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Armenia

Executive Summary

The constitution states that everyone has freedom of thought, conscience, and religion. It recognizes the Armenian Apostolic Church (AAC) as the national church and preserver of national identity but also establishes separation of “religious organizations” and the state. The law prohibits, but does not define, proselytism, which may be interpreted as forced conversion. The trial continued of a prominent Baha’i lawyer, charged in 2017 with organizing illegal migration to the country. Baha’i community members said they believed the charges were brought because of his religion. On February 18, the Constitutional Court ruled as unconstitutional the blanket restriction on religious membership among law enforcement in the Law on Police Service. Following the ruling, a police officer dismissed in 2018 for his religious affiliation was reinstated in his position. Societal debate continued concerning government plans to review the public school curriculum on the history of the Armenian Church, which was in progress at the end of the year. During 44 days of intensive fighting from September 27 to November 10 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. During the hostilities, the government declared martial law, under which restrictions were imposed on freedoms of expression, assembly, and movement. Most of the restrictions were lifted December 2. In the territories previously controlled by Armenia-supported separatists, numerous incidents of neglect, destruction, and desecration of religious sites were reported. The Azerbaijani government stated 63 of the 67 mosques in these territories had been destroyed. It was unknown how many were damaged during earlier hostilities in the Nagorno-Karabakh conflict as a result of neglect, or due to intentional damage. Some mosques were reportedly used to house livestock, including pigs. International journalists visiting these territories following the fall fighting confirmed the destruction of Muslim graves and graveyards while under Armenia-supported separatist control.

Religious minorities said they continued to face hate speech and negative portrayals of their communities, especially in social media, although many reported a decrease in negative commentaries in mid-November after the end of intensive fighting between Armenia and Azerbaijan. According to observers, anti-Semitism increased in the country after Israeli-supplied weapons were used by Azerbaijan during the conflict. The Holocaust and Genocide Memorial – a memorial in downtown Yerevan marking the Holocaust and mass killing of more than one million Armenians by Ottoman Turkey – was vandalized on two occasions under unknown circumstances. According to Jehovah’s Witnesses, there were no instances of verbal harassment towards the group’s members during the year. One other minority religious group that preferred not to be identified reported a single incident of harassment during the year. Sources stated that societal and family pressure remained a major deterrent for ethnic Armenians to practice a religion other than the Armenian Apostolic faith.

The U.S. Ambassador and other embassy officials continued to promote religious tolerance, respect for religious minorities, and interfaith dialogue during meetings with government officials. The Ambassador and other embassy officials regularly consulted with minority religious groups, including evangelical Christians and other Protestants, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), Yezidis, the Jewish community, Apostolic Assyrians, Pentecostals, and Baha’is, as well as with individual members of the Muslim community, to discuss the state of religious freedom in the country. Embassy officials engaged government officials and civil society representatives to discuss the impact of the Nagorno-Karabakh conflict on religious groups and religious sites of significance to Armenian communities.

Section I. Religious Demography

The U.S. government estimates the total population at 3.0 million (midyear 2020 estimate). According to the 2011 census, approximately 92 percent of the population identifies as Armenian Apostolic. Other religious groups include Roman Catholics; Armenian Uniate (Mekhitarist) Catholics; Orthodox Christians; and evangelical Christians, including Armenian Evangelical Church adherents, Pentecostals, Seventh-day Adventists, Baptists, charismatic Christians, and Jehovah’s Witnesses. There are also followers of the Church of Jesus Christ and of the Holy Apostolic Catholic Assyrian Church of the East; Molokan Christians; Yezidis; Jews; Baha’is; Shia Muslims; Sunni Muslims; and pagans, who are adherents to a pre-Christian faith. According to an International Republican Institute (IRI) poll released in December 2019, 97 percent of the country’s population identifies as Armenian Apostolic, 2 percent other, and 1 percent none. According to members of the Jewish community, there are approximately 800 to 1,000 Jews in the country.

According to the country’s 2011 census, there are more than 35,000 Yezidis, with some more recent estimates suggesting approximately 50,000. Yezidis are concentrated primarily in agricultural areas northwest of Yerevan around Mount Aragats. Armenian Uniate Catholics live primarily in the north. Most Muslims are Shia, including Iranians and temporary residents from the Middle East.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states everyone shall have the right to freedom of thought, conscience, and religion. This right includes the freedom to change one’s religion or beliefs and the freedom to manifest religion or belief in rituals of worship, such as preaching or church ceremonies, either alone or in community with others, in public or in private. The constitution allows restrictions on this right to protect state security, public order, health and morals, or the fundamental rights and freedoms of others. The constitution establishes separation of “religious organizations” and the state. It recognizes the “exclusive mission of the Armenian Apostolic Church” as the national church in the “spiritual life, development of the national culture, and preservation of the national identity of the people of Armenia.” The constitution prohibits the exercise of fundamental rights and freedoms to incite religious hatred.

The law prohibits, but does not define, “soul hunting,” a term describing both proselytism and forced conversion. The law prohibits religious organizations with spiritual centers located outside the country from receiving funding from those foreign centers, but there is no mechanism to enforce the law. The law also prohibits religious organizations from funding or being funded by political parties.

