Bangladesh
Executive Summary
The constitution designates Islam as the state religion but upholds the principle of secularism. It prohibits religious discrimination and provides for equality for all religions. On March 12, a Bangladesh Speedy Trial Tribunal convicted and sentenced to death four Muslim defendants of the group Jamaatul Mujahidin Bangladesh (JMB), a violent extremist group accused in the 2016 killing of a Hindu priest. The government continued to provide guidance to imams throughout the country on the content of their sermons in its stated effort to prevent militancy and to monitor mosques for “provocative” messaging. Members of religious minorities, including Hindus, Buddhists, and Christians, who were sometimes also members of ethnic minorities, stated the government remained ineffective in preventing forced evictions and land seizures stemming from land disputes. The government continued to deploy law enforcement personnel at religious sites, festivals, and events considered possible targets for violence. In January, the Election Commission rescheduled local Dhaka elections after students and faith groups protested scheduling the elections during a Hindu festival.
In October, media reported a crowd of several hundred persons beat to death a Muslim visiting a mosque after a rumor spread that he desecrated a Quran in Lalmonirhat District, Rangpur Division near the country’s northern border. The man’s body was then set on fire. In July, according to press and Sufi Muslims, a Sufi follower was stalked and killed outside a Sufi shrine in Gazipur. In July, press reported local residents exhumed the body of an Ahmadi Muslim infant buried in an Islamic cemetery and dumped the body at the side of the road in protest of the infant’s burial, because they considered her family to be “infidels”; the body was later buried in a government cemetery. According to leaders in the Hindu community and media, in November, a crowd of several hundred looted, vandalized, and set on fire Hindu family homes in Cumilla District after rumors spread that local Hindu residents supported Charlie Hebdo’s publication in France of caricatures of the Prophet Mohammed, initially published in 2015 and reprinted in September. The Christian Welfare Trust and other human rights nongovernmental organizations (NGOs) continued to report harassment, communal threats of physical violence, and social isolation for Christians who converted to Christianity from Hinduism and Islam. The Bangladesh Hindu Buddhist Christian Unity Council (BHBCUC) said communal violence against minorities continued throughout the year, including during the COVID-19 pandemic.
In meetings with government officials, civil society members, religious leaders, and in public statements, the U.S. Ambassador, other U.S. embassy representatives, and the U.S. Ambassador at Large for International Religious Freedom spoke out against acts of violence in the name of religion and encouraged the government to uphold the rights of minority religious groups and foster a climate of tolerance. During the year, the United States provided nearly $349 million in assistance for programs to assist overwhelmingly Muslim Rohingya refugees from Burma and host communities. Embassy public outreach programs encouraging interfaith tolerance among religious groups continued during the year, including an event held on November 24.
Section I. Religious Demography
The U.S. government estimates the total population at 162.7 million (midyear 2020 estimate). According to the 2013 government census, the most recent official data available, Sunni Muslims constitute 89 percent of the population and Hindus 10 percent. The remainder of the population is predominantly Christian, mostly Roman Catholic, and Theravada-Hinayana Buddhist. The country also has small numbers of Shia Muslims, Ahmadi Muslims, Baha’is, animists, agnostics, and atheists. Leaders from religious minority communities estimate their respective numbers to be between a few thousand and 100,000 adherents.
Ethnic minorities concentrated in the Chittagong Hill Tracts (CHT) and northern districts generally practice a non-Islamic faith. The Garo in Mymensingh are predominantly Christian, as are some of the Santal in Gaibandha. Most Buddhists are members of the indigenous (non-Bengali) populations of the CHT. Bengali and ethnic minority Christians live in communities across the country, with relatively high concentrations in Barishal City and Gournadi in Barishal District, Baniarchar in Gopalganj District, Monipuripara and Christianpara in Dhaka City, and in the cities of Gazipur and Khulna.
The largest noncitizen population is Rohingya, nearly all Muslim. Human Rights Watch estimates approximately 1,500 Rohingya in the refugee settlements are Christians; approximately 450 are Hindu. According to the Office of the UN High Commissioner for Refugees, more than one million Rohingya refugees fled Burma in successive waves since the early 1990s. Most recently, in August 2017, approximately 740,000 Rohingya fleeing violence in Burma took refuge in the country. Nearly all who arrived during the 2017 influx sought shelter in and around the refugee settlements of Kutupalong and Nayapara in Cox’s Bazar District.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
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.
Government Practices
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.
Section III. Status of Societal Respect for Religious Freedom
In October, according to police and local reports, a crowd of several hundred persons carrying sticks beat to death Abu Yunus Md Shahidunnabi Jewel and then set his body on fire. According to local press accounts, Jewel and a companion visited a mosque while away from his hometown, and while viewing the mosque’s Quran and Hadith, the Quran fell to the ground. A rumor quickly spread that Jewel had desecrated the sacred text. After a crowd attacked Jewel and his companion, officials attempted to protect them in the local government office. The crowd, however, broke into the office and grabbed Jewel. Although his companion successfully fled to the rooftop, Jewel was beaten to death. After Jewel was killed, according to eyewitnesses and video clips, the crowd burned his body while chanting, “Nara E Takbeer Allahu Akbar,” loosely translated as “Shout out loud, God is greatest.” The crowd also attacked law enforcement officers, and police opened fire in what was described as a measure to bring the situation under control, although no casualties were reported. Police authorities formed a government human rights investigation committee team that found after three days of review no evidence Jewel desecrated the Quran.
In late July, according to reports by Sufi leadership and a local media outlet, a Sufi follower named Soheil was stabbed to death in Gazipur, Dhaka. A local media report said criminals noticed Sohail outside a Sufi shrine, followed him, tied his arms and legs, then stabbed him in the stomach and disemboweled him. JMB claimed responsibility and published an online video of the killing. The following morning, the killers tied a brick to Sohail’s body and threw it over the Fakir Majnu Shah Bridge into the Shitalakhya River. While interrogating suspected JMB militants, the Dhaka Counter Terrorism and Transnational Crime Unit uncovered this incident and attempted to recover Sohail’s remains. According to Sufi leadership, Sohail was known for selling religious objects and conducting spiritual healings and had the nickname “Maizbhandar Sohail,” linking him with one of the major Sufi shrines in Bangladesh and potentially making him a target. Following the admission, the crime unit included this incident in its investigation into the JMB militants.
Also in July, major news outlets reported the exhuming and subsequent dumping of an Ahmadi Muslim infant’s body on the roadside in Brahmanbaria District. In a public statement, the Ahmadiyya Muslim Community said the infant was born prematurely and died three days after birth. The bereaved family had buried the infant in a government cemetery, which according to the media reports caused local residents to become infuriated, not believing it appropriate to bury an Ahmadi Muslim’s body in a government cemetery for Muslims. After local residents exhumed the infant’s body, law enforcement responded to the incident and interviewed both the local residents and the family. Following intervention by law enforcement, the family agreed to rebury the infant in a separate Ahmadi cemetery. Human rights groups not associated with Ahmadiyya Islam termed the incident a “crude example of violence against religious minorities and abuse of human rights.”
According to the BHBCUC, communal attacks against ethnic and religious minorities occurred throughout the year, including during the COVID-19 pandemic. The BHBCUC counted 17 deaths in religious and ethnic minority communities between March and September. In June, the Bangladesh chapter of the World Hindu Federation released a press statement detailing a series of 30 incidents against Hindus in May. These included as many as four incidents in which Hindus were killed, according to the federation. The report also noted incidents of temple vandalism, forced conversion, rapes, and abductions of Hindu girls and women. In November, protesters demonstrated in Dhaka, Chattogram, and other parts of the country against communal attacks on minority religious communities. Saying government actions were not enough, protesters demanded tough action and accountability for perpetrators who they stated were harming religious harmony in the country.
In November, according to Hindu activist groups and widely reported in media, a Muslim crowd burned, looted, and vandalized Hindu family homes in Cumilla District, Chattogram Division. Local press outlets reported the crowd was incited by rumors that local Hindu residents supported the publication in the French magazine Charlie Hebdo of caricatures of the Prophet Muhammed, initially published in 2015 and reprinted in France in September. In remarks to the press, Home Minister Asaduzzaman Khan promised “stern, punitive actions” against the culprits and increased police presence in the affected village following the attack. By the end of the year, police arrested 16 suspects in connection with the violence.
According to press reports, in January, unknown persons attacked several Rohingya Christian families at the Kutupalong Maga refugee camp in Cox’s Bazaar. Although the reasons for the attack were unknown, one of the Christian refugees said intolerance against the Christian faith was the cause. According to Refugee Relief and Reparation Commissioner Mahbub Alam Talukder, 25 Christian families were transferred to another camp following the attack.
According to media reports, in July, individuals destroyed and forcefully removed the bamboo fence bordering a 200-year-old Hindu temple to the god Shiva and privately owned land in Dighirjan Village of Pirojpur District, in an attempt to take possession of the land. The landowner said no arrests or charges were made in connection with this incident.
The Christian Welfare Trust and other human rights NGOs continued to report harassment, communal threats of physical violence, and social isolation for converts to Christianity from Islam and Hinduism. The NGOs said individuals commonly associated a person’s faith with his or her surname. In spite of constitutional guarantees protecting an individual’s right to change faiths, according to the Christian Welfare Trust, when someone’s professed faith deviated from the faith tradition commonly linked with his or her surname, particularly if the professed faith was Christianity, harassment, threats, and social isolation could ensue.
NGOs continued to report tensions in the CHT between the predominantly Muslim Bengali settlers and members of indigenous groups, primarily Buddhist, Hindu, and Christian, largely over land ownership. In October, the Mro tribe, a majority Buddhist group, protested the development of a tourist hotel on Chimbuk Hill, Bandabarban, stating the project would displace tens of thousands of Mro from their ancestral land. According to NGO and press reports, the Mro acquiesced to handing over 20 acres of land believing it would be used for cultivation purposes. However, they later discovered an agreement between the Army Welfare Trust, a fund for Bangladesh Army officials, and a private Bangladesh company to construct a high-end hotel. The Mro said they were deceived when discussing the intended use of the property and did not relinquish their rights to the land.
Section IV. U.S. Government Policy and Engagement
The Ambassador and other embassy representatives regularly met with officials from the Office of the Prime Minister, Ministry of Religious Affairs, Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Social Welfare, and local government representatives to underscore the importance of religious freedom and tolerance. They discussed the importance of integrating religious freedom and other human rights into security policy and stressed the importance of respecting religious minorities’ viewpoints, minority religious inclusion within society, and protecting religious minorities from extremist attacks.
During the year, the United States provided nearly $349 million in assistance for programs to assist Rohingya refugees and host communities in the country, emphasizing U.S. support for protecting vulnerable religious minority groups.
As part of U.S.-funded training for community policing, the embassy specifically encouraged law enforcement officials to protect the rights of religious minorities.
Public outreach programs encouraging interfaith tolerance among religious groups continued during the year, including a virtual roundtable held on November 24 that brought together leaders from the Buddhist, Hindu, Christian, and Muslim faiths. During the discussion, participants discussed reports of rising communal attacks against religious minorities and how the United States could assist in protecting religious minorities. On December 18, Department of State and embassy officials participated in a virtual meeting with Hindus and Christians, including the Bangladeshi diaspora community in the United States, to similarly discuss rising communal attacks, possible causal factors, and appropriate response measures. Embassy officials attended religious festivals celebrated by the Buddhist, Hindu, and Muslim communities and emphasized in these events the importance of tolerance and respect for religious minorities. On November 18, the Ambassador visited the Hindu Sri Siddeswari National Temple and met with temple leadership to discuss COVID-19 and the pandemic’s impact on the Hindu community.
The embassy used social media throughout the year to promote religious freedom and tolerance. On October 27, U.S. International Religious Freedom Day, the embassy posted social media messages highlighting the U.S. government’s commitment to advancing religious freedom.
Embassy and other U.S. government officials expressed support for the rights of religious minorities and emphasized the importance of their protection. Embassy officials met regularly with a wide range of religious organizations and representatives, including the Islamic Foundation Bangladesh, BHBCUC, Bangladesh Christian Association, Buddhist Religious Welfare Trust, Christian Religious Welfare Trust, World Buddhist Association Bangladesh, Bangladesh Buddhist Federation, International Buddhist Monastery of Dhaka, and the Aga Khan Foundation. In these often virtual meetings, embassy and other U.S. government officials and representatives from the various groups discussed the state of religious freedom in the country, underscored the importance of religious tolerance, and identified challenges religious minorities encountered.
Brazil
Executive Summary
The constitution states freedom of conscience and belief is inviolable, and it provides for the free exercise of religious beliefs. The constitution prohibits federal, state, and local governments from either supporting or hindering any religion. According to media reports, a military officer threatened an Afro-Brazilian religious group multiple times, including with weapons. In July, media outlets reported an electrician would press charges against the mayor of Belford Roxo in Rio de Janeiro State because the mayor’s staff threatened him and made derogatory statements about his Afro-Brazilian Candomble religion. The city government later apologized. On July 31, a Sao Paulo court awarded custody of a 12-year-old girl to her maternal Christian grandmother, removing the girl from her mother, who had supported her daughter’s choice to practice Candomble. In an August 14 appeal decision, the court restored custody to the mother. During the year, high level government officials made public remarks that religious minorities considered derogatory. In January, President Jair Bolsonaro dismissed Culture Minister Roberto Alvim after Alvim included in remarks excerpts from a speech by Nazi propagandist Joseph Goebbels. In October, the Santa Catarina Liberal Party leadership removed a history professor from its candidate list for a local town council election in Pomerode due to his association with neo-Nazi symbols and for not being ideologically aligned with the party. In February, in response to attacks on Afro-Brazilian religious places of worship, known as terreiros, the municipal government in Baixada Fluminense, Rio de Janeiro State, inaugurated the Center for Assistance to Victims of Religious Intolerance to support victims of religious intolerance in the region. On January 21, municipalities throughout the country commemorated the National Day to Combat Religious Intolerance. In May, the Sao Paulo Legislative Assembly held the Sao Paulo State Religious Freedom Week, a series of virtual meetings to promote freedom of religion and tolerance.
According to national human rights hotline data and other sources, societal respect for practitioners of minority religions continued to be weak, and violent attacks on terreiros continued. Although less than two percent of the population followed Afro-Brazilian religions, 17 percent of the cases registered by the human rights hotline during the first six months of 2019 involved victims who were practitioners of Afro-Brazilian religions, down from 30 percent the previous year. According to the National Secretariat of Human Rights of the Ministry of Women, Family, and Human Rights, the national human rights hotline received 410 reports of religious intolerance in 2019, compared with 506 in 2018. Media reported individuals set fire to, bombed, and destroyed Afro-Brazilian places of worship, sometimes injuring or threatening worshippers. From January to August, the Jewish Federation of Sao Paulo recorded 149 incidents and allegations of anti-Semitism in the country in its annual Anti-Semitism Report. A global survey released in June by the Anti-Defamation League (ADL) showed that the percentage of Brazilians who harbor some anti-Jewish sentiment increased from 19 percent in 2019 to 26 percent in 2020. Authorities investigated the physical assault on a Jewish man in rural Sao Paulo in February. Three attackers shouted anti-Semitic offenses while they beat the victim and cut his kippah with a knife. Media and religious organizations reported increased accounts of hate speech directed at religious minorities on social media and the internet, in particular anti-Afro-Brazilian and anti-Semitic comments. On December 13, Rio de Janeiro Mayor Marcelo Crivella inaugurated the Monument in Memory of the Victims of the Holocaust. Religious organizations hosted interfaith community events, including the 11th Annual Walk against Religious Intolerance in Salvador, Bahia, which drew approximately five thousand Candomble followers.
In October, the Ambassador met with the Minister of Women, Family, and Human Rights. In September, embassy representatives met with the Ministry of Women, Family, and Human Rights’ Secretariat of Global Protection to discuss the importance of religious freedom. On September 1, the Ambassador met virtually with the President of the National Conference of Brazilian Bishops. In July, the embassy and consulates held an interfaith virtual roundtable to discuss the state of religious freedom, tolerance, and diversity in the country. In July, a representative from the consulate in Rio de Janeiro met with a representative of the local nongovernmental organization (NGO) Jewish Federation of Rio de Janeiro (FIERJ) to discuss challenges faced by the Jewish community in Rio de Janeiro and cases of anti-Semitism in the state. A consulate representative met with Candomble priest and head of the Commission to Combat Religious Intolerance (CCIR) Ivanir dos Santos to learn about the challenges faced within the Candomble community due to the COVID-19 pandemic, new cases of religious intolerance involving followers of Afro-Brazilian religions, and possible areas in which the United States could serve as a partner for promoting religious freedom. In August, the embassy held a virtual roundtable with four speakers, including a representative of an Afro-Brazilian community known as a quilombo (founded by runaway slaves), who discussed the challenges for members of the community who participate in religious events in the terreiro. The Rio de Janeiro Consul General wrote an op-ed in honor of the August 22 International Day Commemorating the Victims of Acts of Violence Based on Religion or Belief, published by Bahia newspaper Correio. On October 8, embassy representatives hosted a roundtable with representatives from three religious faiths and two interfaith organization representatives to discuss the state of religious freedom in the country and raise concerns regarding attacks on religious minorities.
Section I. Religious Demography
The U.S. government estimates the total population at 211.7 million (midyear 2019 estimate). According to a 2019 Datafolha survey, 50 percent of the population identifies as Roman Catholic, the same as the previous survey in 2016 but down from 60 percent in 2014. Atheists and those with no religion represent 11 percent, and the proportion of evangelical Christians is 31 percent, compared with 24 percent in 2016. Two percent practice Afro-Brazilian religions, and three percent are Spiritists. According to the 2010 census, which is the most recently available data from official sources, 65 percent of the population is Catholic, 22 percent Protestant, eight percent irreligious (including atheists, agnostics, and deists), and two percent Spiritist. Adherents of other Christian groups, including Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints, Seventh-day Adventists, as well as followers of non-Christian religions, including Buddhists, Jews, Muslims, Hindus, and Afro-Brazilian and syncretic religious groups, such as Candomble and Umbanda, make up a combined three percent of the population. According to the census, there are approximately 600,000 practitioners of Candomble, Umbanda, and other Afro-Brazilian religions, and some Christians also practice Candomble and Umbanda. According to recent surveys, many Brazilians consider themselves followers of more than one religion.
According to the 2010 census, approximately 35,200 Muslims live in the country, while the Federation of Muslim Associations of Brazil estimates the number to be 1.2 to 1.5 million. The largest communities reside in Sao Paulo, Rio de Janeiro, Curitiba, and Foz do Iguacu, as well as in smaller cities in the states of Parana and Rio Grande do Sul.
According to the Jewish Confederation of Brazil, there are approximately 125,000 Jews in the country. The two largest concentrations are 65,000 in Sao Paulo State and 33,000 in Rio de Janeiro State.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution states freedom of conscience and belief is inviolable, and the free exercise of religious beliefs is guaranteed. The constitution prohibits the federal, state, and local governments from either supporting or hindering any specific religion. The law provides penalties of up to five years in prison for crimes of religious intolerance, including bullying, employment discrimination, refusal of access to public areas, and displaying, distributing, or broadcasting religiously intolerant material. Courts may fine or imprison for one to three years anyone who engages in religious hate speech. If the hate speech occurs via publication or social communication, including social media, courts may fine or imprison those held responsible for two to five years. It is illegal to write, edit, publish, or sell literature that promotes religious intolerance.
Religious groups are not required to register to establish places of worship, train clergy, or proselytize, but groups seeking tax-exempt status must register with the Department of Federal Revenue and the local municipality. States and municipalities have different requirements and regulations for obtaining tax-exempt status. Most jurisdictions require groups to document the purpose of their congregation, provide an accounting of finances, and have a fire inspection of any house of worship. Local zoning laws and noise ordinances may limit where a religious group may build houses of worship or hold ceremonies. The law protects the right to use animal sacrifice in religious rituals.
Government regulations require public schools to offer religious instruction, but neither the constitution nor legislation defines the parameters. By law, the instruction must be nondenominational and conducted without proselytizing, and alternative instruction for students who do not want to participate must be available. Schools are required to teach Afro-Brazilian religion, history, and culture. The law allows public and private school students, except those in military training, to postpone taking exams or attending classes on their day of worship when their faith prohibits such activities. The law guarantees the right of students to express their religious beliefs and mandates that schools provide alternatives, including taking replacement exams or makeup classes.
The law prohibits public subsidies to schools operated by religious organizations.
A constitutional provision provides the right of access to religious services and counsel to individuals of all religions in all civil and military establishments. The law states that public and private hospitals as well as civil or military prisons must comply with this provision.
A Sao Paulo State law establishes administrative sanctions for individuals and organizations engaging in religious intolerance. Punishment ranges from a warning letter to fines of up to 82,000 reais ($15,800); the increase reflects changes in the law.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
In March, media reported that the Rio Grande do Sul Public Defender’s Center for the Defense of Human Rights opened an investigation of reports of religious intolerance against an Afro-Brazilian religious group located in a suburb of Porto Alegre. According to media reports, a military police officer threatened the followers multiple times, including with weapons. The reports stated that he and several other persons drove vehicles into the middle of the group’s religious celebrations. The incident was referred to the military police to evaluate the officer’s conduct. The case was pending at year’s end.
In July, media outlets reported electrician Wanderson Fernandes said he would press charges against the mayor of Belford Roxo in Rio de Janeiro for religious intolerance. According to Fernandes, the mayor’s staff deliberately destroyed a sidewalk in front of a Candomble temple, made derogatory statements about his religion, and verbally threatened him in the mayor’s presence for criticizing the mayor’s policies. In July, the Federal Prosecutor’s Office sent a formal request to the mayor to provide his version of events. According to Fernandes, the Belford Roxo city government repaired the sidewalk and formally apologized for the incident.
On July 31, a Sao Paulo court awarded custody of a 12-year-old girl to her maternal Christian grandmother, removing the girl from her mother, who had supported her daughter’s choice to practice Candomble. The grandmother filed for custody, stating the child faced physical and psychological harm after the mother shaved her daughter’s head for a Candomble religious ceremony. Although court documents were not publicly available due to the minor status of the child, media reported authorities found no evidence of physical or psychological harm and the girl said Candomble was her religion of choice. In an August 14 appeal decision, the court returned custody to the mother.
According to the Brazilian Federation of Muslim Associations (FAMBRAS), women said they faced difficulties in being allowed to wear Islamic head coverings such as the hijab when going through security in airports and other public buildings.
In June, several media outlets published a video recording of Palmares Foundation President Sergio Camargo verbally harassing a religious leader and coordinator for promoting policies and protection of religious diversity. The Palmares Foundation is a public institution connected to the Ministry of Culture that promotes Afro-Brazilian art and culture. Mae Baiana, the religious leader, filed a complaint with the Federal District police department specializing in hate crimes based on religion. The federal police opened an investigation of the case.
Prominent Jewish organizations publicly stated their outrage at what they considered anti-Semitic comments made by high level government officials. In May, former Minister of Education Abraham Weintraub compared a Federal Police operation against fake news to Kristallnacht. Multiple Jewish organizations condemned the comparison, and the Israeli embassy in Brasilia posted on Twitter, “There has been an increase in the use of the Holocaust in public speeches in a way that belittles its memory and this tragedy that happened to the Jewish people.” The same month, on his personal blog, Foreign Minister Ernesto Araujo criticized COVID-related stay-at-home orders by comparing them to a Nazi concentration camp. Multiple Jewish organizations condemned Araujo’s statements as inappropriate and disrespectful. In a series of tweets responding to the criticism, Araujo publicly rejected anti-Semitism and stated his comments were taken out of context. During the year, Araujo spoke out regarding the importance of religious freedom. On November 16, at the 2020 Ministerial to Advance Freedom of Religion or Belief, he stated, “Religious freedom should not be an afterthought. Religious freedom is essential to freedom as a whole.” By year’s end, there was no official investigation into comments that were alleged to be anti-Semitic.
Also in May, the President of the Brazilian Jewish Confederation objected to President Bolsonaro’s use of the slogan “Work, unity, and truth will set Brazil free,” noting its similarity to the Nazi inscription at the entrance to the Auschwitz concentration camp: “Arbeit macht frei” (“Work will set you free”). Supporters of Bolsonaro said the slogan was based on a New Testament passage: “And you will know the truth, and the truth will set you free.”
In January, President Bolsonaro dismissed Culture Minister Roberto Alvim after Alvim included in remarks excerpts from a speech by Nazi propagandist Joseph Goebbels. Referring to his decision to remove Alvim, Bolsonaro stated, “I reiterate our rejection of totalitarian and genocidal ideologies, as well as any kind of explanation for them. We also express our full and unrestricted support for the Jewish community, of which we are friends and share common values.”
In October, the Santa Catarina Liberal Party leadership removed history professor Wandercy Pugliesi from its candidate list for a local town council election in Pomerode due to his association with neo-Nazi symbols and for not being ideologically aligned with the party. Pugliesi had a large, tiled swastika symbol in his personal pool and named his son Adolf; police seized Nazi-related materials from him in 1994. Fernando Lottenberg, President of the Brazilian Jewish Confederation, praised Pugliesi’s removal. The local Santa Catarina Jewish Federation’s President called Pugliesi’s actions “appalling and regrettable.”
The NGO Center for Articulation of Marginalized Populations (CEAP) reported Afro-Brazilian victims of religious intolerance in Rio de Janeiro State continued to view police and the judiciary as being indifferent, in general, to attacks on Afro-Brazilian places of worship. It cited what it said were a lack of investigations and arrests in these cases. In response to attacks on Afro-Brazilian religious places of worship, the municipal government in Baixada Fluminense, Rio de Janeiro, inaugurated a new building in February that housed the Center for Assistance to Victims of Religious Intolerance. The center offered professional legal, psychological, and social assistance to support victims of religious intolerance in the region.
In July, Sao Paulo State increased sanctions for engaging in religious intolerance. Punishments range from a warning letter to fines of up to 82,000 reais ($15,800).
In November, during the International Religious Freedom Ministerial hosted by Poland, Foreign Affairs Minister Araujo stated his government’s commitment to protecting religious freedom at home and abroad and announced Brazil would host the 2021 ministerial.
On January 21, municipalities around the country commemorated the National Day to Combat Religious Intolerance. The CCIR and CEAP organized a series of seminars and debates at Rio de Janeiro’s Federal Justice Cultural Center to discuss respect for, and tolerance of, religious diversity, including countering religious persecution against practitioners of Afro-Brazilian religions. Also on January 21 in Sao Paulo State, the city of Sao Carlos’ Human Rights Department held a film screening, followed by a discussion of different actions that could be taken to address religious intolerance. Officials from the Department of Human Rights of the Municipal Secretary of Citizenship and Social Assistance organized and attended the event.
During the year, the Inter-Religious Forum for a Culture of Peace and Freedom of Faith, an entity of the Sao Paulo State Secretary of Justice and Citizenship with representatives from 22 religious groups, established a partnership with the Sao Paulo Court of Justice to create a panel to mediate and resolve religious conflicts. COVID-19 restrictions delayed the formation of the panel.
In May, the Sao Paulo Legislative Assembly held the Sao Paulo State Religious Freedom Week, a series of virtual meetings to promote freedom of religion and tolerance. Governor Joao Doria opened the first meeting, an International Forum of Religious Freedom and Citizenship, saying, “The ability to coexist with differences is what makes the world happier and a better place to live in. Now, more than ever, we need dialogue, understanding, and union.” State Deputy Damares Moura, President of the State Parliamentary Group for Religious Freedom, organized the event; an estimated 7,000 persons participated.
The CCIR and CEAP launched a series of events to coincide with the 13th observance of the Walk Against Religious Intolerance in Rio. Due to the COVID-19 pandemic, the CCIR organized virtual seminars and debates from August 27 to September 27. Activities convened participants from various faiths to discuss challenges to religious intolerance and call attention to crimes of religious intolerance.
On December 13, Rio de Janeiro Mayor Crivella inaugurated the Monument in Memory of the Victims of the Holocaust. Acting Governor Claudio Castro said, “The inauguration of this monument sends an important message of respect, love, and tolerance that is fundamental for today’s society.” The memorial, which organizers began planning in 2017, was the result of a partnership between the municipal government, the Brazilian-Jewish community, and private donors. Prominent national and regional leaders, many from the Brazilian-Jewish and evangelical Christian communities, delivered remarks emphasizing their commitment to preserving the memory of Holocaust victims and solidarity with the Jewish people and Israel. Supreme Court Justice Luiz Fux said, “This memorial is so that we do not suffer from the vice of indifference and also to express our indignation at the Holocaust.” Plans for the monument include a small museum and cultural space to be used for Holocaust education activities and programming.
Section III. Status of Societal Respect for Religious Freedom
Although less than two percent of the population followed Afro-Brazilian religions, a disproportionate amount of the cases registered by the human rights hotline involved victims who were practitioners of Afro-Brazilian religions; 17 percent of the cases registered by the human rights hotline during the first six months of 2019 involved victims who were practitioners of Afro-Brazilian religions, down from 30 percent the previous year. Media reported multiple incidents in which individuals and groups destroyed terreiros and sacred objects.
Some religious leaders again stated that attacks on Afro-Brazilian religious groups were increasing, attributing the increase in violence to criminal groups and a climate of intolerance promoted by evangelical Christian groups.
In February, three men assaulted a 57-year-old Jewish man in rural Sao Paulo State. The men shouted anti-Semitic epithets, including, “Hitler should have killed the Jews and freed the world” during the beating, cut the victim’s kippah with a pocketknife, and broke some of his teeth. At year’s end, police were investigating the case but had not identified the attackers.
According to media reports, on September 6, unidentified individuals set fire to an Umbanda temple in the municipality of Nova Iguacu, in the Baixada Fluminense region of Rio de Janeiro State. Religious leader Emilson Furtado filed a complaint with Rio de Janeiro’s Civil Police Office for Racial Crimes and Crimes of Intolerance. At year’s end, police continued to investigate the case.
In July, media reported a self-described evangelical drug lord calling himself “Aaron, brother of Moses” seized control of five favela communities in northern Rio de Janeiro to establish a zone called the “Complex of Israel.” Media reported that “Aaron” replaced Catholic symbols with Israeli flags and the Star of David as a demonstration of power, territorial control, and faith. The President of the Rio de Janeiro Jewish Federation gave an interview to the news outlet Rede Globo in July condemning the inappropriate use of Jewish symbols. Police identified “Aaron,” but at year’s end, they had not made an arrest.
Police concluded their investigation of a 2019 incident in which self-named Drug Traffickers for Jesus reportedly attacked a Candomble temple in the Parque Paulista neighborhood of Duque de Caxias, in the Baixada Fluminense region of Rio de Janeiro State. The individuals broke into the temple, forced the priestess to destroy sacred objects, and threatened to set fire to the building if the practitioners did not stop holding regular religious services. Police identified who ordered the plot and who participated in the attack, and authorities pressed charges against seven individuals, including the alleged leader of the group, Alvaro Malaquias Santa Rosa.
On June 9, armed men entered one of Bahia State’s oldest Candomble terreiros and destroyed several sacred objects. Media identified the vandals as employees of a packaging company. Representatives of the company denied all allegations, while stating they were in the midst of a land dispute with the terreiro, which the company claimed had illegally installed fences on the perimeter of its property. According to Terreiro Icimimo, at year’s end, authorities had not identified or arrested any of the vandals.
Media reported incidents of evangelical Christian missionaries traveling to isolated and recently contacted indigenous communities to proselytize and spread their religion. Indigenous organizations raised concerns that these attempts violated indigenous peoples’ constitutional right to maintain their cultural heritage and sacred practices and threatened their safety. According to media reports, on April 16, the Federal Court of Tabatinga banned three evangelical Christian missionaries and the Christian missionary organization New Tribes Mission of Brazil from entering indigenous communities in the Javari Valley region. The order also included a fine of 1,000 reais ($190) for noncompliance. In his decision, Judge Fabiano Verli said that this was not a religious freedom issue and that Brazil, as a secular state, must prioritize protecting vulnerable populations from the spread of COVID-19.
From January to August, the Jewish Federation of Sao Paulo recorded 149 incidents and allegations of anti-Semitism in the country in its annual anti-Semitism report. From January to August 2019, the Federation recorded 194 incidents. The report was based on a range of sources, including traditional media, social media, and reports from other branch offices of the organization. The survey reported sightings of swastikas and other anti-Semitic graffiti.
A global ADL survey, released in June, showed the percentage of Brazilians who harbor some anti-Jewish sentiment increased from 19 percent in 2019 to 26 percent in 2020. A survey from the Henry Sobel Human Rights Observatory found that acts of intolerance and anti-Semitic attitudes were increasingly common in social and political spheres. The organization recorded 30 such acts during the first six months of the year, compared with 26 in all of 2019. According to anthropologist Adriana Magalhaes Dias at the State University of Campinas, there were 349 active neo-Nazi organizations in the country. She said the largest concentrations were in Sao Paulo, with 102 groups; Parana, with 74; and Santa Catarina, with 69.
In June, a pastor in Rio de Janeiro, Tupirani da Hora Lores, stated in a sermon delivered at the small, evangelical Christian Geracao Jesus Cristo Church that he prayed for God to “destroy the Jews like vermin.” In another sermon, he said God should bring about a second Holocaust. Sinagoga Sem Fronteiras, an organization representing a network of Jewish communities, filed a complaint for incitement against da Hora Lores with federal police, who said they were investigating the case. According to FIERJ, at year’s end, the investigation remained pending.
Neo-Nazi groups maintained an active presence online. In May, Safernet, an NGO that promotes human rights on social networks and monitors radical websites, reported the creation of 204 new pages of neo-Nazi content in the country during the year, compared with 42 new pages in May 2019, and 28 in May 2018. At year’s end, the Public Ministry was investigating many of these cases.
There were reports of private entities and individuals inciting violence against or engaging in verbal harassment of religious minorities on social media and in the press. FIERJ reported 42 complaints of anti-Semitic incidents on social media, of which it determined that 12 constituted anti-Semitism.
Media reported a group of men interrupted a virtual lesson at the College of Business Administration, Marketing, and Communication in Sorocaba, Sao Paulo, on August 20, to shout Nazi, racist, and sexist epithets at the teacher and students. During the attack, they posted images of Adolf Hitler and his followers marching with the Nazi flag.
In May, media reported Federal Senate President Davi Alcolumbre was the target of anti-Semitic harassment on social media. A user said, “Jews are miserly. Jews are wicked and think only of their well-being.” Facebook deleted the user’s account after the Brazilian Jewish Confederation denounced the post.
According to FAMBRAS, there was an increase in anti-Muslim messages on the internet, mostly associating Islam with terrorism and spreading messages of hate against Muslim representatives and their religious symbols. According to FAMBRAS legal advisor Mohamed Charanek, Google removed from social media two videos associating halal food with terrorism and cruel practices to comply with a 2019 decision by the Third Civil Court of Justice of Sao Paulo. The organization said the videos were offensive and contained anti-Muslim sentiment. At year’s end, authorities had not identified the authors of the videos.
There were multiple reports of harassment of Afro-Brazilian religious practitioners on social media. In September, social media blogger Monique Elias posted online that she was a victim of religious intolerance. She said hate messages started in July, after she posted a video where she discussed her Candomble religion.
On August 13, a television host from private news network Arapuan mocked Afro-Brazilian religions on air. The Bar Association of Paraiba, the Interinstitutional Forum for Communication, the state Public Attorney’s Office, the Religious Diversity Forum, and some religious leaders filed complaints of religious intolerance against the network with the Federal Prosecutor’s Office. The host made a public apology on live television, but the network did not take action.
Hindu religious leader Rajan Zed accused national fashion brand Jon Cotre of religious insensitivity and sacrilege for using the image of Lord Ganesh, a Hindu deity, in its line of shorts. A spokeswoman for the company apologized and said, “Our intention was never to trivialize or offend.” The Sao Paulo-based brand removed ads from its website and stopped producing the shorts.
In February, the Paraiba State Commission of Soccer Referees ordered Edson Boca not to wear clothing that represented his Afro-Brazilian religion while he worked as a massage therapist for the Sao Paulo Crystal soccer team.
The Ministry of Women, Family, and Human Rights’ National Secretariat of Human Rights received 410 reports of religious intolerance via the nationwide Dial 100 Human Rights hotline in 2019, compared with 506 in 2018. Most of the reports involved discrimination but did not specify what kind.
The Rio de Janeiro Civil Police Office for Racial Crimes and Crimes of Intolerance received 32 reports of religious intolerance from January through September. At year’s end, authorities indicted two persons on charges of religious intolerance.
According to the Bahia State Secretariat of Racial Equality, there were 10 instances of religious intolerance in the state between January and August, compared with 34 instances in the comparable period in 2019. The State Secretariat for Human Rights in Rio de Janeiro reported 31 instances of religious intolerance between January and June, compared with 42 instances during the same period in 2019. Afro-Brazilian religious groups experienced the greatest number of occurrences, with four cases involving practitioners of Candomble and 19 cases involving practitioners of Umbanda. Municipalities in the Rio de Janeiro metropolitan area registered 17 incidents, including three in Rio’s Baixada Fluminense Region.
On January 11, the Yle Axe Oya Bagan community in the Federal District hosted an event on combating religious intolerance, with the support of the State Secretary for Citizenship and Justice.
On February 20, approximately five thousand Candomble followers and supporters participated in the “Pedra de Xango” Annual Walk against Religious Intolerance in Salvador, Bahia. Candomble priest Mae Iara de Oxum organized the 11th annual event, which had the support of the Salvador municipal government and the Gregorio de Matos Foundation.
In February, the Pew Research Center published findings on attitudes towards democratic principles, such as regular elections, free speech, and free civil society as well as religious freedom, in 34 countries, based on interviews it conducted in its Spring 2019 Global Attitudes Survey. According to the findings, 82 percent of Brazil’s respondents considered religious freedom to be “very important,” ranking it among the highest of their priorities for democratic principles of nine cited.
Section IV. U.S. Government Policy and Engagement
In October, the Ambassador met with Minister of Women, Family, and Human Rights Damares Alves to raise concerns regarding reports of Christian missionaries attempting to contact isolated indigenous tribes with the aim of converting them to Christianity, noting concerns about their culture, health, and desire to remain isolated.
On September 10, embassy representatives met virtually with the Ministry of Women, Family, and Human Rights’ Secretariat of Global Protection. They noted the President’s June Executive Order on religious freedom and explained the United States’ recommitment to the human rights enshrined within the Universal Declaration of Human Rights.
On September 1, the Ambassador met virtually with the President of the National Conference of Brazilian Bishops, Dom Walmor Oliveira de Azevedo. The Ambassador stated the embassy and consulates were closely following threats to religious minorities in the country and underlined the importance of religious freedom.
In July, a consulate representative from Rio de Janeiro met FIERJ representative Paulo Maltz to discuss challenges the Jewish community faced and learn about possible cases of anti-Semitism in the state. A consulate representative also met with Ivanir dos Santos to learn about the challenges faced within the Candomble community due to the COVID-19 pandemic, new cases of religious intolerance involving followers of Afro-Brazilian religions, and possible areas in which the United States could serve as a partner for promoting religious freedom.
On July 29, embassy and consulate general officials held a virtual roundtable with representatives of Afro-Brazilian religions, Islam, Judaism, Catholicism, and evangelical Christianity to discuss the state of religious freedom, tolerance, and diversity in the country.
On August 14, the embassy and consulates general held a virtual roundtable with four speakers, including a representative of an Afro-Brazilian community known as a quilombo, who discussed the challenges for members of the community participating in religious events.
The Rio de Janeiro Consul General wrote an op-ed in honor of the August 22 International Day Commemorating the Victims of Acts of Violence Based on Religion or Belief. The Bahian newspaper Correio da Bahia published the op-ed, which highlighted a $500,000 grant by the Ambassador’s Fund for Cultural Preservation, as well as the 2019 International Religious Freedom Award for Rio’s Ivanir dos Santos, CCIR head and a Candomble priest.
On October 8, embassy representatives hosted a roundtable with representatives from three religious faiths and two interfaith organizations to discuss the state of religious freedom and raise concerns about attacks on religious minorities.
On December 18, the embassy and consulates general hosted a webinar with an associate professor of political science from a U.S. university and author of a book on religion and democracy. She discussed religion, politics, and environmentalism in the country. The embassy disseminated her presentation via embassy social media platforms.
