to celebrate St. George’s Day, in contravention of measures prohibiting gatherings.

The government called on MOC-OA Archbishop Stefan and IRC Reis Rexhepi to express concerns regarding the May 7 religious procession in Struga and the IRC’s announcement to reopen mosques, and urged them to call for worshippers to act responsibly as well as to condemn any behavior contravening government measures. The IRC, however, reopened mosques on May 12. Reportedly, the government avoided confronting the IRC regarding noncompliance with COVID-19 restrictions because police had not taken any action to prevent the Struga procession and the government did not want to be perceived as favoring one religious group over another. Sources stated that the government was reluctant to take any action after police did not prevent the litany in Struga, and that this was probably to avoid being perceived as biased toward the MOC-OA.

On June 4, the Public Prosecutor’s Office told the press it had opened a case based on public information against Povardarie Eparchy Bishop Agatangel for publicly calling on Orthodox believers from the cities and municipalities of Veles, Kavadarci, Negotino, and Gevgelija to visit churches and cemeteries for Pentecost, despite government COVID-19 restrictions on mass gatherings.

The Basic Law declares Islam to be the state religion and declares sharia is the basis for legislation. It protects the right of individuals to practice other religions as long as doing so does not “disrupt public order or contradict morals.” The Basic Law prohibits discrimination based on religion. According to the Basic Law, the Sultan must be a Muslim.

There is no provision of the law specifically addressing apostasy, conversion, or renunciation of religious belief.

The penal code sets the maximum prison sentence for “insulting the Quran,” “offending Islam or any [Abrahamic] religion,” or “promoting religious and sectarian tensions” at 10 years. The law also penalizes anyone who, without obtaining prior permission, “forms, funds, [or] organizes a group…with the aim of undermining Islam…or advocating other religions” with up to seven years’ imprisonment. Holding a meeting outside government-approved locations to promote another religious group is also criminalized with a maximum sentence of three-years’ imprisonment. The law allows authorities to prosecute individuals for any message sent via any medium that “violates public order and morals.” Using the internet in a way that “might prejudice public order or religious values” is a crime that carries a penalty of between one month and one year in prison and a fine of not less than 1,000 Omani rials ($2,600).

All religious organizations must register with the government. The law does not specify rules, regulations, or criteria for gaining ministerial approval. Groups seeking registration must request meeting and worship space from one of the sponsor organizations recognized by MERA. New non-Muslim religious groups unaffiliated with a previously recognized sponsor must gain approval from MERA before they may register. Muslim groups must register, but the government – as benefactor of the country’s mosques – serves as their sponsor. MERA must also grant its approval for new Muslim groups to form. For non-Muslim groups, the ministry recognizes the Protestant Church of Oman (a partnership between the Reformed Church of America and the Anglican Church), Catholic Church in Oman, al-Amana Center (an interdenominational organization affiliated with the Reformed Church of America that promotes Muslim-Christian understanding), Hindu Mahajan Temple, and Anwar al-Ghubaira Trading Company in Muscat (Sikh) as official sponsors. The sponsors are responsible for recording and submitting to the ministry the group’s religious beliefs and the names of its leaders.

All individuals who deliver sermons in recognized religious groups must register with MERA. The licensing process for imams prohibits unlicensed lay members from preaching sermons in mosques, and licensed imams must deliver sermons within politically and socially acceptable parameters. Lay members of non-Muslim groups may lead prayers if they are specified as leaders in their group’s registration application.

The law restricts collective worship by non-Muslim groups to houses of worship on land specifically donated by the Sultan for the purpose of collective worship.

The law prohibits public proselytizing by all religious groups, although the government authorizes certain “Islamic propagation centers.”

The law states the government must approve the construction or leasing of buildings by religious groups. In addition, new mosques must be built at least one kilometer (0.6 miles) from existing mosques.

Islamic studies are mandatory for Muslim students in public schools from kindergarten through 12th grade. Non-Muslim students are exempt from this requirement if they notify school administrators they do not wish to attend such instruction. The classes take a historical perspective on the evolution of Islamic religious thinking, and teachers are prohibited from proselytizing or favoring one Islamic group over another. Many private schools provide alternative religious studies courses.

The Basic Law states sharia is the basis for legislation. Principles of sharia inform the civil, commercial, and criminal codes, but there are no sharia courts. Civil courts adjudicate cases according to the nonsectarian civil code. The law states that Shia Muslims, whose jurisprudence in these matters differs from that of Sunni and Ibadhi Muslims, may resolve family and personal status cases according to Shia jurisprudence outside the courts, and they retain the right to transfer their cases to civil courts if they cannot find a resolution within the Shia religious tradition. The law allows non-Muslims to seek adjudication of matters pertaining to family or personal status under the religious laws of their faith or under civil law.

Citizens may sue the government for abuses of their right to practice religious rites that do not disrupt public order; there have been no known cases of anyone pursuing this course in court.

Birth certificates issued by the government record an individual’s religion. Other official identity documents do not do so.