The law does not categorize or regulate the residence status of foreign religious volunteers.

By law, a registered religious group may minister to the religious and spiritual needs of its faithful; perform religious liturgies, rites, and ceremonies; establish groups for religious instruction; engage in theological, religious, historical, and cultural studies; train members for the clergy or for scientific and pedagogical purposes; obtain and utilize objects and materials of religious significance; use media; establish ties with religious organizations in other countries; and engage in charity. The law does not require religious groups to register, but they must do so to conduct business in their own name (e.g., to own property, rent property, and establish bank accounts). The law does not stipulate rights accorded to unregistered groups.

To register as a legal entity, a religious community must present to the Office of the State Registrar an assessment from the Division of Religious Affairs and National Minorities stating its expert opinion whether the community complies with the requirements of the law that it be based on “historically recognized holy scripture.” It also must be “free from materialism and [be] of a spiritual nature,” have at least 200 adult members, and follow a doctrine espoused by a member of the “international modern system” of religious communities. The law does not define “free from materialism” or state which religious communities are part of the “international modern system.” The law specifies that this list of registration requirements, to which the Division of Religious Affairs and National Minorities must attest, does not apply to a religious organization based on the faith of one of the groups recognized as national minorities, including Assyrians, Kurds, Russians, and Yezidis, among others. A religious community may appeal a decision by the Office of the State Registrar through the courts.

The criminal code prohibits “obstruction of the right to exercise freedom of religion” and prescribes punishment ranging from fines of up to 200,000 drams ($390) to detention for up to two months.

The Office of the Human Rights Defender (ombudsman) has a mandate to address violations of human rights and fundamental freedoms, including the freedom of religion, committed by officials of state and local governments.

The penitentiary code allows penal institutions to invite clergy members to conduct religious ceremonies and use religious objects and literature. Prisoners may request spiritual assistance from the religious group of their choice. A joint Ministry of Defense-AAC agreement allows only AAC clergy to serve as military chaplains.

The law allows the AAC free access and the right to station representatives in hospitals, orphanages, boarding schools, military units, and places of detention, while other religious groups may have representatives in these locations only with permission from the head of the institution. The law also stipulates the state will not interfere with the AAC’s exclusive right to preach freely and spread its beliefs throughout the entire territory of the country.

The law mandates public education be secular and states, “Religious activity and preaching in public educational institutions is prohibited,” with the exception of cases provided for by law. While adding a course in the history of the Armenian Church (HAC) in a public or private school is optional, once a school chooses to do so, the course becomes mandatory for all students in grades five to 11; there is no opt-out provision for students or their parents.

The AAC has the right to participate in the development of the syllabi and textbooks for the HAC course and to define the qualifications of the teachers. While the Church may nominate candidates to teach the course, HAC teachers are state employees. The law grants the AAC the right to organize voluntary extracurricular religious instruction classes in state educational institutions. Other religious groups may provide religious instruction to their members in their own facilities but not within the premises of state educational institutions.

The labor code prohibits employers from collecting and analyzing data on the religious views of employees. Changes to the labor code, adopted by the National Assembly on June 2, authorize up to four days of unpaid leave for observing national and religious holidays or remembrance days, regardless of religious affiliation.

The law provides for two types of service for conscientious objectors as an alternative to compulsory, two-year military service: alternative (noncombat) military service for 30 months or alternative labor service for 36 months. Evasion of alternative service is a criminal offense. Penalties range from two months detention to eight years imprisonment, depending on the circumstances of the case.

The criminal code prohibits incitement of religious hatred calling for violence through public statements, mass media, or using one’s public position and prescribes punishments ranging from fines of 200,000 to 500,000 drams ($390 to $970) to prison terms of between three and six years.

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

Government Practices

During the year, Edward Manasyan, a prominent member of the Baha’i community, continued to face 2017 charges of facilitating illegal migration to the country by advising Iranians wishing to settle in the country. He was held in pretrial detention for eight months before the trial court judge released him on bail in 2018. On July 17, the Court of Appeals rejected two of the 2019 appeals filed by the Baha’i community against the NSS in connection with concerns over surveillance of Baha’i community members preceding Manasyan’s arrest. The Baha’i appeal stated the NSS illegally used wiretaps to surveil the community’s office as well as the community secretary and used the information gathered as the basis to charge Manasyan. The community’s appeal of these decisions with the Court of Cassation remained pending by year’s end. At year’s end, Manasyan’s trial was also ongoing.

According to sources, throughout the year, Narek Malyan, the founder of the initiative Veto, and his supporters continued to harass the Yezidi Center for Human Rights and its founder, Sashik Sultanyan, as part of their broader online campaign of harassment of Open Society Foundations-Armenia, a donor organization of the Yezidi Center for Human Rights. On September 8, Malyan stated he applied to the NSS to launch a criminal case against Sultanyan, accusing him of inciting national religious enmity, based on an interview Sultanyan gave to an Iraqi-based media outlet in which he discussed the issues faced by the Yezidi community in the country. The NSS launched a criminal case based on what civil society organizations called a fake and baseless accusation. While authorities did not charge Sultanyan as a defendant in the case, according to civil society, at year’s end, the NSS continued to investigate him and the Yezidi Center for Human Rights, hindering the organization’s activities and harassing those affiliated with the NGO.