Burundi
Executive Summary
The constitution defines the state as secular, prohibits religious discrimination, and provides for freedom of conscience and religion. It prohibits political parties from preaching religious violence or hate. Laws regulating religious groups require them to register with the Ministry of Interior, and religious groups must meet certain standards, including a minimum number of adherents, in order to seek registration. In September, the Minister of Interior met with a delegation of the East-Central Africa Division of the Seventh-day Adventist Church to address the continued imprisonment of Church president Lameck Barishinga and other matters related to leadership issues within the Church, including approving a transitional leadership team chaired by David Bavugubusa. In February and May, police briefly detained the leader of Vivante Church, Pastor Artemon Nzambimana, and other pastors from the Church. In October, the government closed two Free Methodist churches in Cibitoke Province following clashes between the churches’ leadership and congregations. In July, the government announced the suspension of requests to register new religious groups until further notice, citing the need to design new registration procedures. In May, the Conference of Catholic Bishops, citing the reports of their 2,716 observers during the May 20 general election, released a report concluding numerous election-related irregularities could affect the transparency and fairness of the elections results. On June 5, their public statement “rejoiced with the electorate” and congratulated then President-elect Ndayishimiye.
Religious leaders from different denominations took measures to promote peace and reconciliation. In January, members of the Interfaith Council organized a workshop with religious leaders to discuss the causes and consequences of conflicts in the country and to develop strategies that contributed toward sustainable peace and reconciliation. Media reported instances in which residents complained about noisy churches in their neighborhoods and sometimes clashed with church members.
The Charge d’Affaires and other U.S. embassy representatives encouraged community leaders, including representatives of major faith groups, to support religious tolerance and promote interfaith discussion of the collaborative role religious groups could play in disseminating a message of peace and reconciliation.
Section I. Religious Demography
The U.S. government estimates the total population at 11.9 million (midyear 2020 estimate). According to the 2008 national census (the most recent), 62 percent of the population is Roman Catholic, 21.6 percent Protestant, 2.5 percent Muslim, and 2.3 percent Seventh-day Adventist. Another 6.1 percent have no religious affiliation, and 3.7 percent belong to indigenous religious groups. The head of the Islamic Community of Burundi estimates Muslims constitute 10-12 percent of the population. The Muslim population lives mainly in urban areas. Most Muslims are Sunni. There are some Shia Muslims as well as a small Ismaili community. Groups that together constitute less than five percent of the population include Church of the Rock, Free Methodist, Jehovah’s Witnesses, Orthodox Christians, the Church of Jesus Christ of Latter-day Saints, Vivante, Hindus, and Jains. According to 2018 statistics from the Ministry of Interior, there are approximately 1,000 religious groups in the country.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution establishes a secular state; prohibits religious discrimination; recognizes freedom of thought, conscience, and religion; and provides for equal protection under the law regardless of religion. These rights may be limited by law in the general interest or to protect the rights of others, and may not be abused to compromise national unity, independence, peace, democracy, or the secular nature of the state, or to violate the constitution. The constitution prohibits political parties from preaching religious violence, exclusion, or hate.
By law, all religious celebrations and prayer sessions must not cause harm to the natural environment and must respect public order.
The government recognizes and registers religious groups through a 2014 law governing the operational framework of religious groups, which states these organizations must register with the Ministry of Interior. There is a 20,000 Burundian franc ($10) fee for registration. Each religious group must provide the denomination or affiliation of the institution, a copy of its bylaws, the address of its headquarters in the country, an address abroad if the local institution is part of a larger group, and the names and addresses of the association’s governing body and legal representative. Registration also entails identifying any property and bank accounts owned by the religious group. The ministry usually processes registration requests within two to four weeks. Leaders, administrators, or adherents of religious groups who continue to practice after their registration has been denied, or after a group has been dissolved or suspended, are subject to six months’ to five years’ imprisonment and a fine.
The law regulating religious groups incorporates additional specific registration requirements. Any new, independent religious group based in the country must have a minimum of 300 members. Foreign-based religious groups seeking to establish a presence in the country must have 500 members. The law prohibits membership in more than one religious group at the same time. The law prohibits foreigners from being part of executive and decision-making committees of religious groups at the national level.
The law on religious groups does not provide broad tax exemptions or other benefits for religious groups; however, the financial laws exempt from tax goods imported by religious groups if the groups can demonstrate importation of the goods is in the public interest. Some religious schools have agreements with the government entitling them to tax exemptions when investing in infrastructure or purchasing school equipment and educational materials.
The official curriculum includes religion and morality classes for all primary and secondary schools. The program offers religious instruction in Catholicism, Protestantism, and Islam, although all classes may not be available if the number of students interested is insufficient in a particular school. Students are free to choose from one of these three religion classes or attend morality classes instead.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The president of the country’s chapter of the Seventh-day Adventist Church, Lameck Barishinga, arrested in October 2019, remained in prison without formal charges. On September 24, according to media reports, the government met with a delegation from the East-Central Africa Division (ECD) of the Seventh-day Adventist Church, headquartered in Kenya, to discuss the imprisonment and other issues stemming from the ECD’s appointment of Barishinga as head of the Church after dismissing his predecessor in 2018. The government recognized the Church’s new four-person executive committee, appointed by the ECD in September to lead the Church until internal elections in July 2021, and during a joint press conference with the ECD delegation, urged members to accept the new leadership and avoid internal conflicts. On October 17, police intervened to prevent violence when former Church President Joseph Ndikubwayo led a group attempting to enter a church in Bujumbura during services held by David Bavugubusa, the chair of the new executive leadership committee; police arrested Ndikubwayo and an undetermined number of church members.
On November 10, the General Conference of Seventh-day Adventists released a statement thanking God for increasing religious liberty and freedom of conscience in the country, and expressing hope there would be even more progress in religious liberty activities in the country.
On February 27, police detained for two days Pastor Arthemon Nzambimana of Eglise Vivante (Living Church), who replaced former Pastor Edmond Kivuye after he fled Burundi in 2015. The police did not give a reason for the detention, but according to media and civil society representatives, the government likely disapproved of his leadership and intended to install Terence Mpanuwaka, a pastor considered close to the government, as the head of the Church. Police arrested Nzambimana again in May along with 10 other pastors from the Church and released them five days later after further questioning. Media reported police continued to interrogate Nzambimana periodically throughout the year, but that he was at liberty at year’s end.
On October 18, the government closed two Free Methodist churches in Cibitoke Province following clashes between members of the churches in which two persons were injured. Media reported tensions arose over internal conflicts between members of the churches’ leadership and congregations, which led to police intervening and arresting four church members for public disturbance.
Government officials routinely employed religious rhetoric before, during, and to a slightly lesser extent after the May national election in the context of political speeches, and invoked divine guidance for political and other important decisions. Opposition parties generally did not employ similar religious rhetoric during the campaign.
Pressure to join the Church of the Rock, run by former First Lady and ordained minister Denise Bucumi-Nkurunziza, significantly decreased according to observers, after President Evariste Ndayishimiye, a Catholic, assumed office in June.
President Ndayishimiye met with Protestant church leaders in October to discuss their roles in strengthening unity and social cohesion. According to media reports, the President urged them to manage peacefully conflicts within their churches because those conflicts sometimes led to public disorder. President Ndayishimiye also met with the Conference of Catholic Bishops in July and asked for their support of government development projects.
In July, the Ministry of Interior announced the suspension of requests to register new religious groups until further notice, citing the need for the ministry to design new registration and approval procedures. The ministry continued its 2019 suspension of construction of new churches and mosques in Bujumbura, which it stated was meant to guarantee order and provide better zoning regulation for the construction of future buildings.
Media reported weekly visits by government officials to various churches throughout the year, including by the President, Prime Minister, Speaker of the National Assembly, and President of the Senate. In some instances, officials were given the opportunity to preach about scriptures and moral issues. The Senate President also served as the legal representative of the Free Methodist Church in the country.
The CNDD-FDD, the country’s ruling political party, organized monthly “thanksgiving crusades” on the last Thursday of each month in all provinces around the country, and invited government officials, party members, religious leaders, and other notable local figures to attend. During the events, clergy from various churches gave thanks for the blessings the party and its members had received. Government officials delivered speeches that included references to scriptures and their applicability to events in the country, and recommended ways party members should improve their moral behavior on a personal level and as members of the party.
The Conference of Catholic Bishops deployed 2,716 domestic observers across the country to monitor the presidential and legislative election held in May. After the election, the Conference of Catholic Bishops released a statement denouncing what the conference stated were many irregularities regarding the freedom and transparency of the electoral process, as well as fairness in the treatment of certain candidates and voters. The president of the Independent National Electoral Commission stated it was “surprising” that of the 39 organizations that observed the general elections, only the Catholic Church identified irregularities. The president of the electoral commission invited the Church to review the reports from the other 38 organizations, most of which were identified as progovernment civil society organizations, to assess their veracity. On June 5, the Conference of Catholic Bishops released a public statement in which they “rejoiced with the electorate” and congratulated then President-elect Ndayishimiye.
Religious leaders appointed by the government to the Body for the Regulation and Conciliation of Religious Confessions, established by the government in 2018 to coordinate with religious groups, continued to serve as president and vice president of the body, and a government employee served as executive secretary. The body continued its efforts to promote dialogue among and within religious denominations during the year but was constrained by resource limitations, according to the body’s president, Charles Nduwumukama, pastor of Eglise du Plein Evangile (Full Gospel Church).
The government continued to grant benefits, such as tax waivers, to religious groups for the acquisition of materials to manage development projects. According to the Burundi Revenue Authority, the government also granted tax waivers on imports of religious materials such as printed materials, wines for masses, and equipment to produce communion wafers. In September, the government encouraged all religious leaders engaged in commercial activities to pay taxes in compliance with tax law and procedures.
Section III. Status of Societal Respect for Religious Freedom
Religious leaders from different denominations conducted activities to promote peace and reconciliation. In January, members of the Interfaith Council organized a workshop with religious leaders to discuss the causes and consequences of conflicts in the country and to develop strategies that contribute toward sustainable peace and reconciliation.
Media reported instances in which residents complained about noisy churches in their neighborhoods. On September 16, physical altercations erupted between members of a church in the Carama neighborhood of Bujumbura and nearby residents disturbed by noises coming from the church.
Section IV. U.S. Government Policy and Engagement
The Charge d’Affaires and other embassy officials regularly met with religious leaders of various faiths, such as the Anglican and Catholic Churches, to discuss ways to improve religious freedom in the country. The embassy encouraged community leaders, including political leaders and representatives of major faith-based groups, to support religious acceptance and promote interfaith discussion of the collaborative role religious groups could play in disseminating a message of peace and tolerance to the population.
On November 16, the embassy launched a project with Catholic Relief Services to strengthen the Inter-Religious Council of Burundi’s organizational and technical capacity to peacefully resolve differences among the people of the country.
Embassy officials continued to promote interfaith dialogue and supported efforts to include religious minority groups in U.S. programming, including a five-year, $50 million initiative to improve living conditions for families in Muslim and Christian communities in Muyinga Province. When the project concluded in September, elements of its approach, particularly the model of faith-based engagement in both Christian and Muslim households, continued to be employed by local organizations that benefitted from the original project and now sustain its work.
In November, the embassy, working with the Inter-Religious Council of Burundi, launched a project to strengthen the organization’s ability to help resolve differences peacefully, as well as to connect citizens to their new government. The project was developed to address lingering tensions from the May elections and to support faith leaders in their efforts to improve dialogue, tolerance, and social cohesion. Thirty-six high-level representatives of various religious congregations affiliated with the Inter-Religious Council, including Catholic and Protestant bishops and imams and sheikhs from the Muslim community, attended the launch ceremony. In one of the few times in recent history that the government has accepted and supported U.S.-funded activities in the political realm, government representatives spoke at the ceremony and expressed their appreciation for the role religious leaders had already played in easing tensions during and after the elections, offering their support for the new initiative on political and communal reconciliation.
Egypt
Executive Summary
The constitution states, “Freedom of belief is absolute” and “The freedom of practicing religious rituals and establishing worship places for the followers of divine [i.e., Abrahamic] religions is a right regulated by law.” The constitution states citizens “are equal before the law” and criminalizes discrimination and “incitement to hatred” based upon “religion, belief, sex, origin, race…or any other reason.” The constitution also states, “Islam is the religion of the state…and the principles of Islamic sharia are the main sources of legislation.” The government officially recognizes Sunni Islam, Christianity, and Judaism and allows only their adherents to publicly practice their religion and build houses of worship. On February 24, the government executed eight men at Borg al-Arab Prison in Alexandria for their role in attacks on churches in Alexandria and Tanta on Palm Sunday, 2017, that resulted in 88 deaths. On June 2, the Giza Criminal Court sentenced seven defendants to 15 years’ imprisonment each for setting fire to the Kafr Hakim Church in Kerdasa in Giza Governorate in 2013. On December 6, a Cairo court extended the detention of Coptic rights advocate Ramy Kamel Saied. In September, press and NGOs reported that police detained Quranist Reda Abdel-Rahman, a teacher in Kafr Saqr in Sharqia Governorate, on charges of joining ISIS, adopting takfiri extremist ideas, and promoting those ideas in print, reportedly based on papers seized from his residence at the time of his August 22 arrest. Authorities renewed Abdel-Rahman’s detention on December 31. On June 21, the Economic Misdemeanor Appeals Court in Alexandria rejected an appeal submitted on behalf of atheist activist and blogger Anas Hassan to a February 27 verdict and upheld his sentence of three years’ imprisonment and a fine of 300,000 Egyptian pounds ($19,100) for managing “The Egyptian Atheists” Facebook page. On June 27, a court in Mashtoul al-Souk in Sharqia Governorate sentenced two men to one year in prison each on charges of “contempt of religions” for spreading and promoting Shia Islam. On February 23, an administrative court ordered all Shia websites and television channels closed, including the well-known website elnafisbook.com, which belongs to Shia activist Ahmed Rasem al-Nafis, a professor who converted from Sunni to Shia Islam. Under a 2016 law issued to legalize unlicensed churches and facilitate the construction of new churches, the government reported having approved 478 applications for legalization for churches and related buildings during the year, resulting in a total of 1,800 buildings legally registered since the law’s enactment in 2017. According to a report issued by the media center of the cabinet, the government allocated lands to build 10 new churches in eight cities. The Ministry of Awqaf (Islamic Endowments) continued to issue required certifications for Sunni imams and to register and license all mosques. In a June 28 cabinet meeting, President Abdel Fattah al-Sisi said the government should give “the highest priority to spreading awareness among students of the principles of religion, including freedom of belief.”
Press and NGOs reported that a fight broke out between Muslims and Christians in Dabbous in Minya Governorate on October 3 during a Coptic wedding that led to further violence two days later. Police arrested 12 individuals from both sides. Newspapers reported that a crowd of Muslims attacked Christian homes and a church in the village of al-Barsha in Minya on November 25 after rumors circulated that a local Christian man uploaded posts to social media viewed as insulting to the Prophet Mohammed. According to an NGO, Mohammed Mahdaly, a sociology professor in the High Institute of Social Service in Alexandria, posted a video on his personal Facebook account that mocked the Prophet Mohammed, which resulted in the Ministry of Higher Education suspending Mahdaly. On February 24, the Ministry of Awqaf suspended well-known al-Azhar cleric Abdullah Rushdy for a post on social media in which he suggested that a Christian cardiac surgeon would not enter heaven due to his religious affiliation. In March, Islamic scholar Dr. Haitham Talaat posted a video online in which he said atheists were social outcasts, infidels, and apostates and were worse than terrorists or armed robbers.
U.S. officials, including the Ambassador, other embassy representatives, senior Department of State officials, and the acting Administrator of the U.S. Agency for International Development met with government officials and religious leaders to underscore the importance of religious freedom and equal protection of all citizens before the law. Throughout the year, embassy representatives met with the Grand Mufti, the Grand Imam of al-Azhar, Coptic Orthodox Pope Tawadros II, bishops and senior pastors of the Coptic Orthodox, Protestant and Anglican churches, and the Jewish community. In the meetings, embassy officials raised the importance of the need for accountability for sectarian violence, protections for victims of sectarian attacks, and concerns about religious discrimination, including through the inclusion of official religious designations on national identity cards. They also discussed progress on issues such as legalization and construction of churches, and the restoration and protection of Islamic, Christian, and Jewish religious sites.
Section I. Religious Demography
The U.S. government estimates the population at 104.1 million (midyear 2020 estimate). Most experts and media sources estimate that approximately 90 percent of the population is Sunni Muslim and 10 percent is Christian (estimates range from 5 to 15 percent). Approximately 90 percent of Christians belong to the Coptic Orthodox Church, according to Christian leaders.
Other Christian communities together constitute less than 2 percent of the population. These include Anglican/Episcopalian, Armenian Apostolic, Catholic (Armenian, Chaldean, Melkite, Maronite, Latin, and Syrian), and Orthodox (Greek and Syrian) Churches. Most Protestant denominations are members of the umbrella group known as the Protestant Churches of Egypt (PCE), also known as the Evangelical Church Association. These include the Apostolic Grace, Apostolic, Assemblies of God, Baptists, Brethren, Christian Model Church (al-Mithaal al-Masihi), Church of Christ, Faith (al-Eyman), Gospel Missionary (al-Kiraaza bil Ingil), Grace (al-Ni’ma), Independent Apostolic, Message Church of Holland (ar-Risaala), Open Brethren, Pentecostal, Presbyterian, Revival of Holiness (Nahdat al-Qadaasa), and Seventh-Day Adventists. There are an estimated 1,000 to 1,500 Jehovah’s Witnesses and an estimated 150 members of The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), the vast majority of whom are expatriates. Christians reside throughout the country, although the percentage of Christians is higher in Upper Egypt and in some sections of Cairo and Alexandria, according to religious and civil society groups.
Scholars estimate that Shia Muslims comprise approximately 1 percent of the population. Baha’i representatives estimate the size of the community to be between 1,000 and 2,000 persons. There are very small numbers of Dawoodi Bohra Muslims, Ahmadi Muslims, and expatriate members of various groups.
According to a local Jewish nongovernmental organization (NGO), there are six to 10 Jews.
There are no reliable estimates of the number of atheists.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution specifies Islam as the state religion and the principles of sharia as the main source of legislation. The constitution states that “freedom of belief is absolute” and “the freedom of practicing religious rituals and establishing worship places for the followers of Abrahamic religions is a right regulated by law.” The constitution prohibits discrimination on the basis of religion and makes “incitement to hate” a crime. The constitution prohibits political activity or the formation of political parties on the basis of religion.
The government officially recognizes Sunni Islam, Christianity, and Judaism and allows only their adherents as defined by the government to publicly practice their religion and build houses of worship. The constitution states that al-Azhar is “the main authority in theology and Islamic affairs” and is responsible for spreading Islam, Islamic doctrine, and the Arabic language in the country and throughout the world. The Grand Imam is elected by al-Azhar’s Council of Senior Scholars and is officially appointed by the President for a life term. The President does not have the authority to dismiss him. The constitution declares al-Azhar to be an independent institution and requires the government to provide “sufficient funding for it to achieve its purposes.”
According to the law, capital sentences must be referred to the Grand Mufti, the country’s highest Islamic legal official, for consultation before they can be carried out. The Grand Mufti’s decision in these cases is consultative and nonbinding on the court that handed down the sentence.
The constitution stipulates the canonical laws of Jews and Christians form the basis of legislation governing their personal status, religious affairs, and selection of spiritual leaders. Individuals are subject to different sets of personal status laws (regarding marriage, divorce, inheritance, etc.) depending upon their official religious designation. The Ministry of Interior issues national identity cards that include official religious designations. Designations are limited to Muslim, Christian, or Jewish citizens. Although the government designates Jehovah’s Witnesses as “Christian” on identity cards, a presidential decree bans their religious activities. Since a 2009 court order, Baha’is are identified by a dash. The Minister of Interior has the authority to issue executive regulations determining what data should be provided on the card.
Neither the constitution nor the civil or penal codes prohibit apostasy from Islam, nor efforts to proselytize. The law states individuals may change their religion. However, the government recognizes conversion to Islam, but generally not from Islam to any other religion. The government recognizes conversion from Islam for individuals who were not born Muslim but later converted to Islam, according to a Ministry of Interior decree pursuant to a court order. Reverting to Christianity requires presentation of a document from the receiving church, an identity card, and fingerprints. After a determination is made that the intent of the change – which often also entails a name change – is not to evade prosecution for a crime committed under the Muslim name, a new identity document should be issued with the Christian name and religious designation. In those cases in which Muslims not born Muslim convert from Islam, their minor children, and in some cases adult children who were minors when their parents converted, remain classified as Muslims. When these children reach the age of 18, they have the option of converting to Christianity and having that reflected on their identity cards.
Consistent with sharia, the law stipulates Muslim women are not permitted to marry non-Muslim men. Non-Muslim men who wish to marry Muslim women must convert to Islam. Christian and Jewish women are not required to convert to Islam in order to marry Muslim men. A married non-Muslim woman who converts to Islam must divorce her husband if he is not Muslim and is unwilling to convert. If a married man is discovered to have left Islam, his marriage to a woman whose official religious designation is Muslim is dissolved. Children from any unrecognized marriage are considered illegitimate.
A divorced mother is entitled to custody of her son until the age of 10 and her daughter until age 12, unless one parent is Muslim and the other is not, in which case the Muslim parent is awarded custody.
The law generally follows sharia in matters of inheritance. In 2017, however, an appellate court ruled applying sharia to non-Muslims violated the section of the constitution stating that personal status matters for Christian and Jewish communities are governed by their respective religious doctrine.
According to the penal code, using religion to promote extremist thought with the aim of inciting strife; demeaning or denigrating Islam, Christianity, or Judaism; or harming national unity carries penalties ranging from six months to five years’ imprisonment.
There are four entities currently authorized to issue fatwas (religious rulings binding on Muslims): the al-Azhar Council of Senior Scholars, the al-Azhar Islamic Research Center, the Dar al-Iftaa (House of Religious Edicts), and the Ministry of Awqaf’s General Fatwa Directorate. Previously part of the Ministry of Justice, Dar al-Iftaa has been an independent organization since 2007.
Islamic, Christian, and Jewish denominations may request official recognition from the government, which gives a denomination the right to be governed by its canonical laws, practice religious rituals, establish houses of worship, and import religious literature. To obtain official recognition, a religious group must submit a request to the Ministry of the Interior’s Religious Affairs Department. The department then determines whether the group poses a threat to national unity or social peace. As part of this determination, the department consults leading religious institutions, including the Coptic Orthodox Church and al-Azhar. The President then reviews and decides on the registration application.
The law does not recognize the Baha’i faith or its religious laws and bans Baha’i institutions and community activities. The law does not stipulate any penalties for banned religious groups or their members who engage in religious practices, but these groups are barred from rights granted to recognized groups, such as having their own houses of worship or other property, holding bank accounts, or importing religious literature.
The government appoints and monitors imams who lead prayers in licensed mosques and pays their salaries. According to the law, penalties for preaching or giving religious lessons without a license from the Ministry of Awqaf or al-Azhar include a prison term of up to one year, a fine of up to 50,000 pounds ($3,200), or both. The penalty doubles for repeat offenders. Ministry of Awqaf inspectors also have judicial authority to arrest imams violating this law. A ministry decree prevents unlicensed imams from preaching in any mosque, prohibits holding Friday prayers in mosques smaller than 80 square meters (860 square feet), bans unlicensed mosques from holding Friday prayer services (other prayer services are permitted), and pays bonuses to imams who deliver Friday sermons written and disseminated by the Ministry of Awqaf. Ministry personnel monitor Friday sermons in major mosques, and an imam who fails to follow the guidelines for ministry sermons may lose the bonus and be subject to disciplinary measures, including potentially losing his preaching license.
The Prime Minister has the authority to stop the circulation of books that “denigrate religions.” Ministries may obtain court orders to ban or confiscate books and works of art. The cabinet may ban works it deems offensive to public morals, detrimental to religion, or likely to cause a breach of the peace. The Islamic Research Center of al-Azhar has the legal authority to censor and confiscate any publications dealing with the Quran and the authoritative Islamic traditions (hadith) and to confiscate publications, tapes, speeches, and artistic materials deemed inconsistent with Islamic law.
A 2016 law delegates the power to issue legal permits and to authorize church construction or renovation to governors of the country’s 27 governorates. The governor is to respond within four months of receipt of an application for legalization; any refusal must include a written justification. The law does not provide for review or appeal of a refusal, nor does it specify recourse if a governor fails to respond within the required timeframe. The law also includes provisions to legalize existing unlicensed churches. It stipulates that while a request to license an existing building for use as a church is pending, the use of the building to conduct church services and rites may not be prevented. Under the law, the size of new churches depends on a government determination of the “number and need” of Christians in the area. Construction of new churches must meet specific land registration procedures and building codes and is subject to greater government scrutiny than that applied to the construction of new mosques.
Under a separate law governing the construction of mosques, the Ministry of Awqaf approves permits to build mosques. A 2001 cabinet decree includes a list of 10 provisions requiring that new mosques built after that date must, among other conditions, be a minimum of 500 meters (1,600 feet) from the nearest other mosque, have a ground surface of at least 175 square meters (1,884 square feet), and be built only in areas where “the existing mosques do not accommodate the number of residents in the area.” The law does not require Ministry of Awqaf approval for mosque renovations.
In public schools, Muslim students are required to take courses on “principles of Islam” and Christian students are required to take courses on “principles of Christianity” in all grades. Schools determine the religious identity of students, and the religious studies courses they should take, based on official identity card designations, not personal or parental decisions. Students who are neither Muslim nor Christian must choose one or the other course; they may not opt out or change from one to the other. A common set of textbooks for these two courses is mandated for both public and private schools, including parochial schools. Al-Azhar maintains a separate school system that serves an estimated two million students from kindergarten through secondary school using its own curriculum.
The penal code criminalizes discrimination based on religion and defines it as including “any action, or lack of action, that leads to discrimination between people or against a sect due to… religion or belief.” The law stipulates imprisonment, a fine of no less than 30,000 pounds ($1,900) and no more than 50,000 pounds ($3,200), or both, as penalties for discrimination. If the perpetrator is a public servant, the law states that the imprisonment should be no less than three months and the fine no less than 50,000 pounds ($3,200) and no more than 100,000 pounds ($6,400).
Customary reconciliation is a form of dispute resolution that predates modern judicial and legal systems and is recognized in the law in instances that do not involve serious crimes such as homicide, serious injury, or theft. Customary reconciliation sessions rely on the accumulation of a set of customary rules to address conflicts between individuals, families, households, or workers and employees of certain professions. Parties to disputes agree upon a resolution that typically contains stipulations to pay an agreed-upon amount of money for breaching the terms of the agreement.
Al-Azhar and the Coptic Orthodox Church formed the Family House (Beit al-A’ila) in 2011 to address sectarian disputes through communal reconciliation. With Family House branches throughout the country, al-Azhar, the Coptic Orthodox Church, and other Christian denominations bring together opposing parties to a sectarian dispute with the goal of restoring communal peace through dialogue. The Family House, however, is not uniformly active. Muslim and Christian religious leaders said that in some areas, such as Assiut, the Family House is quite active, while in others, such as Cairo and Alexandria, it has become largely inactive.
The government recognizes only the marriages of Christian, Jewish, and Muslim citizens with documentation from a cleric and does not recognize civil marriage for citizens. Marriages of Shia are recognized as Muslim. The government recognizes civil marriages of individuals from other religious groups, such as Jehovah’s Witnesses, Hindus, and members of the Church of Jesus Christ, if one or both are foreigners. Authorities deny Baha’is the rights of married couples pertaining to inheritance, divorce, and sponsoring a foreign spouse. In practice, however, Baha’is are able to file individual petitions for recognition of their marriages in civil court.
In matters of family law, when spouses are members of the same religious denomination, courts apply that denomination’s canonical laws. In cases where one spouse is Muslim and the other a member of a different religion, both are Christians but members of different denominations, or the individuals are not clearly a part of a religious group, the courts apply sharia.
Sharia provisions forbidding adoption apply to all citizens. The Ministry of Social Solidarity, however, manages a program called “Alternative Family” which recognizes permanent legal guardianship if certain conditions are met, including requirements that the guardians share the same religion as the child and have been married to one another for a minimum of five years.
The quasi-governmental National Council for Human Rights, whose members are appointed by parliament under a 2016 law, is charged with strengthening protections, raising awareness, and ensuring the observance of human rights and fundamental freedoms, including religious freedom. It also is charged with monitoring enforcement and application of international agreements pertaining to human rights. The council’s mandate includes investigating reports of alleged violations of religious freedom.
According to the constitution, “No political activity may be engaged in, or political parties formed, on the basis of religion, or discrimination based on sex, origin, sect, or geographic location.
The constitution mandates that the state eliminate all forms of discrimination through an independent commission to be established by parliament. However, as of year’s end, parliament had not acted to implement the mandate.
The country is a party to the International Covenant on Civil and Political Rights but declared in a reservation that it became a party considering that the provisions of the covenant do not conflict with sharia.
Government Practices
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.
Section III. Status of Societal Respect for Religious Freedom
Terrorist groups, including Islamic State-Sinai Peninsula (formerly known as Ansar Bayt al-Maqdis) among others, conducted deadly attacks on government, civilian, and security targets in the North Sinai Governorate.
In April, security forces said that a shootout with militants in the Amiriyah neighborhood of Cairo disrupted a plot against Coptic Orthodox Easter.
Press and NGOs reported that a fight broke out between Muslims and Christians in Dabbous in Minya Governorate on October 3 during a Coptic wedding that led to further violence two days later. Police arrested 12 individuals from both sides.
Newspapers reported that a crowd of Muslims attacked Christian homes and a church in the village of al-Barsha in Minya Governorate on November 25 after rumors circulated that a local Christian man had social media posts deemed insulting to the Prophet Mohammed. There was minimal damage and no casualties, and police made multiple arrests of Muslims and Christians.
On January 12 in Cairo, a man attacked a Christian woman with a knife, injuring her neck. According to media reports, the man said he attacked the woman because “she was not covering her hair.” Authorities arrested the attacker and, according to press reports, the prosecutor referred him to a psychiatric hospital for evaluation.
According to an NGO, Mohammed Mahdaly, a sociology professor at the High Institute for Social Service, posted a video on his personal Facebook account that mocked the Prophet Mohammed and was “insulting” to the Quran. A Ministry of Higher Education official told the press that it had suspended the professor and referred the matter for investigation to a committee of professors at the University of Alexandria. The ministry referred Mahdaly’s case to the Public Prosecutor. Mahdaly, who had been experiencing health issues, passed away on December 24.
On May 16, authorities arrested a man after he reportedly threw a Molotov cocktail at the Virgin Mary and the Martyr St. George Church in Alexandria. There were no casualties or property damage. Prosecutors subsequently requested that the man undergo a psychiatric evaluation and said he had previously been under psychiatric care.
While there have been reports of abducted Coptic girls and women, government officials, leaders in the Christian community, and NGOs stated that they were skeptical of the classification of the cases as abductions. In a report released September 10, “Jihad of the Womb:” Trafficking of Coptic Women & Girls in Egypt, the NGO Coptic Solidarity reported on what it described as “the widespread practice of abduction and trafficking of Coptic women and girls…and how they are a particularly vulnerable group.” In March, MRGI reported that there were at least 13 reported cases of abducted Coptic women since October 2019.
Eshhad, a website that records sectarian attacks, documented a 29 percent reduction of intercommunal violence in recent years.
The Supreme Council for Media Regulation (SCMR), the country’s media oversight agency, opened an investigation of television personality Radwa al-Sherbini after she said that women who wear the hijab are “100,000 times better than me and non-hijab [wearing] women…” and that “the devil inside women [who do not wear hijabs] is more powerful than their faith and strength.” The SCMR said it had received complaints from the public about the comments, and others criticized Sherbini on social media. One prominent women’s rights advocate said Sherbini’s statements instigated violence against nonveiled women. Sherbini later apologized for her comments.
Discrimination in private sector hiring continued, according to human rights groups and religious communities.
EIPR continued to call on the authorities to provide persons of unrecognized religious groups the right to obtain identity cards, marriage certificates, and private burials, and to sue in accordance with their own personal status laws.
Some religious leaders and media personalities continued to employ discriminatory language against Christians. On February 24, Dar al-Iftaa criticized commenters on social media who wrote that Christian cardiac surgeon Magdi Yacoub would not enter heaven due to his faith. In its statement, Dar al-Iftaa said Yacoub “never looked at the religion of those he treated and saved from death but regarded them with compassion, mercy, and humanity.” The Ministry of Awqaf on February 24 suspended well-known al-Azhar cleric Abdullah Rushdy for a post he made on social media that was believed to have targeted Yacoub. Commenting on the controversy, the al-Azhar International Center for Electronic Fatwa urged Egyptians to recognize that “the belief of every human being…is a personal thing between him and his creator, and only Allah will inquire into it.”
In March, Islamic scholar Dr. Haitham Talaat posted a video online in which he said atheists were social outcasts, infidels, and apostates, and were worse than terrorists or armed robbers. Talaat said that engaging in dialogue with atheists could lead to the “inevitable outcome” of suicide.
In a January 24 interview with Russia Today TV, historian Mohammad al-Shafi said Jews benefitted the most from World War II by using the Holocaust to “extort the international community” and that other countries harmed by the war “did not receive booty, nor did they profit like the Jews did.” On April 25, the Israeli Foreign Ministry criticized the Ramadan science fiction television series The End as “unfortunate and unacceptable” for portraying a dystopian future in which “all of the Jews of Israel have returned to their countries of origin.”
A poll of Arab populations conducted between January and March by a Dubai-based public relations firm and involving a team of international experts, indicated that 69 percent of the country’s citizens between the ages of 18 and 24 – one of the highest results in the region – agreed that religion is “particularly important” to their personal identity.
In a poll conducted by the Arab Center of Washington, D.C., and released in November, 87 percent of respondents in the country either strongly agreed or agreed with the statement that “No religious authority is entitled to declare followers of other religions infidels,” compared with 65 percent or respondents region-wide.
Section IV. U.S. Government Policy and Engagement
U.S. government officials at multiple levels, including the Ambassador, the acting Administrator of the U.S. Agency for International Development, and other embassy officials, regularly raised religious freedom concerns. The Ambassador and other embassy representatives discussed attacks on Christians, church legalization and construction, interfaith dialogue, and countering extremist thought with the Ministry of Foreign Affairs, members of parliament, governors, the Grand Imam, the Grand Mufti, and the Coptic Orthodox Pope as well as with civil society and minority religious groups. In their meetings with government officials, embassy officers emphasized the U.S. commitment to religious freedom and raised a number of key issues, including attacks on Christians, recognition of Baha’is and Jehovah’s Witnesses, and the rights of Shia Muslims to perform religious rituals publicly.
Throughout the year, embassy representatives met with senior officials in the offices of the Grand Imam of al-Azhar, Coptic Orthodox Pope Tawadros II, and bishops and senior pastors of Protestant and Anglican churches. In these meetings, embassy staff members raised cases in which the government failed to hold the perpetrators of sectarian violence accountable and failed to protect victims of sectarian attacks; prosecuted individuals for religious defamation; and enabled religious discrimination by means of official religious designations including on national identity cards. They also discussed progress on religious freedom issues such as issuance of permits for and new construction of churches, political support for Christian and Jewish communities, and the protection and restoration of Muslim, Christian, and Jewish religious sites. In February, the Ambassador delivered remarks on religious pluralism during the February rededication of Alexandria’s Eliyahu HaNevi Synagogue.
U.S. officials met with human rights activists and religious and community leaders to discuss contemporary incidents of sectarian conflict and gather information to raise in meetings with government officials. Embassy representatives also met with leading religious figures, including the Grand Imam of al-Azhar, the Grand Mufti of Dar al-Iftaa, leading Christian clergy, and representatives of the Jewish, Baha’i, and Shia communities. The embassy promoted religious freedom on social media during the year, including two posts describing the context of religious freedom that reached 25,306 persons.
India
Executive Summary
The constitution provides for freedom of conscience and the right of all individuals to freely profess, practice, and propagate religion; mandates a secular state; requires the state to treat all religions impartially; and prohibits discrimination based on religion. It also states that citizens must practice their faith in a way that does not adversely affect public order, morality, or health. Ten of the 28 states have laws restricting religious conversions. In February, continued protests related to the 2019 Citizenship Amendment Act (CAA), which excludes Muslims from expedited naturalization provisions granted to migrants of other faiths, became violent in New Delhi after counterprotestors attacked demonstrators. According to reports, religiously motivated attacks resulted in the deaths of 53 persons, most of whom were Muslim, and two security officials. According to international nongovernmental organization (NGO) Human Rights Watch, “Witnesses accounts and video evidence showed police complicity in the violence.” Muslim academics, human rights activists, former police officers, and journalists alleged anti-Muslim bias in the investigation of the riots by New Delhi police. The investigations were still ongoing at year’s end, with the New Delhi police stating it arrested almost equal numbers of Hindus and Muslims. The government and media initially attributed some of the spread of COVID-19 in the country to a conference held in New Delhi in March by the Islamic Tablighi Jamaat organization after media reported that six of the conference’s attendees tested positive for the virus. The Ministry of Home Affairs initially claimed a majority of the country’s early COVID-19 cases were linked to that event. Some members of the ruling Bharatiya Janata Party (BJP) said conference attendees spread COVID-19 “like terrorism,” which politicians and some media outlets described as “Corona Jihad.” Courts across the country dismissed numerous charges filed against Tablighi Jamaat members. Two Christians died in June after being beaten while in police custody for violating the COVID-19 curfews in Tamil Nadu. NGOs reported that nine police officers involved in the incident were charged with murder and destruction of evidence. In June, more than 200 Muslim residents of a village in Uttar Pradesh said they were leaving their homes because of intimidation by state police officials. There were reports by NGOs that the government sometimes failed to prevent or stop attacks on religious minorities. Political party leaders made inflammatory public remarks or social media posts about religious minorities. Attacks on members of religious minority communities, based on allegations of cow slaughter or trade in beef, occurred throughout the year. Such “cow vigilantism” included killings, assaults, and intimidation. Uttar Pradesh police filed charges in 1,716 cases of cow slaughter and made more than 4,000 arrests under the Prevention of Cow Slaughter Act as of August. In October, the Allahabad High Court in Uttar Pradesh ruled that the state Prevention of Cow Slaughter Act “was being misused against innocent persons” and granted bail to a Muslim individual arrested under the act. NGOs, including faith-based organizations, criticized amendments passed in September to the Foreign Contributions Regulation Act (FCRA) as constraining civil society by reducing the amount of foreign funding that NGOs, including religious organizations, could use for administrative purposes and adding onerous oversight and certification requirements. The government said the law strengthened oversight and accountability of foreign NGO funding in the country. In February, the government cancelled the FCRA licenses of five Christian-linked NGOs, cutting off their foreign funding. In September, the NGO Amnesty International India ceased operations in the country after the government froze its bank accounts in response to a FCRA investigation that the NGO says was motivated by its critical reporting against the government. In September, a special Central Bureau of Investigation (CBI) court acquitted all 32 persons, including former BJP politicians, charged in the case of the 1992 demolition of the Babri Masjid Mosque in Ayodhya, Uttar Pradesh. The CBI court ruled that the demolition of the mosque was a “spontaneous act” and there was no evidence of conspiracy.
There were reports of religiously motivated killings, assaults, riots, discrimination, vandalism, and actions restricting the right of individuals to practice and speak about their religious beliefs. In January, during anti-CAA protests in New Delhi, an armed crowd stormed a mosque, killed the muezzin, beat the imam, scattered worshippers, and set the building on fire. In September, media reported that a Hindu woman was beheaded for refusing to convert to Islam after marrying a Muslim; two Muslims were arrested for the crime. The NGO United Christian Forum’s violence monitor stated that attacks on Christians and their places of worship continued to escalate in both number and severity in 2020. The Christian NGO Persecution Relief documented 293 instances of attacks or harassment of Christians in the country in the first half of the year, despite the widespread pandemic lockdown, including six rapes and eight murders. There were 208 incidents during the same period in 2019. In its annual report, the NGO Alliance for Defense of Freedom (ADF) documented 279 instances of violence against Christians during the year, with Uttar Pradesh State reporting 70 incidents and Chhattisgarh State 66. In June, a 14-year-old boy was abducted and killed in the Malkangiri District of Odisha State. Christian organizations attributed the killing to his family’s conversion to Christianity three years earlier. Police arrested two suspects, and four remained at large at year’s end. Some Hindu leaders accused Christian leaders of forcibly converting individuals to Christianity and called for additional anticonversion legislation.