Foreigners on tourist visas who are not clergy may not preach, teach, or lead worship. Visa regulations permit foreign clergy to enter the country to teach or lead worship under the sponsorship of registered religious groups, which must apply to MERA for approval before the visiting clergy member’s entry.

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

According to an NGO report, Zaher al-Abri, an Islamic scholar who serves on the government-appointed Council of State, said in a televised interview that women should wear the hijab and only expose their palms and faces in public. He also said that cosmetics lack divine sanction.

According to religious leaders, MERA continued to monitor sermons at mosques to ensure imams did not discuss political topics. The government required all imams, regardless of their branch of Islam, to preach sermons within what the government considered politically and socially acceptable parameters. These parameters, which the government outlined monthly, included the distribution of a list of acceptable topics along with standardized and approved Friday sermons for Ibadhi and Sunni imams. Mosques under the purview of the Diwan (Royal Court), such as the Grand Mosque in Muscat, were not subject to this monitoring. The government-appointed Grand Mufti, the senior Ibadhi cleric in the country, remained the only imam able to speak publicly outside the designated government parameters. In November, the Grand Mufti criticized on Twitter the Pope’s comments expressing support for civil unions for lesbian and gay couples, describing this concept as “shameful and fallen.”

Religious groups continued to report opaque processes and unclear guidelines for registration, but none reported they were actively seeking to register with the government. While no published rules, regulations, or criteria existed for new religious groups to receive ministerial approval, MERA reportedly considered a group’s size, theology, belief system, leadership structure, and the availability of other worship opportunities before granting registration. MERA reportedly employed the same criteria whether the group was Muslim or non-Muslim. Observers said details of the process remained vague, although there were reports MERA consulted with existing religious communities before ruling on the application of a new religious group. According to MERA, there was no limit on the number of religious groups it could register. Representatives of some religious groups said that additional communication from MERA would help their communities navigate the process for obtaining property for religious facilities or clarify legal provisions governing religious practices.

The Church of Jesus Christ remained without a registration sponsor or a permanent place of worship. MERA was working with the Church, the Sikh community, and other groups to identify suitable, permanent places of worship, a MERA official said. Other religious minority groups, such as the Buddhist community, reported they did not have permanent independent places of worship as recognized groups, even though they represented a significant population in the country, primarily of expatriate workers.

Non-Muslims who worshipped in private homes continued to say the government did not interfere with Christian, Buddhist, Hindu, and other religious groups in their regular private worship services despite continuing legal prohibitions on worship outside of government-approved locations. Non-Muslim minority groups continued to report overcrowding at their places of worship. According to some religious leaders, space limitations also caused overcrowding at some private homes used for non-Islamic worship. MERA was willing to work with other government ministries to secure additional, government-approved land to relieve the overcrowding that some minority groups were experiencing, a MERA official said. Although at least one of the groups said that it had submitted requests in the past to acquire land for a house of worship, these groups stated that they were not actively pursuing land with MERA during the year, in part because of the disruption caused by the COVID-19 pandemic.

MERA approved major religious celebrations for non-Muslim groups in commercial or public areas on a case-by-case basis. For example, in the past several Hindu groups held large religious celebrations in indoor and outdoor venues throughout the country, which they coordinated with MERA by submitting an annual calendar of events. Pandemic precautions precluded such large celebrations during the year.

Religious groups said that, consistent with the government’s censorship policy mandating prior review of any published material, religious groups continued to need MERA approval to publish texts in the country or disseminate religious publications outside their membership. Religious groups stated they did not attempt, however, to share material with members of the public outside their places of worship. The government also continued to require religious groups to notify MERA before importing religious materials and to submit a copy to MERA. Religious minority leaders said the ministry did not review all imported religious material for approval, and non-Muslims were often able to import literature without government scrutiny.

The government provided land for all approved religious groups to build and maintain religious facilities in the country. Christian community leaders and MERA said that they were coordinating to establish a second Christian cemetery, since the first was reaching capacity. As of December, MERA officials stated that they had enlisted the help of the Ministry of Housing and Urban Planning to identify land for this site.

According to members of the legal community, judges often considered the religiosity of a Muslim parent during custody hearings, although there is no law stating that custody is tied to religious affiliation.

The government continued to fund the salaries of some Ibadhi and Sunni imams, but Shia or non-Muslim religious leaders were privately funded.

In February, the ADL again called on the government to remove a number of anti-Semitic titles being sold through the country’s annual state-run Muscat International Book Fair. According to the ADL, the listings included “numerous copies” of The Protocols of the Elders of Zion, Mein Kampf, and Henry Ford’s The International Jew, as well as “over a dozen” additional anti-Semitic books.

In November, the MFA’s Chief of Global Affairs participated in a two-hour virtual meeting with American Jewish Committee (AJC) officials as part of the country’s outreach to representatives of non-Muslim religious groups.

The government, through MERA, continued to publish al-Tafahum (Understanding), a quarterly periodical whose purpose, according to the government, was to broaden dialogue within Islam and promote respectful discussion with other faiths.

According to religious minority leaders, the Royal Oman Police collected religious affiliation information from expatriates applying for work visas.

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.

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