Most public and private schools continued to teach HAC courses throughout the country in grades five through 11.

Yezidi community representatives again reported dissatisfaction with the mandatory HAC course, terming it “religious indoctrination.” While schools with an all-Yezidi student body were able to remove the course from their curriculum, Yezidi children who attended schools with a mixed student body were obliged to take the course, regardless of parental objections. There were anecdotal reports again stating that at least one public school in Yerevan and two public schools in Yezidi villages did not teach the course.

Several non-AAC religious groups again said they did not object to the inclusion of the HAC course in public schools, although some objected to the prayers and making the signs of the cross that reportedly occurred during the classes, and they said they would like to see a more accurate portrayal of religious groups other than the AAC. One Christian group stated that while religious education was important, it should include “all religions that are traditional to Armenia.”

NGOs, other religious organizations, atheists, and nonpracticing members of the AAC continued to publicly voice concerns about what they stated were elements of religious indoctrination contained in the HAC course as well as material equating AAC affiliation with national identity.

In June, the government’s announced plans to remove HAC courses from the mandatory school curriculum, generating public debate. While many individuals, including parents, teachers, and AAC clergy, said the course helped to develop a value system based on Armenian identity, others said schools should remain secular and moral values could be developed outside the HAC course. At year’s end, sources stated that a major rethinking of the entire school curriculum by the government remained in process.

The NGO Eurasia Partnership Foundation again stated its concerns about the existing HAC course and how its content affected the rights of religious minority groups. The foundation also welcomed the efforts of the Ministry of Education to develop new criteria for public school curriculums, stating that many of the foundation’s suggestions to address existing concerns were taken into consideration in the drafting process.

Although official figures for the 2020-2021 school year were not available, during the 2019-2020 school year, 74 schools included an optional course, entitled “History of the AAC/Christian Education,” in their curriculum for grades two through four.

The chaplaincy program, a joint Ministry of Defense-AAC initiative, continued to allow only AAC clergy to serve in the program.

According to official information from the Ministry of Justice, to satisfy the spiritual needs of detainees and convicts, AAC clergymen regularly visited penitentiaries, organized baptisms, offered liturgies, and celebrated holidays. The state of emergency announced on March 16 due to COVID-19 prohibited the “organization of religious rites and participating therein,” ending clergy visits to penitentiaries until the quarantine was lifted in September and penitentiaries started providing limited religious services that adhered to strict protection measures.

On February 11, a trial court ruled in favor of an appeal filed in 2019 by the Center for Religion and Law on behalf of a teacher in Yelpin Village in Vayots Dzor Region against her school administration. According to the Center for Religion and Law, the teacher became a subject of discrimination based on her religion when her instruction hours were reduced after parents of students accused the teacher of belonging to a “sect” because she was a member of an evangelical Christian church. The center requested rescission of the 2017 decision reducing her classes, restoration of the number of classes she taught, payment of back wages, and acknowledgement of the fact she was subjected to discrimination on religious grounds. According to the court ruling, the teacher was reinstated to her former position and paid back wages, but the court denied that discrimination had taken place.

On February 18, the Constitutional Court ruled that the article of the Law on Police Service that contained a blanket restriction on membership in a religious organization was unconstitutional. In the ruling, the Constitutional Court also stated that membership in religious organizations – as a form of freedom of expression and a way to exercise the right of freedom of association – is a right that may not be denied regardless of service in any militarized body, including police.

On June 4, a trial court ruled in favor of an appeal filed in 2018 by the Center for Religion and Law on behalf of police officer Edgar Karapetyan, who was dismissed from his position on the grounds he was attending an evangelical Christian church and, according to police, was a member of a religious organization, although it was not customary for religious groups to maintain membership records. Karapetyan was reinstated in his position and paid back wages.

Although there was no mechanism for enforcing the legal provision prohibiting funding of religious organizations by spiritual centers located outside the country, several religious organizations said they adhered to the ban and restricted their operations because they did not want to violate the law.

Beginning in August, some foreign citizen volunteers at local churches were denied requests to renew their residence permits as authorities applied a new interpretation of related laws and procedures. Government officials said churches could start paying their volunteers and apply for work papers or the volunteers could leave the country and return, allowing them to remain in the country for an additional 180 days. The provision affected some churches that decided to limit their volunteers’ service to 180 days.

Jehovah’s Witnesses said that the group halted construction of churches due to COVID-19 and therefore did not face difficulties building places of worship, unlike previous years. They largely suspended construction during the COVID-19 pandemic, although some minor renovations were completed. At year’s end, one case dating from 2016 was pending before the European Court of Human Rights regarding the prohibition by the Yerevan City Municipality on building places of worship on land owned by the Jehovah’s Witnesses. The Armenian Missionary Association of America continued its construction projects without interference and was planning additional construction the following spring.