During engagements with the majority and opposition parties, civil society representatives, religious freedom activists, and leaders of various faith communities, U.S. government officials discussed the importance of religious freedom and pluralism, the value of interfaith dialogue, the Muslim community’s concerns about the CAA, and difficulties faced by faith-based and human rights-focused NGOs following the FCRA amendments and allegations that Muslims spread the COVID virus. Throughout the year, the Ambassador met with religious communities, including representatives of the Buddhist, Christian, Hindu, Jain, Jewish, Muslim, and Sikh faiths to discuss their perspectives and concerns. In May, the Ambassador organized a virtual interfaith dialogue during Ramadan in which he emphasized the U.S. government’s commitment to religious freedom. In January, a senior official from the Department of State Bureau of South and Central Asian Affairs held a roundtable with civil society members in New Delhi to discuss interfaith harmony and promoting tolerance. In January, the Consul General in Hyderabad hosted an interfaith event to discuss the importance of mutual respect and combating religious intolerance.
Section I. Religious Demography
The U.S. government estimates the total population at 1.3 billion (midyear 2020 estimate). According to the 2011 national census, the most recent year for which disaggregated figures are available, Hindus constitute 79.8 percent of the population, Muslims 14.2 percent, Christians 2.3 percent, and Sikhs 1.7 percent. Groups that together constitute fewer than two percent of the population include Buddhists, Jains, Zoroastrians (Parsis), Jews, and Baha’is. The Ministry of Tribal Affairs officially recognizes more than 104 million members of Scheduled Tribes – indigenous groups historically outside the caste system who often practice indigenous religious beliefs – as Hindus in government statistics, although an estimated 10 million of those listed as Scheduled Tribe members are Christians, according to the 2011 census.
According to government estimates, there are large Muslim populations in the states of Uttar Pradesh, Bihar, Maharashtra, West Bengal, Telangana, Karnataka, and Kerala. Muslims constitute 68.3 percent of the population in the Union Territory of Jammu and Kashmir, the only state or territory in which Muslims are a majority. Slightly more than 85 percent of Muslims in the country are Sunni, with the remainder mostly Shia. Christian populations are distributed throughout the country but in greater concentrations in the northeast as well as in the states of Kerala, Tamil Nadu, and Goa. Three northeastern states have majority Christian populations: Nagaland (90 percent), Mizoram (87 percent), and Meghalaya (70 percent). Sikhs constitute 54 percent of the population of Punjab. The Dalai Lama’s office estimates that there are significant resettled Tibetan Buddhist communities in Himachal Pradesh, Karnataka, Uttarakhand, and Delhi. According to the Office of the United Nations High Commissioner for Refugees and media reports, there are approximately 100,000 Tibetan Buddhists in the country. According to media reports, approximately 40,000 Muslim Rohingya refugees from Burma live in the country.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution mandates a secular state and provides for freedom of conscience and the right of all individuals to profess, practice, and propagate religion freely, subject to considerations of public order, morality, and health. It prohibits government discrimination based on religion, including for employment, as well as religiously based restrictions on access to public or private establishments. The constitution states that religious groups have the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in religious matters, and own, acquire, and administer property. It prohibits the use of public funds to support any religion. National and state laws make freedom of religion “subject to public order, morality, and health.” The constitution stipulates that the state shall endeavor to create a uniform civil code applicable to members of all religions across the country.
Federal law empowers the government to ban religious organizations that provoke intercommunal tensions, are involved in terrorism or sedition, or violate laws governing foreign contributions.
Ten of the 28 states in the country have laws restricting religious conversion: Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh and Uttarakhand. Chhattisgarh, Madhya Pradesh, Uttarakhand, and Uttar Pradesh prohibit religious conversion by “force,” “allurement,” or “fraudulent means” and require district authorities to be informed of any intended conversions one month in advance. Himachal Pradesh and Odisha maintain similar prohibitions against conversion through “force,” “inducement,” or “fraud,” and bar individuals from abetting such conversions. Odisha requires individuals wishing to convert to another religion and clergy intending to officiate at a conversion ceremony to submit formal notification to the government.
Violators, including missionaries, are subject to fines and other penalties, such as prison sentences of up to three years in Chhattisgarh and up to four years in Madhya Pradesh if converts are minors, women, or members of Scheduled Castes or Scheduled Tribes. Gujarat mandates prior permission from the district magistrate for any form of conversion and punishes “forced” conversions with up to three years of imprisonment and a fine up to 50,000 rupees ($680). In Himachal Pradesh, penalties include up to two years’ imprisonment, fines of 25,000 rupees ($340), or both. Punishments for conversions involving minors, Scheduled Caste or Scheduled Tribe members, or in the case of Odisha, women, may include prison sentences.
Under Andhra Pradesh and Telangana law, authorities may prohibit proselytizing near places of worship. Punishment for violations may include imprisonment for up to three years and fines up to 5,000 rupees ($68).
The federal penal code criminalizes “promoting enmity between different groups on grounds of religion” and “acts prejudicial to maintenance of harmony,” including acts causing injury or harm to religious groups and their members. The penal code also prohibits “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.” Violations of any of these provisions are punishable by imprisonment for up to three years, a fine, or both. If the offense is committed at a place of worship, imprisonment may be for up to five years.
There are no requirements for registration of religious groups unless they receive foreign funding, in which case they must register under the FCRA. Federal law requires religious organizations registered under the FCRA to maintain audit reports on their accounts and a schedule of their activities and to provide these to state government officials upon request.
Organizations conducting “cultural, economic, educational, religious, or social programs” that receive foreign funding are required to obtain a license under the FCRA. The federal government may also require that licensed organizations obtain prior permission before accepting or transferring foreign funds. The central government may reject a license application or a request to transfer funds if it judges the recipient to be acting against “harmony between religious, racial, social, linguistic, regional groups, castes, or communities.”
Legislation passed in September reduces the amount of funding that NGOs, including religious organizations, may use for administrative purposes from 50 to 20 percent and prohibits NGOs from transferring foreign funds to third parties.
The constitution states that any legal reference to Hindus is to be construed to include followers of Sikhism, Jainism, and Buddhism, meaning they are subject to laws regarding Hindus, such as the Hindu Marriage Act. Subsequent legislation continues to use the word Hindu as a category that includes Sikhs, Buddhists, Baha’is, and Jains, but it identifies the groups as separate religions whose followers are included under the legislation.
Federal law provides official minority-community status to six religious groups: Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists. State governments may grant minority status under state law to religious groups that are minorities in a particular region. Members of recognized minority groups are eligible for government assistance programs. The constitution states that the government is responsible for protecting religious minorities and enabling them to preserve their culture and religious interests.
Personal status laws establish civil codes for members of certain religious communities in matters of marriage, divorce, adoption, and inheritance based on religion, faith, and culture. Hindu, Christian, Parsi, Jewish, and Islamic personal status laws are legally recognized and judicially enforceable. Personal status issues that are not defined for a community in a separate law are covered under Hindu personal status laws. These laws, however, do not supersede national and state legislation or constitutional provisions. The government grants autonomy to the All India Muslim Personal Law Board and the Parsi community to define their customary practices. If law boards or community leaders are not able to resolve disputes, cases are referred to the civil courts.
Interfaith couples and all couples marrying in a civil ceremony are generally required to provide public notice 30 days in advance – including addresses, photographs, and religious affiliation – for public comment, although this requirement varies across states. Hindus, Muslims, Buddhists, Sikhs, or Jains who marry outside their religions face the possibility of losing their property inheritance rights under those communities’ personal status laws.
The law recognizes the registration of Sikh marriages but does not include divorce provisions for Sikhs. Other Sikh personal status matters fall under Hindu codes. Under the law, any person, irrespective of religion, may seek a divorce in civil court.
The constitution prohibits religious instruction in government schools; the law permits private religious schools. The law permits some Muslim, Christian, Sindhi (Hindu refugees), Parsi, and Sikh educational institutions that receive government support to set quotas for students belonging to the religious minority in question. For example, Aligarh Muslim University must admit at least 50 percent Muslims. St. Stephen’s College in Delhi and St. Xavier’s in Mumbai must admit at least 50 percent Christians.
Twenty-four of the 28 states apply partial to full restrictions on bovine slaughter. Penalties vary among states and may vary based on whether the animal is a cow, calf, bull, or ox. The ban mostly affects Muslims and members of Scheduled Castes and Scheduled Tribes that traditionally consume beef. In the majority of the states where bovine slaughter is banned, punishments include imprisonment for six months to two years and a fine of 1,000 to 10,000 rupees ($14-$140). Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years. Gujarat state law mandates a minimum 10-year sentence (the punishment for some counts of manslaughter) and a maximum sentence of life imprisonment (the punishment for premeditated murder of humans) for killing cows, selling beef, and illegally transporting cows or beef.
One state, Madhya Pradesh, sets fines of 25,000 to 50,000 rupees ($340 to $680) and prison sentences of six months to three years for “cow vigilantism,” i.e., committing violence in the name of protecting cows. This is the first law of its kind in the country.
The National Commission for Minorities, which includes representatives from the six designated religious minorities and the National Human Rights Commission, investigates allegations of religious discrimination. The Ministry of Minority Affairs may also conduct investigations. These agencies have no enforcement powers but conduct investigations based on written complaints of criminal or civil violations and submit findings to law enforcement agencies. Eighteen of the country’s 28 states and the National Capital Territory of Delhi have state minorities commissions, which also investigate allegations of religious discrimination.
The constitution establishes the legal basis for preferential public benefit programs for Scheduled Caste or Scheduled Tribe communities and members of the “Other Backward Classes,” a category for groups deemed to be socially and educationally disadvantaged. The constitution specifies only Hindus, Sikhs, or Buddhists are eligible to be deemed members of a Scheduled Caste. As a result, Christians and Muslims qualify for benefits if deemed to be members of “backward” classes due to their social and economic status.
The government requires foreign missionaries to obtain a missionary visa.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
In February, continued protests and counterprotests related to the CAA devolved into rioting between members of Hindu and Muslim communities in East Delhi, during which 53 people were killed and nearly 400 injured. Two security officials were also killed. The police arrested 1,829 persons in connection with the riots. In its report covering 2020, the NGO Human Rights Watch (HRW) stated that while a police officer and some Hindus were also killed in the rioting, the majority of victims were Muslim. The HRW report also said, “Witness accounts and video evidence showed police complicity in the violence.” In one example reported by The Guardian, Mufti Mohammad Tahir was forcibly removed by police from a mosque near Mustafabad and handed over to a crowd, which beat him unconscious and set fire to the mosque.
Among those arrested in the protests were activist and former Jawaharlal Nehru University student Umar Khalid and Jamia Milia Islamia student and activist Safoora Zargar, both Muslims. The Delhi High Court released Zargar on bail in June for health considerations. On October 22, Khalid told a Delhi court that he was being kept in solitary confinement, which had taken a toll on his “mental and physical health.”
Human rights activists and NGOs said that members of the governing BJP and the Rashtriya Swayamsevak Sangh (RSS) Hindu nationalist organization made inflammatory public remarks about anti-CAA protesters but were not charged by police. HRW said that the violence in Delhi broke out soon after a local BJP politician, Kapil Mishra, demanded that the police clear the roads of protesters. In another example, in a widely viewed video posted online on January 3, Somashekhara Reddy, a state-level BJP member of the Karnataka Legislative Assembly, threatened Muslims protesting the CAA. He said, “We are 80 percent and you [the CAA protesters] are just 17 percent. Imagine what will happen to you if we turn against you.”
On April 9, the Delhi Minorities Commission (DMC) demanded the police take action in response to attacks against Muslims in New Delhi during the CAA protests. The DMC requested a report from the commissioner and unspecified “proper action” from the police over “random arrests” of Muslims in connection with the CAA riots in February. The DMC also asked police to file formal charges against perpetrators for an alleged attack on a mosque in Delhi on April 8. A July report by the DMC said the violence in Delhi was “planned and targeted,” and it found that police were filing cases against Muslims for acts of violence but were not acting against Hindu leaders accused of inciting violence, including municipal-level BJP politicians.
Muslim academics, human rights activists, former police officers, and journalists alleged anti-Muslim bias in the investigation into the riots by Delhi police. The Delhi police commissioner stated that the investigation was being carried out without regard to religion and party affiliation and noted that arrests included almost equal numbers of Muslims and Hindus.
Parliament passed the CAA in December 2019 to provide an expedited path to citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants from Pakistan, Afghanistan, and Bangladesh who had entered the country on or before December 31, 2014. Similarly situated Muslims, Jews, atheists, and members of other faiths from these three countries were excluded from the CAA. As of late 2020, the government had not yet enacted rules to implement the CAA. Domestic and international media, NGOs, religious groups, intellectuals, and some political parties criticized the exclusion of Muslims from the legislation, sparking widespread protests. Activists, NGOs, and political parties filed petitions against the CAA on the grounds that it added a religious qualification to the country’s historically secular citizenship laws. None of the more than 100 legal challenges had been heard by the Supreme Court as of the year’s end. Commentators, members of some political parties, and activists said the CAA was part of an effort to marginalize Muslim communities throughout the country. They also questioned delays in hearing legal challenges to the legislation. The government stated the legislation facilitated naturalization for refugees from religious minorities who had fled neighboring countries due to religious persecution and that Muslims could also apply for citizenship through other mechanisms.
According to AsiaNews, two Christians died in June after being beaten while in police custody for violating COVID-19 pandemic curfews in Thoothukudi District, Tamil Nadu. The victims were a man and his son, who were detained for keeping their shop open beyond restricted hours on June 19. Cardinal Oswald Gracias, president of the Indian Catholic Bishops’ Conference, said to the media, “Such violence from those who should defend citizens is unacceptable. Justice must run its course and punish the guilty.” The All India Catholic Union also called for intervention by the authorities. The NGO International Christian Concern (ICC) reported that four police officers were suspended after the state government opened an investigation. HRW stated that the CBI, which was asked to investigate the deaths following nationwide outrage, charged nine police officers with murder and destruction of evidence in the case.
In September, the Jharkhand Health Ministry ordered administrative action against two doctors who had allegedly declined to provide adequate medical care to Tabrez Ansari, a Muslim who was assaulted by a mob in Jharkhand in 2019 and subsequently died. In August, Ansari’s wife met with Chief Minister of Jharkhand Hemant Soren and requested an expedited trial and enhanced compensation. Some NGOs and media outlets continued to report that lawmakers sometimes denied or ignored incidents of mob violence, lynching, and communal violence. HRW reported that since May 2015, 50 persons had been killed and more than 250 injured in mob attacks, including instances when Muslims were beaten and forced to chant Hindu slogans. HRW reported that in some cases, police failed to investigate these attacks, instead filing criminal cases against witnesses to intimidate them.
Some Hindu community leaders accused Christian community leaders of forcibly converting individuals to Christianity and called for additional anticonversion legislation. According to the ICC, in June, Chief Minister of Haryana State Manohar Lal Khattar announced his intention to add an anticonversion law to the state’s legal code. Such a law had not been passed by year’s end. On August 11, Hindu nationalists attacked four Christian women at a prayer service in Faridabad District of Haryana.
On November 25, Uttar Pradesh State approved a law which would impose penalties of up to 10 years in prison for “unlawful religious conversions” and “interfaith marriages with the sole intention of changing a girl’s religion.” The governor signed the law into effect on November 28, and authorities made their first arrest under the new law on December 2, according to Indian media sources. The suspect, Owais Ahmad, was accused of pressuring a Hindu woman married to another man to leave him, convert to Islam, and marry Ahmad. His case was pending at year’s end. The Uttar Pradesh government had proposed the law after 14 cases were reported in Kanpur of Muslim men concealing their religious identity, allegedly to lure Hindu girls into romantic relationships, marry them, and force them to convert to Islam, a practice commonly referred to as “love jihad” (a derogatory term). In September, Kanpur police established a special team to investigate these cases after 11 instances of forced conversion on the pretext of marriage were reported in one month.
On December 26, Madhya Pradesh State implemented the Madhya Pradesh Freedom of Religion ordinance, replacing the 1968 Freedom of Religion Act. The ordinance requires prior permission from a district official to convert to the spouse’s faith in case of interfaith marriage, with a prison term of up to 10 years for violators. Some NGOs criticized the law for targeting Muslim men wishing to marry or enter into relationships with non-Muslim women. The Chief Minister of Rajasthan State, Ashok Gehlot (Congress Party), said the law was “manufactured by the BJP to divide the nation on communal lines.” BJP politicians, including in states where the law had not been proposed, stated that the legislation was necessary to protect Hindu and Christian women from forced religious conversion.
On March 13, the Delhi High Court rejected a petition by local BJP politician Ashwini Kumar Upadhyay to enact a law in that state to regulate and prevent religious conversions by force or deceit, similar to the anticonversion laws enacted in other states. The court stated that religion is a personal belief and to convert to a different faith was an individual’s choice.
On March 8, according to media reports, police detained a pastor and a group of volunteers from his church for distributing food and medicine to slum residents in Villupuram District, Tamil Nadu. A local Hindu filed a complaint that the church group was proselytizing. The minister and volunteers denied the allegation and said they had been slapped and harassed while in custody at the Marakkanam police station. Police released them with a warning.
According to ADF India, on February 18, a district court in Ratlam acquitted eight Christians who had been accused in 2017 of conspiring to kidnap 60 children and covert them to Christianity in Maharashtra State.
On March 15, a group of Hindus attacked a church service in Pratapgarh, Uttar Pradesh, with hockey sticks and steel rods without intervention from police who were present, according to Pastor Indresh Kumar Gautam. Gautam told media that the Hindus accused the worshippers of increasing Christian conversions in the area. Instead of stopping the attack, police took the pastor, three Christian worshippers, and a non-Christian into custody, Gautam said. The pastor said the non-Christian was released immediately. The other four were held for six hours and released on bail after signing affidavits stating they would not be involved in further Christian conversion activities in the area. Gautam also said that a police officer beat him.
The NGOs ICC and ADF India stated that authorities pursued charges against Christians in several states, most frequently Uttar Pradesh, under religious conversion laws or laws prohibiting “insults” to religion or religious belief, including Section 259A of the national penal code. In September, the ICC reported that eight persons were arrested and several house churches closed in Lakhimpur Khere District. Those arrested were charged under Section 259A and were subsequently released on bail.
On June 6, more than 200 Muslim residents of Taprana village in Shamli town, Muzzafarnagar District, Uttar Pradesh, said they were leaving their homes because of intimidation by state police officials. Villagers told media that a police raid on May 26 prompted them to move. They said police ransacked and looted homes during the raid and arrested a Muslim resident who had returned to the village before his six-month ban for cow slaughter had ended. One witness said this was the fourth such raid in two months.
On September 30, a special CBI court acquitted all 32 persons, including former senior BJP politicians L.K. Advani and Murli Manohar Joshi, charged in the 1992 destruction of the Babri Mosque by Hindu activists in Ayodhya, Uttar Pradesh, which sparked violence that led to an estimated 2,000 deaths, mostly of local Muslim residents. The court ruled that the destruction of the mosque had not been a “preplanned act” and that there was no evidence of a conspiracy to carry it out. Some Muslim organizations pledged to appeal the ruling, and some political analysts noted that the judgment was likely to fuel feelings of discontent and marginalization among the country’s Muslim minority, while others disagreed with the ruling but welcomed a resolution to the divisive case after several decades. NGOs and opposition politicians said the outcome was inconsistent with the Supreme Court’s prior findings and expressed frustration that the court’s judgment meant an absence of accountability for the mosque’s destruction.
In November 2019, the Supreme Court awarded the site where the Babri Mosque had stood to a trust for the purpose of constructing a Hindu temple there and provided five acres of land in the city for the construction of a new mosque. On August 5, Prime Minister Narendra Modi attended the inauguration ceremony for construction of the temple. Some opposition politicians and members of civil society expressed opposition to the Prime Minister’s attending a religious ceremony in an official capacity.
On July 9, a temple and two mosques located on the premises of a Telangana State office complex were damaged during the construction of a new office complex, prompting Hindu and Muslim organizations and political parties to call for reconstruction of the structures. State Chief Minister Chandrashekar Rao said the damage was accidental, expressed regret for the incident, and said the state would construct a new temple and mosques as part of the new complex. In response to a demand from the Christian community, the Chief Minister announced on September 5 that a church would also be built in the new complex.
In October, the Supreme Court accepted the government’s plan to rebuild a smaller temple on the former site of the Guru Ravidas Hindu temple, which had been demolished in August 2019 as part of a government drive against illegal properties. Hindu Dalit groups had protested the demolition and demanded the temple’s reconstruction.
The government and media initially attributed early cases of COVID-19 in the country to a conference held in New Delhi in March by the Islamic Tablighi Jamaat organization after media reported that six conference attendees – including some who had travelled from abroad – had tested positive for the virus after gathering at a large event in contravention of social distancing provisions. The Ministry of Home Affairs initially claimed a majority of the country’s COVID-19 cases were linked to the event. Some studies indicated the event had resulted in an initial spread of COVID-19. A BJP member of the state legislative assembly in Karnataka said the Tablighi Jamaat conference attendees were spreading COVID-19 “like terrorism.” A senior state-level BJP leader in Maharashtra State called the Muslims who attended the conference “human bombs.” Politicians and some media labeled this “Corona Jihad,” which some NGOs said reflected increasing anti-Muslim sentiment.
At a press briefing on April 4, Ministry of Home Affairs Secretary Punya Salila Srivastava said that law enforcement agencies “through a massive effort, had located and placed around 22,000 Tablighi Jamaat workers and their contacts in quarantine.” Most of those quarantined were Muslim. In July, authorities charged conference participants from 34 countries, most of whom were Muslim, for violation of visa conditions and “malicious spreading of COVID-19.” Of 956 Tablighi Jamaat members and foreign nationals detained in Delhi, 249 were granted bail and an additional 132 were released in July. In Uttar Pradesh State, 512 Tablighi Jamaat members were released in June following court orders.
In an online address to the nation on April 26, Mohan Bhagwat, the leader of the RSS, called on Indians not to discriminate against anyone in the fight against COVID-19. In a reference to the March Tablighi Jamaat conference, he asked people not to target members of a “particular community” (i.e., Muslims) “just because of the actions of a few.” Prime Minister Modi tweeted on April 19, “COVID-19 does not see race, religion, color, caste, creed, language or borders before striking. Our response and conduct thereafter should attach primacy to unity and brotherhood.”
On April 3, the Gujarat High Court directed national and Gujarat State officials to submit a list of citizens and foreign nationals who participated in the Tablighi Jamaaat conference and later entered Gujarat. On August 21, the Aurangabad bench of the Mumbai High Court annulled complaints against 29 foreign nationals alleged to have violated their visas by visiting Maharashtra State (where Mumbai is located) after attending the conference. The judges said that authorities had identified and charged the foreigners in order to make them scapegoats. On September 21, during a Gujarat State legislature meeting, Deputy Chief Minister Nitin Patel and other BJP lawmakers in Gujarat said that Tablighi Jamaat members were responsible for the initial spread of COVID-19 in that state.
On September 24, the Nagpur Bench of the Mumbai High Court dismissed a case against eight Burmese Muslims who were charged with engaging in religious activities that contributed to the spread of COVID-19 in Maharashtra State. The eight had visited a mosque in Nagpur just before pandemic restrictions were imposed in March.
On June 17, the Telangana State High Court questioned Hyderabad police on why cases were registered against “a disproportionate number of Muslims” on the charge of violating COVID-19 lockdown restrictions. The court asked the state police chief to submit evidence of action taken against police officials who used excess force on the alleged violators of the lockdown. Police denied that they were targeting Muslims and said their internal investigation showed that all had suffered their injuries “accidentally.”
The NGO Shia Rights Watch said that during the month of Muharram (August 20 to September 17), authorities had restricted Shia processions in areas of Jammu and Kashmir, blocking roads, arresting 200 persons, and injuring 40. Authorities said the processions were in violation of the COVID-19 lockdown orders.
On March 27, police in Kandhamal District of Odisha arrested a pastor and an official of a church on a charge of violating lockdown restrictions and conducting prayers with approximately 60 attendees. The pastor said he was leading the prayer service because it was “the only weapon” against the virus. The two were later released on bail.
On March 29, police in Hyderabad detained a pastor for organizing worship in a church during a COVID-19 lockdown. He was charged with disobeying an order from a public servant and conducting an act likely to spread an infectious disease dangerous to life. The pastor was released on bail; his case remained under investigation at year’s end.
On April 5, police in the Godavari District of Andhra Pradesh dispersed a Sunday church gathering of 150 persons and arrested Pastor N. Vijay Ratnam on a charge of violating lockdown guidelines. On April 8, police in Hyderabad arrested 10 Muslims, including two imams, for violating lockdown restrictions and offering prayers in a mosque. Ratnam and the imams were released on bail; their cases were under routine investigation at year’s end.
On November 5, a National Investigative Agency (NIA) court in Mumbai extended the detention of Stan Swamy, a Jesuit priest and 84-year-old social activist, on sedition charges in connection with a violent demonstration that resulted in several deaths. NIA officers arrested him on October 8 at his residence on the outskirts of Ranchi, Jharkhand, and his communication with others during detention was strictly regulated. Swamy remained in jail at year’s end.
On July 28, according to media reports, the BJP-controlled Karnataka State government removed some lessons on Christianity and Islam from middle school social science textbooks, stating that the move was intended to shorten the curriculum while school sessions were limited due to pandemic restrictions. After strong reaction from the state’s opposition parties, the state government agreed to review the decision. As of the end of the year, the review was pending.
On October 19, the Allahabad High Court in Uttar Pradesh ruled that the state’s Prevention of Cow Slaughter Act “was being misused against innocent persons” and granted bail to a Muslim arrested under the act. Uttar Pradesh police had filed charges in 1,716 cases of cow slaughter and made more than 4,000 arrests under the Prevention of Cow Slaughter Act as of August. According to Uttar Pradesh State government data, the National Security Act (NSA) was also used in some cow slaughter cases; observers said this was to make the charges more serious. Persons detained under the NSA may be held up to 12 months without formal charges.
On March 9, the Gujarat High Court overruled a lower court’s order and allowed two Hindus to sell their property to a Muslim under the terms of the Gujarat Disturbed Areas Act, which mandates that property buyers and sellers of different religions receive prior permission for transactions in specified neighborhoods. The State of Gujarat has the only such law in the country. The court decision was significant, according to the Gujarat Minority Coordination Committee, which monitors human rights in the area, because the Gujarat law in practice often restricted Muslims to buying and selling property in low-income areas.
On August 30, a Hindu man in Gujarat filed a complaint with police objecting to his Parsi neighbor’s selling land to a Muslim and alleging the buyer concealed his religion and forged documents to evade provisions of the Gujarat Disturbed Areas Act. The complaint remained under police investigation at year’s end.
In July, Minister for Minority Affairs Mukhtar Abbas Naqvi stated that cases of triple talaq (the practice by which a Muslim man may immediately divorce his wife by saying the Arabic word talaq three times) had declined by 82 percent since the government passed a bill in 2019 criminalizing the practice. He said the law had nothing to do with religion and had been passed to ensure gender equality by ending an “inhuman, cruel, and unconstitutional practice.”
In February, Chief Justice Sharad Arvind Bobde referred to a seven-judge panel for action a 2016 challenge to a Supreme Court ruling that recognized the minority status of Islamic educational institutions, including Aligarh Muslim University, and their independence in hiring and curriculum decisions. The panel had not ruled on the petition by the end of the year.
On September 15, Uttar Pradesh Chief Minister Adityanath announced that a new museum in Agra would be renamed after the Hindu warrior-king Chhatrapati Shivaji Maharaj instead of in honor of the nation’s historic Muslim Mughal rulers, as had been announced by the previous government in Uttar Pradesh. Adityanath said that the Muslim rulers “cannot be our heroes.”
In September, the national parliament amended the FCRA to prohibit NGOs registered under the act from using more than 20 percent of the foreign funding they receive for administrative expenses. Previously, this limit was 50 percent. The amendment also prohibited FCRA-registered NGOs from transferring their foreign funding to a third party. Opposition parties and NGOs, including faith-based organizations, criticized the amendment and said it was an attempt to muzzle civil society voices. According to HRW, the amendments “added onerous governmental oversight, additional regulations and certification processes, and operational requirements, which would adversely affect civil society groups, and effectively restrict access to foreign funding for small nongovernmental organizations.” The government defended the amendment, stating it strengthened the regulatory mechanism that governs use of foreign funding by NGOs in the country and that NGOs were required to comply with relevant laws.
On February 5, the Ministry of Home Affairs suspended the FCRA licenses of Ecreosoculis North Western Gossner Evangelical in Jharkhand, the Evangelical Churches Association (ECA) in Manipur, the Northern Evangelical Lutheran Church in Jharkhand, and the New Life Fellowship Association Mumbai, preventing the organizations from receiving funds from outside of the country. The ministry said these organizations were engaged in proselytizing, which is a violation for organizations registered under the FCRA.
On September 29, Amnesty International India announced that it was ceasing operations in the country after the government froze its bank accounts in response to an FCRA investigation. The NGO said the government had accused it of violating foreign funding laws in reprisal for its human rights advocacy. In 2018 and 2019, the NGO had documented what were described as numerous hate crime incidents against Christians and Muslims in the country.
On September 15, in response to a petition filed by Jamia Milia Islamia, the Supreme Court suspended broadcasts of a news serial program, Bindas Bol, on the grounds that it was prejudiced against the notion of Muslims joining the Indian civil services and that it “vilified” the Muslim community. The court upheld the suspension in subsequent hearings.
Former Jammu and Kashmir Chief Minister Farooq Abdullah told the media in September that as a result of the central government’s ending the special constitutional status of the territory in 2019 and assuming responsibility for government personnel decisions, an unknown number of Muslim civil servants had been removed from their positions in the territory and replaced by Hindus.
In November, Karnataka member of the legislative council Shantaram Siddi said that members of his Siddi minority group, who are descended from African slaves in Goa, should not be considered members of the Scheduled Tribes, and thus eligible for government benefits, if they converted from Hinduism to Islam or Christianity. He stated that those who converted and received benefits were putting Hindu Siddis at a disadvantage.
Organizations representing members of Dalit communities continued to challenge at the Supreme Court the practice of denying members of lower castes eligibility for educational and job placement programs for those who convert from Hinduism to another religion.
Section III. Status of Societal Respect for Religious Freedom
International media reported that Hindus led violent attacks against Muslims during February riots in East Delhi. In one case reported by The Guardian, Muhammed Zubar said he was beaten with clubs by a group chanting Hindu slogans. The Guardian also reported the case of Imran Khan, who said a mob surrounded him on the street, identified him as Muslim, and beat him unconscious with iron rods, crowbars, and metal pipes before dragging him into a gutter with a rope tied around his neck.
According to the NGO Centre for Study of Society and Secularism (CSSS), national media reported 23 incidents of mob lynching during the year, compared with 107 incidents in 2019. The CSSS said the decline was attributed to the COVID-19 lockdowns around the country. Twenty-two individuals were killed in the attacks, including Muslims, Christians, and Hindus, according to the CSSS. Seven of the incidents were directly linked to cow vigilantism. For example, on January 31, a mob in the Bhiwandi District of Maharashtra State attacked Muslims Nafees Qureshi, Aamir Khan, and Aakib Aalam, who were loading a buffalo into their vehicle. Police arrived to break up the attack, but Qureshi died in the hospital from injuries inflicted by the mob. Police later filed a murder case against six of the attackers.
On April 16, according to media reports, a mob in Palghar, Maharashtra, lynched Hindu monks Kalpavrukshagiri Maharaj and Sushilgiri Maharaj along with their driver, accusing them of being child kidnappers. The mob pulled the three monks from a police vehicle and killed them, also injuring two police officers. Opposition party members in Maharashtra said the killings were motivated by the religious identity of the victims and that the perpetrators were Christian, but the Maharashtra government stated the incident was due to general fear and suspicion of child kidnapping in the area.
The NGO United Christian Forum’s violence monitor stated that attacks on Christians and their places of worship continued to escalate in both number and severity during the year. According to the NGO, COVID-19 lockdowns did not lessen attacks on religious minorities. However, the monitor recorded 200 attacks against Christians as of November 12, compared to more than 300 cases reported in all of 2019.
Tehmina Arora, the director of ADF India, said attacks against Christians happened “nearly every day.” In its annual report, the ADF documented 279 instances of violence against Christians in 2020, with Uttar Pradesh reporting 70 incidents and Chhattisgarh 66. On November 16, a group of individuals described as religious extremists disrupted a wedding ceremony at a church in Gorakhpur, Uttar Pradesh, and threatened the pastor. The protesters also prevented the pastor from holding prayer services, according to the ADF. The ADF report also said that the Uttar Pradesh law against unlawful religious conversions targeted Christians and restricted their individual freedom to convert to another faith.
The Christian NGO Persecution Relief reported 293 cases of attacks on or harassment of Christians in the country in the first half of the year, despite the widespread pandemic lockdown. The incidents included six rapes and eight killings, according to the NGO. During the same period in 2019, Persecution Relief recorded 208 incidents. The NGO also reported an increase in social media posts by Hindus accusing Christians of forced conversions that included footage of attacks on Christians.
In July, the Evangelical Fellowship of India (EFI) stated there had been 135 attacks against Christian churches, homes, or individuals across the country in the first six months of the year. EFI general secretary Vijayesh Lal said attacks increased during the pandemic lockdown. In September, however, EFI reported 32 incidents of religiously motivated violence against Christians in Uttar Pradesh in the first six months of 2020, compared with 86 recorded incidents in the state in all of 2019. According to the NGO International Christian Concern, the COVID-19 lockdowns likely reduced persecution in Uttar Pradesh, but reported attacks against Christians increased once pandemic restrictions eased.
In its World Watch List 2020 report, the NGO Open Doors stated that Hindu extremists, who believed the country should “be rid of Christianity and Islam,” used extensive violence, particularly targeting Christians from a Hindu background. According to the NGO, Christians were often accused of following a “foreign faith” and physically attacked in their villages.
Unlike previous years, the government did not present statistics on religious violence to parliament during the year.
In an example of the sectarian violence sparked by continued protests over the CAA, CNN reported that an armed crowd stormed a mosque in the Ashok Nagar area of New Delhi on January 25, killed the muezzin, beat the imam, scattered worshippers, and set the building on fire.
On September 25, according to media reports, Priya Soni, a Hindu, was beheaded for refusing to convert to Islam after marrying Muslim Ajaz Ahmed in a civil ceremony. Ahmed and Shoaib Akhtar, also a Muslim, were arrested for the crime and were in custody while the police investigation continued at year’s end. According to media, Ahmed and Akhtar were part of an organized group that lured Hindu women into marriage and then forced them to convert.
On October 26, Nikita Tomar, a Hindu, was killed by a Muslim outside her college in Faridabad, Haryana State. Tomar’s family said that she had resisted pressure by her killer to convert to Islam and marry him. In January, the Syro-Malabar Church in Kerala issued a statement that 12 Christian women had been forcibly converted to Islam and taken to Syria to join ISIS and that some may have been killed.
On June 4, 14-year-old Samaru Madkami was abducted and killed in the Malkangiri District of Odisha. Police said they suspected he was killed because the attackers believed he had been practicing witchcraft, but Christian organizations attributed the killing to his family’s conversion to Christianity three years earlier. Police arrested two suspects, while four remained at large at year’s end. A church source stated that 14 Christians had been killed in Malkangiri District in the previous two years.
On August 12, according to media reports, police in Bangalore fatally shot three persons during violent protests by Muslims regarding a Facebook post they said denigrated the Prophet Mohammed. Sixty police were also injured. Bangalore police arrested the nephew of a Karnataka State legislator from the Congress Party for posting the item on Facebook.
The NGO Persecution Relief reported that on January 12, Hindu activists attacked several Christian homes in Banni Mardatti village in Karnataka State, which led Christian families to move away from the village. On March 1, a Karnataka pastor was attacked by Hindu activists as he led church services. Persecution Relief reported that the pastor was dragged out of his house church, tied to a tree, and beaten with sticks.
Morning Star News reported that a crowd of more than 200 attacked a house church in Haryana State on January 5, beating and kicking the pastor, whom they accused of forcibly converting Hindus to Christianity. Police officers took the pastor to a hospital for treatment of a broken leg before detaining him for forcible conversion. He was released on bail on January 7.
The NGO ICC reported that a crowd disrupted a prayer service being hosted in a local home on March 11, then returned to beat the leader of the service and ransack his home when he and his family would not renounce their faith. The victim was hospitalized for a week. Local police declined to take action against the assailants, according to the NGO.
On September 16, assailants in Jharkhand State’s Simdega District reportedly beat seven tribal Christians, partially shaved their heads, and forced them to chant Hindu invocations. The assailants alleged the Christians had slaughtered a cow. Police arrested four of the nine assailants.
In March, the Juvenile Justice Board in Alwar, Rajasthan State handed down the first punishment in the 2017 mob killing of Muslim cattle trader and dairy farmer Pehlu Khan. The board sentenced two minor defendants to three years in a juvenile home.
Several Muslim leaders and activists in Telangana State said local BJP leaders and other Hindu activists encouraged Hindus not to buy from Muslim merchants following media reports that many attendees of the Tablighi Jamaat conference in New Delhi in March, who had been accused of spreading COVID-19, were from Telangana.
In April, a leading Urdu-language newspaper warned against a “new wave of hatred against Muslims” created under the pretext of the Tablighi Jamaat’s “so-called civic irresponsibility amid the lockdown.” The newspaper stated, “The assumption that the [Tablighi] Jamaat and Muslims are solely responsible for the spread of coronavirus in India is very dangerous.”
In June, the ICC stated that local Hindu groups in charge of food aid distribution during the pandemic lockdown denied aid to Christian groups unless they renounced their faith. In at least one instance, according to the ICC, Hindus and police attacked a pastor and his congregation, saying the aid was not meant for Christians.
On March 5, a group of Hindu activists prevented a Christian evangelist and his wife from distributing Bible literature in Vellore District, Tamil Nadu State. The activists then assaulted the couple and smeared Hindu sacred ash on their foreheads.
On March 2, Hindu activists entered the Catholic Sanjo Hospital in Karnataka State and assaulted staff for keeping copies of the Bible in hospital rooms and holding prayer services. Police subsequently arrested one hospital employee for proselytizing.
According to Persecution Relief, a Dalit Christian family was prevented from obtaining water from a local well by Hindu groups in a village in Karnataka State. Local police were called to resolve the matter, and the family was permitted to retrieve water.
On February 2, Jharkhand Disom Party (JDP) workers in West Bengal’s Malda District violently disrupted a Hindu mass wedding ceremony for 130 tribal couples organized by the Vishwa Hindu Parishad (VHP). A JDP leader told the media that the tribal individuals were being converted to Hinduism by being married in a Hindu ceremony. The leader also said that the VHP had enticed participants by promising each couple 12,000 rupees ($160). VHP representatives said they organized the wedding ceremony in line with tribal customs.
There were numerous acts of vandalism and arson targeting Christian sites and symbols during the year. The NGO Persecution Relief documented 49 cases of churches being vandalized, destroyed, or burned over six months, including in Belgaum District, Karnataka, where a church under construction was set on fire on December 17. The NGO said the pastor filed a complaint with police, but arsonists returned on December 22 and set the church on fire again. Police provided protection to the pastor and church members after the second incident.
On June 13, unidentified individuals burned down the Church of True Peace Pentecostal Church in Tamil Nadu’s Chengalpattu District. The pastor said he suspected arson and filed a report with local police. According to Persecution Relief, attacks on Christians in Tamil Nadu increased steadily in recent years, with 57 reported in 2017, 67 in 2018, and 75 in 2019.
In January, unknown individuals vandalized the St. Francis Assisi Catholic Church in a suburb of Bengaluru and ransacked the altar, according to media accounts. Police opened an investigation.