At year’s end, 127 Jehovah’s Witnesses were working in the alternative civilian service program, compared with 129 in 2019. The alternative service appointments included positions in various hospitals, local utility companies, park maintenance services, boarding schools, eldercare facilities, and orphanages. During the fall conflict, the government allowed men in the alternative civilian service program to continue in that program. Additionally, in nearly all cases, Jehovah’s Witnesses who had served in the military prior to their conversion and were called up for service during the conflict were released from service after stating that they were Jehovah’s Witnesses or providing relevant documentation. According to government sources, Jehovah’s Witnesses were the only individuals participating in these programs, and none chose to serve in the alternative military service (military service that does not involve combat duty or the carrying, keeping, maintaining, or using of arms). Jehovah’s Witnesses reported the Armenia-supported de facto Nagorno-Karabakh authorities allowed them to worship in the region without hindrance but denied them registration as a religious group, as well as the right to conscientious objection to military service. They also reported all Jehovah’s Witnesses living in Nagorno-Karabakh evacuated to Armenia, and none were forced to serve in the military.

According to AAC spokesperson Vahram Melikyan, following its formation, the working group on government-AAC relations held ongoing meetings to discuss issues of mutual concern, including the spiritual health of the country’s citizens.

The government’s National Security Strategy, adopted in July, recognized the importance of the Armenian Catholic Church, Armenian Evangelical Church, Armenian Apostolic Church, and Christianity in the formation of national values. The strategy recognized respect and tolerance toward other peoples, nations, and religions as a national value. It emphasized the important role played by the three churches within the context of Armenia-diaspora relations and the government’s commitment to fully protecting the rights and freedoms of every person residing in the country. The strategy also stressed the importance of fully integrating ethnic minorities and vulnerable groups into every area of public life and the system of state governance. The strategy also stated the country’s commitment to protecting the right to life of ethnic, religious, and racial groups and their members as well as the prevention of genocide.

During 44 days of intensive fighting 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.

The Azerbaijani government reported 63 of the 67 mosques in the territories previously controlled by Armenia-supported separatists were completely destroyed. It was unknown how many were damaged during earlier hostilities in the Nagorno-Karabakh conflict as a result of neglect, or due to intentional damage. There were also reports of desecration of Muslim religious sites. Videos circulated on social media showed pigs in a mosque in Zangilan with defaced interior religious calligraphy; livestock in the Juma Mosque in Aghdam; and pigs in a mosque in Mamar, in the region of Qubadli. Armenian observers said the videos were staged or stated livestock entered the mosques of their own accord. International journalists visiting the territories following the intensive fighting confirmed the destruction of Muslim graves and graveyards while under Armenia-supported separatist control.

After Azerbaijan reestablished control over parts of Nagorno-Karabakh, the Azerbaijani government accused the Armenia-supported de facto authorities who previously controlled the territory of seeking to sever some religious sites’ connections with their Azerbaijani heritage. For example, de facto Nagorno-Karabakh authorities in Shusha renovated the Yukhari Govhar Aga Mosque with Iranian funding and labeled it a “Persian mosque.”

Section III. Status of Societal Respect for Religious Freedom

The conflict with Azerbaijan over Nagorno-Karabakh contributed to a rise in anti-Semitism, according to members of the Jewish community and other observers who largely attributed this to the Azerbaijani use of Israeli-produced weapons. According to observers, anti-Semitic slurs were again posted on social media platforms, in some cases together with cartoons depicting Jews in an offensive manner. The use of offensive slurs was particularly prevalent in posts on Facebook by anonymous antigovernment individuals targeting the Jewish leader of an international foundation. During the intensive fall fighting, the number of anti-Semitic posts increased, according to members of the Jewish community and other observers. Members of the Jewish community also reported anti-Semitic comments directed at them on public transport. The Hebrew and Armenian sides of Yerevan’s Holocaust and Genocide Memorial were defaced on two occasions, first on October 14 with paint, and again on October 22, when a fire was lit with wood around the bronze monument, resulting in discoloration and damage. Members of the Jewish community repaired the damage.

Other religious groups reported incidents of harassment during the year. A religious volunteer reported a car with a passenger drove up next to him when he was returning to his residence in Artashat, showing him what appeared to be a weapon through the window. On several occasions, persons walking past religious volunteers in Gyumri reportedly slapped them. The volunteers did not report the incidents to police.

The NSS continued its 2018 criminal case, on charges of incitement of religious hatred, against the creators of a 2018 Facebook page that falsely presented itself as associated both with the Word of Life Church and Prime Minister Nikol Pashinyan’s Civil Contract party. The case remained pending at year’s end.

According to Jehovah’s Witnesses, unlike previous years, there were no incidents of verbal harassment toward the group’s members publicly manifesting their religious beliefs during the year. One other minority religious group that preferred not to be identified reported a single incident of harassment during the year.

One Shia mosque, located in Yerevan, served all Islamic groups.