On March 3, police removed a statute of Jesus from a Christian cemetery in Doddasagarhalli, Karnataka, after local Hindus pressed local authorities to remove it, according to the Catholic news site Crux. Archbishop Peter Machado of Bangalore condemned the “forceful removal” of the statute from land that local Christians had used without incident as a cemetery for more than 30 years. He stated the site was not being used for forcible conversions, as alleged by Hindus from outside the village. Machado said the removal was a “violation of the religious freedom guaranteed to us by the Indian Constitution.”
Media reported that in Coimbatore, Tamil Nadu, a group threw a bottle filled with gasoline at one mosque and stones at another in retaliation for an attack made on a local Hindu leader during the protests against the CAA.
A Hindu temple in East Godavari District of Andhra Pradesh State was damaged by fire on September 6. In the protests that followed on September 8, a mob attacked a local church with stones, damaging its windows and compound wall. Police arrested 43 persons belonging to various Hindu organizations in connection with the attack on the church. Andhra Pradesh police opened an investigation into the church attack, but all suspects were free on bail at year’s end. On September 11, the state government ordered a separate probe by the CBI into the temple fire; the probe had not begun as of year’s end.
On September 1, unidentified persons demolished a church in Khammam District, Telangana State. The pastor said that Hindu nationalists carried out the attack in retaliation for a complaint he filed against them in 2019 for disturbing worship.
Section IV. U.S. Government Policy and Engagement
During the year, U.S. embassy and consulate officials met with government officials to discuss reports of religious freedom abuses. Embassy officials, including the Ambassador, engaged with members of parliament and politicians from the ruling and opposition parties on the CAA. They emphasized the importance the United States attaches to religious freedom and the responsibility of democracies to ensure the rights of religious minorities. Among the issues discussed were the Muslim community’s concerns about the CAA, difficulties faced by faith-based NGOs in the wake of amendments to the FCRA, and allegations that Muslims spread the COVID-19 virus.
Embassy and consulate officials met with political leaders from religious minorities, NGOs, civil society members, academics, and interfaith leaders to discuss the concerns of religious minorities and reports of religious persecution and religiously motivated attacks. Embassy representatives engaged civil rights NGOs, media representatives, interfaith groups, religious leaders, and politicians to discuss their perspectives on the CAA and its continued impact.
Throughout the year, the Ambassador engaged with religious communities, including representatives of the Buddhist, Christian, Hindu, Jain, Jewish, Muslim, and Sikh faiths. In May, the Ambassador organized a virtual interfaith dialogue during Ramadan in which he emphasized the importance the U.S. government attached to religious freedom in the country. Members of academia, media commentators on interfaith issues, NGO interfaith activists, and representatives of multiple faiths participated.
In January, a senior official from the Department of State Bureau of South and Central Asian Affairs held a roundtable on religious freedom issues with civil society members in Delhi. Also in January, the U.S. Consul General in Hyderabad hosted an interfaith event at his residence and discussed with representatives of principal faiths the rising trend of religious intolerance in the country and how to confront it. In March, embassy officers met with activists of a Dalit human rights network to discuss the perspectives of Dalits and other marginalized religious communities.
Libya
Executive Summary
The 2011 Constitutional Declaration functions as the interim constitution and states that Islam is the state religion and sharia the principal source of legislation. The activities of non-Muslims remained curtailed by legal prohibitions on the distribution or publication of information aimed at changing the country’s “social structure,” which were used to ban circulation of non-Islamic religious materials, missionary activity, or speech considered “offensive to Muslims.” The criminal code effectively prohibits conversion from Islam, according to scholars and human rights advocates. According to one press report, the Rada Special Deterrence Forces (SDF), a militia nominally aligned with the Government of National Accord (GNA) 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. Human rights activists said freedom of conscience for converts to Christianity, atheists, and Sunni Muslims who deviated from Salafist interpretations of Islam was not respected. Multiple authorities and armed groups vied for influence and territorial control, with little effective exercise of government authority in practice, according to international observers. The GNA did not exercise control over large parts of the country, including in the south and east, where non-GNA entities competed for control over territory and governance by setting up parallel government institutions. 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. Some of these detainees reported they were tortured and otherwise abused.
Some areas of the country, including the eastern part, operated under the influence of the self-styled Libyan National Army (LNA) and LNA-affiliated armed groups. Nonstate actors and militias continued to operate and control territory throughout the country, including in parts of Tripoli and in Benghazi, where there were numerous reports of armed groups restricting religious practices, enforcing compliance with sharia according to their interpretation, and targeting those viewed as violating their standards. According to media reports, elements of the Madkhali Salafist movement affiliated with the LNA continued to crack 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. According to the Christian rights advocacy group Middle East Concern (MEC), 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. Salafist and Islamist groups, some nominally aligned with the GNA, assumed law enforcement functions. One press report stated that in the western part of the country, these elements replaced imams, preachers, and the heads of Awqaf offices with individuals with a more Salafist orientation. U.S.-designated foreign terrorist organizations that included al-Qaida in the Islamic Maghreb (AQIM) and ISIS continued to operate within the country.
According to international media, former Muslims faced intense social and economic pressure to renounce their faith and return to Islam. Sources also reported converts to other religions, as well as atheists and agnostics, faced threats of violence or dismissal from employment and hostility from their families and communities because of their beliefs.
The U.S. Embassy to Libya operated from Tunis, Tunisia; its officials made periodic trips into the country when security conditions permitted. In September, the Ambassador met virtually with members of the country’s Jewish diaspora. The embassy used its social media platforms to draw attention to this exchange and to call for inclusion of and respect for religious minority communities. Other embassy representatives discussed religious freedom on a number of occasions with a variety of local and national leaders. The U.S. government supported international efforts to end the conflict and establish a unified, stable, democratic, and tolerant Libyan state, and continued to raise issues of religious freedom in conversations with authorities, nongovernmental organizations (NGOs), academics, and other human rights advocates.
Section I. Religious Demography
The U.S. government estimates the total population at 6.9 million (midyear 2020 estimate). According to reports by the International Organization for Migration, 12 percent of the population are migrants. Sunni Muslims represent between 90 and 95 percent of the population, Ibadi Muslims account for between 4.5 and 6 percent, and the remainder includes small communities of Christians, Hindus, Baha’is, Ahmadi Muslims, and Buddhists. Many members of the Amazigh ethnic minority are Ibadi Muslims. Nearly all non-Muslim residents in the country are foreigners.
Estimates of the number of Christians in the country vary. According to Open Doors USA’s World Watch List Country Profile, there are 34,500 Christians. In 2015, Open Doors USA estimated 150 to 180 of these were Libyan nationals who converted from Islam.
Foreign Christian communities consist almost exclusively of sub-Saharan African migrants and Filipino foreign workers, with smaller numbers of Egyptian migrants and a small number of other foreign residents of European nationalities. According to Christian groups in Tripoli, most of the Egyptian Christians are Copts. Most Filipino and some sub-Saharan African migrants are Catholic; the Catholic diocese of Tripoli estimates its followers include 5,000 sub-Saharan and 1,500 Filipino individuals. Estimates on the numbers of other Christian groups vary. According to Open Doors USA, these include Anglicans, Greek and Russian Orthodox, and nondenominational Christians.
According to the World Holocaust Remembrance Center Yad Vashem, no Jews reside permanently in the country.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
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.
Government Practices
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.
Section III. Status of Societal Respect for Religious Freedom
The Arab Organization for Human Rights – Libya (AOHRL) continued to report a restrictive social environment for religious freedom throughout the country. This included intense social and economic pressure on former Muslims to return to Islam. NGOs stated Salafist interpretations of sharia continued to contribute to this restrictive environment. Religious minorities said converts to other religions, as well as atheists, agnostics, and other nonreligious persons, faced threats of violence or dismissal from employment and from their families and communities because of their beliefs or lack of belief.
International observers said Christians who converted from Islam practiced their faith in semi-secrecy and faced violence and intense pressure from their families and communities to renounce their faith. Christians said they felt pressure to refrain from missionary activities as a result of security threats and social pressure from the local community, as well as because of legal prohibitions against conversion and missionary activity.
Christian communities continued to exist in Tripoli, where Catholic, Anglican, and Protestant churches operated for foreigners. Christian communities were also present in Misrata, Al-Baida, Benghazi, Tubruq, Sebha, Ghat, Ubari, and Murzuq, among other cities. In some cases, such as in Benghazi, Catholic communities continued to worship in places other than church buildings after ISIS destroyed church properties there in 2015. The Catholic cathedral in Benghazi remained damaged and inaccessible after fighting in 2013-15.
In a poll conducted by a Dubai-based public relations firm in the first three months of the year and involving a team of international experts, 30 percent of the country’s citizens aged 18-24 agreed that religion was “the most important” factor to their personal identity, compared to 41 percent overall of youth polled in the 17 Arab states included in the survey and to 61 percent of youth polled in all of North Africa.
Section IV. U.S. Government Policy and Engagement
Since the 2014 embassy evacuation from Tripoli and suspension of operations there, U.S. diplomats have operated out of Tunis, Tunisia, making periodic trips into the country when security conditions permitted. The U.S. government supported international efforts to end the conflict and to establish a unified, stable, democratic and tolerant Libyan state.
The Ambassador met virtually with members of the country’s Jewish diaspora on September 16. The embassy used its social media platforms to draw attention to this exchange and to call for inclusion of and respect for religious minority communities. Other embassy representatives discussed religious freedom on a number of occasions with a variety of local and national leaders. Embassy officials frequently met with human rights activists, including MEC, the AOHRL, Human Rights Watch, and independent activists and researchers to address religious freedom issues. The embassy also continued to partner with the Ministry of Education to disseminate new civil education curricula for grades four to nine designed to promote inclusivity and tolerance.
Mexico
Executive Summary
The constitution provides all persons the right to religious freedom, including the right to engage in religious ceremonies and acts of worship. The constitution declares the country a secular state. Under the constitution, indigenous communities enjoy a protected legal structure, allowing them some measure of self-governance and to practice their own particular “uses and customs.” The General Directorate for Religious Affairs (DGAR) within the Secretariat of the Interior (SEGOB) continued to work with state and local officials on criminal investigations involving religious groups. During the year, DGAR investigated four cases related to religious freedom at the federal level, compared with seven in 2019. The cases were in the states of Morelos, Chiapas, and Guerrero and mostly involved religious minorities. Government officials and leaders within the Catholic Church continued to state the killings and attacks on Catholic priests and evangelical Protestant pastors reflected high levels of generalized violence throughout the country and not attacks based on religion. According to media reports, in May, an indigenous community in the state of Chiapas expelled six evangelical Protestant families. Local community authorities arrested and jailed the families for not practicing Catholicism, according to the families. In October, media reported that local community leaders drove out 33 evangelical Protestants from a neighborhood of San Cristobal de las Casas, in the state of Chiapas, because they did not adhere to the community’s traditional faith. In July, the Supreme Court of Justice (SCJN) issued a ruling guaranteeing reintegration and protection for a group of indigenous Jehovah’s Witnesses in Tuxpan de Bolanos, Jalisco. According to DGAR, it did not register any new religious associations during the year due to the COVID-19 pandemic.
Because religious leaders are often involved in politics and social activism and are thus more vulnerable to generalized violence, it was difficult to categorize many incidents as being solely based on religious identity. There were two reported killings of evangelical Protestant pastors, and attacks and abductions of priests and pastors continued. Christian Solidarity Worldwide (CSW) reported unidentified individuals killed two religious leaders and kidnapped three others. The Catholic Multimedia Center (CMC) identified the country as the most violent country for priests in Latin America for the 12th year in a row, stating more than two dozen priests were killed over the past decade and emphasizing the ranking reflected the high levels of generalized violence in the country. Some nongovernmental organizations (NGOs) continued to say criminal groups singled out Catholic priests and other religious leaders for their denunciation of criminal activities and because communities viewed them as moral authority figures. According to media, in March, demonstrators in several marches organized for International Women’s Day vandalized church buildings, public structures, and businesses.
Embassy and consulate representatives met regularly with government officials responsible for religious and indigenous affairs at both the federal and state levels. Embassy and consulate human rights officers regularly and repeatedly raised religious freedom and freedom of expression issues with foreign affairs and interior secretariat officials. The Ambassador and a senior embassy official met with religious and civil society leaders during travel throughout the country to highlight the importance of religious freedom and tolerance and to reinforce the U.S. government’s commitment to these issues. In January, the Ambassador visited Colegio Israelita and gave brief remarks at its Holocaust Remembrance Day ceremony. The Ambassador stressed the United States would continue to defend human rights as well as combat anti-Semitism or any other form of hatred. Embassy representatives met with members of religious groups and religiously affiliated NGOs, including the Central Jewish Committee, CMC, and CSW, to discuss the safety of religious workers focusing on humanitarian issues and expressed support for religious tolerance.
Section I. Religious Demography
The U.S. government estimates the total population at 128.6 million (midyear 2020 estimate). According to the Mexican government’s 2020 census, the total population is approximately 126 million. According to the 2020 census, approximately 78 percent of the population identifies as Catholic (compared with 83 percent in 2010); 11 percent as Protestant/Christian Evangelical; and 0.2 percent as other religions, including Judaism, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), and Islam. More than 2.5 percent of the population report practicing a religion not otherwise specified (compared with more than 2 percent in 2010) and nearly 8.1 percent report not practicing any religion (compared with 5 percent in 2010). Some indigenous persons adhere to syncretic religions drawing from indigenous beliefs.
Official statistics based on self-identification during the 2010 census, the most recent available for detailed estimates on religious affiliations, sometimes differ from the membership figures stated by religious groups. Approximately 315,000 individuals identify themselves as members of the Church of Jesus Christ. Church of Jesus Christ officials, however, state their membership is approximately 1.5 million. There are large Protestant communities in the southern states of Chiapas and Tabasco. In Chiapas, evangelical Protestant leaders state nearly half of the state’s 2.4 million inhabitants are members of evangelical groups and other Christians, including Seventh-day Adventists; however, fewer than 5 percent of 2010 census respondents in Chiapas self-identify as evangelical Protestant. There are also small numbers of followers of Luz del Mundo (LLDM), the Old Catholic Church (Veterocatolica), and the Church of Scientology, as well as Anglicans, Lutherans, Methodists, Baha’is, and Buddhists. The 2010 census lists 5,346 Buddhists. According to media reports, there are 1.5 million followers of LLDM. According to a 2015 Autonomous University of Ciudad Juarez report, there are 50,000 Methodists and 30,000 Anglicans in the country. According to the Baha’i Faith Facebook page, there are 12,000 Baha’is, with hundreds coming from small indigenous communities.
An estimated half of the country’s approximately 100,000 Mennonites are concentrated in the state of Chihuahua. According to the 2020 census, the Jewish community totals approximately 58,800 persons, with the vast majority living in Mexico City and the state of Mexico. According to the 2020 census, the Muslim community numbers 7,982 persons. According to SEGOB, nearly half of the country’s Muslims are concentrated in Mexico City and the state of Mexico. There is also an Ahmadi Muslim population of several hundred living in the state of Chiapas, most of whom are converts of ethnic Tzotzil Maya origin.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution states all persons have the right to follow or adopt the religion of their choosing, or not to follow a religion. This freedom includes the right to participate individually or collectively, both in public and in private, in ceremonies, devotions, and acts of worship if they do not constitute an offense otherwise prohibited by law. Article 40 of the constitution declares the country a secular state. Secularism is mentioned in three other articles, including one dedicated to education. Philosophical freedoms of conscience and religion receive equal treatment by the state. Congress may not dictate laws that establish or prohibit any religion. Religious acts of public worship should be held in places of worship. Individuals who conduct religious ceremonies outside of places of worship, which requires a permit, are subject to regulatory law. Active clergy may not hold public office, advocate partisan political views, support political candidates, or publicly oppose the laws or institutions of the state.
To establish a religious association, applicants must certify the church or other religious group observes, practices, propagates, or instructs a religious doctrine or body of religious beliefs; has conducted religious activities in the country for at least five years; has established domicile in the country; and shows sufficient assets to achieve its purpose. Registered associations may freely organize their internal structures and adopt bylaws or rules pertaining to their governance and operations, including the training and appointment of their clergy. They may engage in public worship and celebrate acts for the fulfillment of the association’s purpose lawfully and without profit. They may propagate their doctrine in accordance with applicable regulations and participate in the creation, management, maintenance, and operation of private welfare, educational, and health institutions, provided the institutions are not for profit.
Religious groups are not required to register with DGAR to operate. Registration is required to negotiate contracts, purchase or rent land, apply for official building permits, receive tax exemptions, or hold religious meetings outside of customary places of worship. A religious group registering for the first time may not register online; its representatives must register in person. Religious groups must apply for permits to construct new buildings or convert existing buildings into places of worship. Any religious building constructed after January 27, 1992, is the property of the religious group that built it and is subject to relevant taxes. All religious buildings erected before then are considered part of the national patrimony and owned by the state.
Religious associations must notify the government of their intention to hold a religious meeting outside their licensed place or places of worship. Religious associations may not hold political meetings of any kind or own or operate radio or television stations. Government permission is required for commercial radio or television to transmit religious programming.
The federal government coordinates religious affairs through SEGOB. Within SEGOB, DGAR promotes religious tolerance, conducts conflict mediation, and investigates cases of religious intolerance. If a party presents a dispute based on allegations of religious intolerance, DGAR may mediate a solution. Each of the 32 states has offices responsible for religious affairs. The National Council to Prevent Discrimination (CONAPRED) is an autonomous federal agency responsible for ensuring nondiscrimination and equal opportunity, including for minority religious groups.
The law provides that prisoners receive dignified and equal treatment from prison staff without distinction based on religious preferences.
The constitution requires that public education be secular and not include religious doctrine. Religious groups may operate private schools that teach religion and hold religious ceremonies at their schools. Private schools affiliated with a religious group are open to all students regardless of their religious beliefs. Students in private schools are exempt from participating in religious courses and activities if the students are not affiliated with the school’s religious group. Homeschooling is allowed at the secondary level after completion of schooling at an accredited primary school.
A visa category exists for foreign clergy and religious associates to obtain a temporary resident visa or visitor visa without permission to perform paid religious activities.
The constitution recognizes the right of indigenous communities to autonomy and codifies their right to use their own legal systems for the resolution of conflicts within their communities, while respecting human rights as defined in the constitution and the international treaties to which the country is a signatory. The constitution also protects the right of indigenous leaders to practice their own “uses and customs.” This right of self-governance for indigenous communities sometimes conflicts with other rights provided by the constitution, including freedom of religion, for members of those communities.
The country is a party to the International Covenant on Civil and Political Rights (ICCPR). It claims both an interpretative statement and a reservation relating to freedom of religion in the covenant. Article 18 of the ICCPR states that countries may limit religious freedom only when it is “necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.” The country’s interpretative statement states that religious acts must be performed in places of worship unless granted prior permission and that the education of religious ministers is not officially recognized.
Government Practices
DGAR continued to work with state and local officials to mediate conflicts involving religious intolerance. DGAR investigated four cases related to religious freedom at the federal level during the year, compared with seven in 2019. The cases were in the states of Morelos, Chiapas, and Guerrero. Most of these cases involved religious minorities who stated members of the majority religious community where they lived had deprived them of their rights and basic services, including water and electricity. At year’s end, no updates were available on the cases. According to DGAR, most incidents of religious discrimination should have been filed with the state government because the federal government did not hold jurisdiction. Some NGOs stated municipal and state officials mediated disputes between religious groups, but government officials said this was not official practice. NGOs noted municipal and state officials frequently sided with local leaders at the expense of minority religions. Some groups also said officials rarely pursued legal punishments against offending local leaders, preferring instead to reach informal mediated solutions. According to CSW, informal mediated solutions rarely led to change in the status quo and favored the majority religious group.
During the year, CONAPRED did not receive any complaints of religious discrimination, compared with four in 2019. According to some sources, cases of religious discrimination were often not reported due to lack of awareness of the filing process.
As of September, DGAR listed 9,558 registered religious associations, including an additional 94 groups registered in December 2019. According to DGAR, it did not register any new religious associations during the year due to COVID-19. Registered groups included 9,515 Christian, 12 Buddhist, 10 Jewish, three Islamic, two Hindu, and two International Society for Krishna Consciousness groups as well as 14 new religious expression groups. According to DGAR, new religious expressions groups are philosophical or spiritual communities that might be born of new beliefs or be part of a broader religion; they are on the periphery of traditional religions.
According to media reports, on May 24, the indigenous community of San Jose Puerto Rico, Huixtan, in the state of Chiapas, expelled six evangelical Protestant families. The families said local community authorities arrested and jailed them for not practicing Catholicism. Following their arrests and release, the families abandoned their homes, belongings, and animals.
According to CSW, as of August, community members continued farming in their attempt to appropriate the land of one of four evangelical Protestant families forcibly displaced by community members of Cuamontax, in the state of Hidalgo, in July 2019. On June 15, the UN Special Rapporteur on Freedom of Religion or Belief made an inquiry of the government; on August 12, officials of the Mexican Permanent Mission to the United Nations acknowledged receipt of the inquiry and said they would relay it to relevant offices. As of year’s end, the government had not provided a substantive response.
NGOs and some religious organizations continued to state that several rural and indigenous communities expected residents, regardless of their faith, to participate in and fund traditional community religious gatherings and in some cases, to adhere to the majority religion. According to CSW’s 2020 report, some Protestant minority families from indigenous communities were denied access to crucial utilities, such as water and electricity, and some children were not allowed to attend local schools because their families did not adhere to the majority religion. In the state of Chiapas, 12 Protestants who were detained and then released in 2019 remained without access to water after declining to participate in Catholic festivities.
In July, the SCJN issued a ruling guaranteeing reintegration and protection for a group of indigenous Jehovah’s Witnesses in Tuxpan de Bolanos, in the state of Jalisco. In 2017, community members expelled the Jehovah’s Witnesses for refusing to participate in Catholic community activities. The court decided the affected parties should reintegrate into the territory of their communities and ordered state authorities to guarantee their security. The court also ruled the Jehovah’s Witnesses should be relocated to a different part of the territory and their prior community could continue to deny their “rights and obligations” as community members “as they no longer share an essential element, their religion.” The court ruling restored the Jehovah’s Witnesses’ access to housing and their personal belongings in the territory as well as the ability to make a living. The court also ruled the Jehovah’s Witnesses should be relocated to a different plot of land within the territory because the indigenous community was allowed to exclude the Jehovah’s Witnesses from the rights and obligations they would enjoy as full community members. According to CSW, the SCJN’s ruling was the first to provide protection for indigenous persons whose rights were reportedly abused through an indigenous community’s legally protected “uses and customs.”
According to DGAR, the federal government continued to promote dialogue with religious actors with the goal of ensuring the exercise of religious freedom and resolving conflicts involving religious intolerance. In September 2019, SEGOB launched the National Strategy for the Promotion of Respect and Tolerance of Religious Diversity: We Create Peace. DGAR advanced the three main pillars of the strategy: dialogue, dissemination, and training to promote religious freedom. Through outreach, DGAR encouraged state and municipal directors to act as auxiliaries of DGAR and assist in resolving religious intolerance issues immediately to protect the human rights of minority religious group members. According to Jorge Lee Galindo, deputy director general in SEGOB’s Religious Issues Office, DGAR trained government employees and religious leaders on DGAR’s paperwork process during the year so they could access the services DGAR offers at the municipal and state levels.
Religions for Inclusion, a government-run interfaith working group, held several meetings to discuss gender-based violence, generalized violence, efforts to search for the disappeared, and COVID-19. The group regularly discussed their experiences with religious intolerance or discrimination. CONAPRED established Religions for Inclusion to create institutional dialogue to deepen its understanding of other faiths, build common ground, and coordinate collective action on issues involving shared social concerns. Members of the group included leaders of the Protestant, evangelical Christian, Roman Catholic, Church of Jesus Christ, LLDM, Old Catholic Church (Veterocatolica), Jewish, Muslim, Sikh, Baha’i, Buddhist, and Church of Scientology communities.
Section III. Status of Societal Respect for Religious Freedom
Because religious leaders were often involved in political and social activism, thus often being exposed to generalized violence, it was difficult to categorize many incidents as being based on religious identity. The CMC identified the country as the most violent country for priests in Latin America for the 12th year in a row, stating that over two dozen priests were killed over the past decade and emphasizing the situation reflected the high levels of generalized violence in the country. According to some NGOs and media reports, organized crime groups continued to single out some Catholic priests and other religious leaders and subject them to killings, extortion attempts, death threats, kidnappings, and intimidation, reportedly due to their perceived access to financial resources or their work helping migrants. According to CSW, while the high levels of fear and lack of documentation made it difficult to assess the extent of criminal group harassment of and attacks on religious figures, both Catholic and Protestant leaders said the impact on religious freedom was “alarming.” Also according to CSW, some religious leaders said local and state police labeled the attacks and killings of religious leaders as “common crime,” rather than investigating the cases fully. Federal government officials and Catholic Church authorities continued to state that these incidents were not a result of religious beliefs, but rather were incidents related to the overall security situation and crime. According to NGO sources, criminal elements attacked Catholic priests and other religious figures to create fear in the community and a culture of silence, which allowed their acts, such as drug and weapons trafficking, to continue unhindered.
Multiple NGOs said religious leaders of varied denominations and religions were attacked, kidnapped, and threatened throughout the year, including the killings of two evangelical Christian pastors in two separate incidents. According to CSW, in May, individuals kidnapped a pastor in the state of Guanajuato, whom they killed after they did not receive ransom; no additional details regarding motive were available. According to press reporting, in August, perpetrators of a targeted home invasion killed a female leader of the Christian group New Order in the state of Chihuahua. No motive for the killing was apparent. Members of the New Order condemned the killing and called on the government to stop the violence and protect the community. According to the CMC, in January, a group of assailants kidnapped, tortured, and attempted to kill a Catholic priest, Father Roly Candelario Pina Camacho, in Puebla. Attackers shot him multiple times and abandoned him on the Puebla-Mexico City highway after family members paid a ransom. The priest sought help and survived. In April, Catholic priest Marcelo Perez, based in the state of Chiapas, received death threats by telephone, presumably from a cartel, according to media reports. According to Perez, the caller threatened not only him, but his family and his congregants if he did not “get in line” with the cartel’s demands. According to a church press release, the cartel threatened to massacre worshippers in the church. At year’s end, the CMC did not have record of any Catholic priests killed in the country during the year, compared with one Catholic priest killed in 2019.
According to the CMC, unidentified individuals burglarized, vandalized, and committed acts of violence against churches, with a weekly average of 27 Catholic churches affected throughout the year. Some of the incidents reportedly involved women seeking access to birth control and the legalization of abortion, which the Catholic Church opposes. According to media, on March 9, demonstrators in several marches organized for International Women’s Day vandalized church buildings, public structures, and businesses. The same day, a small group of protesters advocating support for abortion rights threw paint and flammable liquids at Mexico City’s cathedral. Small numbers of Catholic Church supporters tried to protect the cathedral. Protesters also vandalized Catholic churches in the states of Xalapa, Campeche, and Hermosillo.
Jewish community representatives assessed online anti-Semitic messages, symbols, and language from January through September 17, finding Twitter accounted for 69 percent of the anti-Semitic content, news sources 18 percent, online forums 8 percent, and blogs 4.5 percent. Anti-Semitic tweets typically referenced the Holocaust and Hitler, used other derogatory language, and questioned Israel’s right to exist.
In September, Volkswagen apologized after a customer visiting one of its showrooms tweeted a photograph of a World War II Nazi rally being addressed by Adolf Hitler, replete with a large swastika, hanging on the showroom’s walls. The tweet quickly went viral. The customer had photographed the image during a visit to the showroom, located in Coyoacan Municipality near Mexico City. In a letter to Steffen Reiche, the president of Volkswagen’s operations in Mexico, the Simon Wiesenthal Centre urged the company to cut ties with the dealership where the Nazi imagery was displayed. “We expect you to immediately identify those responsible and publicly announce the action you will take. The most appropriate would be to drop the concession completely to pass a clear message to your customers that you have learned from your history,” the letter stated.
In February, the Pew Research Center published findings on attitudes towards democratic principles, such as regular elections, free speech, and free civil society, as well as religious freedom, in 34 countries, based on interviews it conducted in its Spring 2019 Global Attitudes Survey. According to the findings, 52 percent of Mexican respondents considered religious freedom to be “very important,” ranking it second of their priorities for democratic principles among the nine tested.
Religions for Peace, an interreligious working group, continued to be active in the country, conducting interfaith roundtables and outreach events. Member groups included the Jewish Communities of Mexico, Buddhist Community of Mexico, Sufi Yerrahi Community of Mexico, Sikh Dharma Community of Mexico, Anglican Church, Lutheran Church, and the Church of Jesus Christ.
Section IV. U.S. Government Policy and Engagement
Embassy and consulate representatives met regularly with government officials responsible for religious and indigenous affairs at both the federal and state levels. Embassy and consulate human rights officers regularly and repeatedly raised these issues with foreign affairs and interior secretariat officials. U.S. officials raised concerns regarding the continued harassment of religious leaders and abuses against religious minorities, especially evangelical Protestants, by religious majority groups and local authorities.
The Ambassador and a senior embassy official met with religious and civil society leaders during travel throughout the country to reinforce the U.S. government’s commitment to religious freedom. In January, a senior embassy officer met with the president of the Central Committee of the Jewish Community in Mexico and expressed appreciation for the committee’s work on anti-Semitism. In August, the Ambassador spoke to leaders of the Central Committee of the Jewish Community in Mexico and learned more about the community’s response to COVID-19. In October, the Ambassador visited the Jewish Documentation and Investigation Center, where he highlighted the importance of religious freedom and tolerance.
In January, the Ambassador visited Colegio Israelita (Israelite School), a private kindergarten to 12th grade Jewish school in Mexico City, and gave brief remarks at its Holocaust Remembrance Day ceremony. The Ambassador stressed the United States will continue to defend human rights as well as combat anti-Semitism or any other form of hatred.
Embassy representatives met with members of religious groups and religiously affiliated NGOs, including the Central Jewish Committee, CMC, and CSW, to discuss the safety of religious workers focusing on humanitarian issues, assess the status of religious freedom, and express support for religious tolerance.
Nepal
Executive Summary
The constitution establishes the country as a “secular state” but defines secularism as “protection of the age-old religion and culture and religious and cultural freedom.” It provides for the right to profess and practice one’s own religion. The constitution prohibits converting persons from one religion to another and prohibits religious behavior disturbing public order or contrary to public health, decency, and morality. The law prohibits both proselytism and “harming the religious sentiment” of any caste, ethnic community, or class. The law does not provide for registration or official recognition of religious organizations as religious institutions, except for Buddhist monasteries. All other religious groups must register as nongovernmental organizations (NGOs) or nonprofit organizations to own property or operate legally. One man was killed by police in August in a confrontation with the Muslim community over cow slaughter. In September, police and protestors clashed in Lalitpur District when the government tried to prevent the celebration of a local religious holiday due to the COVID-19 restrictions. Officials arrested several pastors for violating the COVID-19 lockdown, including one who was arrested while sending parishioners home from their church. Another pastor was arrested, first for providing what the government said was misinformation about COVID-19, released on bail, and then arrested twice more for seeking to convert Hindus to Christianity. Police arrested seven Jehovah’s Witnesses during the year for proselytizing, including two U.S. citizens, who were released on bail and were awaiting trial as of the end of the year. In several locations, police arrested individuals accused of slaughtering cows or oxen. Tibetan community leaders said government authorities generally permitted them to celebrate most Buddhist holidays in private ceremonies but prohibited the public celebration of the Dalai Lama’s birthday and continued to drastically curtail their ability to hold public celebrations. During the year, police surveillance of Tibetans remained high. Authorities cited the pandemic in restricting public ceremonies and gatherings while maintaining, and in some cases increasing, prepandemic levels of security personnel and scrutiny of Tibetan cultural and religious celebrations, particularly those involving the Dalai Lama. Christian religious leaders expressed concern about the anti-Christian sentiment of the Hindu nationalist Rastriya Prajatantra Party (RPP), which seeks to reestablish the country as a Hindu state. Christian groups continued to report difficulties registering or operating as NGOs. The government again did not recognize Christmas or Eid al-Adha as public holidays, but allowed Christians and Muslims time off from work to celebrate and continued to recognize Buddha’s birthday as a public holiday. Christian and Muslim groups said they continued to face difficulties in buying or using land for burials.
In August, assailants shot and killed a Hindu priest on temple grounds in southern Nepal in an attack that some sources stated was religiously motivated. Police arrested and charged two suspects and stated they were seeking three others in connection with the case. In September, a clash between Hindus and Muslims in a southern district left more than a dozen people injured. Christian leaders said that a Hindu activist openly threatened Christians on a television interview in January. Catholic and Protestant sources stated that threats of violence against Christians on social media had increased. Local media again published occasional reports of alleged harmful practices by religious minorities that were disputed by local authorities, witnesses, and media. According to NGOs, Hindu priests and other “high-caste” individuals continued to prevent persons of “lower” castes, particularly Dalits, from accessing Hindu temples and performing religious rites. There were incidents of vandalism against a church and a mosque, characterized by sources as minor and which were addressed by authorities.
Throughout the year, the Ambassador, U.S. embassy officers, and visiting U.S. government representatives met with government officials to express concern over restrictions on freedom of religion posed by provisions in the constitution and the criminal code, including the continued criminalization of converting others and proselytizing. They also met with representatives of civil society groups and religious groups to discuss concerns about access to burial grounds, public celebrations of religious holidays, the prohibition against “forced or induced” conversion, and verbal attacks on Christian communities by Hindu politicians. The embassy used social media to communicate religious freedom messages, highlight the country’s religious diversity, and promote respect and tolerance. Following the arrests of U.S. citizens on proselytizing charges, embassy officers spoke with the detainees, their lawyer, and police. Embassy outreach and assistance programs continued to promote religious diversity and tolerance.
Section I. Religious Demography
The U.S. government estimates the total population at 30.3 million (midyear 2020 estimate). According to the 2011 census, the most recent, Hindus constitute 81.3 percent of the population, Buddhists 9 percent, Muslims (the vast majority of whom are Sunni) 4.4 percent, and Christians (a large majority Protestant and a minority Roman Catholic) 1.4 percent. Other groups, which together constitute less than 5 percent of the population, include Kirats (an indigenous religion with Hindu influence), animists, adherents of Bon (a Tibetan religious tradition), Jains, Baha’is, and Sikhs. According to some Muslim leaders, Muslims constitute at least 5.5 percent of the population, mostly concentrated in the south. According to some Christian groups, Christians constitute 3 to 5 percent of the population. Many individuals adhere to a syncretic faith encompassing elements of Hinduism, Buddhism, and traditional folk practices, according to scholars.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution declares the country to be a secular state but defines secularism as “protection of the age-old religion and culture and religious and cultural freedom.” The constitution stipulates every person has the right to profess, practice, and protect his or her religion. While exercising this right, the constitution bans individuals from engaging in any acts “contrary to public health, decency, and morality” or that “disturb the public law and order situation.” It also prohibits converting “another person from one religion to another or any act or conduct that may jeopardize other’s religion,” and states that violations are punishable by law.
The criminal code sets five years’ imprisonment as the punishment for converting, or encouraging the conversion of, another person via coercion or inducement (which officials commonly refer to as “forced conversion”) or for engaging in any act, including the propagating of religion, that undermines the religion, faith, or belief of any caste or ethnic group. It stipulates a fine of up to 50,000 Nepali rupees ($430) and subjects foreign nationals convicted of these crimes to deportation. The criminal code also imposes punishments of up to two years’ imprisonment and a fine of up to 20,000 rupees ($170) for “harming the religious sentiment” of any caste, ethnic community, or class, either in speech or in writing.
The law does not provide for registration or official recognition of religious organizations as religious institutions, except for Buddhist monasteries. It is not mandatory for Buddhist monasteries to register with the government, although doing so is a prerequisite for receiving government funding for maintenance of facilities, skills training for monks, and study tours. A monastery development committee under the Ministry of Culture, Tourism, and Civil Aviation oversees the registration process. Requirements for registration include providing a recommendation from a local government body, information on the members of the monastery’s management committee, a land ownership certificate, and photographs of the premises.
Except for Buddhist monasteries, all religious groups must register as NGOs or nonprofit organizations to own land or other property, operate legally as institutions, or gain eligibility for public service-related government grants and partnerships. Religious organizations follow the same registration process as other NGOs and nonprofit organizations, including preparing a constitution and furnishing information on the organization’s objectives as well as details on its executive committee members. To renew the registration, which must be completed annually, organizations must submit annual financial audits and activity progress reports.
The law prohibits the killing or harming of cattle. Violators are subject to a maximum sentence of three years in prison for killing cattle and six months’ imprisonment and a fine of up to 50,000 rupees ($430) for harming cattle.
The law requires the government to provide protection for religious groups carrying out funeral rites in the exercise of their constitutional right to practice their religion, but it also states the government is not obligated to provide land grants for this purpose. There is no law specifically addressing the funeral practices of religious groups.
The constitution establishes the government’s authority to “make laws to operate and protect a religious place or religious trust and to manage trust property and regulate land management.”
The law does not require religiously affiliated schools to register, but Hindu, Buddhist, and Islamic religious schools must register as religious educational institutions with local district education offices (under the Ministry of Education, Science, and Technology) and supply information about their funding sources to receive funding at the same levels as nonreligious public/community schools. Religious public/community schools follow the same registration procedure as nonreligious public/community schools. Catholic and Protestant groups must register as NGOs to operate private schools. The law does not allow Christian schools to register as public/community schools, and they are not eligible for government funding. Hindu, Buddhist, and Muslim groups may also register as NGOs to operate private schools, but they too are not eligible to receive government funding.
The law criminalizes acts of caste-based discrimination in places of worship. Penalties for violations are three months’ to three years’ imprisonment and a fine of 50,000 to 200,000 rupees ($430 to $1,700).
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
According to members of civil society groups, on August 27, one man was killed by police in Jhapa during a confrontation between police and the Muslim community after two persons were arrested for slaughtering cows.
Police clashed with approximately 1,000 protestors on September 3 when they gathered in Lalitpur District to celebrate the Buddhist festival of Rato Machindranath in contravention of the government’s COVID-19 restrictions against festivals, large gatherings, or any nonessential activities. According to media reports, the crowd began to throw rocks and debris and to fire slingshots when police tried to stop them from pulling a five-story high ceremonial chariot through the streets. Approximately 650 Nepal Police and Armed Police Force officers responded with water cannons and tear gas and arrested nine protestors. The two sides clashed for four hours until community leaders and the Lalitpur Chief District Officer agreed on a compromise. District authorities imposed a day-long curfew enforced by armed police on September 5, the first unrest-related curfew in the Kathmandu Valley since November 2009.
On March 23, according to media reports and religious groups, police in Pokhara arrested Christian preacher Keshav Raj Acharya for spreading misinformation about COVID-19. A February 21 YouTube video showed Acharya praying to “damn” the virus and stating that those who follow Christ would not become infected. The Kaski District Administration Office released Acharya with a 5,000-rupee ($43) fine for the COVID-19 related charges, but police kept him in jail and subsequently charged him with religious conversion and offending religious sensibilities. On April 19, the administration office set bail for these charges at 500,000 rupees ($4,300). On May 13, when Acharya was released on bail, he was immediately rearrested at the courthouse and transferred 400 miles to Dolpa District to face additional charges of religious conversion. On June 30, Acharya was released on 300,000 rupees bail ($2,600). Multiple religious groups stated that local police prejudice continued to factor heavily in the selective enforcement of the vague criminal code provision against “forced conversion.” In a July 18 letter to Nepal’s Attorney General, the International Religious Freedom Roundtable described Acharya’s arrest as “arbitrary” and “discriminatory” and called for charges against him to be dropped.
According to media reports, police arrested two pastors on March 28, charging them with holding worship services in violation of COVID-19 restrictions. In the first case, Pastor Mohan Gurung was arrested in the Surkhet District of Karnali Province while he was talking with family members and assistant pastors who lived on church property with him. Gurung said “police jumped over the church gate, barged inside the premises, and accused [him] of holding a worship service” while he “was having family time, chatting, and studying the Bible.” In the second case, Pastor Prem Bahadur Bishwakarma was arrested in his church building, also in Surkhet District, while telling members of his congregation not to gather because of pandemic restrictions and showing them pictures depicting COVID-19 health precautions. Bahadur told the media that police officers using lathis (clubs) “charged at us” before arresting him. The two pastors were charged with violating the lockdown, disturbing the peace, and putting public health at risk. Both were released on bail on March 29.