Section IV. U.S. Government Policy and Engagement

The Ambassador and other embassy officials continued to promote religious tolerance and interfaith dialogue during meetings with government officials, including from the Ministry of Foreign Affairs and political party representatives. Embassy officials engaged government officials from the Ministry of Education, Science, Culture and Sport and the Office of the Human Rights Defender to discuss the impact of the conflict over Nagorno-Karabakh on religious groups and religious sites of significance to Armenian communities.

The Ambassador and other embassy officials regularly consulted minority religious groups, including evangelical Christians and other Protestants; Jehovah’s Witnesses; the Church of Jesus Christ; Yezidis; the Jewish community; Apostolic Assyrians; Pentecostals; and Baha’is, as well as individual Muslims, to discuss the state of religious freedom in the country. On several occasions, the Ambassador publicly underscored the importance of fostering an inclusive society in which a diversity of viewpoints and beliefs is welcomed and encouraged. Embassy officials also discussed religious freedom with civil society, including addressing religious discrimination faced by minority religious groups and the impact of the Nagorno-Karabakh conflict on religious groups and religious sites that were significant to Armenian communities.

Australia

Executive Summary

The constitution bars the federal government from making any law that imposes a state religion or religious observance, prohibits the free exercise of religion, or establishes a religious test for a federal public office. The government considered public feedback on revised draft religious freedom laws whose stated aim was to make it unlawful to discriminate on the basis of religious belief or activity in key areas of public life. Citing pressures related to the COVID-19 pandemic, the government announced the legislation’s consideration would be delayed to an unspecified date. As movement restrictions imposed to contain the spread of COVID-19 began to ease in the latter part of the year, several religious leaders criticized remaining state government restrictions, saying they unfairly affected religious communities. Parliaments in the two most populous states – New South Wales (NSW) and Victoria – initiated inquiries into laws with the stated purpose of strengthening protections against religious discrimination and vilification. While Catholic archdioceses welcomed the legislation, some individual Catholic leaders expressed opposition to state laws enacted in Victoria and Queensland requiring religious leaders and workers to report evidence of child abuse, including evidence heard in confession.

There were reports that COVID-19 enabled conspiracy theorists, neo-Nazi sympathizers, and far-right hate groups to introduce new avenues of attack on religious organizations. Members of minority religious groups, including Jews and Muslims, experienced instances of religious discrimination, threats, attacks, and hate speech. Allegations of anti-Semitic bullying in a Melbourne school received widespread media attention and in July, the Victoria Department of Education launched an investigation into claims two Jewish brothers were regularly the subjects of verbal and physical abuse. There were several reports of anti-Semitic verbal attacks in Melbourne. In NSW, a man was jailed for 10 months for posting anti-Muslim threats on social media.

The U.S. embassy and consulates general engaged government officials and a wide range of religious leaders, faith communities, and groups to promote religious freedom. This included engagement with members of the country’s Uyghur community, some of whom have reported harassment by the Chinese Communist Party in the country.

Section I. Religious Demography

The U.S. government estimates the total population at 25.5 million (midyear 2020 estimate). According to the 2016 census, 52.1 percent of residents are Christian, including Roman Catholics (22.6 percent of residents), Anglicans (13.3 percent), Uniting Church (3.7 percent), Presbyterian and Reformed (2.3 percent), Baptist (1.5 percent), and Pentecostal (1.1 percent). Muslims constitute 2.6 percent of the population, Buddhists 2.4 percent, Hindus 1.9 percent, Sikhs 0.5 percent, and Jews 0.4 percent. An additional 9.6 percent of the population either did not state a religious affiliation or stated affiliations such as “new age,” “not defined,” or “theism,” while 30.1 percent reported no religious affiliation.

Revised figures from the 2016 census indicate that indigenous persons constitute 3.3 percent of the population, and that there are broad similarities in the religious affiliation of indigenous and nonindigenous individuals. In 2016, less than two percent of the indigenous population reported adherence to traditional indigenous religions or beliefs. Fifty-four percent of indigenous respondents identify as Christian, and an estimated 36 percent report having no religious affiliation.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution bars the federal government from making any law imposing a state religion or religious observance, prohibiting the free exercise of religion, or establishing a religious test for a federal public office. The constitution’s protection of the “free exercise of any religion” may be limited only when deemed necessary to protect public safety, order, health, or morals, or the fundamental rights and freedoms of others. Individuals who suffer religious discrimination may have recourse under federal or state and territory discrimination laws and bodies such as the Australian Human Rights Commission.

The state of Tasmania is the only state or territory whose constitution specifically provides citizens with the right to profess and practice their religion. In Queensland, Victoria, and the Australian Capital Territory, freedom of religion is protected in statutory human rights charters. The antidiscrimination laws of all states and territories, with the exceptions of NSW and South Australia, contain a prohibition against discrimination on the grounds of religious belief. NSW prohibits discrimination on the basis of “ethnoreligious origin,” and South Australia protects individuals from discrimination in employment and education on the grounds of religious dress. Complainants may seek redress through state and territory human rights bodies.

Religious groups are not required to register. To receive tax-exempt status for income or other benefits and an exemption from the goods and services tax (sales tax), however, nonprofit religious groups must apply to the Australian Taxation Office (ATO). Registration with the ATO has no effect on how religious groups are treated, apart from standard ATO compliance procedures. To receive tax-exempt status, an organization must be a nonprofit entity. An organization’s activities, size, and permanence are some of the factors taken into account when determining its tax-exempt status.

State and territory governments share responsibility for education policy with the federal government, and they generally permit religious education in public schools that covers world faiths and belief structures. Instruction in the beliefs and practices of a specific religion may also be permitted, depending on the state or territory. In some jurisdictions instruction must occur outside regular class time, while in others, alternative arrangements are made for the children of parents who object to religious instruction. The federal government provides funding to state and territory governments to support the employment of chaplains in public schools. Chaplains may represent any faith and are banned from proselytizing. Thirty-four percent of students attend private schools; approximately 94 percent of these schools are affiliated with a religious group.

In February, new laws in Victoria came into effect requiring religious leaders and workers to report suspected child abuse, including where discovered through confession. The law carries a sentence of up to three years in prison if a mandatory reporter (which includes persons in religious ministries) fails to report abuse to authorities. In September, the Queensland parliament passed laws requiring adults to report knowledge of child sexual abuse, including where information is gained during “a religious confession.”

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

Government Practices

In May, Prime Minister Scott Morrison announced delays to proposed religious freedom legislation as a consequence of his government’s focus on the COVID-19 pandemic. The government made no further announcements during the year related to the proposed laws’ revision or their introduction in the parliament. The government stated the purpose of the draft legislation was the prohibition of discrimination in key areas of public life on the ground of religious belief or activity and the creation of a new office of Freedom of Religion Commissioner in the Australian Human Rights Commission.

A revised draft of the religious freedom legislation, released in December, 2019, made several changes to the original draft legislation as a consequence of public consultation. This included provisions allowing religiously-affiliated hospitals, aged care facilities, and accommodation providers to take religion into account in staffing decisions; allowing religious camps and conference centers to take faith into account when deciding whether to provide accommodation; and narrowing conscientious objection protections for health professionals by expressly stating an objection must be to a service generally, rather than to the personal attributes or characteristics of an individual seeking a service. The draft laws continued to propose banning large businesses with a turnover of more than 50 million Australian dollars ($38.6 million) from setting codes of conduct that would have the effect of restricting or preventing an employee from making a statement of belief “other than in the course of the employee’s employment,” meaning outside the employee’s working hours, unless the business can prove it would cause “unjustifiable financial hardship to the business.” The draft laws continued to propose protections for “statements of belief” (i.e., statements of an individual’s religious beliefs) from the application of certain provisions of federal, state, and territory antidiscrimination laws that might otherwise make the statement of belief unlawful.

The government received approximately 7,000 submissions from interested members of the public related to the revised draft. The Australian Human Rights Commission praised the legislation’s objective of prohibiting discrimination on the grounds of religion, but it warned that other provisions “provide protection to religious belief or activity at the expense of other rights,” which in turn raised concerns about protections for religious organizations “participating in the general economy” that would allow them to deny services or exclude others in ways that the commission considered discriminatory. The commission recommended the government remove provisions exempting statements of belief from federal, state, and territory antidiscrimination laws. LGBTI Legal Service Inc. said these provisions “will allow discriminatory and hurtful comments to be made against a large portion of our community, including LGBTI people.”

Several religious groups, including the Australian Christian Lobby, welcomed “some improvements” in the revised draft, but they said there were “fundamental deficiencies” needing amendment, including broader protections for religious charities. The Anglican Church Diocese of Sydney welcomed changes permitting religious bodies to provide preference to persons who share their faith in an employment setting, but it lobbied for broader protections for religious charities and statements of belief.

Equality Australia, an organization that promotes “the wellbeing and circumstances of LGBTIQ+ people in Australia,” said the bill “continues to privilege the interests of some people and institutions over the rights of others,” and expressed concern that private sector employers “will find it harder to enforce universal standards of appropriate conduct across their workplaces.” The Australian Chamber of Commerce and Industry said the proposed protections for statements of belief potentially create “a serious issue for employers” in balancing employees’ public comments with their obligations to prevent discrimination in the workplace.

In response to a pledge made in late 2018 by the Prime Minister to remove religious schools’ ability to expel LGBTI students, Attorney General Christian Porter tasked the Australian Law Reform Commission to conduct an inquiry into religious exemptions in antidiscrimination legislation. In March, the Attorney General amended the original December, 2020 reporting deadline, setting it at 12 months after the draft religious freedom legislation passes the federal parliament.

In November, the Victoria state government introduced a bill that would ban practices that encourage individuals to change or suppress their sexual orientation or gender identity. If enacted, violation of this law could result in fines of up to 10,000 Australian dollars ($7,700) and 10 years in prison. Some religious leaders, including Catholic and Baptist clergy, criticized the bill, saying its language was too broad and could cause restrictions not only on practices considered harmful but also on the free speech and free choice of those following their religious beliefs. As of year’s end, the bill had not been passed by the state parliament.