According to a Christian news portal, in February, the government deported two Japanese and three Taiwanese individuals for spreading Christianity on tourist visas. The local NGO INSEC (Informal Sector Service Center) stated that four Japanese and two Taiwanese were transferred to the Department of Immigration in Kathmandu in late February, but it could not confirm their deportations.
According to civil society sources, during the year police arrested seven Jehovah’s Witnesses on two separate occasions in Pokhara for proselytizing. Two were U.S. citizens and five were Nepali citizens. The Nepali citizens were arrested on February 1 and released February 27 on 200,000 rupees ($1,700) bail per person. The U.S. citizens were arrested on March 17 and charged with religious conversion while they were visiting the house of friends, who were also Jehovah’s Witnesses. They were detained in police custody pending investigation for 11 days. On March 27, police released them due to COVID-19 protocols on 230,000 rupees ($2,000) bail each. On April 24, police recalled them and detained them until April 26, when the district court released them on an additional 200,000 rupees ($1,700) bail each, pending trial. The original 230,000 rupee bail was refunded to the U.S. citizens after they paid the second bail. As of the end of the year, their case was pending in Kaski District Court.
According to the Society for Humanism Nepal, 35 individuals were arrested for cow slaughter in nine separate incidents through October. These arrests took place in eight different districts throughout the country.
The government continued deepened restrictions on Tibetans’ ability to publicly celebrate the Dalai Lama’s birthday on July 6, stating the religious celebrations represented “anti-China” activities. Although authorities allowed small private celebrations of the Dalai Lama’s birthday in July, security personnel around these events outnumbered the Tibetan attendees. Similarly, Tibetans could only conduct other ceremonies with cultural and religious significance in private, such as Losar, the Tibetan New Year, and World Peace Day, which commemorates the Dalai Lama receiving the Nobel Peace Prize.
Tibetan leaders urged Tibetans to respect government-imposed restrictions on public gatherings to combat the spread of COVID-19 by celebrating days of religious significance in private. Tibetan leaders organized small “official” commemorations of these occasions, which were subjected to heightened scrutiny from security personnel despite compliance with government-imposed COVID-19 restrictions. Civil society organizations said this scrutiny was the result of the government’s policy to treat all religious programs associated with the Dalai Lama as constituting “anti-China activities.”
Abbots of Buddhist monasteries reported that monasteries and their related social welfare projects generally continued to operate without government interference, but they and other monks said police surveillance and questioning increased significantly during the year. Police continued to gather information from a 2019 circular sent to Tibetan institutes about Tibetan refugees studying in monasteries and nunneries. Tibetan Buddhist business owners also reported what they termed unwarranted police questioning about religious and social affiliations in their businesses and homes.
Human rights lawyers and leaders of religious minorities continued to express concern that the constitution’s and criminal code’s conversion bans could make religious minorities subject to legal prosecution for actions carried out in the normal course of their religious practices, and also vulnerable to prosecution for preaching, public displays of faith, and distribution of religious materials in contravention of constitutional assurances of freedom of speech and expression.
Human rights experts continued to express concern that a provision in the criminal code prohibiting speech or writing harmful to others’ religious sentiments could be misused to settle personal scores or target religious minorities arbitrarily. According to numerous civil society and international community legal experts, some provisions in the law restricting conversion could be invoked against a wide range of expressions of religion or belief, including the charitable activities of religious groups or merely speaking about one’s faith. Media and academic analysts continued to state that discussions on prohibiting conversion had entered into religious spheres in the country and that those seeking political advantage manipulated the issue, prompting religious groups to restrict some activities.
According to legal experts and leaders of religious minority groups, the constitutional language on protecting the “age-old religion” and the prohibition on conversion was intended by the drafters to mandate the protection of Hinduism. Christian religious leaders continued to state that the emphasis of politicians in the RPP on re-establishing the country as a Hindu state continued to negatively affect public perception of Christians and Christianity. The RPP currently holds one seat in Parliament and civil society sources stated that it uses anti-Christian sentiment to garner populist support. (The country was a Hindu monarchy until 2007, when the interim constitution established a secular democracy.)
Leaders of the RPP outside of Parliament continued their calls for the reestablishment of Hindu statehood and advocated strong legal action against those accused of killing cows. Kamal Thapa, chairman of the RPP, tweeted praise for the Prime Minister’s efforts to control conversion, criticized the government for not doing more, and likened conversion to an epidemic. Civil society leaders said pressure from India’s ruling party, the Bharatiya Janata Party (BJP), and other Hindu groups in India continued to push politicians in Nepal, particularly from the RPP, to support reversion to a Hindu state.
Civil society leaders said what they characterized as right-wing religious groups associated with the BJP in India continued to provide money to influential politicians of all parties to advocate for Hindu statehood. According to NGOs and Christian leaders, small numbers of Hindutva (Hindu nationalist) supporters were endeavoring to create an unfriendly environment for Christians on social media and occasionally at small political rallies and encouraging “upper-caste” Hindus to enforce caste-based discrimination.
Religious leaders said the requirement for NGOs to register annually with local government authorities placed their organizations at political risk, and one source reported their religious group was denied reregistration. Christian leaders expressed fears that changing obligations could potentially limit the establishment of churches, which must be registered as NGOs.
As in recent years, the government did not recognize Christmas as a public holiday. The government, however, allowed Christians and Muslims time off from work to celebrate major holidays such as Christmas and Eid al-Adha, and continued to recognize Buddha’s birthday as public holiday.
Christian leaders said the government-funded Pashupati Area Development Trust continued to prevent Christian burials in a common cemetery behind the Pashupati Hindu Temple in Kathmandu while allowing burials of individuals from other non-Hindu indigenous faiths. According to Christian leaders, the government continued its inconsistent enforcement of a court ruling requiring protection of congregations carrying out burials. Protestant churches continued to report difficulties gaining access to land they bought several years prior for burials in the Kathmandu Valley under the names of individual church members. According to the churches, local communities continued to oppose burial by groups perceived to be outsiders but were more open to burials conducted by Christian members of their own communities. As a result, they reported, some Protestants in the Kathmandu Valley continued to travel to the countryside to conduct burials in unpopulated areas.
Catholic leaders reported that despite their general preference for burials, almost all Catholic parishioners continued to choose cremation due to past difficulties with burials. Many Christian communities outside the Kathmandu Valley said they continued to be able to buy land for cemeteries, conduct burials in public forests, or use land belonging to indigenous communities for burials. They also said they continued to be able to use public land for this purpose.
Muslim groups stated Muslim individuals in the Kathmandu Valley continued to be able to buy land for cemeteries but said they sometimes faced opposition from local communities.
According to Hindu, Buddhist, and Muslim groups, the government continued to permit them to establish and operate their own community schools. The government provided the same level of funding for both registered religious schools and public schools, but private Christian schools were not legally able to register as community schools. Although religious education is not part of the curriculum in public schools, some public schools displayed a statue of Saraswati, the Hindu goddess of learning, on their grounds.
According to the Center for Education and Human Resource Development (previously the Department of Education), which is under the Ministry of Education, Science, and Technology, the number of gumbas (Buddhist centers of learning) registered rose from 111 in 2019 to 114. The department had 104 gurukhuls (Hindu centers of learning) registered during the year, up one from 2019.
According to the Center for Education and Human Resource Development, 911 madrassahs were registered with district education offices, representing an increase of four from the previous year. Some Muslim leaders stated that as many as 2,500 to 3,000 full-time madrassahs continued to be unregistered. They again expressed apprehension that some unregistered madrassahs were promoting the spread of less tolerant interpretations of Islam. According to religious leaders, many madrassahs, as well as full-time Buddhist and Hindu schools, continued to operate as unregistered entities because school operators hoped to avoid government auditing and having to use the Center for Education and Human Resource Development’s established curriculum. They said some school operators also wished to avoid the registration process, which they characterized as cumbersome.
Many foreign Christian organizations had direct ties to local churches and continued to sponsor clergy for religious training abroad.
Section III. Status of Societal Respect for Religious Freedom
On August 19, assailants shot and killed a 65-year-old Hindu priest on the premises of Hanuman Temple, located in Rautahat District in the southern part of the country. The police arrested two individuals and registered charges against them on August 23. At year’s end, the case was pending in district court and three additional suspects remained at large. Prior to investigation, the attack was portrayed on social media as religiously motivated, with commenters accusing Muslims, although the individuals later arrested were not Muslim. Comments on social media criticized the Chief Minister of Province 2, who is Muslim, and Mohna Ansari of the National Human Rights Commission for failing to speak publicly about the incident.
Authorities reported no change in the 2016 case in which Banke District police filed charges against 29 individuals accused of participating in Hindu-Muslim clashes that led to the killing of two Muslims. The suspects were later released on bail and the District Administration Office provided each victim’s family 1,000,000 rupees ($8,500) in compensation in 2017. The case remained pending in the Banke district court, but a leader from the Muslim community stated he did not expect justice for the victims’ families.
A violent clash erupted in Sarlahi District in the south when a Hindu procession carrying an idol of the god Bishwakarma passed through a Muslim community on September 18, which some Muslim commenters said they believed was a deliberate provocation – an allegation the Hindu community denied. According to media reports, the procession planned to immerse the idol in a lake located near a mosque. Members of the Muslim community tried to stop the procession, which was accompanied by a tractor and DJ playing music. The dispute escalated and people began throwing stones at one another, leaving over a dozen injured. Police used tear gas to regain control of the situation, and the district administration office imposed an 18-hour curfew to prevent further clashes.
Some leaders of religious minority groups stated that some converts to other religions, including Hindus who had converted to Christianity, remained willing and able to state publicly their new religious affiliation. Some Christian leaders, however, reported that some converts to Christianity tried to conceal their faith from their families and local communities, mainly in areas outside Kathmandu.
Christian leaders said Manoj Sapkota, a Hindu activist affiliated with Shiva Sena, openly threatened Christians on a television interview in January. They also stated that Hindu activist Abhishek Joshi openly threatened the Christian community in several television interviews.
According to Catholic and Protestant sources, social media was increasingly used to spread threats of violence against Christians. Several sources noted a rise in anti-Christian propaganda and divisive religious content on social media due to the COVID-19 lockdown. When a song against Bahun and Chettri (two “high” Hindu castes) was placed on social media, Christians were blamed. Some civil society organizations stated that Pastor Sukdev Giri of the Trinity Fellowship Church in Chitwan District continued to receive insults and threatening messages through social media.
Some Muslim leaders continued not to accept converts to Islam, saying it would violate the law according to their interpretation. Instead, they continued to recommend that individuals who sought to convert travel to India to do so.
Local media again published occasional reports of alleged harmful practices by religious minorities that were disputed by local authorities, witnesses, and media. After a disproportionate number of Muslims were among the first to test positive for COVID-19, Muslim leaders stated that some journalists and media outlets tried to use COVID-19 fears to fuel anti-Muslim sentiment and communal unrest. These included allegations that Tablighi Jamaat missionaries and other members of the Muslim community were deliberately spreading COVID-19. The Ministry of Health tested members of the Muslim community for COVID-19, and the government worked with Muslim leaders to curb the spread of misinformation.
A Christian religious leader said there were no news reports of social disturbances in rural areas caused by the spread of Christianity, as there had been in previous years. Multiple Christian sources said that inflammatory material migrated to social media, since there were very few public activities that could trigger disturbances due to COVID-19 restrictions.
According to NGOs, Hindu priests and “high-caste” residents continued to prevent Dalits, as members of a “lower” caste, from entering temples and sometimes prevented them from performing religious rites and participating in religious festivals. A provincial assembly member and local residents of Pokhara in Gandaki Province denied mourning rituals to Dalits in a public facility. The court case against perpetrators of the 2017 attack on a Dalit man for entering a temple in Saptari District remained pending as of December. A representative from a Dalit rights organization stated that the Dalit community did not expect justice to be served in this case, as impunity continued in many cases of Dalit rights violations.
Christian sources reported one incident of vandalism against a church in Dhading District in August. The incident was minor, according to the sources, and was quickly mediated at the local level. In October, Madani Mosque in Sundhara, Kathmandu, was vandalized with a bulldozer in a land dispute. Police arrested and later released the bulldozer driver and the individual claiming ownership of the land (which sources stated is owned by the government) but investigated the incident. The government determined that the land claim was fraudulent and as of the end of the year was in the process of returning it to the mosque. Madina Mosque in Bhairahawa, Rupandehi District, was also vandalized in October. Individuals on a motorbike threw a stone at a window, causing minor damage. Police promised the local community that they would investigate.
Section IV. U.S. Government Policy and Engagement
Throughout the year, the Ambassador, embassy officers, and visiting U.S. government representatives expressed concerns to senior government officials and political leaders about restrictions on freedom of religion, including the rights to convert and to proselytize, posed by provisions in the constitution and the criminal code. They repeatedly emphasized to government officials working in law enforcement, immigration, and foreign affairs the importance of bringing legislation and practice into concordance with the country’s constitutional and international obligations. Embassy officers worked with legal advocates and rights groups to ensure the safety of U.S. citizens threatened by the criminal code and continued to highlight how anticonversion laws could be used to arbitrarily restrict the right to the freedoms of religion and expression. Following the arrests of U.S. citizens on proselytizing charges, embassy officers spoke with the detainees, their lawyers, and police to ensure they were being treated fairly and in accordance with the law. Embassy officers and visiting senior U.S. government officials raised concerns with government officials about the government’s restrictions on Tibetan Buddhists conducting peaceful religious activities, including celebrations of Losar (Tibetan New Year), the Dalai Lama’s birthday, and World Peace Day.
The Charge d’Affaires and a senior embassy officer led a group of 10 embassy participants to the February 26 Tibetan Losar celebration hosted by the Tibetan Refugee Welfare Office at the Boudha Settlement Community Hall in Kathmandu. The Ambassadors from Australia, the European Union, and Switzerland and officials from the French and German embassies also joined. For the first time since 2008, the event was held outdoors. Plainclothes police were present and attendance was lower than in prior years.
Throughout the year, embassy officers and other U.S. government representatives discussed with civil society members and religious groups their concerns about arrests, access to burial grounds, public celebration of religious holidays, the prohibition against religious conversion, and verbal attacks on Christian communities by Hindu politicians.
The embassy used social media to communicate religious freedom messages, highlight the country’s religious diversity, and promote respect and tolerance. Although COVID-19 restricted the ability to attend many religious events in person, the Ambassador used social media to highlight and revisit past engagements in order to communicate U.S. continued support for religious freedom. Embassy officers frequently addressed religious diversity and tolerance using virtual platforms such as Facebook and Twitter.
The embassy continued to provide financial assistance for the preservation and restoration of religious sites, including Buddhist stupas (shrines) and monasteries as well as several Hindu temples, and continued to promote religious tolerance in a program for underprivileged youth, including Muslim and Tibetan refugees, in Kathmandu.
Pakistan
Executive Summary
The constitution establishes Islam as the state religion and requires all provisions of the law to be consistent with Islam. The constitution states, “Subject to law, public order, and morality, every citizen shall have the right to profess, practice, and propagate his religion.” It also states, “A person of the Qadiani group or the Lahori group (who call themselves Ahmadis) is a non-Muslim.” The courts continued to enforce blasphemy laws, punishment for which ranges up to the death penalty. According to civil society reports, there were many individuals imprisoned on blasphemy charges, at least 35 of whom had received death sentences, as compared with 82 individuals imprisoned on blasphemy charges and 29 who received death sentences in 2019. According to the Center for Social Justice, a national nongovernmental organization (NGO), at least 199 individuals were accused of blasphemy offenses, a significant increase over 2019 and the highest number of blasphemy cases in a single year in the country’s history. The accused were mostly Shia (70 percent of cases) and Ahmadi Muslims (20 percent of cases). Other NGOs corroborated that 2020 had seen an increase in blasphemy cases. The Human Rights Commission of Pakistan (HRCP), a national NGO, expressed concern over a surge in blasphemy cases against religious minorities, particularly the Shia community, and the continued potential for sectarian violence. It stated that more than 40 cases against religious minorities were registered under the blasphemy laws in August alone. In October, the Lahore High Court acquitted a Christian of blasphemy, the first such ruling since 2018. The court acquitted a second Christian in December. Ahmadiyya Muslim community leaders continued to report they were affected by discriminatory and ambiguous legislation and court judgments that denied them basic rights, including a 2018 Islamabad High Court judgment that some government agencies continued to use to deny national identification cards to Ahmadi Muslims. In May, the Cabinet approved a proposal creating a National Commission for Minorities within the Ministry of Religious Affairs. Religious freedom activists and civil society groups said the proposal was “toothless” and raised concerns regarding the ministry’s lack of public consultation, the limited powers of the proposed body, and the fact that Ahmadi Muslims were excluded. The government of Punjab, the country’s largest province, passed a series of measures against Ahmadi Muslim beliefs. Throughout the year, some government officials and politicians engaged in anti-Ahmadi rhetoric and attended events that Ahmadi Muslims said incited violence against members of their community. Following the July killing of U.S. citizen and self-identified Ahmadi Muslim Tahir Naseem, who was standing trial for blasphemy charges, some political party leaders celebrated the killer’s actions. In December, using expanded authorities granted by the government in November, the Pakistani Telecommunications Authority publicly demanded the removal of “sacrilegious” content from the Google Play Store and Wikipedia. NGOs expressed concern that authorities often failed to intervene in instances of societal violence against religious minorities due to fear of retaliation, inadequate staff, or apathy. Perpetrators of societal violence and abuses against religious minorities often faced no legal consequences due to a lack of follow-through by law enforcement, bribes offered by the accused, and pressure on victims to drop cases. The government took some measures to protect religious minorities. On January 26, for example, a local court sentenced four boys for vandalizing a Hindu temple in Sindh’s Tharparkar District, the first attack on a Hindu temple in that area in more than 30 years; minority lawmakers and civil society activists reacted strongly to the attack. In July, religious and right-wing parties criticized the government’s plan to permit construction of a new Hindu temple in Islamabad.
Armed sectarian groups, including Lashkar-e-Jhangvi (LeJ), Tehreek-e-Taliban Pakistan (TTP), and the once-banned anti-Shia group Sipah-e-Sahaba Pakistan (SSP), which is connected to other organizations banned by the government as extremist, and groups designated as terrorist organizations by the United States and other governments, continued to stage attacks targeting Shia Muslims, including the predominantly Shia Hazara community. According to the South Asia Terrorism Portal (SATP), however, the number of sectarian attacks and killings by armed groups decreased compared with previous years, corresponding with a continued overall decline in terrorist attacks. The government continued to implement the National Action Plan against terrorism, including countering sectarian hate speech and extremism as well as conducting military and law enforcement operations against violent groups. Multiple civil society groups and faith community leaders stated the government had increased efforts to provide enhanced security at religious minority places of worship, which had been frequent targets of attack in past years. Police and security forces throughout the country enhanced security measures during religious holidays in consultation with religious leaders.
Throughout the year, unidentified individuals targeted and killed Shia Muslims, including ethnic Hazaras, and Ahmadi Muslims in attacks believed to be religiously motivated. There were a series of additional violent incidents targeting Ahmadis following the Tahir Naseem killing in a Peshawar courtroom. An Ahmadi trader in Peshawar was shot near his business on August 12. On October 5, also in Peshawar, Ahmadi professor Naeemuddin Khattak was shot and killed while driving home from work. On November 9, also in Peshawar, unknown gunmen killed an 82-year-old retired government worker who was a member of the Ahmadiyya Muslim community while he was waiting for a bus. The attackers’ relationship to organized terrorist groups was often unclear. Human rights activists reported numerous instances of societal violence related to allegations of blasphemy; of efforts by individuals to coerce religious minorities to convert to Islam; and of societal harassment, discrimination, and threats of violence directed at members of religious minority communities. Sunni groups held three large rallies in Karachi in September, with speakers warning Shia Muslims of dire consequences, including beheadings, if they continued to blaspheme against the Prophet Mohammed’s companions. NGOs expressed concern about what they stated was the increasing frequency of attempts to kidnap, forcibly convert, and forcibly marry young women from religious minority communities, especially young Hindu and Christian women. There continued to be reports of attacks on holy places, cemeteries, and religious symbols of Hindu, Christian, and Ahmadiyya minorities. According to Ahmadi Muslim civil society organizations, the government failed to restrict advertisements or speeches inciting anti-Ahmadi violence, as provided for in the National Action Plan. Civil society groups continued to express concerns about the safety of religious minorities.
Senior Department of State officials, including the Office of International Religious Freedom’s Special Advisor for Religious Minorities, the Charge d’Affaires, consuls general, and other embassy officers met with government officials and senior advisors to the Prime Minister, including the Minister for Human Rights, and officials from the Ministry of Law and Justice, Ministry of Foreign Affairs, Ministry of Interior, Ministry of Federal Education and Professional Training, and Ministry of Religious Affairs and Interfaith Harmony to discuss blasphemy law reform; laws concerning Ahmadi Muslims; the need to better protect members of religious minority communities; sectarian relations; and religious respect. Embassy officers continued to engage civil society leaders, local religious leaders, religious minority representatives, and legal experts in discussing ways to combat intolerance and promote interfaith cooperation to increase religious freedom. Visiting U.S. government officials met with religious minority community representatives, parliamentarians, human rights activists, and members of the federal cabinet to highlight concerns regarding the treatment of religious minority communities, the application of blasphemy laws, and other forms of discrimination on the basis of religion. The embassy highlighted the principles of religious freedom and examples of interfaith dialogue in the United States on its social media platforms throughout the year. U.S. government cultural centers in Khairpur, Hyderabad, and Karachi held events to promote religious freedom. Following the killing of Tahir Naseem, the Department of State issued a statement expressing outrage over the killing and noting that Naseem had been lured from his home in the United States by individuals who used blasphemy laws to entrap him. The statement also called on the government to reform its blasphemy laws and court system and to ensure that the suspect in Naseem’s killing be prosecuted to the full extent of the law. Following the killing of Ahmadi physician Tahir Ahmad in November, the Ambassador at Large for International Religious Freedom posted an official tweet calling upon authorities to ensure the safety of all Pakistanis.
On December 2, the Secretary of State redesignated Pakistan as a “Country of Particular Concern” (CPC) under the International Religious Freedom Act of 1998, as amended, for having engaged in or tolerated particularly severe violations of religious freedom and announced a waiver of the sanctions that accompany designation as required in the important national interests of the United States.
Section I. Religious Demography
The U.S. government estimates the total population at 234.4 million (midyear 2020 estimate). According to the provisional results of a national census conducted in 2017 (the most recent), 96 percent of the population is Sunni or Shia Muslim. According to government figures, the remaining 4 percent includes Ahmadi Muslims (whom national law does not recognize as Muslim); Hindus; Christians, including Roman Catholics, Anglicans and Protestants, among others; Parsis/Zoroastrians; Baha’is; Sikhs; Buddhists; Kalash; and Kihals and Jains.
Sources vary on the precise breakdown of the Muslim population between Sunni and Shia Muslims. Sunnis are generally believed to be 80-85 percent of the Muslim population, and Shia Muslims, including Hazara, Ismaili, and Bohra (a branch of Ismaili), are generally believed to make up 15-20 percent. Unofficial estimates vary widely with regard to the size of minority religious groups. Religious community representatives estimate religious groups not identifying as Sunni, Shia, or Ahmadi Muslim constitute 3 to 5 percent of the population.
According to the 2017 census results, the population is 1.6 percent Hindu, 1.6 percent Christian, 0.2 percent Ahmadi Muslim, and 0.3 percent others, to include Baha’is, Sikhs, and Zoroastrians. Taking into account the Ahmadi boycott of the official census, however, community sources put the number of Ahmadi Muslims at approximately 500,000 to 600,000. Estimates of the Zikri Muslim community, located in Balochistan, range between 500,000 and 800,000 individuals. Several minority rights advocacy groups dispute the provisional results of the 2017 census and state the numbers underrepresent their true population and their political influence, because minority seats in the national and provincial parliaments are allocated based on census figures.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution establishes Islam as the state religion but states, “Subject to law, public order, and morality, every citizen shall have the right to profess, practice, and propagate his religion.” According to the constitution, every citizen has the right to freedom of speech, subject to “reasonable restrictions in the interest of the glory of Islam,” as stipulated in the penal code. According to the penal code, the punishments for persons convicted of blasphemy include the death penalty for “defiling the Prophet Mohammed,” life imprisonment for “defiling, damaging, or desecrating the Quran,” and up to 10 years’ imprisonment for “insulting another’s religious feelings.” Speech or action intended to incite religious hatred is punishable by up to seven years’ imprisonment. Under the 2016 Prevention of Electronic Crimes Act (PECA), the Ministry of Religious Affairs and Interfaith Harmony is responsible for reviewing internet traffic and reporting blasphemous or offensive content to the Pakistan Telecommunications Authority for possible removal or to the Federal Investigative Agency for possible criminal prosecution.
The constitution defines “Muslim” as a person who “believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Mohammed… the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet after Mohammed.” It also states that “a person belonging to the Christian, Hindu, Sikh, Buddhist, or Parsi community, a person of the Qadiani group or the Lahori group (who call themselves Ahmadis), or a Baha’i, and a person belonging to any of the scheduled castes” is a “non-Muslim.”
According to the constitution and the penal code, Ahmadis may not call themselves Muslims or assert they are adherents of Islam. The penal code bans them from “posing as Muslims,” using Islamic terms, carrying out Islamic customs, preaching or propagating their religious beliefs, proselytizing, or “insulting the religious feelings of Muslims.” The punishment for violating these provisions is imprisonment for up to three years and a fine, the amount of which is at the discretion of the sentencing judge.
The penal code does not explicitly criminalize apostasy, but renouncing Islam is widely considered by clerics to be a form of blasphemy, which can carry the death penalty.
The government may use the antiterrorism courts, established as a parallel legal structure under the 1997 Antiterrorism Act, to try cases involving violent crimes, terrorist activities, and acts or speech deemed by the government to foment religious hatred, including blasphemy.
The constitution states no person shall be required to take part in any religious ceremony or attend religious worship relating to a religion other than the person’s own.
The constitution provides for “freedom to manage religious institutions.” It states every religious denomination shall have the right to establish and maintain its own institutions. The constitution states no person shall be compelled to pay any special tax for the propagation or maintenance of a religion other than the person’s own. The government collects a mandatory, automatic 2.5 percent zakat (tax) from Sunni Muslims who hold savings accounts in banks. It distributes the funds through a government-run charity as stipends for poor families and students, payment for medical treatment, and support to Sunni mosques and madrassahs registered with the government. Sunni Muslims who want to distribute zakat themselves may request an exemption, and Shia Muslims are exempted by filling out a declaration of faith form.
The constitution mandates that the government take steps to enable Muslims, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to promote the observance of Islamic moral standards. It directs the state to endeavor to secure the proper organization of Islamic tithes, religious foundations, and places of worship.
The Ministry of Religious Affairs and Interfaith Harmony is responsible for organizing participation in the Hajj and other Islamic religious pilgrimages. Authorities also consult the ministry on matters such as blasphemy and Islamic education. The ministry’s budget covers assistance to indigent minorities, repair of minority places of worship, establishment of minority-run small development projects, celebration of minority religious festivals, and provision of scholarships for religious minority students.
The law prohibits publishing any criticism of Islam or its prophets or insults to others’ religious beliefs. The law bans the sale of Ahmadiyya religious literature.
The provincial and federal governments have legal responsibility for certain minority religious properties abandoned during the 1947 partition of British India.
The constitution states that no person attending any educational institution shall be required to attend religious instruction or take part in any religious ceremony relating to a religion other than the person’s own. It also states that no religious denomination shall be prevented from providing religious instruction for pupils of its denomination in an educational institution maintained by the denomination.
The constitution states the government shall make Islamic studies compulsory for all Muslim students in state-run schools. Although students of other religious groups are not legally required to study Islam, schools do not always offer parallel studies in their own religious beliefs. In some schools, however, non-Muslim students may study ethics. Parents may send children to private schools, including religious schools, at the family’s expense. In Punjab, Sindh, and Khyber Pakhtunkhwa Provinces, private schools are also required to teach Islamic studies and the Quran to Muslim students.
By law, madrassahs are prohibited from teaching or encouraging sectarian or religious hatred or violence. Wafaqs (independent academic boards) register seminaries, regulate curricula, and issue degrees. The five wafaqs each represent major streams of Islamic thought in the country: Barelvi, Deobandi, Shia, Ahle Hadith, and the Jamaat-i-Islami, which is considered ultraconservative. The wafaqs operate through an umbrella group, Ittehad-e-Tanzeemat-e-Madaris Pakistan, to represent their interests to the government. The government requires all madrassahs to register with the Ministry of Education in addition to registration with one of the five wafaqs.
The constitution states, “All existing laws shall be brought into conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah [Islam’s body of traditional social and legal custom and practice].” It further states no law shall be enacted which is “repugnant” to Islam. The constitution states this requirement shall not affect the “personal laws of non-Muslim citizens” or their status as citizens. Some personal laws regulating marriage, divorce, and inheritance for minority communities date from prepartition British legislation.
The constitution establishes a Federal Shariat Court (FSC) composed of Muslim judges to examine and decide whether any law or provision is “repugnant to the injunctions of Islam.” The constitution gives the FSC the power to examine a law of its own accord or at the request of the government or a private citizen. The constitution requires the government to amend the law as directed by the court. The constitution also grants the FSC “revisional jurisdiction” (the power to review of its own accord) over criminal cases in the lower courts relating to certain crimes under the Hudood Ordinance, including rape and those linked to Islamic morality, such as extramarital sex, alcohol use, and gambling. The court may suspend or increase the sentence given by a criminal court in these cases. The FSC’s review power applies whether the cases involve Muslims or non-Muslims. Non-Muslims may not appear before the FSC. If represented by a Muslim lawyer, however, non-Muslims may consult the FSC in other matters, such as questions of sharia or Islamic practice that affect them or violate their rights. By law, decisions of the FSC may be appealed to the Supreme Court’s Shariat Appellate Bench. A full bench of the Supreme Court may grant a further appeal.
The constitution establishes a Council of Islamic Ideology to make recommendations, at the request of the parliament and provincial assemblies, as to “the ways and means of enabling and encouraging Muslims to order their lives in accordance with the principles of Islam.” The constitution further empowers the council to advise the legislative and executive branches when they choose to refer a question to the council as to whether a proposed law is or is not “repugnant to the injunctions of Islam.”
In the absence of specific language in the law authorizing civil or common law marriage, marriage certificates are signed by religious authorities and registered with the local marriage registrar. The province-level Sindh Hindu Marriage Act and the national-level Hindu Marriage Act (applying to federal territory and all other provinces) codify legal mechanisms to formally register and prove the legitimacy of Hindu marriages. In addition to addressing a legal gap by providing documentation needed for identity registration, divorce, and inheritance, the Hindu Marriage Acts allow marriages to be voided when consent “was obtained by force, coercion, or by fraud.” The acts allow for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. The Sindh provincial government has legislation allowing couples to seek divorce and granting Hindu women the right to remarry six months after a divorce or a spouse’s death. The Sindh Hindu Marriage Act also applies to Sikh marriages. The Punjab Sikh Anand Karaj Marriage Act allows local government officials in that province to register marriages between a Sikh man and Sikh woman solemnized by a Sikh Anand Karaj marriage registrar.
Some court judgments have considered the marriage of a non-Muslim woman to a non-Muslim man dissolved if she converts to Islam, although the marriage of a non-Muslim man who converts remains recognized.
The constitution directs the state to “safeguard the legitimate rights and interests of minorities,” to secure the well-being of the people irrespective of creed, and to discourage sectarian prejudices. It forbids discrimination against any religious community in the taxation of religious institutions. The National Commission on Human Rights (NCHR), an independent government-funded agency that reports to parliament, is required to receive petitions, conduct investigations, and request remediation of human rights abuses. The NCHR is also mandated to monitor the government’s implementation of human rights and review and propose legislation. It has quasi-judicial powers and may refer cases for prosecution but does not have arrest authority. A constitutional amendment devolves responsibility for minorities’ affairs, including religious minorities, to the provinces.
According to the constitution, there shall be no discrimination on the basis of religion in appointing individuals to government service, provided they are otherwise qualified. There is a 5 percent minimum quota for hiring religious minorities (primarily Hindus, Christians, Sikhs, Kalash, and Parsis but excluding Shia and Ahmadi Muslims) at the federal and provincial levels of government.
The constitution prohibits discriminatory admission based on religious affiliation to any governmental educational institution. According to regulations, the only factors affecting admission to government schools are students’ grades and home provinces, although students must declare their religious affiliation on application forms. This declaration is also required for private educational institutions, including universities. Students who identify themselves as Muslims must declare in writing they believe Mohammed is the final prophet. Non-Muslims are required to have the head of their local religious communities verify their religious affiliation. There is no provision in the law for atheists.
The National Database and Registration Authority (NADRA) designates religious affiliation on passports and requires religious information in national identity card and passport applications. Those wishing to be listed as Muslims must swear they believe Mohammed is the final prophet and must denounce the Ahmadiyya movement’s founder as a false prophet and his followers as non-Muslim. There is no option to state “no religion.” National identity cards are required for all citizens upon reaching the age of 18. Identification cards are used for voting, pension disbursement, social and financial inclusion programs, and other services.
The constitution requires the President and Prime Minister to be Muslims. All senior officials, including members of parliament, must swear an oath to protect the country’s Islamic identity. The law requires elected Muslim officials to swear an oath affirming their belief that Mohammed is the final prophet of Islam. This requirement effectively prohibits Ahmadi Muslims from holding elected office, as they recognize a prophet subsequent to Mohammed.
The constitution reserves seats for non-Muslim members in both the national and provincial assemblies. The 342-member National Assembly has 10 reserved seats for non-Muslims. The 104-member Senate has four reserved seats for non-Muslims, one from each province. In the provincial assemblies, there are three such reserved seats in Khyber Pakhtunkhwa; eight in Punjab; nine in Sindh; and three in Balochistan. Political parties elected by the general electorate choose the minority individuals who hold these seats; they are not elected directly by the minority constituencies they represent.
The country is party to the International Covenant on Civil and Political Rights (ICCPR), and maintains two reservations: first, that ICCPR Article 3 regarding equal rights of men and women would be “applied as to be in conformity with Personal Law of the citizens and Qanoon-e-Shahadat Order, 1984 (Law of Evidence),” under which the in-court testimony of men in certain civil matters pertaining to contracts and financial obligations is given greater weight than that of women; and second, that ICCPR Article 25, on the equal right for citizens to take part in public service, would be subject to articles of the constitution mandating that the President and Prime Minister be Muslims.
Government Practices
Instances of torture and mistreatment by some police personnel were part of broader human rights concerns about police abuses against citizens of all faiths reported by local and international human rights organizations; some police agencies took steps to curb abuses by incorporating human rights curricula in training programs.
On January 29, an antiterrorism court in Lahore acquitted and ordered the release of 42 individuals accused of participating in the 2015 lynching of two Muslim men in Lahore. The killings took place during protests sparked by twin suicide bombings outside two churches there. The victims, burned to death by an angry mob, were Babar Noman and Hafiz Naeem.
According to civil society reports, there were many individuals imprisoned on blasphemy charges and at least 35 under sentences of death, compared with 82 individuals imprisoned on blasphemy charges and 29 under sentences of death in 2019. The government has never executed anyone specifically for blasphemy. According to data provided by the Center for Social Justice (CSJ), authorities accused at least 199 individuals of new blasphemy offenses during the year. Leaders in other NGOs agreed the actual number of blasphemy cases was likely higher, but uneven reporting and lack of media coverage in many areas made it difficult to identify an exact number. According to the CSJ, 2020 saw the highest number of blasphemy cases in a single year in the country’s history. Other NGOs also said that 2020 had seen an increase in blasphemy cases. Shia and Ahmadi Muslims were the most often accused, accounting respectively for 70 and 20 percent of all cases. Sunni Muslims made up 5 percent of all accused blasphemers, followed by Christians at 3.5 percent, and Hindus at 1 percent.
Courts issued two new death sentences for blasphemy and sentenced another individual to five years’ imprisonment. Other blasphemy cases continued without resolution. At least one individual was accused of spreading blasphemous content through social media under PECA. Civil society groups continued to state that the blasphemy laws disproportionately affected members of religious minority communities. Persons accused of blasphemy were often simultaneously charged with terrorism offenses.
According to NGOs and media reports, individuals convicted and sentenced to death in well-publicized blasphemy cases dating as far back as 2014 – including Nadeem James; Taimoor Raza; Junaid Hafeez; Mubasher, Ghulam, and Ehsan Ahmed; Shafqat Emmanuel; and Shagufta Kausar – remained in prison and continued to await action on their appeals. In all these cases, judges repeatedly delayed hearings, adjourned hearings without hearing arguments, or sent appeals to other judicial benches. Civil society and legal sources said judges were generally hesitant to decide blasphemy cases due to fear of violent retribution.
Human rights groups reported an increase in blasphemy cases and allegations against members of the Shia Muslim community. On September 5, the HRCP expressed concern over the surge in blasphemy cases against religious minorities, particularly the Shia community, and the potential for sectarian violence. The HRCP reported that more than 40 such cases were registered under the blasphemy laws in August alone.
On January 30, police arrested two Shia men in Tando Mohammed Khan, southern Sindh, and charged them with blasphemy. According to police, the content they posted on Facebook insulted the companions of Mohammed, which, they said, infuriated Sunni Muslims.
On April 14, police filed a blasphemy case against Shia singer Zamin Ali in Jamshoro, Sindh. The case was based on the complaint of a local shopkeeper who claimed Zamin Ali’s Facebook page contained a blasphemous song that hurt the religious sentiments of Sunni Muslims. By year’s end, police had dropped the case due to lack of evidence and pressure from activists.
On August 30, police charged Shia cleric Taqqi Jaffar with blasphemy for criticizing Mohammed’s companions during a Karachi Muharram procession. Jaffar made his remarks in Arabic, which were then aired on a popular Karachi news station, 24 News HD. Following complaints by some Sunni groups, the Pakistan Electronic Media Regulatory Authority temporarily suspended 24 News from broadcasting, citing Jaffar’s comments as “hate-inciting content.”
The blasphemy charges against Jaffar were followed by anti-Shia rallies throughout the country and at least three rallies in Karachi by Sunni groups on September 11 and 13 attended by thousands of individuals. Speakers at these rallies warned Shia of dire consequences, including beheadings, if they continued to blaspheme against the Prophet Mohammed’s companions.
On June 10, police arrested Sajid Soomro, a professor at Shah Abdul Latif University, in Khairpur, Sindh, on blasphemy charges. According to eyewitnesses, police officials in at least four police vans cordoned off the area and arrested Soomro, who initially resisted. Subsequently, Arfana Mallah, a professor at Sindh University Jamshoro who criticized Soomro’s arrest and the blasphemy laws, was herself accused of committing blasphemy and had to apologize publicly. Soomro was free on bail at year’s end, but the case was still pending in court.
NGOs, legal observers and religious minority representatives continued to raise concerns regarding the failure of lower courts to adhere to basic evidentiary standards in blasphemy cases, and the slow pace of adjudicating these cases, which led to some suspects remaining in detention for years as they waited their initial trial or appeals, and to some convicted persons spending years in prison before higher courts overturned their convictions and freed them for lack of evidence. According to legal advocacy groups, some lower courts continued to conduct proceedings in an intimidating atmosphere, with members of antiblasphemy groups, such as the Tehreek-i-Labbaik Pakistan (TLP), often threatening the defendants’ attorneys, family members, and supporters. At other times, advocacy groups reported that blasphemy trials were held inside jails for security reasons, in which case the hearings were not public, resulting in a gain in immediate security but a loss of transparency. These observers said the general refusal of lower courts to hold timely hearings or acquit those accused persisted due to fear of reprisal and vigilantism. Legal observers also reported judges and magistrates often delayed or continued trials indefinitely to avoid confrontation with, or violence from, groups provoking protests.
While the law requires a senior police official to investigate any blasphemy charge before a complaint may be filed, a requirement that NGOs and legal observers stated helped contribute to an objective investigation and the dismissal of many blasphemy cases, some NGOs said police did not uniformly follow this procedure. There were some cases in which police received custody of the accused from a court for 14 days for a senior officer to carry out an investigation. At the same time, NGOs reported that sometimes lower-ranking police would file charges of blasphemy, rather than a senior police superintendent who had more authority to dismiss baseless claims, or that police would not carry out a thorough investigation. NGOs and legal observers also stated police often did not file charges against individuals who made false blasphemy accusations.
During the year, courts overturned some blasphemy convictions upon appeal and acquitted others after the accused had spent years in prison. On October 6, the Lahore High Court acquitted Sawan Masih, a Christian man sentenced to death for blasphemy in 2014, but Masih continued to face death threats and had to go into hiding with his family. His was the first acquittal for blasphemy since October 2018, when Asia Bibi, a Christian woman sentenced to death in 2010, was acquitted. On December 15, the Lahore High Court acquitted a second Christian man, Imran Ghafur Masih, who had been sentenced to death for blasphemy in 2010. Courts also penalized antiblasphemy groups. In January, an antiterrorism court sentenced 86 members of the TLP to 55-year prison terms each for taking part in violent protests following Bibi’s acquittal.
Police intervened on multiple occasions to quell mob violence directed at individuals accused of blasphemy. On September 10, police saved a Hindu trader from a mob that accused him of committing blasphemy and called for his death in Kashmore, Sindh. Several hundred protesters led by religious leaders took to the streets and chanted slogans against the alleged blasphemer. Police took him into protective custody and transferred him to a senior police officer’s office as the mob blocked the Indus Highway and demanded police hand over the alleged blasphemer. Also in September, according to law enforcement reports, Peshawar police rescued an Ahmadi family after a large mob gathered outside their home, accusing the family of preaching Ahmadi beliefs.
There were reported cases of government intervention and assistance from courts and law enforcement in situations of attempted kidnapping and forced conversion, although enforcement action against alleged perpetrators was rare. In January, after going missing, a 15-year-old Hindu girl appeared in a video with Ali Raza, a Muslim man, in which the two claimed they had willingly married and she had converted to Islam. Her family said she had been kidnapped and forcibly converted. In court proceedings, the girl retracted her video statement and said she wanted to return to her parents. In February, a court in Jacobabad, Sindh, ruled that the marriage with Raza was illegal under the 2013 Sindh Child Marriage Restraint Act. On July 9, the Sindh High Court ordered that the girl could return to her Hindu parents. According to local sources, the high-profile case led to communal tensions in Jacobabad, the couple’s home district, and clerics from the Jamiat Ulema-e-Islam-Fazal party publicly accused the girl of apostasy and called for her death. The girl remained in a government shelter for several months before returning to her parents.
On November 23, the Sindh High Court dissolved the marriage of an underage Christian girl to a 44-year-old Muslim man. According to her parents, the girl had been abducted and raped after being forcibly converted to Islam in Karachi. The Sindh High Court on October 27 originally upheld the validity of the marriage, citing the marriage certificate that indicated the girl was 18 years old, and ruling that she had converted to Islam and married of her own free will. Following petitions, the court reversed its decision and declared the marriage illegal under the Sindh Child Marriage Restraint Act and ordered the girl placed in a shelter after she refused to return to her parents. The court also barred her alleged husband and his family from meeting her and ordered police to arrest those who facilitated the marriage.
The Ministry of Interior maintained multitier schedules of religiously oriented groups it judged to be extremist or terrorist that were either banned or had their activities monitored and curtailed (Schedule 1) and individuals whose activities in the public sphere could also be curtailed, including during religious holidays such as Ashura (Schedule 4). On August 23, the Sindh provincial government barred 142 “firebrand” speakers and religious scholars from leaving their home districts for 60 days to avoid violent disturbances during Shia Muharram commemorations. These 142 individuals included both Shia and Sunni clerics who in the past had given controversial statements leading to sectarian tensions.
According to Ahmadiyya community leaders, authorities continued to target and harass Ahmadi Muslims for blasphemy, violations of “anti-Ahmadi laws,” and other crimes. Ahmadiyya leaders stated the ambiguous wording of the legal provision forbidding Ahmadis from directly or indirectly identifying themselves as Muslims enabled officials to bring charges against members of the community for using the standard Islamic greeting or for naming their children Mohammed.
Community leaders continued to report that the government hindered Ahmadis from obtaining legal documents and pressured community members to deny their beliefs by requiring individuals wishing to be listed as Muslim on identity cards and passports to swear Mohammed was the final prophet of Islam and the Ahmadiyya movement’s founder was a false prophet. Ahmadiyya community representatives reported the word “Ahmadi” was written on their passports if they identified themselves as such.
In 2018 the Islamabad High Court issued a judgment requiring citizens to declare an affidavit of faith to join the armed forces, judiciary, and civil services and directed parliament to amend laws to ensure Ahmadis did not use “Islamic” terms or have names associated with Islam. Neither the National Assembly nor the Senate had acted on the 2018 judgment by year’s end, but Ahmadiyya community representatives said that NADRA required Ahmadis to declare in an affidavit that they are non-Muslims to obtain a national identification card, another requirement of the high court judgment.
According to Ahmadiyya leaders, the government effectively disenfranchised their community by requiring voters to swear an oath affirming the “finality of the Prophethood of Mohammed,” something that they stated was against Ahmadi belief, in order to register as Muslims. Since voters who registered as Ahmadis were kept on a separate voter list, they said they were more exposed to threats and physical intimidation, and many Ahmadis continued their longstanding practice of boycotting elections.
Ahmadiyya Muslim community representatives continued to state that Ahmadi families were unable to register their marriages with local administrative bodies, known as union councils, since those councils considered Ahmadis to be outside the authority of the Muslim Family Law of 1961.
Some community representatives said Christians continued to face difficulties in registering marriages with Islamabad union councils because the councils claimed they had no authority to deal with unions recorded by Christian marriage registrars (usually church authorities). Parliament, church leaders, and advocates continued to debate the text of a draft law to govern Christian marriages nationwide, because the existing regulation dated from 1872. Members of parliament and officials of the Ministry of Human Rights and the Ministry of Law and Justice held consultations with church leaders from prominent Christian denominations and with NGO representatives, but the denominations, church leaders, and NGO representatives had not agreed on elements of the draft law pertaining to divorce and interfaith marriage by year’s end. NGOs lobbying for amendments to permit divorce in a wider range of circumstances praised the Ministry of Human Rights’ efforts to consult with stakeholders and the ministry’s overall efforts to accelerate progress on the bill.
Although the Sindh Hindu Marriage Act covers registration of Sikh marriages in that province, members of the Sikh community reportedly continued to seek a separate Sikh law so as not to be considered as Hindus for the purposes of the law. The Sindh provincial cabinet adopted regulations to implement the Sindh Hindu Marriage Act in December 2019, which provided more specific rules for implementation. In 2020, the provincial government began to implement the act, and NADRA began registering Hindu marriages in Sindh, according to Hindu community activists.
The government continued to prohibit citizens, regardless of religious affiliation, from traveling to Israel. Representatives of the Baha’i community said this policy particularly affected them because the Baha’i World Center – the spiritual and administrative center of the community – was in Haifa, Israel. Christian advocates also called on the government to allow them to travel to Israel.
According to media reports and law enforcement sources, in the weeks leading up to and during the Islamic month of Muharram – religiously significant for Shia Muslims – authorities at the federal and provincial levels again restricted the movement and activities of dozens of clerics on the Ministry of Interior’s Schedule 4 listing. According to civil society and media reports, the government restricted the movement and activities of these individuals because they were known for exacerbating sectarian tensions.
Some religious minority leaders stated the system of selecting minority parliamentarians through the internal deliberations of mainstream parties resulted in the appointment of party stalwarts or those who could afford to “buy the seats,” rather than legislators who genuinely represented minority communities. Others said parliamentarians occupying reserved seats had little influence in their parties and in the National Assembly because they did not have a voting constituency.
The requirement that Muslim elected officials swear an oath affirming their belief that Mohammed is the final prophet of Islam continued to discourage Ahmadi Muslims from seeking public office. To seek office, Ahmadis would be forced to do so because by law they are considered non-Muslims, even though they self-identify as Muslim.
The government continued to permit limited non-Muslim foreign missionary activity and to allow missionaries to proselytize as long as they did not preach against Islam and they acknowledged they were not Muslim. According to the government’s immigration website, the Ministry of Interior could grant visas to foreign missionaries invited by organizations registered in the country. The visas were valid for one year and allowed one reentry into the country per year, although it was understood by missionary sources that only “replacement” visas for those taking the place of departing missionaries were available for long-term missionaries seeking to enter the country for the first time. The website further stated extensions could be granted for two years with two reentries per year, excluding from India.
The government continued its warnings against blasphemy and other illegal content on social media through periodic print advertisements and text messages sent by the Pakistan Telecommunications Authority (PTA). The text messages stated, “Sharing of blasphemy, pornography, terrorism, and other unlawful content on social media and the internet is illegal. Users are advised to report such content on content-complaint@pta.gov.pk for action under PECA 16 (the 2016 PECA act).”
In a January press release, PTA stated it was “proactively playing its role in blocking/removal of unlawful content, with social media platforms being approached in this regard,” and it encouraged the public “to report such content directly to PTA and avoid sharing it on social media platforms and other websites.”
In February, the National Assembly introduced a draft law requiring internet and technology companies to open offices in Islamabad, locate their servers within the country, and remove “objectionable” internet content within a specified timeframe. According to technology companies and religious minority activists, the definition of objectionable content in the draft law was vague and subject to government interpretation.
On October 9, the PTA blocked the video-sharing social media application TikTok, based on what it called “immoral and indecent” content. Reactions to the PTA’s measure was mixed, with many social media users praising the decision to ban TikTok, but others concerned that the government could use this to target religious minorities. On October 19, the PTA lifted the block after the government received reassurances from the company that it would more closely regulate content, but NGOs and activists expressed concern that the government could use this authority to target religious minorities.
In November, the government finalized its Removal and Blocking of Unlawful Online Content Rules 2020, which sought to codify the PTA’s authority to regulate content the government deemed “unlawful.” The rules not only enhanced the PTA’s ability to compel online content platforms such as Facebook, Google’s YouTube, Twitter, and Wikipedia to remove content but also extended the regulator’s purview to include local internet service providers that could also be held liable for such content. In late December, the PTA publicly used this new authority for the first time to demand the removal of “sacrilegious” content. The PTA cited public complaints against an “unauthentic version” of the Quran uploaded by the Ahmadiyya community on the Google Play Store and information that portrayed Mirza Masroor Ahmad as a Muslim on Wikipedia, which the PTA characterized as “misleading, wrong, deceptive, and deceitful.” The PTA successfully removed the same Quran application from the Apple Store in July. On December 24, the PTA issued a legal notice to two Ahmadi U.S. citizens requiring them to remove their website, trueislam.com, or face fines, sanctions, or potential prison sentences.
According to representatives of some minority religious groups, the government continued to allow most organized religious groups to establish places of worship and train members of the clergy. Similar to the previous year, some Sikh and Hindu places of worship reopened during the year. The Katas Raj Hindu temple was reopened for Hindus after renovation in the Chakwal district of Punjab. An additional six Sikh gurdwaras and seven Hindu temples were also reopened after renovation in Punjab.
In July, religious and right-wing parties criticized the government’s plan to permit construction of a new Hindu temple in Islamabad. Prime Minister Imran Khan gave verbal approval to build the temple following a request from the Ministry of Religious Affairs and Hindu and Christian members of the National Assembly. Then Prime Minister Nawaz Sharif’s government had granted the land to build the temple in 2016. Islamist political parties and Punjab Provincial Assembly speaker Chaudhry Elahi (Pakistan Tehreek-e-Insaf – PTI – party) criticized the decision before written approval was issued, however, declaring new temples should never be built in an Islamic country. Opponents filed a petition to stop construction with the Islamabad High Court on June 29, and vandals destroyed the land’s boundary wall on July 5. On October 28, the Council on Islamic Ideology gave its approval for construction, ruling that Islamic law allows Hindus a place of worship, but noting there is no tradition for the government to provide funds for places of worships owned by private parties. The government announced it would seek a review from the Council on Islamic Ideology and at the end of the year it was unclear whether it still maintained its support for the temple.
On July 21, the government returned a 200-year-old Sikh gurdwara to the Sikh community in Quetta. The gurdwara had been used as a government-run girls’ school since 1947. Danesh Kumar, the adviser on minority affairs to the Balochistan Chief Minister, said the government had decided to hand over sacred sites of religious minorities in Balochistan to promote interfaith harmony.
On February 7, the district administration returned a century-old Hindu temple to the Hindu community in Zhob, Balochistan. The temple had also been part of a government-run school. Hindu community representatives welcomed the decision to return the temple to the community after 70 years.
Although there continued to be no official restriction on the construction of Ahmadiyya places of worship, according to Ahmadiyya Muslim community leaders, local authorities regularly denied requisite construction permits, and Ahmadis remained forbidden to call them mosques.
Authorities provided enhanced security for Shia Muslim, Christian, and Hindu places of worship at various times throughout the year, including around particular religious holidays or in response to specific threats. In August and September, increased security was provided throughout the country for the Shia community’s Muharram processions. In Islamabad, the deputy inspector general of police said as many as 15,000 police, Rangers, and Frontier Corps personnel were involved. In Peshawar, security was increased around churches ahead of Christmas after security forces arrested four militants on December 17 who were allegedly planning an attack on Christmas Day, which is also celebrated as Quaid-i-Azam Day, the birthday of Pakistan’s founder, Mohammed Ali Jinnah. Ahead of Christmas in Lahore, police deployed some 6,000 officers and officials at 623 churches. Police also deployed snipers and used closed-circuit television cameras and metal detectors to ensure the security of churches and Christmas markets. In Sindh, police provided enhanced security at churches and Hindu temples, especially in Karachi, on eves of festivals such as Christmas and Diwali.
Legal experts and NGOs continued to state that the full legal framework for minority rights remained unclear. While the Ministry of Law and Justice was officially responsible for ensuring the legal rights of all citizens, in practice, the Ministry for Human Rights continued to assume primary responsibility for the protection of the rights of religious minorities. The NCHR was also mandated to conduct investigations of allegations of human rights abuses, but legal sources said the commission had little power to enforce its requests. Since 2019, the NCHR has been without a mandate for a second four-year term and lacked newly appointed commissioners, making it effectively nonfunctional throughout the year.
Members of religious minority communities said there continued to be an inconsistent application of laws safeguarding minority rights and enforcement of protections of religious minorities at both the federal and provincial levels by the Ministry of Law and Justice, the Ministry of Interior and the Ministry of Human Rights. Religious minority community members also stated the government was inconsistent in safeguarding against societal discrimination and neglect, and that official discrimination against Christians, Hindus, Sikhs, and Ahmadi Muslims persisted to varying degrees, with Ahmadi Muslims experiencing the worst treatment.
In May, the Cabinet approved a Religious Affairs Ministry proposal establishing a National Commission for Minorities housed within the ministry. The proposal named a prominent Hindu business owner and ruling PTI party leader as the commission’s chair, along with other Hindu, Christian, Sikh, Parsi, and Kalash members. The commission also included two Sunni Muslim clerics and senior civil servants from the Ministries of Interior, Law and Justice, Human Rights, Federal Education and Professional Training, Religious Affairs, and the Council of Islamic Ideology.
The plan followed a 2014 Supreme Court decision that ordered the government to take steps to ensure the rights of minorities and promote a culture of religious and social tolerance, but religious freedom activists and civil society groups said the proposal was “toothless” and raised concerns regarding the Religious Affairs Ministry’s lack of public consultation, the limited powers of the proposed body, and the ultimate decision to exclude Ahmadis. Information Minister Shibli Faraz’s announcement that the Cabinet had decided against including an Ahmadi Muslim representative on the new commission contributed to a wave of hate speech against Ahmadis, according to community representatives. The Religious Affairs Ministry later issued a statement saying Ahmadis would not be included on the commission, “given the religious and historical sensitivity” of including Ahmadis in government institutions. Ahmadi Muslim leaders said they had never been approached about participating in the commission and would never join a body that required them to identify as non-Muslims.
The Punjab Provincial Assembly also unanimously passed a resolution in May insisting that the federal National Commission on Minorities not include a representative from the Ahmadi community until community leaders submitted in writing that they accepted their status as non-Muslims under the constitution. The resolution stated, “This House demands that if the chief of Qadianis [a derogatory term for Ahmadis] submits in writing declaring that they accept the Constitution of Pakistan and accept their status as non-Muslims, then we will have no objection to their inclusion into the Commission.”
Speaker of the Punjab Provincial Assembly and Pakistan Muslim League-Quaid (PML-Q) party leader Chaudhry Pervaiz Elahi made numerous statements denouncing Ahmadis and any effort to undermine the status of Mohammed as Islam’s final prophet. The Punjab provincial government adopted three anti-Ahmadi measures: in May, a resolution that Ahmadis not be permitted to join the federal government’s National Commission for Minorities unless they “acknowledge” they are not Muslims; in June, a new curriculum law that requires school textbooks to state the finality of the Prophet Mohammed; and in July, the “Protection of the Foundations of Islam” bill giving the provincial government authority to censor objectionable materials and inspect any publishing house or private home for banned Ahmadi literature.
Lawmakers from the National Assembly, the Sindh Provincial Assembly, and the Khyber Pakhtunkhwa Provincial Assembly also adopted resolutions requiring the title “last of the prophets” to be used when referring to Mohammed. Video footage from a National Assembly session in July showed opposition lawmakers immediately criticizing Prime Minister Khan when he failed to use the phrase after speaking the name of the Prophet Mohammed in an address to parliament.
In April, police arrested Ramzan Bibi, an Ahmadi Muslim woman, after a neighbor accused her of blasphemy against Mohammed – a crime that carries the death penalty – in an argument over Bibi’s charitable donation to a non-Ahmadi mosque. Bibi remained in custody at year’s end.
In May, the Federal Investigative Agency raided the Lahore home of Ahmadi missionary and youth worker Rohan Ahmad, arresting him on charges of cybercrime, blasphemy against the Quran, and propagating the Ahmadi faith through a WhatsApp group in September 2019. At year’s end, he was still being held at Camp Jail, Lahore, and had not been charged
In July, the Lahore High Court Bar Association (LHCBA) demanded that the federal interior ministry prevent the Ahmadi community from sacrificing animals on Eid al-Adha. In a letter written to the Interior Minister, the LHCBA quoted the section of the constitution stating that Ahmadis are non-Muslim.
In August, a case was opened against three Ahmadi men after an official of a religious seminary approached police complaining that the men sacrificed an animal on Eid al-Adha. The complainant said the three men “hurt the belief of Muslims” by engaging in Islamic rituals as non-Muslims. No arrests were made, and no one was charged.
In October, Punjab police arrested three Ahmadis for using Islamic symbols and practices in their mosque. The charges carry up to three years’ imprisonment and a fine. A complainant filed a criminal charge against them on May 3, triggering the police investigation. As of year’s end, the case was awaiting prosecution.
Government officials and politicians attended and spoke at multiple Khatm-e-Nabuwat (Finality of Prophethood) conferences held in major cities and at religious sites around the country. These conferences were organized by groups that stated they were defending the teaching that Mohammed is the final prophet but were often characterized by both secular and Ahmadi critics as engaging in hate speech against Ahmadi Muslims.
On September 7, the JUI-F party held a large Khatm-e-Nabuwat conference in Peshawar, with party leaders and national and provincial parliamentarians in attendance. At the conference, JUI-F national leader Fazl ur Rehman praised the lawyers who were defending the teenager accused of killing U.S. citizen Tahir Naseem, a self-proclaimed Ahmadi, in Peshawar and blamed Western nations for supporting Ahmadi Muslims. That same day, a Punjab Provincial Assembly lawmaker from the Pakistan Muslim League-Nawaz (PML-N), Mohammed Ilyas Chinyoti, participated in an international Khatm-e-Nabuwat conference in the Chanab Nagar area of Punjab near the Ahmadiyya Muslim community’s headquarters. Speakers at that conference repeatedly used anti-Ahmadi rhetoric.
The Ministry of Human Rights and the Ministry of Federal Education and Professional Training held consultations with minority faith representatives during the year in a review of textbooks for derogatory material.
In June, the Punjab Provincial Assembly unanimously passed the Curriculum and Text Book Board Amendment Bill, which Governor Chaudhary Muhammad Sarwar signed into law. The law requires clearance from the Muttahida Ulema Board, a Punjab-based advisory council of religious scholars from multiple Muslim schools of thought, to publish content on Islam in school textbooks, which Assembly Speaker Elahi said was necessary to “stop the publishing of blasphemous material” against Mohammed and his companions. Civil society representatives said the bill targets Ahmadis, who do not have representation on the ulema board and who are barred by the constitution and the penal code from identifying as Muslims. Some politicians acknowledged privately the bill was intended to ensure textbooks identify Mohammed as the final prophet, thereby excluding Ahmadis from the definition of Islam taught in public schools.
On July 22, the Punjab Provincial Assembly passed the Protection of Foundation of Islam Bill, which prohibits the printing and publication of objectionable material in the province. Governor Sarwar did not sign the bill, which was promoted by the PML-Q party, noting controversy about its provisions and concerns that it could be seen as anti-Shia. According to a Punjab government official, Sarwar had no intention of signing the bill until there was a consensus that it would not harm religious minorities. Other government officials, including Prime Minister Khan, advised Sarwar against signing the bill, according to a Lahore-based journalist. Among the restrictions outlined in the bill, publishers, editors, and translators would be barred from printing or publishing any book and material containing statements or anything deemed to be of a blasphemous nature. The bill would also require the words “last of the prophets” to be written after the name of Mohammed and specific honors for his companions revered in the Shia community (“may Allah be pleased with them,” rather than “peace be upon them”). Ahmadi community leaders said they saw the requirement to designate Mohammed as last of the prophets as directly targeting them. Shia leaders, meanwhile, denounced the specific honors prescribed by the bill to Mohammed’s companions, which they said risked stoking discord between Shia and Sunnis, given their fundamental disagreements over some of the companions’ status within Islam.
The law also would make “desecration” (including physical destruction of books or symbols, along with verbal, written, or online actions perceived to be insults) of any prophet, any of the four divine books (the Quran, Torah, Psalms of David, and Gospel of Jesus), any family and companions of the Prophet Mohammed, as well as abetting or glorifying terrorists, or promoting sectarianism in any book, punishable with a maximum of a five-year jail term and a substantial fine of up to 500,000 Pakistani rupees ($3,100). According to the bill, all publishers would be required to submit to the Directorate General Public Relations, the provincial government authority with jurisdiction over printing presses and publishing houses, four copies of every edition of each title they print. The directorate would be empowered to inspect printing presses, bookstores, and publishing houses and confiscate books before or after they are printed if they are judged to contain “objectionable” content.
While schools were required to teach Islamic studies and the Quran to Muslim students, sources reported many non-Muslim students were also required to participate because their schools did not offer parallel courses in their own religious beliefs or ethics. The government did not permit Ahmadis to teach Islamic studies in public schools. Members of religious minority communities stated public schools gave Muslim students bonus grade points for memorizing the Quran, but there were no analogous opportunities for extra academic credit available for religious minority students.
Minority religious leaders stated members of their communities continued to experience discrimination in admission to colleges and universities. Ahmadi representatives said the wording of the declaration students were required to sign on their applications for admission to universities continued to prevent Ahmadis from declaring themselves as Muslims. Their refusal to sign the statement meant they were automatically disqualified from fulfilling the admissions requirements. The government said Ahmadis could qualify for admission if they did not claim to be Muslims.
There were continued reports that some madrassahs taught violent extremist doctrine, which the government sought to curb through madrassah registration and curriculum reform.
Members of religious minorities, particularly lower-caste Hindus, complained of forceful evictions from their homes and villages by individuals desiring their land with assistance from government officials. On July 13, hundreds of members of the Bheel community, including women and children, marched and demonstrated against the demolition of their homes by revenue officials whom they said were in collusion with an influential landlord of the area in Mithi, Sindh. The protesters said that when they opposed the illegal evictions of villagers, they were charged in “fake” cases by revenue officials. They complained that Dalits, who are considered to be the lowest in the traditional Hindu caste structure, were being targeted and subjected to violence and torture in Thar and other areas. For example, in March, media reported that a woman from Meghwar committed suicide after being repeatedly raped by a man of an upper-caste Hindu clan in Deeplo, Sindh. The woman’s family said she was pregnant at the time of her suicide and that police initially refused to file charges against the man because of his caste.
Most minority religious groups said they continued to face discrimination in government hiring. According to religious minority activists, provincial governments also often failed to meet quotas for hiring religious minorities into the civil service.
Minority rights activists said most government employment advertisements for janitorial staff continued to list being non-Muslim as a requirement. Minority rights activists criticized these advertisements as discriminatory and insulting. For example, the Lahore Waste Management Company continued to employ mainly Christian street sweepers, which HRCP criticized as the result of employment advertisements continuing to specify that religious minorities should apply. Citing a sanitation job advertisement issued by the Sindh provincial government, HRCP stated such advertisements infringed on human dignity and violated the constitutional guarantee of equality of all citizens. In May, the New York Times reported the issue, which was subsequently raised by international human rights NGOs.
Representatives of religious minorities said a “glass ceiling” continued to prevent their promotion to senior government positions, but one NGO also stated that due to insufficient higher education opportunities compared to the majority religious community, few religious minorities met the qualifications to apply for these positions. Although there were no official obstacles to the advancement of minority religious group members in the military, they said that in practice, non-Muslims rarely rose above the rank of colonel and were not assigned to senior positions.
Print and broadcast media outlets continued to publish and broadcast anti-Ahmadi rhetoric. In May, after the government announced that Ahmadis would be excluded from the National Commission for Minorities, Religious Affairs Minister Qadri said on a popular television show, “Anyone supporting Ahmadis is not a Muslim.” Ahmadiyya Muslim community representatives stated that the Urdu-language press frequently printed hate speech in news stories and editorials, some of which could be considered as inciting anti-Ahmadi violence. Inflammatory anti-Ahmadi rhetoric continued to exist on social media and was at times spread by senior members of mainstream political parties.
Following the killing of U.S. citizen Tahir Naseem in July, JUI-F leader Mufti Kifayatullah celebrated the accused killer for his act of “justice.” Some political figures, including the ruling PTI Party’s Sindh provincial president Haleem Adil Sheikh, who is also a member of the Sindh Provincial Assembly, changed their social media profile pictures to that of Naseem’s killer.
On January 26, a local court sentenced four young boys, who had confessed to vandalizing a Hindu temple in Sindh’s Tharparkar district, to a juvenile center in Hyderabad. The incident was the first attack on a Hindu temple in Tharparkar in more than 30 years. Minority lawmakers and civil society activists reacted strongly to the attack, stating the boys had been instigated by local Muslim clerics.
Civil society members reported authorities took no action to prevent attacks on Ahmadi mosques or punish assailants who demolished, damaged, forcibly occupied, or set fire to Ahmadi mosques. Local authorities did not allow the repair or unsealing of Ahmadi mosques damaged or demolished by rioters in previous years. In February, a crowd occupied and vandalized a 100-year-old Ahmadi mosque in Punjab. In July, residents in the Sheikpura District of Punjab damaged Ahmadi gravestones.
Community leaders continued to state the government did not take adequate action to protect its poorest citizens, including religious minorities, such as Christian and Hindu Dalits, from bonded labor practices. In May, Daniel Masih appealed to the court in the Sargodha District of Punjab, urging authorities to rescue his brother Bashir and his family from bonded labor under a Muslim landlord. Hindu Dalits remained vulnerable to human rights violations and pressure by perpetrators to withdraw police cases. On September 30, media reported that a 17-year-old girl from a Hindu Dalit community committed suicide after having been gang-raped a year earlier by Muslim men and subsequently blackmailed by them in Tharparkar, Sindh. Three suspects were arrested for the rape but were released on bail, and the girl’s family said they harassed and pressured the girl to withdraw the case.
Actions of Foreign Forces and Nonstate Actors
According to civil society and media, armed sectarian groups connected to organizations banned by the government, including the LeJ, TTP, and the once-banned anti-Shia group SSP, continued to be responsible for violence and other abuses against religious minorities. Groups designated as terrorist organizations by the United States and other governments, such as ISIS, also committed violent acts. Among the targets of these attacks were Shia Muslims, particularly the predominantly Shia Hazara community.
According to the SATP, the number of sectarian attacks by armed groups continued to decrease, corresponding with an overall decline in terrorist attacks. Data on sectarian attacks varied because no standardized definition existed of what constituted a sectarian attack among reporting organizations. According to the SATP, at least 10 persons were killed and three injured in 10 incidents of sectarian violence by extremist groups during the year. These attacks targeted gatherings of Shia individuals.
There were multiple reports of targeted killings of Shia Muslims in Khyber Pakhtunkhwa, although because religion and ethnicity were often closely related, it was difficult to categorize some incidents as being solely based on religious identity. In September, unidentified gunmen killed two prominent members of the local Shia community in the Kohat District of that province. This was part of an increase in anti-Shia activity that month nationwide that included the shooting of a prominent Shia religious leader in Punjab’s Mandi Bahauddin District and the shooting of a Shia employee of the National Bank of Pakistan in Islamabad. On October 11, unidentified militants abducted six Shia pilgrims near the Pakistan-Iran border region of Panjgur, in Balochistan. The six, all from Karachi, were returning from a pilgrimage in Iran; they remained missing at year’s end.
According to the SATP and media reports, antiterrorism courts convicted and sentenced several individuals affiliated with terrorist organizations and involved in past sectarian attacks and targeted killings. On June 25, an antiterrorism court sentenced five al-Qa’ida militants to 16 years’ imprisonment each for terrorist financing and possession of explosives. The militants were also convicted for running an al-Qa’ida media cell in Gujranwala. On July 27, an antiterrorism court sentenced a member of SSP to 13 years’ imprisonment for facilitating terrorist activities.
The Hindu community in Sindh and Balochistan remained vulnerable to targeted killings and kidnappings for ransom. On July 19, members of the Hindu community staged a sit-in in Khuzdar, Balochistan, to protest the July 18 killing of local Hindu trader Nanak Ram by unidentified assailants in the Wadh area of Khuzdar District. On July 31, Hindu business owner and member of the Khairpur Chamber of Commerce and Industries Raja Kishan Chand was killed by unknown gunmen in that city. In a statement, the Pakistan Hindu Council condemned the killing as well as two other July incidents of violence towards Hindu citizens in the district.
According to the nonprofit Middle East Media Research Institute, the December edition of the Urdu language TTP magazine Journal of The Tehreek-E-Taliban Pakistan blamed “the Jews and their puppets” for the COVID-19 pandemic and for harassing Muslims during the pandemic. The author of the article wrote that COVID-19 had been hidden since the 1960s to be “used against Muslims.”
Section III. Status of Societal Respect for Religious Freedom
Targeted killings of Shia and Ahmadi Muslims and violence and discrimination against Christians, Hindus, and Ahmadi Muslims continued to occur. Throughout the year, unidentified individuals assaulted and killed Shia and Ahmadis in attacks sources believed to be religiously motivated. The attackers’ relationship to organized terrorist groups was often unclear.
Shia Hazaras in Quetta, Balochistan, continued to express concern about targeted killings taking place for the last several years. Although the government continued to implement elevated security measures around Hazara neighborhoods in Quetta, some Hazara community members continued to state that these measures had turned their neighborhoods into isolated ghettos.
In July, a teenager killed U.S. citizen Tahir Naseem in a Peshawar courtroom, where Naseem was on trial for blasphemy. The young man and two coconspirators were indicted, taken into government custody, and were awaiting trial at year’s end. The 16-year-old suspect was being tried as a juvenile; the two coconspirators were a prayer leader and a young lawyer involved in the blasphemy complaint against Naseem. Many social media users celebrated Naseem’s killing. At least three top Twitter trends praised the killer and called him the “savior” and “pride” of Pakistan. Twitter and WhatsApp users circulated graphic images and video footage from the courtroom, depicting Naseem slumped over a chair and crowds of men ignoring the body and seeming to congratulate the killer.
Following Naseem’s death, there were a series of additional violent incidents targeting Ahmadis, and Ahmadiyya community members said they felt in more danger than ever before. Unknown assailants shot a Peshawar trader, also an Ahmadiyya community member, near his business on August 12. Police stated they believed he was targeted because of his religious beliefs. On October 5, also in Peshawar, Professor Naeemuddin Khattak, a member of the Ahmadiyya community, died after being shot while driving home from work. Khattak’s brother, who witnessed the killing, named two suspects in his criminal complaint, including a friend of Khattak – a lecturer from the University of Agriculture in Peshawar – with whom Khattak had had a heated religious argument on October 4. On November 9, also in Peshawar, an 82-year-old retired Ahmadi government worker was killed by unknown gunmen while waiting for a bus. Ahmadiyya community leaders said he was targeted due to his religious beliefs.
On November 20 in a rural area of Punjab, a teenage boy killed Ahmadi doctor Tahir Ahmad and seriously wounded three of his family members. On November 21, Human Rights Minister Shireen Mazari posted a tweet calling for the government to protect all its citizens. Ahmadiyya community members said they were surprised by this instance of a senior government official condemning anti-Ahmadi violence, but added that they do not expect it to become the new norm. The special assistant to the Prime Minister for religious harmony, Tahir Ashrafi, said it was “the responsibility of the government and court to punish” the perpetrator in a televised interview.
In its 2020 World Watch List report, the international NGO Open Doors listed Pakistan, noting that Christians face “extreme persecution in every area of their lives, with converts from Islam facing the highest levels.” According to Open Doors, all Christians in the country “are considered second-class citizens, inferior to Muslims.” The NGO stated Christians are often given jobs “perceived as low, dirty and dishonorable, and can even be victims of bonded labor.” The NGO also said that Christian girls in the country were increasingly “at risk of abduction and rape, often forced to marry their attackers and coerced into converting to Islam.”
AsiaNews, the official press agency of the Roman Catholic Pontifical Institute for Foreign Missions, reported that two members of a Christian family were shot and wounded after buying a house in a neighborhood inhabited primarily by Muslims on June 4 in the Sawati Phatak Colony of Peshawar. Police arrested several members of a neighboring Muslim family in connection with the incident. Salman Khan, the head of the Muslim family, remained at large. According to AsiaNews, once Khan learned the family was Christian, he ordered them to leave immediately, because “Christians are enemies of Islam.” After harassing the family for a few days, Khan gave them a 24-hour ultimatum to leave. When he and his sons returned to the house, they shot and wounded two of the Christian family members.
Civil society activists and media reported young Christian and Hindu women being abducted and raped by Muslim men. Victims said their attackers singled them out as vulnerable due to their religious minority identity. According to the NGOs Center for Legal Aid, Assistance, and Settlement (CLAAS) and the Pakistan Center for Law and Justice, there were also reports of religious minority women being physically attacked by men. On October 9, a Hindu teacher was attacked by a Muslim man with an axe on her way to her school in Mithi, Sindh. The teacher survived the attack and told media the man had been following and harassing her for days. Despite her filing a complaint, police did not open a case initially. The man was later arrested by police after the Sindh education secretary intervened in the case.
The HRCP said forced conversions of young women of minority faiths, often lower-caste Hindu girls from rural Sindh province, continued to occur. On October 13, according to local media reports, Reeta Kumari, a pregnant Dalit Hindu woman, told the Sindh High Court in Sukkur that she had been abducted by a Muslim man, Rafique Domki, in Islamkot. She said Domki had taken her to Balochistan two months earlier and held her there until police rescued her. She denied her abductor’s claim that she had willfully married him and converted to Islam, and instead asked the court to allow her to reunite with her Hindu husband and minor son. The court ordered police to hand over the woman to her Hindu husband and no police or court action was taken against Domki.
Christian activists also stated young women from their communities were vulnerable to forced conversions. On February 22, a Christian woman from Lahore fled to a shelter after a Muslim factory worker forced her to convert to Islam and marry him. The woman’s mother filed a police report against the abductor, who was subsequently arrested.
On July 22, Saeed Amanat, a Muslim man, abducted a 15-year-old Christian girl on her way to church in Faisalabad, Punjab. The girl’s family said they feared she had been forced to convert and marry a Muslim. On August 22, another teenage Christian escaped from the home of Mohamad Nakash, a Muslim who had kidnapped her in April and had been holding her since. On September 8, Mehwish Hidayat, a Christian woman, was reunited with her family after being abducted by a Muslim man and spending three months in captivity.
Also in September, a Karachi court issued an arrest warrant for Abdul Jabbar, a Muslim man who allegedly abducted, forcibly married, and converted a teenage Christian girl in Karachi in 2019. She was taken to Dera Ghazi Khan, in Punjab, to avoid Sindh provincial law, which bans marriage of girls younger than 18. At year’s end, she and her alleged husband had not appeared in court in Karachi, despite multiple court orders to do so.
International and local media, as well as Christian activists, reported that young Christian women, many of them minors, were specifically targeted by Chinese human traffickers because of their poverty and vulnerability. The traffickers told pastors and parents they would arrange marriages to Chinese men who had supposedly converted to Christianity, after which the women were taken to China, abused, and in some cases, sexually trafficked. Reports indicated parents and pastors were frequently paid by the traffickers for the women, and that some pastors were complicit in the trafficking.
Members of civil society reported that converts from Islam lived in varying degrees of secrecy for fear of violent retribution from family members or society at large.
Representatives of the Kalash, an indigenous group in Khyber Pakhtunkhwa Province, continued to report their youth were under pressure from Muslim schoolteachers and others to convert from their traditional beliefs.
Throughout the year, Islamic organizations with varying degrees of political affiliation held conferences and rallies to support the doctrine of Khatm-e-Nabuwat. The events were often covered by English and local-language media and featured anti-Ahmadiyya rhetoric which Ahmadiyya community representatives said could incite violence against Ahmadis. In addition to the large JUI-F conference and rallies, the Islamist party Jamaat-e-Islami also held a large event in September in Peshawar; both parties criticized the PTI-led national government for failing to enforce Islamic law. The TLP and Ahle Sunnat Wal Jamaat, a banned organization under the National Counterterrorism Authority’s Schedule-I list, also held smaller rallies. The rallies occurred days after a unanimous resolution by the Khyber Pakhtunkhwa Provincial Assembly condemning anti-Islam statements and the republication in France of the Charlie Hebdo cartoon depictions of the Prophet Mohammed.
In September, several religious groups from the Deobandi and Barelvi schools of Sunni Islam organized a series of rallies in Karachi to denounce Shia “defamation” of revered Sunni religious figures. The rallies came after police charged Shia cleric Taqi Jaffar with blasphemy on August 30 for criticizing two companions of Mohammed during a Karachi Muharram procession.
Ahmadis continued to report widespread societal harassment and discrimination against community members, including physical attacks, destruction of homes and personal property, and threats intended to force Ahmadis to abandon their jobs or towns. On August 12, armed gunmen attacked the house of Ahmadi Muslim Syed Naeem Ahmad Bashir in the Sahiwal District of Punjab, firing into the courtyard at night, where they reportedly expected the family to be sleeping. The family was in another location, however, and survived. On August 20, attackers attempted to kill Sheikh Nasir Ahmad, an Ahmadi man from the Lalamusa area of central Punjab.
In October, members of a State Youth Parliament team in Gujranwala defaced a public portrait of the country’s first Nobel laureate, physicist Dr. Abdus Salam, an Ahmadi. The group also painted slogans insulting the Ahmadiyya community. On October 22, a private business school, the Institute of Business Administration in Karachi, cancelled an online seminar that was to feature U.S.-based Ahmadi economist Dr Atif Mian, citing pressure by “extremists.”
Christian religious freedom activists continued to report widespread discrimination against Christians in private employment. They said Christians had difficulty finding jobs other than those involving menial labor, with some advertisements for menial jobs specifying they were open only to Christian applicants. In January, two Christians, Kamran Sandhu and Nauman Aslam, applied for seats reserved for minorities in the Gujranwala Electric Power Company (GEPCO) in Punjab. Both passed the recruitment test and had successful interviews but were denied appointment by the assistant manager. CLAAS helped both file an antidiscrimination petition in the Lahore High Court. The court ordered the chief executive officer of GEPCO to hire the two Christians, but he did not do so. The CLAAS legal team filed a contempt of court application, but the Lahore High Court dismissed the plea. At the end of the year, CLAAS was planning to take the case to the Federal Ombudsman.