As restrictions on movement that were imposed to contain the spread of COVID-19 began to ease in the latter part of the year, several religious leaders, including senior Catholic, Anglican, and Greek Orthodox clergy, criticized remaining state government restrictions, saying they unfairly affected religious communities. On October 21, the NSW state government eased restrictions on religious gatherings, increasing maximum attendance from 100 to 300 persons. St. Mary’s Cathedral in Sydney was granted an exemption from the NSW government’s 100-person cap on religious services to hold a larger ordination mass on September 19. In October, the Premier of Victoria State, citing public health recommendations, defended his government’s decision to ease restrictions in areas of Victoria outside the city of Melbourne on hospitality venues but not on religious gatherings. The leaders of several prominent religious groups criticized the decision.

State and territory governments administered grant programs supporting multicultural and multifaith communities throughout the country. In response to COVID-19, the Victoria state government provided grants to religious communities to upgrade their IT infrastructure to enable digital services in their facilities. In August, the Victoria government announced new grants to fund projects and IT capabilities for online cultural and religious festivals.

In February, several Hindu groups criticized comments made by Treasurer of Australia Joshua Frydenberg regarding the opposition Labor Party’s proposed “wellbeing budget” as demeaning to the Hindu religion, with the Hindu Council of Australia calling the comments “brazen, racist, and Hindu-phobic.” Frydenberg subsequently apologized for any offense taken by his depiction of an opposition spokesperson delivering his wellbeing budget after descending barefoot from an Ashram in the Himalayas.

When a new law requiring religious leaders to report suspicions of child abuse discovered through confession came into effect in February, a spokeswoman for the Catholic Archdiocese of Melbourne said the Church “fully supported” mandatory reporting. She declined to comment on the Archbishop of Melbourne’s previous position, in which he indicated he would refuse to comply with such a law. Queensland enacted similar laws in September. The Catholic Archbishop of Brisbane criticized the laws as making priests “less a servant of God than an agent of the state.” The laws in Victoria and Queensland followed similar legislation passed in South Australia (2017), Tasmania (2018), Western Australia (2019), and the Australian Capital Territory (2019).

In April, Roman Catholic Cardinal George Pell won an appeal in the country’s highest court that nullified his conviction for child sexual abuse. The High Court of Australia’s decision was unanimous in its ruling that the jury ought to have had reasonable doubt about Pell’s guilt based on testimony from other witnesses. Pell had been found guilty by a Victoria court in 2018, sentenced to six years’ imprisonment, and required to register as a sex offender. After his release, victims’ advocacy groups and others criticized the verdict. The same night Pell was released, the cathedral in Melbourne was vandalized with graffiti that included calls for the cardinal to “rot in hell.” A tricycle was tied to the fence of the monastery where Pell spent his first night following his release from prison.

In late 2019, the Victoria state parliament opened an inquiry into existing antivilification laws, examining the potential for the expansion or extension of protections. The stated purpose of the inquiry was to examine the effectiveness of the Racial and Religious Tolerance Act 2001, seek evidence of increasing vilification and hate conduct in Victoria, and examine online vilification. The inquiry was due to report back on September 1, but the deadline was extended to March 1, 2021 due to the COVID-19 pandemic. Speaking to the media about the inquiry, Premier Daniel Andrews said, “Anti-Semitism is on the rise – that is a fact.” Sources said the review would also consider a prohibition on publicly displaying anti-Semitic iconography, such as swastikas.

In August, the NSW state parliament began an inquiry into the Anti-Discrimination Amendment (Religious Freedoms and Equality) Bill 2020, proposing to make discrimination on the ground of a person’s religious beliefs or activities unlawful. Equality Australia criticized the bill for privileging “the interest of some people and institutions over the rights of others, including LGBTIQ+ people, women, people with disabilities, and even people with different or no beliefs,” by allowing organizations “to discriminate in employment, education, and service provision against others with different or no beliefs, even when religion has no relevance to the role…” The Anglican Church Diocese of Sydney welcomed the attempt to protect citizens from discrimination on the basis of religious belief. The inquiry received 144 public submissions.

Muslim immigrants detained in Brisbane filed a complaint in September with the Australian Human Rights Commission, saying they had not been given certified halal food for more than 12 months. The detainees stated that their caterer confirmed to them that the food was not certified halal.

Due to what they stated was an increasing number of students in NSW public schools who do not identify with a religion, some education groups continued to advocate for the removal of Special Religious Education classes from high schools. According to the NSW Teachers Federation, “School time is for teaching and learning, and special religious instruction should not be interrupting the crucial learning of students during the school day.” Government-approved Special Religious Education providers included representatives of Christian denominations, Islam, Judaism, Buddhism, and other religious groups. The NSW government requires schools to provide “meaningful alternatives” for students whose parents withdraw them from Special Religious Education, which could include courses in ethics. At year’s end, Special Religious Education remained in place in NSW public schools.