Observers reported that English-language media continued to cover issues facing religious minorities in an objective manner, but Urdu-language media continued to show bias in reporting on minority religious groups, including multiple instances in which media censored references to Ahmadis on talk shows, used inflammatory language, or made inappropriate references to minorities. In a September editorial, the largest Urdu daily, Nawa-i-Waqt, described the 1974 legislation declaring Ahmadis officially non-Muslim as a historic day in the country’s history. The high circulation daily Jang also published a lengthy editorial on the struggle to declare Ahmadis as non-Muslims in a special magazine edition.
Human rights and religious freedom activists and members of minority religious groups continued to report that they exercised caution and, occasionally, self-censorship when speaking in favor of religious tolerance because of a societal climate of intolerance and fear. Some activists reported receiving death threats because of their work.
Hindu activists in Sindh reported discrimination against the Hindu community during COVID-19 food-relief efforts by private charities. In April, some members of the Hindu community in Karachi’s Lyari area were denied food packages provided by a local charity, according to local sources.
Reports continued of attacks on religious minorities’ holy places, cemeteries, and religious symbols. In July, police arrested four men for destroying a 1,700-year-old Gandharan civilization statue of Buddha in Khyber Pakhtunkhwa after a video showing one of the men hammering the statue went viral on social media. The four men were charged with defacing antiquities. On October 25, a Hindu temple was vandalized in Nagarparkar, Sindh, during the nine-day Navratri celebrations. Several statues were destroyed. Sindh Chief Minister Syed Murad Ali Shah Imran Ismail issued a statement condemning the attacks.
On October 20, HRCP reported that an Ismaili Muslim mosque in Ghizer was attacked by unknown assailants, who opened fire on the building. No casualties were reported.
On December 30, a mob estimated at 1,000 people incited by a cleric attacked an historic Hindu temple site in Karak District, Khyber Pakhtunkhwa, destroying the shrine of Hindu saint Shri Paramhans Jee Maharaj and an adjacent building under construction. Police arrested more than 45 JUI-F followers and clerics involved in the destruction. Government officials condemned the incident, suspended more than 100 police officials for failure to stop the mob, and ordered the temple rebuilt.
On October 7, Dr. Qibla Ayaz, then chairman of the Council of Islamic Ideology, inaugurated a national code of conduct to promote interreligious harmony in the face of increased sectarian violence and mistreatment of religious minorities. Islamic and minority religious leaders endorsed the code. Ayaz also spoke at a seminar on interfaith harmony at the cultural center at the National Library of Pakistan in Islamabad.
Section IV. U.S. Government Policy and Engagement
The Charge d’Affaires, consuls general, other embassy officers, and visiting senior U.S. officials engaged government officials and senior advisors to the Prime Minister, including the Minister for Human Rights, and officials from the Ministry of Law and Justice, Ministry of Foreign Affairs, Ministry of Interior, Ministry of Federal Education and Professional Training, and Ministry of Religious Affairs and Interfaith Harmony to discuss blasphemy law reform; laws concerning Ahmadi Muslims; the need to better protect members of religious minority communities; sectarian relations; and religious respect.
During his February visit to Karachi, the Department of State Special Adviser for Religious Minorities told students and faculty at Karachi University’s Department of Islamic Studies, “An inclusive society creates more space for trade and prosperity.” The audience applauded his comments about the protection of religious freedom for Muslims in the United States. Following the address, the Special Adviser convened an interfaith roundtable discussion at Karachi University, which included Muslims, Christians, Hindus, Sikhs, and Parsis. The event received positive coverage in local media. The Special Adviser went on to meet with federal and provincial government officials and civil society leaders in Islamabad and Lahore.
Three U.S. government cultural centers in Sindh Province and Islamabad held events to promote religious freedom. On January 21, the center in Khairpur hosted a Religious Freedom Day event at which 25 students discussed the importance of being able to practice religion freely in Pakistan. On January 22, the Hyderabad center hosted an event on educational institutions’ roles in promoting tolerance and creating peaceful communities. Sanjay Mathrani, a former participant in a U.S. government exchange program, was a featured speaker. On August 24, the Karachi center hosted a talk entitled, “How to Develop Religious Tolerance and Empathy,” with Syed Ali Hameed from the Shaoor Foundation and a consulate general officer.
Embassy officers met with civil society leaders, experts, and journalists to stress the need to protect the rights of religious minorities and to continue to support measures that decrease sectarian violence. They also met with representatives of other embassies, leaders of religious communities, NGOs, and legal experts working on religious freedom issues to discuss ways to increase respect among religions and to enhance dialogue. Department of State programs, including outreach activities such as speakers and workshops, helped to promote peacebuilding among religious and community leaders. The embassy and consulates highlighted the principles of religious freedom and examples of interfaith dialogue in the United States on their social media platforms throughout the year.
In July, the Department of State issued a statement following the killing of Tahir Naseem expressing outrage over the killing and noting that Naseem had been lured from his home in the United States by individuals who used blasphemy laws to entrap him. The statement also called on the government to “immediately reform its often abused blasphemy laws and its court system, which allow such abuses to occur, and to ensure that the suspect is prosecuted to the full extent of the law.”
In an official tweet in November following the killing of Ahmadi physician Tahir Ahmad, the Ambassador at Large for International Religious Freedom said the killing was “the latest in a series of recent killings targeting the Ahmadiyya community. We call upon authorities to ensure the safety of all Pakistanis.”
On December 2, the Secretary of State redesignated Pakistan as a CPC under the International Religious Freedom Act of 1998, as amended, for having engaged in or tolerated severe violations of religious freedom, and announced a waiver of the sanctions that accompany designation as required in the important national interests of the United States.
Sri Lanka
Executive Summary
The constitution provides for freedom of thought, conscience, and religion, including the freedom to change religion. The law recognizes four religions: Buddhism, Islam, Hinduism, and Christianity. The constitution and other laws accord Buddhism the “foremost place” among the country’s religious faiths and commit the government to protecting it while respecting the rights of religious minorities. In his February 24 report to the UN Human Rights Council on his visit to the country in 2019, the UN Special Rapporteur on Freedom of Religion or Belief, Ahmed Shaheed, said that he observed “significant gaps” in “upholding accountability and access to justice as well as ensuring non-recurrence of human rights violations.” He also said that religious minorities faced restrictions in the manifestation of their religion or belief, such as proselytization, conversion, and building of places of worship, in addition to numerous incidents of violent attacks. A government investigation continued into the 2019 Easter Sunday attacks that targeted Christian churches and luxury hotels, killing 268 persons, including five U.S. citizens, and injured more than 500. As of December, 135 suspects remained in custody, including three facing U.S. terrorism charges. According to police, 2,299 individuals were arrested overall. According to representatives of minority religious communities and nongovernmental organizations (NGOs), government officials continued to engage in systematic discrimination against some religious minorities. Reports stated that local government officials and police responded minimally or not at all to numerous incidents of religiously motivated discrimination and violence against minorities. Religious minorities reported government officials and police often sided with Buddhists and did not prevent harassment of religious minorities and their places of worship. Religious rights groups reported instances in which police continued to prohibit, impede, and attempt to close Christian and Muslim places of worship, citing government regulations, which legal scholars said did not apply. Media reports stated police and military personnel were complicit in allowing Buddhists to build religious structures on Hindu sites. In March, the Ministry of Health (MOH) made cremation compulsory for COVID-19 victims, denying Muslims who died from the virus the Islamic tradition of burying their dead. Between April and November, four UN special rapporteurs, including the Special Rapporteur for Religious Freedom, in addition to the Muslim Council of Sri Lanka (MCSL) and the Organization of Islamic Cooperation, expressed deep concerns about the government’s policy and asked it to reconsider in light of World Health Organization (WHO) guidelines permitting burial or cremation for COVID-19 victims. The Government Medical Officers Association called for President Gotabaya Rajapaksa to convene a panel of experts to examine the issue. In May, the country’s two major Muslim political parties, the Sri Lanka Muslim Congress (SLMC) and the All Ceylon Makkal Congress (ACMC) as well as several civil society activists, petitioned the Supreme Court, challenging the government’s policy; at year’s end, the court had not determined whether it would consider the case. In November, Health Minister Pavithra Wanniarachchi informed parliament that the government had appointed a committee to investigate the matter, and media reported that Prime Minister Mahinda Rajapaksa agreed to allow burials for Muslims who died from COVID-19 and asked health authorities to identify appropriate areas, but no official announcement of a policy change had been made by year’s end, and media and civil society groups reported that forcible cremations continued. In December, the Supreme Court refused to hear an appeal against the mandatory cremation practice filed by 11 Muslim and Christian activists. The court gave no explanation for its unanimous refusal to hear the case. At year’s end, the government maintained the policy despite increasing domestic and international calls to abandon it.
During the year, the National Christian Evangelical Alliance of Sri Lanka (NCEASL) documented 50 incidents of attacks on churches, intimidation of and violence against pastors and their congregations, and obstruction of worship services, compared with 94 in 2019. In January and February, groups led by Buddhist monks accosted evangelical Christians on their way to church or interrupted church services, demanding they end immediately and threatening worshippers. In three instances, the crowd assaulted pastors, their family members, or congregants. In two of these cases, police said the pastors were to blame for holding worship services; in one case, police accused a pastor of breaching the peace. NCEASL reported few arrests and none involving Buddhist monks. Jehovah’s Witnesses continued to report incidences of discrimination and abuse and lengthy delays in court action on cases involving them. In September, a magistrate issued arrest warrants for two men accused of assaulting four members of Jehovah’s Witnesses in 2019. In October, police reported that the attorney general would be filing a complaint against Buddhist monks accused of leading a mob that assaulted three female Jehovah’s Witnesses in 2013. According to civil society groups and NGOs, highly visible social media campaigns targeting religious minorities continued to fuel hatred and incite violence. According to Human Rights Watch, in April and May, there were calls on social media to boycott Muslim businesses and false allegations of Muslims spreading COVID-19 deliberately, which the authorities did not contest. Buddhist nationalist groups such as Bodu Bala Sena (BBS) continued to use social media to promote what it called the supremacy of the ethnic Sinhalese Buddhist majority and vilify religious and ethnic minorities.
U.S. embassy officials repeatedly urged senior government officials and political leaders, including the President and Prime Minister, to defend religious minorities and protect religious freedom for all, emphasizing the importance of religious minorities in the national reconciliation process. Embassy personnel met often with religious and civic leaders to foster interfaith dialogue and respect for the right of religious minorities. The U.S. government funded multiple foreign assistance programs designed to build on global best practices in interfaith and interreligious cooperation, dialogue, and confidence building.
Section I. Religious Demography
The U.S. government estimates the total population at 22.7 million (midyear 2020 estimate). The 2012 national census lists the population as 70.2 percent Buddhist, 12.6 percent Hindu, 9.7 percent Muslim, and 7.4 percent Christian. According to census data, the Theravada Buddhist community, which comprises nearly all the country’s Buddhists, is a majority in the Central, North-Central, Northwestern, Sabaragamuwa, Southern, Uva, and Western Provinces.
Most Sinhalese are Buddhist. Tamils, mainly Hindu with a significant Christian minority, constitute the majority in the Northern Province and represent the second largest group, after Muslims, in the Eastern Province. Most Muslims self-identify as a separate ethnic group, rather than as Tamil or Sinhalese, but are Tamil-speaking. Tamils of Indian origin, who are mostly Hindu, have a large presence in the Central, Sabaragamuwa, and Uva Provinces. Muslims form a plurality in the Eastern Province, and there are sizable Muslim populations in the Central, North-Central, Northwestern, Sabaragamuwa, Uva, and Western Provinces. Christians reside throughout the country but have a larger presence in the Eastern, Northern, Northwestern, and Western Provinces, and a smaller presence in Sabaragamuwa and Uva Provinces.
Most Muslims are Sunni, with small Sufi, Ahmadi, and Shia, including Dawoodi Bohra, minorities. According to government statistics, an estimated 81 percent of Christians are Roman Catholic. Other Christian groups include the Church of Ceylon (Anglicans), the Dutch Reformed Church, Methodists, Baptists, Assembly of God, Pentecostals, The Church of Jesus Christ of Latter-day Saints, and Jehovah’s Witnesses. Christian evangelical and nondenominational Protestant groups have grown in recent years, although there are no reliable estimates of their numbers. According to the government, membership remains low compared with the larger Christian community. There is a small Jewish population living in different parts of the country.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
According to the constitution, every person is “entitled to freedom of thought, conscience, and religion,” including the freedom to choose a religion. The constitution gives citizens the right to manifest their religion or belief in worship, observance, practice, or teaching, both in public and in private. The constitution accords Buddhism the “foremost place” among the country’s religious faiths and requires the government to protect it, although it does not recognize it as the state religion. According to a 2003 Supreme Court ruling, the state is constitutionally required to protect only Buddhism, and other religions do not have the same right to state protection. The same ruling also holds that no fundamental right to proselytize exists or is protected under the constitution. In 2017, the Supreme Court determined the right to propagate one’s religion is not protected by the constitution.
The law recognizes four religions: Buddhism, Islam, Hinduism, and Christianity. There is no registration requirement for central religious bodies of these four groups. New religious groups, including groups affiliated with the four recognized religions, must register with the government to obtain approval to construct new places of worship, sponsor religious worker (missionary) visas/immigration permits, operate schools, and apply for subsidies for religious education. Religious organizations may also seek incorporation by an act of parliament, which requires a simple majority and affords religious groups state recognition.
The government adheres to a 2008 ministerial circular, introduced by the Ministry of Buddha Sasana, Religious, and Cultural Affairs (Ministry of Buddha Sasana), the cabinet ministry responsible for oversight of what the constitution describes as the country’s foremost religion, Theravada Buddhism, requiring all groups, regardless of their religion, to receive permission from the ministry to register and construct new places of worship. A 2017 Supreme Court ruling upholds the registration requirements. In 2018, the Ministry of Buddha Sasana ruled that the 2008 circular on registration and construction of religious facilities only applied to Buddhist religious sites.
Starting in 2020, specific noncabinet departments under the Ministry of Buddha Sasana are responsible for addressing the concerns of each major religious community. The Prime Minister heads this ministry. Previously, individual cabinet ministries handled religious affairs with each of the four recognized religions.
Religion is a compulsory subject at the primary and secondary levels in public and private schools. Parents may elect to have their children study Buddhism, Islam, Hinduism, or Christianity, provided enough demand (at least 15 students) exists within the school for the chosen subject. Students may not opt out of religious instruction even if instruction in their religion of choice is not available, or if they do not choose any religion. All schools teaching the Sri Lankan Ordinary Level syllabus, including private schools founded by religious organizations, must use the Ministry of Education curriculum on religion, which covers the four main religions and is compulsory for the General Certificate Education Ordinary Level exams (equivalent to U.S. grade 10). International schools not following the Sri Lankan Ordinary Level syllabus are not required to teach religious studies.
Matters related to family law, including divorce, child custody, and property inheritance, are adjudicated either under customary law of the ethnic or religious group in question or under the country’s civil law. According to the 1951 Muslim Marriage and Divorce Act, Islamic personal law governs marriages and divorces of Muslims, while civil law applies to most property rights. In the Northern Province, civil law governs marriages, while the Thesawalamai (Tamil customary law) often governs the division of property. For some Sinhalese, Kandyan personal law (based on the traditions of the Sinhalese Kandyan kingdom that proceeded British colonial rule) governs civil matters, such as inheritance issues, and works within the caste system. Civil law governs most marriages of Sinhalese and Tamils of various religions, including mixed marriages or those of individuals who state no religious affiliation. Religious community members report practices vary by region, and numerous exceptions exist.
The Muslim Marriage and Divorce Act of 1951 does not stipulate a minimum age for marriage, permitting Islamic religious court judges to allow children as young as 12 to be married. Written consent from the bride is not required. The religious marriage ceremony and marriage registration do not have to take place concurrently, which can complicate divorce and child support cases.
There is no national law regulating ritual animal sacrifice, but there are laws prohibiting animal cruelty that are used to prevent religious ceremonies involving animal sacrifice.
The country is a party to the International Covenant on Civil and Political Rights (ICCPR). The country’s ICCPR Act, which is designed to incorporate the international covenant into domestic law, criminalizes propagating or advocating religious or racial hatred. Punishment ranges from fines to up to 10 years’ imprisonment.
Government Practices
In his February 24 report to the UN Human Rights Council, UN Special Rapporteur on Freedom of Religion or Belief Shaheed said that during his 2019 visit to Sri Lanka, he observed that “significant gaps exist, particularly in upholding accountability and access to justice as well as ensuring non-recurrence of human rights violations.” He said that, despite Sri Lanka’s civil war ending over a decade ago, “Reverberations of the ethnic conflict remain apparent in the political, social and economic life of the country and impact the enjoyment of human rights, including the right to freedom of religion or belief.” Shaheed stated that religious minorities also faced restrictions in the manifestation of their religion or belief, such as proselytization, conversion, and building of places of worship in addition to numerous incidents of violent attacks. He noted the importance of analyzing and identifying the root causes of religious intolerance and tensions that lead to violations of freedom of religion or belief to better address these challenges.
NCEASL said evangelical Christian groups continued to report that police and local government officials were complicit in the harassment of religious minorities and their places of worship. Christian groups said officials and police often sided with the religious majority. NCEASL said police often attempted to coerce Christians into signing statements absolving those harassing them and accused them of breaching the peace if they filed complaints about police behavior.
According to police, 2,299 individuals were arrested in the aftermath of the 2019 Easter Sunday attacks that targeted Christian churches and luxury hotels, killing 268 persons, including five U.S. citizens, and injuring more than 500. As of December, the government’s investigation continued and 135 suspects remained in custody, including three men charged by the United States with providing material support to a designated foreign terrorist organization (ISIS). Hejaaz Hizbullah, a Muslim lawyer, was arrested in April under the Prevention of Terrorism Act. The government publicly stated that Hizbullah was arrested because of his interactions with the bombers and their family, though he was never charged. He was being held without bail at year’s end. Civil society regularly engaged the international community on his behalf and NGOs and diplomatic missions called upon the government to grant Hizbullah due process under the law.
According to NCEASL, on September 17, a plainclothes officer from the Criminal Investigation Department attached to the Gampola police station visited the Foursquare Church in Nawalapitiya, Kandy District, and questioned the pastor regarding the registration status, number of congregants, and locations of all churches in the fellowship. He told the pastor that he collected details in accordance with an unspecified government circular.
According to Christian, Hindu, and Muslim civil society groups, incidents of increased monitoring often occurred in concert with harassment by local Buddhist monks and Buddhist nationalist organizations.
According to members of Christian groups, local authorities sometimes demanded their groups stop worship activities or relocate their places of worship outside the local jurisdiction, ostensibly to maintain community peace. Local police and government officials reportedly continued to cite a government circular, revoked by the Ministry of Buddha Sasana in 2012, requiring places of worship to obtain approval to conduct religious activities. Police also reportedly cited a 2008 circular on the construction of religious facilities when they prohibited, impeded, or closed Christian and Muslim services and places of worship. According to some legal experts, however, there was no explicit basis in national law for such a requirement.
According to NCEASL, on January 18, a mob of approximately 150 individuals arrived at the King of Kings Gospel Church in Kalawanchikudy and demanded that the pastor stop conducting his religious worship activities in the village and close the church. The mob included members of the local government and a Hindu priest. The pastor went to the Kalwanchikudy Police Station on January 25 for an inquiry, where the senior officer there spoke in favor of the pastor, defending his religious rights and reiterating his freedom to conduct his religious activities. The senior officer further warned the others against harassing the pastor and said that he would place them all under arrest if they continued to cause trouble in the future.
On February 10, according to NCEASL, the pastor and nine congregants of Good Shepherd Church at Sri Nissankamallapura met with local police, government officials and 12 Buddhist monks. The government officials and the monks demanded that the pastor stop religious activities immediately, reportedly saying Christians would not be tolerated in the village. The pastor refused and challenged them to take legal action. On February 16, a group led by a Buddhist monk went to the church and admonished the pastor for not stopping his religious activities as instructed. At the pastor’s request, local police personnel provided protection to the church. When the pastor went to lodge a complaint against the monks, however, a police headquarters inspector instructed him to sign a statement affirming that he had breached the peace. When the pastor refused, the inspector threatened to place him under arrest. Police accused the pastor of disturbing the peace. His case was taken before the Manampitiya Magistrates Court on February 17 and postponed until March 16. The magistrate ordered the pastor not to invite anyone to participate in religious activities at his premises for one month and imposed a bail bond of 500,000 rupees ($2,700) if he violated the order.
Writer Shakthika Sathkumara faced a criminal hearing on September 22 for charges stemming from his 2019 publication of a short story that a group of Buddhist monks said offended Buddhism. The story referred to homosexuality and child abuse at a Buddhist temple. The monks filed charges against Sathkumara under the ICCPR Act, accusing him of propagating religious hatred. He was detained four months, released in August 2019, and filed a fundamental rights petition in October 2019 challenging the constitutionality of his arrest. At his September hearing, the court postponed his case to February 2021, pending the Attorney General’s instructions on whether to file indictments.
According to Amnesty International, on April 9, police arrested Ramzy Razeek for violating the ICCPR Act by inciting religious hatred. The charge was based on his April 2 Facebook post calling for an “ideological jihad” through social and mainstream media “to help people understand the truth” in the context of rising “hate propagated against Muslims” during the COVID-19 pandemic. According to Razeek’s lawyers, in August, the Supreme Court agreed to hear his petition challenging the constitutionality of his arrest, but no date had been set for a hearing by the end of the year. On September 17, the Colombo High Court granted him bail on medical grounds.
On October 18, newspapers reported that police arrested a woman on charges of “spreading hate” between Buddhists and Catholics after she posted a video criticizing Catholic Cardinal Malcolm Ranjith of Colombo. The status of her case was unknown at year’s end.
On October 21, the Colombo High Court granted bail to BBS general secretary Galagoda Aththe Gnanasara Thero, who was charged with denigrating the religious beliefs of Muslims following statements he made in 2016 at the Kuragala Raja Maha Vihara Temple. Further proceedings of the trial, set for November 24, were postponed, and Gnanasara Thero remained free on bail at year’s end.
On August 18, the Mahiyanganaya Magistrate Court dismissed a 2019 case against a woman for wearing clothing decorated with the logo of a ship’s wheel, described as a Buddhist dharma chakra. She had been charged under the ICCPR Act for propagating religious hatred.
During the year, there were no prosecutions for the May 2019 anti-Muslim violence that led to the death of one Muslim and attacks on mosques and Muslim-owned homes and businesses. By year’s end, the government had not fully compensated owners for property damage they sustained during the violence across Northwestern Province.
According to a NCEASL report, on February 23, while a worship service was underway at Bethany Church in Tangalle, a group of approximately 100 individuals, including one Buddhist monk, forcibly entered the premises and questioned the legality of the place of worship. The group threatened the Christians, and one individual grabbed the pastor by his throat. They demanded that the Christians leave the village and never return and threw stones at the building, damaging the roof. Police arrived and insisted that the pastor and Christian congregants leave the church before dispersing the mob. The police inspector in charge said he had warned the pastor against conducting worship activities and accused him of breaching the peace. In response, the pastor said it was the mob who had breached the peace and that he had the right to conduct worship there. NCEASL said there were no arrests in this case.
Despite a public awareness campaign by the Department of Christian Religious Affairs underway since 2016 to encourage local congregations of nondenominational groups to register as religious organizations, the government had not registered any new groups by year’s end. According to some nondenominational groups, government officials threatened them with legal action if they did not register, but the process dragged on indefinitely if they tried to register. Instead, unregistered Christian groups continued to incorporate as commercial trusts, legal societies, or NGOs to engage in financial transactions, open bank accounts, and hold property. Without formal government recognition through the registration process, however, nondenominational churches said they could not sponsor religious worker visas for visiting clergy and faced restrictions on holding meetings or constructing new places of worship.
According to Christian groups, they experienced two major difficulties in complying with local officials’ registration requirements. First, rural congregations often could not obtain deeds to land due to the degradation of hard-copy Land Registry documentation and incomplete land surveys. Second, without the consent of the local community or the local Buddhist temple, local councils often opted not to approve the construction of new religious buildings. Church leaders said they repeatedly appealed to local government officials and the ministry responsible for religious affairs for assistance, with limited success.
On June 1, President Rajapaksa issued an official notification in the government gazette that created a 12-member Presidential Task Force for Archaeological Heritage Management in the Eastern Province composed exclusively of Sinhalese Buddhists and headed by Secretary of Defense Kamal Gunaratne. The task force’s mandate was to conduct archaeological site surveys in the heavily Tamil and Muslim Eastern Province, and to recommend measures to preserve religious heritage. The task force included six Buddhist monks but no representatives from other religious communities, despite the multiethnic nature of the province. On August 19, President Rajapaksa added four more monks to the task force, including two general secretaries of the Asgiriya and Malwatte chapters, the two main Buddhist sects in the nation, despite civil society and political leaders’ repeated calls for the inclusion of minority representatives.
Media reported that in June, an archeological task force surveyed 40 acres around the Muhudu Maha Viharaya in Pottuvil, Ampara District and evicted approximately 400 Muslim residents from land their families had inhabited since the colonial era. Tamil activists reported that in September, a Buddhist monk from Arisimalai, who was a member of the task force, threatened a group of Tamil farmers in the Thiriyai area in the Kuchchaveli Divisional Secretary’s Division in the Trincomalee District and prevented them from engaging in cultivation of more than 1,000 acres, including 400 acres without private deeds or government permits that had been cultivated by farmers for many decades. According to lawyers involved in the cases, by the end of the year, more than 40 Tamil and Muslim farmers had filed cases against the expulsions from their traditional lands. All cases remained pending at year’s end.
On August 20, presenting the government’s policy speech at the inaugural session of parliament, President Rajapaksa pledged to “protect and nurture the Buddha Sasana” and explained that he had established an advisory council of leading Buddhist monks to seek advice on governance. He also highlighted the Presidential Task Force for Archaeological Heritage Management, saying that it had been established to protect places of archaeological importance and to preserve the Buddhist heritage. He said that by “ensuring priority for Buddhism… the freedom of any citizen to practice the religion of his or her choice is better secured.” Tamil and Muslim activists in the Eastern Province predicted that the Task Force for Archaeological Heritage Management would use its authority to claim locations that possess ancient Buddhist relics as a pretext to force minorities off their lands.
Civil society groups and local politicians continued to state the military sometimes acted outside its official capacity and aided in the construction of Buddhist shrines in predominantly Hindu and Muslim areas, although there were few reports of this practice during the year due to movement restrictions imposed because of the COVID-19 pandemic. Reports published by various civil society groups indicated security forces involved in constructing Buddhist religious sites continued to cite archeological links in places where there were no Buddhist populations.
In January, the army completed construction of a Buddhist vihara (shrine) in Valikamam North on privately owned land occupied by the army and designated as a “high security zone” during the war. Journalists reported that residents lodged complaints with the Valikamam North divisional council regarding construction of the vihara, but the council did not have jurisdiction over military-controlled lands.
On March 8, student groups reported that a Buddhist vihara had been dedicated on Jaffna University’s Killinochchi Campus, whose student body is mostly Hindu. Students protested the rushed manner in which the vihara was constructed, in contrast with a Hindu temple and Christian church on the university grounds that had been abandoned with no renovations planned.
On July 10, newspapers reported that Buddhist monk Ellawala Medhananda, a member of the Presidential Task Force for Archaeological Heritage Management, said that up to 2,000 sites in the Eastern Province would be subject to examination, including in forests across Ampara, Batticaloa and Trincomalee. He specifically noted that if Buddhist artifacts were found at the historic Koneswaram Hindu Temple, they should be protected. Civil society groups said the effort was a Sinhala Buddhist land grab in the historically Tamil and Muslim province.
On October 9, the Vavuniya Magistrate Court granted bail to the administrators of the ancient Hindu Vedukkunari Hill Temple after local police and Archeology Department officials filed a case against them for damaging the temple, which had been declared a Buddhist archaeological site, by holding a Hindu festival there in September. At a November 6 hearing, the case was postponed until 2021. However, at the request of the lawyer representing the Archaeology Department and police, the court rescheduled the hearing to December 11. Because the temple administration was not aware of the change of date and missed the hearing, the magistrate revoked bail and issued an arrest warrant for the administrators of the temple. At year’s end, temple administrators remained at large, despite the arrest warrant.
Also in October, the mostly Hindu residents of Delft Island in Jaffna protested an effort of Jaffna-based Buddhist monks and Archaeology Department officials, who said that a Vedi Arasan fortress in Delft belonged historically to a Tamil Buddhist king. Monks also surveyed the area with the Archaeology Department using a drone camera.
According to press reports, on September 24, at the request of Buddhist monk Thilakawansa Nayaka, the Archaeology Department seized 358 acres of land between Panikkanvayal and Thennamaravadi in Trincomalee, including fields belonging to Tamil farmers. The farmers reported that Civil Defense Force guards posted at the site prevented them from cultivating their land and that monks had begun to build a Buddhist shrine at the site to prevent any alternative use for the land.
The Jehovah’s Witnesses community said it continued to have difficulty obtaining approval to build houses of worship. Local government officials cited the 2008 circular and forwarded all new Kingdom Hall construction applications to the Ministry of Buddha Sasana, Department of Christian Affairs. According to Jehovah’s Witnesses, during the year, the ministry again did not issue any approvals for building applications. Older applications, such as those submitted in 2015 to build houses of worship in Pugoda and Nattandiya, remained pending at year’s end.
During a July 24 meeting with the Buddhist Advisory Council, President Rajapaksa appointed a committee of Maha Sangha (senior Buddhist clergy) to study the Antiquities Ordinance and recommend amendments to strengthen the preservation of antiquities and national heritage. During this meeting, the Maha Sangha requested the President transfer cases relating to artifacts and historic places in the predominantly Hindu and Muslim Northern and Eastern Provinces to courts in Colombo.
On September 28, the cabinet announced it would amend national and local legislation to ban cattle slaughter, saying that such a ban would help the dairy industry and save money used to purchase imported milk powder, but by year’s end, the government had taken no action to introduce the ban for consideration by parliament.
In March, the MOH made cremation compulsory for all COVID-19 victims, thereby denying Muslims who died from the virus the Islamic tradition of burying the dead. International media reported that Muslims who had lost relatives due to COVID-19 described a traumatic rush by police and health authorities to cremate the bodies of their loved ones. Many family members said they were not provided a copy of the test results showing that their loved ones had tested positive, and that hospital officials refused their pleas to conduct second tests. Human rights activist Shreen Shahor told The Guardian, “The way (the government) is treating the Muslim community during this pandemic is clear-cut racism. The community is being forced to abandon their own dead in order to protect (others’) beliefs and traditions. There is not even a scientific justification for them being denied dignity in death.”
On April 8, four UN special rapporteurs, including the Special Rapporteur for Freedom of Religion or Belief, in addition to the Muslim Council of Sri Lanka (MCSL), wrote President Rajapaksa requesting the government reconsider its policy, in light of WHO COVID-19 guidelines that permitted either burial or cremation. The UN letter also stated that MOH guidelines were not sensitive to the religious and cultural practices of different communities. Similarly, the MCSL published a letter to the President on April 8 that highlighted WHO guidelines permitting burial. “Over 182 countries…have permitted (relatives) to bury or cremate the dead bodies of those infected with COVID-19,” MCSL stated. Also in April, the Government Medical Officers Association published a letter calling for the President to convene a panel of experts to examine the issue. On April 11, the MOH issued revised guidelines with no further explanation, reiterating that cremation was mandatory for COVID-19 victims of all faiths. In May, the two major Muslim political parties, the SLMC and the ACMC, as well as several civil society activists, filed petitions with the Supreme Court challenging the government’s COVID-19 cremation policy. By year’s end, the court had not heard the petitions to determine if the cases had standing to proceed. In a November 4 open letter, the Independent Permanent Human Rights Commission of the Organization of Islamic Cooperation expressed deep concerns about the country’s policy of mandatory cremation for COVID-19 victims.
In November, Health Minister Wanniarachchi informed parliament that the government had appointed a committee to investigate the burial issue. Media reports that month said that Prime Minister Mahinda Rajapaksa had agreed to allow Muslim burials for COVID-19-related deaths and had asked health authorities to identify appropriate areas to use. In December, however, the Supreme Court refused to hear a petition against the mandatory cremation practice, separate from the SLMC and ACMC petition, filed by 11 Muslim and Christian activists. The petitioners said the practice violated their freedom of religion and their fundamental rights under the constitution. At year’s end, the government’s policy of mandatory cremation for all COVID-19 victims remained in force.
Although religious education remained compulsory in state-funded schools, not all schools had sufficient resources to teach all four recognized religions, and according to civil society groups, some students were required to study religions other than their own. Government schools frequently experienced a shortage of teachers, sometimes requiring available teachers to teach the curriculum of a faith different from their own.
Religious schools continued to receive state funding for facilities and personnel and to fall under the purview of the central government and/or the provincial ministry of education. The National Christian Council of Sri Lanka reported several dozen cases of schools refusing students admission on religious grounds during the year, even though the law required government and private schools receiving government funding, some religiously affiliated, to accept students of all faiths.
Religious rights advocates said that across all religious groups, traditional leaders charged with adjudication of religious law were poorly or completely untrained and issued inconsistent or arbitrary judgments.
Section III. Status of Societal Respect for Religious Freedom
Because religion, language, and ethnicity are closely linked, it was difficult to categorize most incidents of harassment or discrimination as being solely based on religious identity.
According to civil society groups, social media campaigns targeting religious minorities fueled hatred. According to press reports and civil society, Buddhist nationalist groups such as the BBS continued to promote the supremacy of the ethnic Sinhalese Buddhist majority and denigrated religious and ethnic minorities, especially in social media. These groups said authorities did not act against those inciting hatred against the Muslim and Tamil community.
According to an NGO report examining online hate speech between March and June, 58 percent of online hate speech in all national languages (Sinhala, Tamil, and English) attacked Muslims or Islam on a variety of grounds, 30 percent targeted Christians, and less than 5 percent attacked Tamils or Hinduism. Of the Sinhala-language posts surveyed, 79 percent attacked Muslims or Islam. Of the Tamil-language posts, 46 percent attacked Christians of Tamil ethnicity and 35 percent attacked Muslims or Islam.
At a hearing in January, 76 medical staff submitted statements claiming knowledge of forced sterilizations of Sinhala women carried out by Muslim doctor Siyabdeen Shafi over several years. A medical expert review of the evidence for the sterilization claims, ordered in 2019, remained pending. Shafi was arrested for suspicious accumulation of wealth and released in 2019. He was investigated further after a social media campaign accused him of the sterilizations. He was not charged with any crimes, however. At the request of police, a magistrate will continue the case until March 2021.
Muslim civil society activists described a “vast outpouring” of anti-Muslim hate speech on social media and in parts of the broadcast and print media related to the COVID-19 pandemic. According to Human Rights Watch, in April and May, there were calls on social media to boycott Muslim businesses and false allegations of Muslims spreading COVID-19 deliberately that authorities did not adequately refute. On April 12, in a letter addressed to the acting inspector general of police, several Muslim groups, including the Muslim Council of Sri Lanka and the Colombo District Mosques’ Federation, sought investigations into “the continued hate-mongering against the Muslim community” during the COVID-19 pandemic.
On November 10, commenting on reports that the government was considering allowing the burial of Muslim COVID-19 victims, media reported BBS leader Galagoda Aththe Gnanasara Thero blamed “Wahhabi groups infiltrating society” for the political debate surrounding the issue.
NCEASL documented 50 cases of attacks on churches, intimidation of and violence against pastors and their congregations, and obstruction of worship services during the year, compared with 94 cases in 2019. Human rights activists attributed the lower number of incidents to pandemic-related lockdowns and prohibitions on public gatherings.
According to NCEASL, on January 19, congregants of an Assemblies of God church in Divulapitiya, Gampaha District were accosted on their way to Sunday service by 40 persons led by eight Buddhist monks who verbally abused them with obscene language and took their photographs. The monks also assaulted one female congregant physically. When the congregants complained, police officers defused the situation but made no arrests, and the senior officer present admonished the pastor for continuing her worship activities. The pastor lodged a complaint at the Divulapitiya Police Station. On the same day, some individuals threw stones at the church, targeting the closed-circuit television cameras. There was no follow-up on this case by year’s end.
According to NCEASL, on February 2, a Christian worship service in Inhala Yakkure in Polonanaruwa District was disrupted by a mob of approximately 150 individuals led by four Buddhist monks. The crowd demanded an end to the service and threatened violence if it continued. Police were called and allowed the pastor to conclude the service. Afterwards, however, the Buddhist monks attempted to assault the pastor, and were stopped by the police. The monks said that the pastor needed to register his place of worship with the proper authorities and that the activities at the church were illegal. Later that day, the pastor, accompanied by his wife, son, and a few others, visited the village of a family of parishioners who had been previously threatened by the monks. As they were leaving their vehicles, they were reportedly accosted by a second group of approximately 50 individuals, including three Buddhist monks, who blocked the road with logs and physically assaulted the pastor’s son and the other Christians. On February 3, five persons were detained by police in connection with the incident, but not the monks involved. No charges were filed in the case.
Jehovah’s Witnesses continued to report incidents of discrimination and abuse. On March 17, Jehovah’s Witnesses reported that Angmaduwe Vimala Himi, chief monk of the Weralugahamulla Temple, with a group of followers, approached four female Jehovah’s Witnesses. The monk and his followers verbally abused the women and beat them with a cane. They seized religious literature from one of the women and burned it, while issuing threats to all of them against returning, saying they would “face worse.” One of the women was hospitalized after the attack. On the same day, the same monk and a group of his followers confronted another group of Jehovah’s Witnesses, confiscated their literature, and assaulted them, resulting in the hospitalization of two. Jehovah Witnesses filed complaints in both instances, which remained pending at year’s end.
On October 23, police reported that the attorney general would be filing a complaint against Buddhist monks accused of leading a mob that assaulted three female Jehovah’s Witnesses in 2013. The women had been tied to a tree by the mob, struck, and verbally assaulted. When the incident was first reported to police, the mob stormed the local police station and assaulted the officers there. In the years since the attack, the victims continued to press police to take action, and the monks involved were identified.
On September 7, the case of a February 2019 assault on four Jehovah’s Witnesses in Adikarimulla, Divulapitiya, was brought before the Minuwangoda magistrate, who issued warrants for the two men accused of the attack. They remained at large at year’s end. Jehovah’s Witnesses said they viewed the action by the magistrate as a positive development but said the delays in getting trials started and heard to completion denied many Jehovah’s Witnesses access to justice. Multiple other cases from previous years involving assaults on Jehovah’s Witnesses remained pending at year’s end.
According to representatives of a Sufi Muslim community of approximately 10,000 based in the Eastern Province town of Kathankudy, there were no incidents against them during the year. They said they felt secure, since public attention on Sufi relations with conservative Wahhabi-inspired Sunni Muslims had waned since the Easter Sunday bombing, and government scrutiny of the Wahhabis had increased.
Civil society organizations continued efforts to strengthen the ability of religious and community leaders to lead peacebuilding activities through district-level interreligious reconciliation committees consisting of religious and civic leaders and laypersons from different faith traditions and ethnicities. The NGO National Peace Council of Sri Lanka created the committees in 2010 following the end of the civil war between the predominantly Buddhist Sinhalese majority and the primarily Hindu and Christian Tamil minority.
According to NCEASL, the number of Christian groups worshipping in “house churches” continued to grow.
Section IV. U.S. Government Policy and Engagement
The Ambassador and embassy officers emphasized the need for respect for and inclusion of ethnic and religious minorities as part of the postconflict reconciliation process, during meetings with the President, Prime Minister, cabinet ministers, and other officials holding religious portfolios. During his October 28 visit to Sri Lanka, the Secretary of State laid a wreath at the Catholic Shrine of St. Anthony, one of the sites of the 2019 Easter Sunday suicide bombings.
Embassy and visiting Department of State officials met with government officials to express concern about harassment of and government and societal discrimination against members of religious minority groups and to urge the government to reverse the policy mandating cremation for victims of COVID-19.