The Australian Multicultural Council continued to provide guidance to the government on multicultural affairs policy and programs. The government’s national multicultural policy, Multicultural Australia – United, Strong, Successful, continued to be based on a government-wide approach to maintaining social cohesion, and included religious freedom as a component.

The government continued to begin each session of parliament with a recitation of a short prayer, followed by the Lord’s Prayer, as has been the practice since 1901. Participation in the prayers remained optional.

Section III. Status of Societal Respect for Religious Freedom

In October, Stipe Lozina, who punched and stomped on a pregnant Muslim woman in 2019, was sentenced to three years in prison. Media reported that Lozina shouted “anti-Islamic hate speech at the victim and her friends” during the attack.

In January, a household in Victoria State prominently flew a swastika flag for several weeks. Neither the local council nor the police could require the flag’s removal, but a spokesperson for Victoria Police said it had been taken down after discussions with the homeowners, who stated they were not aware the flag could cause offense.

Sources stated that the COVID-19 pandemic enabled conspiracy theorists, neo-Nazi sympathizers, and far-right hate groups to introduce new avenues of attack on religious organizations. In August, during Victoria State’s second wave of COVID-19, a cluster of cases emerged at the Islamic Al-Taqwa College. Principal Omar Hallak told media that references to the “Al-Taqwa cluster” by state leadership, including Premier Daniel Andrews, had instigated online attacks from hate groups.

On July 17, the Australian Muslim Advocacy Network expressed concern to a Senate inquiry into foreign interference that “right-wing extremist rhetoric” was being brought into the country through various social media platforms. The network also stated that there were 12 fringe political parties in the 2019 federal election that ran on platforms that supported “discriminatory anti-Muslim polic[ies.]”

The NSW Attorney General’s Department told the state parliament that it was aware of three instances of swastika flags being flown in the state during the year.

There were reports that anti-Semitic rhetoric increased during the COVID-19 pandemic. In one well publicized incident, Victoria State Premier Daniel Andrews was targeted with anti-Semitic graffiti reading “Stop Dan Andrews,” with a Star of David replacing the “a” in “Dan” and a swastika replacing the “s” in “Andrews.” The Australian Jewish News reported that anti-Semitic content was posted online that included statements that blamed Jews for the COVID-19 pandemic and called it the “Jew Flu.” Anti-Defamation Commission chairman Dvir Abramovich warned that COVID-19 was fueling “anti-Semitic and hateful conspiracy theories blaming Jews for the pandemic.”

In June, an NSW man was jailed for 10 months for posting threats against Muslims on social media.

The Anti-Defamation Commission reported a Jewish man and his son were subjected to anti-Semitic verbal abuse in Melbourne in July. The two were standing on a busy road when a man began yelling at them, calling them “Jew dogs.”

In July, the Victoria Department of Education launched an investigation into anti-Semitic bullying at Brighton Secondary College, where two Jewish brothers said they were regularly the subjects of verbal and physical abuse, including taunts of “Heil Hitler” from students, as well as comments from teachers referring to Israel as “Palestine.” The brothers said they made numerous reports to teachers but no serious action had been taken.

In August, a Jewish Uber driver in Melbourne reported that a passenger asked him if he was Jewish. When the driver confirmed his religion, the passenger asked that the car be stopped, since he “did not want a Jew to drive him,” and as the car pulled over, the passenger verbally abused the driver with insults, including “Jewish scumbag.” Uber removed the passenger’s access to the app and the driver filed a complaint with Victoria Police.

On January 24, Islamic scholar Ismail al-Wahwah of the Australian chapter of Hizb ut-Tahrir delivered a sermon, later uploaded on YouTube, that denied the Holocaust and called for world domination by Islam.

The Executive Council of Australian Jewry reported 331 anti-Semitic incidents involving threats or abuse during the year, compared with 368 the previous year. According to the council, there was an increase in several more serious categories of incidents, including physical assault (eight, compared with four in 2019) and direct verbal abuse, harassment, and intimidation (128, compared with 114 in 2019). Graffiti reports declined to 42, compared with 95 in 2019.

The Community Security Group released a report on anti-Semitic incidents in 2019 in which it stated there were 451 reported incidents throughout the country, a 31 percent increase over the 343 incidents reported in 2018.

In May, vandals sprayed swastikas on a golf course in Melbourne that was originally founded by Jews nearly seven decades ago because they were not allowed to play at other clubs.

The Victoria State Equal Opportunity and Human Rights Commission received 36 complaints involving religion from July 2019 to June 2020, a 36 percent decrease from the previous year. Of these complaints, half occurred in the provision of goods and services, and just over a third occurred in employment. Complaints relating to employment under the Equal Opportunity Act and Racial Religious Tolerance Act decreased 28 in 2018/19 to 20 in 2019/20.

Section IV. U.S. Government Policy and Engagement

The embassy and consulates general engaged government officials and a wide range of religious leaders, faith communities, and groups to promote religious freedom. This included engagement with members of the country’s Uyghur community, some of whom have reported harassment by the Chinese Communist Party in the country.

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The Lessons of 1989: Freedom and Our Future