The Ambassador promoted religious freedom through private diplomatic advocacy and in public statements and speeches, including her January 16 statement for world Religious Freedom Day in which she highlighted how the United States and Sri Lanka shared “a long tradition of religious liberty and diversity.” She added, “The freedom to profess one’s own faith is innate to the dignity of every person,” and, “We will continue to advocate for the right to worship freely and protect those persecuted for their faith.” In a June 11 tweet, the Ambassador encouraged the government to adhere to its commitments under the Universal Declaration of Human Rights (UDHR), noting that the UDHR recognizes that everyone has the right to freedom of thought, conscience, and religion and that the United States adopted the UDHR in 1948 and Sri Lanka in 1955. The Ambassador urged Sri Lankans to work with the United States to “ensure this right is a reality.” In a November 10 speech at the Pathfinder Foundation Indian Ocean Security Conference, the Ambassador highlighted that the United States is a champion for “human rights, religious freedom, and democratic ideals, as enshrined in international instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,” and she urged “all nations to join us in upholding these commitments.”
Embassy and visiting Department of State officials met with Muslim, Christian, Buddhist, and Hindu civil society and religious leaders to understand the views of the communities they represent, the challenges they faced, including government and societal discrimination and the COVID-19 cremation policy, and to identify ways their communities could help diffuse ethnic tensions.
Throughout the year, the Ambassador offered public greetings, including on social media, and participated in person or virtually in celebrations of the country’s many religious holidays, including Thai Pongal in January, Eid al-Fitr in May, Deepavali in November, and Hanukkah and Christmas in December.
The embassy supported multiple reconciliation projects that identified and resolved local grievances, built empathy and understanding among religious groups, and supported government reconciliation efforts. The embassy led ongoing tolerance and unity programs in cultural centers. Embassy representatives supported the work of civil society organizations in strengthening the capacity of religious and community leaders by fostering peacebuilding activities through district-level interreligious reconciliation committees. Through the National Peace Council, the U.S. government funded multiple foreign assistance programs designed to build on global best practices in interfaith cooperation, dialogue, and confidence building.
Syria
Executive Summary
The constitution declares the state shall respect all religions and shall ensure the freedom to perform religious rituals as long as these “do not disturb the public order.” There is no official state religion. Sectarian violence continued due to tensions among religious groups that, according to nongovernmental organization (NGO) and media sources, was exacerbated by government actions, the deterioration of the economy, and the broader ongoing conflict in the country. At year’s end, more than half of the country’s prewar population was displaced, including 6.6 million internally displaced persons (IDPs) and approximately 5.6 million refugees. Government and progovernment forces continued major aerial and ground offensives initiated in 2019 to recapture areas of the northwest of the country, killing more than 1,000 civilians and forcing nearly one million people to flee prior to the brokering of a ceasefire in March that largely held through the remainder of the year. The government, with the support of its Russian and Iranian allies, continued to commit human rights abuses and violations against its perceived opponents, the majority of whom, reflecting the country’s demographics, were Sunni Muslims, as well as widespread destruction of hospitals, homes, and other civilian infrastructure. The Syrian Network for Human Rights (SNHR) reported at least 1,882 arbitrary detentions during the year and documented at least 149,361 Syrians who were detained or forcibly disappeared between 2011 and December, the vast majority of whom were disappeared by the Assad regime and remained missing. The government continued to use Law No. 10, which allows for creating redevelopment zones across the country designated for reconstruction, to reward those loyal to the government and create obstacles for refugees and IDPs who wished to claim their property or return to their homes. The majority of the population is Sunni Muslim, but the Alawi minority continued to hold an elevated political status disproportionate to its numbers, particularly in leadership positions in the military and security services. A March study by the Malcolm H. Kerr Carnegie Middle East Center (Carnegie Middle East Center) noted that all of the top 40 posts in the armed forces were held by Alawites. In a joint paper, the Middle East Institute and NGO Etana stated that there are 31 percent fewer Christians and 69 percent fewer Shia Muslims in the country’s southwest than when the Syrian conflict began. Membership in the Muslim Brotherhood or “Salafist” organizations remained illegal and punishable with imprisonment or death.
The United Nations Independent International Commission of Inquiry (COI) reported that it had reasonable grounds to believe some Turkish-supported Syrian armed opposition groups (TSOs) committed abuses that may have amounted to war crimes, including torture, rape, hostage-taking, looting, and appropriating private property, particularly in Kurdish areas, as well as vandalizing of Yezidi religious sites in areas under their control. The COI, human rights groups and media organizations reported multiple firsthand accounts of killings, kidnappings, arbitrary detentions, and torture of civilians; the desecration and looting of minority religious and cultural sites; and the looting and seizure of private properties in and around Tel Abyad and Ras al-Ayn. Community representatives, human rights organizations such as the NGO Syrians for Truth and Justice, and documentation-gathering groups reported victims of TSO abuses were often of Kurdish or Yezidi origin. The Wilson Center reported in September that ISIS was responsible for 640 attacks in the country from October 2019 through June, often targeting civilians, persons suspected of collaborating with security forces, and groups that ISIS deemed to be apostates. Despite ISIS’s territorial defeat, media and NGOs reported its extremist ideology remained a strong presence in the country. In the northeast, formerly the stronghold of the ISIS caliphate, thousands of former ISIS members and their family members were being held either in detention centers or were living in the closed al-Hol camp at year’s end. Many former victims of ISIS remained missing.
Christians reportedly continued to face discrimination and violence at the hands of violent extremist groups. NGOs reported social conventions and religious proscriptions continued to make conversions – especially Muslim-to-Christian conversions, which remained banned by law – relatively rare. These groups also reported that societal pressure continued to force converts to relocate within the country or to emigrate in order to practice their new religion openly. The state news agency SANA reported that Adnan al-Afiyuni, the Sunni mufti for Damascus Province, was killed when a bomb planted in his car exploded in the town of Qudssaya. International observers considered al-Afiyuni to be close to President Bashar Assad.
The President and Secretary of State of the United States continued to state that a political solution to the conflict must be based on UN Security Council Resolution 2254 and respect for the human rights of the country’s citizens, including the right to religious freedom. The Secretary of State continued to work with the UN Special Envoy for Syria, members of the opposition, and the international community to support UN-facilitated, Syrian-led efforts in pursuit of a political solution to the conflict that would safeguard the religious freedom of all citizens.
Section I. Religious Demography
The U.S. government estimates the total population at 19.3 million (midyear 2020 estimate). At year’s end, more than half of the country’s prewar population was displaced; there were approximately 5.6 million refugees registered with the Office of the UN High Commissioner for Refugees in neighboring countries as well as 6.6 million IDPs. Continued population displacement adds a degree of uncertainty to demographic analyses, but the U.S. government estimates 74 percent of the population is Sunni Muslim, which includes ethnic Arabs, Kurds, Circassians, Chechens, and some Turkomans. According to U.S. government estimates, other Muslim groups, including Alawites, Ismailis, and Shia, together constitute 13 percent of the population, while Druze constitute 3 percent.
The U.S. government estimates 10 percent of the population is Christian. However, there are reports that indicate that number was considerably lower – approximately 2.5 percent. Of the 1.5 million Christians who lived in the country prior to the war, it is estimated that only approximately one-third of them – or approximately 450,000 – remain. Before the civil war, there were small Jewish populations in Aleppo and Damascus, but in June, the Jewish Chronicle reported that there were no known Jews still living in Syria. There was also a Yezidi population of approximately 80,000 before the civil war.
Sunni Muslims are present throughout the country. Shia Muslims live mostly in rural areas, particularly in several majority-Shia towns in Idlib and Aleppo Governates. Twelver Shia Muslims generally live in and around Damascus, Aleppo, and Homs. The majority of Alawites live in the mountainous areas of the coastal Latakia Governorate, but they also live in the cities of Latakia, Tartous, Homs, and Damascus. The highest concentration of Ismaili Muslims is in the city of Salamiyeh, Hama Governorate.
Most Christians belong to autonomous Orthodox Churches, Eastern Catholic Churches, or the Assyrian Church of the East and other affiliated independent Nestorian Churches. Most Christians continue to live in and around Damascus, Aleppo, Homs, Hama, and Latakia, or in the Hasakah Governorate in the northeast of the country. While there were hundreds of thousands of Iraqi Christian refugees before the conflict, the majority of the Iraqi Christian population has moved to neighboring countries or returned to Iraq. Many Druze live in the Jabal al-Arab (Jabal al-Druze) region in the southern Sweida Governorate, where they constitute a majority of the local population. Yezidis previously lived in Aleppo, but now live mainly in northeast Syria areas controlled by Kurdish-led Syrian Democratic Forces (SDF).
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The legal framework described in this section remains in force only in those areas controlled by the government, and even in those areas there is often a breakdown in law and order, leaving militias, often sectarian in nature, in a dominant position. In areas of the country controlled by opposition or terrorist groups, irregular courts and local “authorities” apply a variety of unofficial legal codes with diverse provisions relating to religious freedom.
The constitution declares the state shall respect all religions and shall ensure the freedom to perform religious rituals as long as these do not disturb public order. There is no official state religion, although the constitution states “Islam is the religion of the President of the republic.” The constitution states Islamic jurisprudence shall be a major source of legislation.
The constitution states, “The personal status of religious communities shall be protected and respected,” and “Citizens shall be equal in rights and duties without discrimination among them on grounds of sex, origin, language, religion, or creed.” Citizens have the right to sue the government if they believe it violated their rights. Some personal status laws mirror sharia regardless of the religion of those involved in the case being decided.
According to law, membership in certain types of religiously oriented organizations is illegal and punishable to different degrees. This includes membership in an organization considered by the government to be “Salafist,” a designation the government associates with Sunni fundamentalism. Neither the government broadly nor the state security court has specifically defined the parameters of what constitutes “Salafist” activity. Affiliation with the Muslim Brotherhood is punishable by death or imprisonment. The law prohibits political parties based on religion, tribal affiliation, or regional interests.
The government bans Jehovah’s Witnesses as a “politically-motivated Zionist organization.”
The law restricts proselytizing and conversion. It prohibits the conversion of Muslims to other religions as contrary to sharia. The law recognizes conversion to Islam. The penal code prohibits causing tension between religious communities.
The law bars publication of content that affects “national unity and national security,” harms state symbols, defames religions, or incites sectarian strife or “hate crimes.”
By law, all religious groups must register with the government. Registered religious groups and clergy – including all government-recognized Muslim, Jewish, and Christian groups – receive free utilities and are exempt from real estate taxes on religious buildings and personal property taxes on their official vehicles.
The law regulates the structure and functions of the Ministry of Religious Endowments (Awqaf). The law provides for a Jurisprudential and Scholarly Council with the power to define what religious discourse is appropriate and the authority to fine or penalize individuals who propagate extremist thought or deviate from approved discourse. The law also charges the council with monitoring all fatwas (religious decrees) issued in the country and with preventing the spread of views associated with the Muslim Brotherhood or “Salafist” activity, including “Wahhabism.” The law concentrates a range of offices and institutions within the ministry, centralizing the government’s role in and oversight of the country’s religious affairs.
All meetings of religious groups, except for regularly scheduled worship, require permits from the government.
Public schools are officially government-run and nonsectarian, although the government authorizes the Christian and Druze communities to operate some public schools. There is mandatory religious instruction in public schools for all students, with government-approved teachers and curricula. Religious instruction covers only Islam and Christianity, and courses are divided into separate classes for Muslim and Christian students. Members of religious groups may choose to attend public schools with Islamic or Christian instruction or to attend private schools that follow either secular or religious curricula.
For the resolution of issues of personal status, the government requires citizens to list their religious affiliation. Individuals are subject to their respective religious groups’ laws concerning marriage and divorce. Per the personal status code, a Muslim man may marry a Christian woman, but a Muslim woman may not legally marry a Christian man. If a Christian woman marries a Muslim man, she is not allowed to be buried in an Islamic cemetery unless she converts to Islam and may not inherit any property or wealth from her husband, even if she converts. The law states that if a Christian wishes to convert to Islam, the presiding Muslim cleric must inform the prospective convert’s diocese.
The personal status law on divorce for Muslims is based on an interpretation of sharia implemented by government-appointed religious judges. In interreligious personal status cases, sharia takes precedence. A divorced woman is not entitled to alimony in some cases; a woman may also forego her right to alimony to persuade her husband to agree to the divorce. In addition, under the law, a divorced mother loses the right to guardianship and physical custody of her sons when they reach the age of 13 and of her daughters at age 15, when guardianship transfers to the paternal side of the family.
The government’s interpretation of sharia is the basis of inheritance laws for all citizens except Christians. According to the law, courts may grant Muslim women up to half of the inheritance share of male heirs. In all communities, male heirs must provide financial support to female relatives who inherit less.
An individual’s birth certificate records his or her religious affiliation. Documents presented when marrying or traveling for a religious pilgrimage also list the religious affiliation of the applicant. There is no designation of religion on passports or national identity cards except for Jews, who are the only religious group whose passports and identity cards note their religion.
Law No. 10, passed in 2018, allows the government to create “redevelopment zones” to be slated for reconstruction. Property owners are notified to provide documentary proof of property ownership or risk losing ownership to the state.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The government, with the support of its Russian and Iranian allies, continued to commit indiscriminate human rights abuses and violations against civilians, as well as participate in the widespread destruction of hospitals, homes, and other civilian infrastructure. According to press and NGO reporting, the government continued its widespread use of unlawful killings, attacks on civilians and destroying civilian infrastructure, enforced disappearances, torture, and arbitrary detention to punish perceived opponents, the majority of whom, reflecting the country’s demographics, were Sunni Muslims.
Some opposition groups identified themselves explicitly as Sunni Arab or Sunni Muslim in statements and publications. According to observers, these opposition groups drew on a support base made up almost exclusively of Sunnis. Some NGO sources stated that the government tried to mobilize sectarian support by branding itself as a protector of religious minorities from attacks by violent Sunni extremist groups. Other NGO sources said that some minority religious groups viewed the government as protecting them from violent Sunni extremists. A May report by the Carnegie Middle East Center stated, “The destruction during the conflict was not solely collateral damage. Its scale, nature, and consequences implied that it was used as a weapon of war to eradicate the populations of opposition areas…. Additionally, many believe the damage took place along sectarian lines, with a majority of destroyed areas being Sunni.”
The government’s counterinsurgency campaign continued to be aimed at those within the country who criticized or opposed the government, the majority of whom are Sunni and whom the government described as violent extremists. There were continued reports that in its efforts to retake opposition-held areas, the government targeted civilian centers in towns and neighborhoods, which, due to prevailing demographics, were inhabited by a majority Sunni population. From December 2019 to early March 2020, the government, with the support of its Russian allies, launched a large-scale military attack in Idlib Governate that killed hundreds of civilians as well as several dozen Turkish military personnel deployed in Idlib. The United Nations estimated that nearly one million persons were forced to leave their homes and that entire areas were left depopulated. The assault, which involved the use of heavy weapons, devastated the civilian infrastructure and exacerbated an already dire humanitarian situation. Syrian and Russian airstrikes repeatedly struck civilian sites, including hospitals, markets, schools, settlements for internally displaced persons, and farms, many of which were included in UN deconfliction lists, a status meant to exempt them from military targeting. Turkey reinforced its military position in Idlib to halt the offensive, and on March 5, Russia and Turkey agreed to a ceasefire that included joint patrols and that largely held for the remainder of the year.
The attacks in Idlib resulted in the destruction of several mosques. For example, on March 2, government forces shelled the Othman Bin Affan Mosque in Balyoun village, in the Jabal al-Zaweya area of Idlib Governorate, partially destroying the building, according to the SNHR.
The SNHR reported at least 1,882 arbitrary detentions during the year and documented at least 149,361 individuals who were detained or forcibly disappeared between 2011 and December, the vast majority of whom were disappeared by the Assad regime and remained missing.
Media and NGOs continued to report that government forces continued to detain, torture, and kill citizens in connection with their political dissent and expression of opinions despite the right to freedom of opinion and expression being protected by the constitution and international law. The SNHR estimated the government and progovernment militias arbitrarily detained approximately 900 citizens during the year, including those associated with NGOs, human rights activists, journalists, relief workers, religious figures, and medical providers. The Syria Justice and Accountability Center reported government forces operated with impunity, while systematic, officially sanctioned torture continued. According to the SNHR, since 2011, more than 14,300 persons have died from torture in government custody. During the year, government forces were reportedly responsible for 157 deaths by torture. As was the case with others who previously died in government custody, most were Sunni Muslims, whom analysts stated the government targeted believing they were members of the opposition or likely to support the opposition.
According to a March Freedom House Report, individuals living in government-held territory increasingly exposed corruption among local officials and among the government’s business allies and security services. The Freedom House report stated that the government harassed and detained those who did so, and that the government and loyalist militias punished Sunni Arab civilians more harshly than Alawites.
A July 24 Middle East Institute report stated that during the parliamentary elections in summer 2020, the Baath Party announced the list of candidates for different governorates and removed the name of at least one Christian candidate, justifying the change by stating that a Christian representative was not needed because there were no Christians left in Idlib.
The government continued to use Law No. 10 of 2018 to reward those loyal to the government and create obstacles for refugees and IDPs to claim their property and return to their homes. According NGO reports, since the law’s enactment, the government has replaced residents in former opposition-held areas with more loyal constituencies, including by allowing only religious institutions submissive to government control to operate in those areas. These reports stated that the government’s policies disproportionately impacted Sunni populations. One U.S.-based NGO described the law as part of the government’s attempt to legalize demographic change and stated, “It is unlikely that displaced citizens will ever see their property again.” In response to a conference focused on refugees hosted by the government in November, the SHNR released a statement that said that Law No. 10 and other legislation “constitute a major obstacle to the return of refugees and IDPs, amounting to enforced evictions and to an effort to manipulate demographics and social structures” of the country.
According to human rights groups and religious communities, the government continued to monitor and control sermons and to close mosques between prayers. It also continued to monitor and limit the activities of all religious groups, including scrutinizing their fundraising and discouraging proselytizing.
Despite the relatively small indigenous Shia community in the country, Shia religious slogans and banners remained prominent in Damascus, according to observers and media reports. In addition, Hizballah and other pro-Iran signs and banners remained prevalent in some government-held areas.
According to experts, religion remained a factor in determining career advancement in the government. The Alawite minority continued to hold an elevated political status disproportionate to its numbers, particularly in leadership positions in the military and security services, although the senior officer corps of the military continued to accept into its ranks individuals from other religious minorities. The government continued to exempt Christian and Muslim religious leaders from military service based on conscientious objection, although it continued to require Muslim religious leaders to pay a levy for exemption.
In a March study, Muhsin al-Mustafa, a researcher for the Carnegie Middle East Center, stated that “every single one of the top 40 posts in the Syrian armed forces was held by a member of President Assad’s Alawite sect.” He added, “The entire Syrian military is not built on one particular sect. But in recent years the institution has been characterized by an unprecedented degree of sectarianism.” The SNHR in a June report stated, “The vast majority of the leaders of the security services and the army (which are the two most prominent institutions ruling in Syria) are from the Alawite sect, a form of blatant discrimination on the basis of sectarianism….” Yazid Sayigh, a senior fellow in the Carnegie Middle East Center, wrote in March, “The regime has increased dependence on Alawi recruits and on militarizing the Alawi community….” However, Abdulrahman al-Masri, writing for the Atlantic Council in September, stated that the support of the Alawite community for the government came at great cost – it suffered disproportionate battlefield losses and continued to be hurt by deteriorating living conditions – while it endured increased isolation from the rest of society.
On June 15, the New York Times reported that some in the military said the collapse of the Syrian currency had made their salaries virtually worthless, with army generals earning the equivalent of less than $50 per month and soldiers earning less than a third of that. It noted, “Anger about sinking livelihoods has flared even among members of…[the] Alawite minority, whose young men fought in large numbers…only to find that they will share in the country’s poverty instead of reaping the benefits of victory.”
There were Christian, Druze, and Kurdish members in parliament. According to observers, Alawites held greater political power in the cabinet than other minorities, as well as more authority than the majority Sunni population. The Atlantic Council, in an August 12 report, stated, “The Syrian regime deals with all groups and sects in the same way.… In reality, the regime is neither a protector of minority rights nor an advocate of women’s rights – let alone a promoter of peace and reconciliation. It operates merely to preserve itself, it undermines chances of Syrians uniting across religious and ethnic lines, and [it] gouges the government’s chances of effectiveness by manipulating positions, all while retaining the true decision-making power for itself.”
According to a June Carnegie Middle East Center report, the civil war “has altered the Sunni Muslim religious landscape of the capital, Damascus.” The report stated that Damascus was previously home to disparate and often times competing Sunni religious institutions. Many of these institutions and individual Sunni leaders have been forced into exile for being “insufficiently subservient” to the Assad regime and many have now united into a single opposition organization, the Syrian Islamic Council (SIC).
In a joint paper released in March, Manufacturing Division: the Assad Regime and Minorities in South-West Syria, the Middle East Institute and Etana Syria stated that tens of thousands of minority citizens in the country’s southwest have fled to Damascus or left the country. Compared with 2011, when the civil war began, there were 31 percent fewer Christians and 69 percent fewer Shia in the area. The report stated the government promoted itself as the champion of minorities and as a firewall against Islamic radicalism, intentionally stoking sectarian fears while simultaneously recruiting members of the Alawite and Shia communities to join the ranks of militias allied with the government. According to the report, “The weaponization of specific sects has eroded historically strong ties between Sunni, Shia, Christian, and Alawite communities in the southwest.” The paper also concluded that the government cultivated relationships with influential members of the Christian clergy, Druze leadership, and Circassian elite, granting these local powerbrokers disproportionate authority and influence in their communities, resulting in the breakdown of traditional social hierarchies and the appointment of progovernment minority figures to positions of power.
According to a report published by the Washington Institute for Near East Policy, anti-Semitism was endemic and had taken root at every level of society. The paper stated that religious leaders “quote – out of historical and religious context – Quranic scriptures to drive this ideology of hate, while many Syrian intellectuals and the artists adopt the hateful rhetoric of this dictatorship without question.” Anti-Semitic literature remained available for purchase at low prices throughout the country. Government-controlled radio and television programming continued to disseminate anti-Semitic news articles and cartoons.
In May, the SANA Cinema and Television Industry Committee called on broadcasters to denounce the screening of a documentary series produced by the Dubai-based Middle East Broadcasting Center that called for normalization with Israel. The committee statement said, “Producers in Syria denounce the normalization with the Zionist entity through broadcasting such a series with a low message to deal with the enemy and distort facts.” A May 18 article in the official newspaper of the Syrian government, the daily Al-Thawra, stated that the COVID-19 virus had been developed by the United States and was deployed according to a plan by “the Zionist Freemasons, the Rothschilds, and the Rockefellers,” who control the United States “empire” and seek to prevent its collapse and to renew their “global control.”
Discussing Arab states’ normalization of relations with Israel, Mohammed Abdul-Sattar al-Sayyed, the Minister of Religious Endowments, said in an October 27 television interview, “Every single surah in the Quran that mentions Israelites talks about their disgrace [and] their violation of treaties[.]”
The Foundation for Jewish Heritage and the American Schools of Oriental Research’s joint Jewish Cultural Heritage Initiative reported in May that the condition of 62 percent of Jewish-built heritage sites in the country was poor, very bad, or beyond repair.
The national school curriculum did not include materials on religious tolerance or the Holocaust.
The government continued to allow foreign Christian NGOs to operate under the auspices of one of the historically established churches without officially registering. It continued to require foreign Islamic NGOs to register and receive approval from the Awqaf to operate. Security forces continued to question these Islamic organizations on their sources of income and to monitor their expenditures. The Ministry of Social Affairs and Labor continued to prohibit religious leaders from serving as directors on the boards of Islamic charities.
Actions of Foreign Forces and Nonstate Actors
There continued to be reports that the Iranian government directly supported the Assad government primarily through the Islamic Revolutionary Guard Corps, and that it recruited Iraqi, Afghan, and Pakistani Shia fighters to the conflict. The Turkish press agency Anadolu stated that poverty and ideological motivations seemed to be the main reasons for foreign Shia to volunteer, and that while Iran promised jobs and an income, it also abused faith as a tool of sectarian-ideological exploitation. According to the report, in its recruitment efforts, Iran emphasized religious shrines and graves targeted and desecrated during the civil war and aroused hatred against Sunni groups fighting on the side of the opposition in Syria. The report also stated that Iranian recruiters promised that anyone who died in the war would be regarded as a martyr and be buried in Iran’s holy city of Qom. On March 1, Radio Farda reported that Iran buried 21 Afghan and Pakistani militia members in Qom. The Atlantic Council estimated in November that the Afghan brigade had an estimated 3,000 to 14,000 fighters spread between three battalions in Damascus, Aleppo, and Hama Governates and that the Pakistani brigade had an estimated 1,000 to 5,000 fighters deployed in Damascus, Aleppo, Daraa, and Hama Governate.
A November report by the Atlantic Council stated that Iran encouraged the Shia minority in Syria to form special militias inside Syria, adding that “some of the Shia militias in Syria were and continue to be recruited on a sectarian basis under the pretext of defending places considered holy by the Shia community. For example, campaigns are being conducted in the areas housing holy Shia shrines in Damascus in the Sayeda Zeinab district.” The report also stated, “Iran recruited from the Shia minority… mainly from northern Aleppo, northern Homs, and parts of Raqqa.” The report stated that Iranian-recruited Syrian militia had between 5,000 and 8,000 members.
According to the news website IranWire, pro-Iranian militias reinforced government forces undertaking operations against opposition groups in the southwest of the country in June. Since 2011, the government permitted Iran to open primary and secondary schools on the coast, including in Latakia, where there previously was no Shia community. In March, a new center in Deir ez-Zor affiliated with the Alawalaya Scouts was inaugurated, supported by the Iranian Cultural Center. According to a notice in front of the center, the latter sponsors “cultural activities, sports, the arts, volunteer opportunities, developmental work, and educational and Holy Quran activities.”
According to community representatives, human rights organizations such as Syrians for Truth and Justice, and documentation gathering groups, TSOs in northern Syria committed human rights abuses, reportedly targeting Kurdish and Yezidi residents and other residents, including detentions and abductions of civilians, torture, sexual violence, forced evacuations from homes, looting and seizure of private property, transfer of detained individuals across the border into Turkey, cutting off water to local populations, recruitment of child soldiers, and the looting and desecration of religious shrines. TSOs also reportedly abused members of other religious minorities.
In areas under Turkish control, TSO groups operating under the Syrian National Army (SNA) restricted religious freedom of Yezidis through attacks against and the intimidation of civilians. The COI in March reported that Yezidi civilians in Ras al-Ayn and Tel Abyad were attacked and stated, “Videos published on the Internet, purportedly by SNA fighters, used language comparing their enemies to ‘infidels,’ ‘atheists,’ and ‘pigs’ when referring to civilians, detainees, and property, which further amplified fears and created an environment conducive to abuse.”
In December, the Voice of America reported that Yezidi community members in the northwest of the country said they were in a state of fear after Turkey-backed rebels in control of the area launched a weeklong blockade and arrest campaign against the Yezidi community in Afrin. The campaign started after an explosion near the two predominantly Yezidi villages of Basoufan and Ba’ay in southern Afrin targeted a TSO leader.
Religious and ethnic minorities, especially displaced Kurds, Yezidis, and Christians, in areas under Turkish control, such as in the city of Afrin, reported persecution and marginalization. In August, regional news media reported that TSOs kidnapped 14 Syrian Kurds living in Afrin who had converted to Christianity. According to press reporting, TSOs attacked the predominantly Christian city of al-Suqyiabiyeh on November 6. In August, the press reported that a TSO in Afrin detained Radwan Mohammed, a Christian school headmaster, after he refused to convert his school into an Islamic educational center. The TSO alleged that Mohammed had committed apostasy.
The COI report in March stated, “Civilians in and around Ras al-Ayn and Tel Abyad reported numerous cases of looting and property appropriation by members of the SNA primarily affecting Kurdish residents and, on occasion, Yazidi owners who had fled in October.”
A March news report from Kurdistan 24, an Erbil-based Kurdish broadcast news station, reported anti-Yezidi abuses during the 2019 Operation Peace Spring offensive by Turkey had compounded those experienced during the Turkish incursion into Afrin in 2018. The report stated that experts on the Yezidis warned that the small community in Syria could “go extinct as the result of years of victimization by the Islamic State, the Syrian civil war, and ongoing Turkish threats.” The COI reported in March, “Anticipating attacks on their community, Yezidi women, men and children, who populated some 13 villages across Ra’s al-Ayn District, also left.” Reports stated that only 15,000 of 50,000 Yezidis in northeast Syria remained and that it was feared more would flee. Yezidi Council spokesman Adnan Hassan told the Arab Weekly in an October report that since Turkish cross-border operations had begun in Afrin, 28 Yezidi villages had been evacuated, including one village that was transformed into a Turkish military base. Hassan also stated that Islamist factions in the region tried to force Yezidis to change their religion.
According to the COI, Yezidi women were detained by TSO groups and on at least one occasion were urged to convert to Islam during interrogation. In Afrin, Yezidi women who were reported to have been kidnapped by TSOs remained missing. The COI reported in September that it was “currently investigating reports that at least 49 Kurdish and Yezidi women were detained in both Ras al-Ayn and Afrin by [SNA] members between November 2019 and July 2020.”
The September COI report referenced a case in which the TSO’s Interim Government’s Ras al-Ayn Local Council and a Turkish NGO, the Humanitarian Relief Foundation, converted two TSO-seized, private, Kurdish-owned properties in Ras al-Ayn into religious centers. The owner of the properties said he objected to the properties’ conversion and was not compensated, but the conversions proceeded. The Ras al-Ayn Local Council deputy chair stated this sequence of events was correct.
A September COI report identified cases from April in which “several Yezidi shrines and graveyards were deliberately looted and partially destroyed across locations throughout the Afrin region, such as Qastel Jindo, Qibar, Jindayris, and Sharran, further challenging the precarious existence of the Yezidi community as a religious minority in SNA-controlled regions.” Human rights groups and Syrian media reported that militants of the TSO group Sultan Suleiman Shah looted the archaeological hill of Arnada, in the area of al-Sheikh Hadid west of Afrin, with heavy equipment. The looting heavily damaged the hill. In April, the NGO Ezdina documented the destruction of Yezidi shrines in Afrin by TSOs, including the shrines of Sheikh Junaid, Sheikh Hussein, Gilkhan, and Sheikh Rikab. In July, the NGO Bellingcat reported on the destruction of multiple Yezidi shrines and graves in Afrin, including Qibar Cemetery. These organizations also reported cases in which TSOs imposed restrictions on religious freedom and harassed Yezidis.
In the northeast of the country, civilians, many of them members of religious minorities, including Christians and Yezidis, faced threats from TSO groups to cut off water, via the deliberate shutdown of or interference with the Alouk Water Station, which since October 2019 was controlled by TSO groups. One press report stated that human rights groups reported TSOs had specifically threatened minority Christian and Yezidi communities recovering from ISIS abuses. In August, Syriac Orthodox Patriarch Ignatius Aphrem II of Antioch appealed to the UN Secretary General regarding what he termed was the use of water from the Alouk station as a “weapon,” stating that the cutting off of water amounted to “a flagrant violation of fundamental human rights.”
The COI and numerous independent sources reported that, during the course of the conflict, nonstate actors, including a number of groups designated as terrorist organizations by the United Nations, the United States, and other governments, such as ISIS and al-Qa’ida-linked Hayat Tahrir al-Sham (HTS), targeted Shia, Alawite Muslims, Christians, and members of other religious minorities, as well as other Sunnis, including Kurds, with killings, kidnappings, physical mistreatment, and detentions. These resulted in the deaths of thousands of civilians. In areas where government control was weak or nonexistent, localized corrections structures emerged. Reports of control and oversight varied, and both civilian and religious leaders were in charge of facility administration.
The Wilson Center reported in September that ISIS was responsible for 640 attacks in the country from October 2019 through June, often targeting civilians, including persons suspected of collaborating with government security forces, and members of groups that ISIS deemed to be apostates. Despite ISIS’s territorial defeat, media and NGOs reported its extremist ideology remained a strong presence in the region, according to a January report by the NGO Open Doors. The report said that many Christians, fearing the possibility of an ISIS resurgence, did not feel safe. Thousands of ISIS fighters and their family members were being held in detention in the northeast of the country by the SDF or living in the closed al-Hol camp.
Although ISIS no longer controlled significant territory, the fate of 8,143 individuals detained by ISIS since 2014 remained unknown, according to the SNHR. Among those abducted in northern Iraq were an estimated 6,000 women and children, mainly Yezidis, whom ISIS reportedly transferred to Syria and sold as sex slaves, forced into nominal marriage to ISIS fighters, or gave as “gifts” to ISIS commanders. The Yezidi organization Yazda reported more than 3,000 Yezidi women and children have since escaped, been liberated in SDF military operations, or been released from captivity, but almost 2,800 remained unaccounted for.
According to media reports, different Islamic factions subjected Christians in Idlib Governate to the application of sharia as well as the introduction of jizya (a tax imposed on non-Muslims) to pressure them to leave their homes. Media reporting indicated that HTS increased such restrictions on Christians in Idlib city. According to these reports, the HTS office of “Christians’ properties” notified Christian tenants and landlords to check with the HTS administrative offices before renewing leases or setting new terms, including raising the rents of houses and shops, since HTS considered Christians’ properties to be spoils of war. According to the COI, the HTS committed a wide range of abuses based on sectarian identity in areas it controlled.
Section III. Status of Societal Respect for Religious Freedom
Throughout the year there were reports of sectarian violence due to tensions among religious groups, cultural rivalries, and provocative rhetoric.
Advocacy groups reported social conventions and religious proscriptions continued to make conversions – especially Muslim-to-Christian conversions, which remained banned by law – relatively rare. These groups also reported that societal pressure continued to force converts to relocate within the country or to emigrate in order to practice their new religion openly.
The state news agency SANA reported that Adnan al-Afiyuni, the Sunni mufti for Damascus Province, was killed when a bomb planted in his car exploded in the town of Qudssaya. The perpetrators of the attack remain unidentified. International observers considered al-Afiyuni to be close to President Assad.
The Syrian Opposition Coalition, the opposition’s primary political umbrella organization, and the Syrian Negotiations Committee, an opposition umbrella organization responsible for negotiating with the government on behalf of the opposition, continued to condemn attacks and discrimination against religious groups, both by the government and by extremist and terrorist groups.
Section IV. U.S. Government Policy and Engagement
The President and Secretary of State continued to condemn the government’s failure to respect the human rights of its citizens, including the right to religious freedom. The President stressed the need for a political solution to the conflict in line with UN Security Council Resolution 2254, which states that such a solution should establish credible, inclusive, and nonsectarian governance.
In June, wide-ranging U.S. sanctions against Syria went into effect. The Caesar Syria Civilian Protection Act, passed into law as part of the 2020 National Defense Authorization Act, requires the administration to impose sanctions on any foreign person who knowingly provides significant support to the Syrian government, entities owned or controlled by the government, or government-affiliated military contractors, mercenaries, and paramilitary forces, including forces operating in a military capacity inside Syria on behalf of Russia and Iran.
The Department of State continued to support the work of the UN International Impartial and Independent Mechanism for Syria (IIIM) as an important evidentiary-gathering mechanism to promote accountability for the atrocities committed by the government and others. Since its creation, the United States has provided $3.5 million to the IIIM, as well as awarded $3.4 million to the UN Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD) to support its efforts to gather evidence of ISIS crimes, including atrocities against members of Muslim, Yezidi, and Christian communities.
The U.S. government consistently urged Turkey and the Syrian opposition at the highest levels to comply with their obligations under international law in areas which they or groups they supported controlled or in which they operated.
The Secretary of State continued to work with the UN Special Envoy for Syria, members of the moderate opposition, and the international community to support UN-facilitated, Syrian-led efforts in pursuit of a political solution to the conflict that would safeguard religious freedom for all citizens. These efforts included support for the Constitutional Committee, designed to pave the way for political reforms and new elections, which met several times throughout the year. The Secretary of State took part in a virtual Syria Small Group meeting with counterparts from the UK, France, Germany, Jordan, Egypt, and Saudi Arabia in October. At the meeting, the Secretary and the other Small Group ministers expressed their support for the United Nations’ role in negotiating a political solution to the conflict in line with UN Security Council Resolution 2254. In addition, the Secretary affirmed the U.S. commitment to Syria’s unity, independence, territorial integrity, and nonsectarian character; to ensuring state institutions remained intact; and to protecting the rights of all individuals, regardless of ethnicity or religious affiliation.
The U.S. embassy in Damascus suspended operations in 2012. U.S. government representatives continued to meet with religious groups and leaders in the United States and elsewhere in the Middle East region. A Deputy Assistant Secretary of State for Near Eastern Affairs and other Department of State officials participated in virtual dialogues, roundtables, and working groups focused on increasing religious tolerance and countering extremist violence. The U.S. Special Representative for Syria Engagement hosted a virtual panel discussion in October on accountability for human rights abuses, including those committed against religious minorities. Groups representing religious minority communities in Syria participated in the event.
The United States continued to support the documentation, analysis, and preservation of evidence of abuses committed by all sides in the conflict, including those committed against religious minorities, through the COI and IIIM, as well as through direct support for Syrian-led documentation efforts.
Turkey
Executive Summary
The constitution defines the country as a secular state. It provides for freedom of conscience, religious belief, conviction, expression, and worship and prohibits discrimination based on religious grounds. The Presidency of Religious Affairs (Diyanet), a state institution, governs and coordinates religious matters related to Islam; its mandate is to enable the practice of Islam, provide religious education, and manage religious institutions. In January, media reported the Supreme Court of Appeals upheld a 13.5-month sentence against an ethnic Armenian citizen for provoking hostility by criticizing the Prophet Mohammed. The government continued to limit the rights of non-Muslim religious minorities, especially those not recognized under the government’s interpretation of the 1923 Lausanne Treaty, which includes only Armenian Apostolic Orthodox Christians, Jews, and Greek Orthodox Christians. Media and nongovernmental organizations reported an accelerated pace of entry bans and deportations of non-Turkish citizen leaders of Protestant congregations. The government continued to restrict efforts of minority religious groups to train their clergy, and the Greek Orthodox Halki Seminary remained closed. Religious minorities again reported difficulties opening or operating houses of worship; resolving land and property disputes and legal challenges of churches whose lands the government previously expropriated; holding governing board elections for their religious foundations; and obtaining exemptions from mandatory religion classes in schools. Religious minorities, particularly members of the Alevi community, again raised challenges to religious content and practices in the public education system. In July, President Recep Tayyip Erdogan reconverted Istanbul’s Hagia Sophia Museum, originally an Orthodox church that was subsequently converted to a mosque and then a museum, into a mosque and declared it open to Islamic worship. In August, President Erdogan similarly ordered the reconversion of the Kariye (Chora) Museum to a mosque. Construction of the new Syriac Orthodox church in Istanbul continued, according to the Syriac Orthodox Metropolitan Office.
According to a press report, on March 20, relatives found the body of Simoni Diril, the mother of a Catholic Chaldean priest, two months after unidentified persons abducted Diril and her husband. According to media reports, isolated acts of vandalism of places of worship and cemeteries continued. In May, security cameras caught an individual attempting to vandalize an Armenian church in Istanbul. Police detained the suspect, and authorities charged him with vandalism. Other media outlets reported an increase of vandalism of Christian cemeteries, including the destruction in February of 20 gravestones in the Ortakoy Christian Cemetery in Ankara. According to a news report in June, unknown perpetrators vandalized a monument commemorating Alevis killed in 1938. Anti-Semitic discourse and hate speech continued in social media and print press; in March, there were media reports, including by the Jewish publication Avlaremoz, of anti-Semitic speech on various social media sites linking the COVID-19 outbreak to Jews.
The U.S. Ambassador, visiting senior U.S. officials, and other embassy and consulate officials continued to emphasize to government officials the importance of respect for religious diversity and equal treatment under the law. U.S. government officials urged the government to lift restrictions on religious groups and make progress on property restitution. Senior U.S. officials, including the Secretary of State, continued to call on the government to allow the reopening of Halki Seminary and to allow for the training of clergy members from all communities in the country. In June, the Ambassador at Large for International Religious Freedom called for the government to keep Hagia Sophia’s status as a museum. In a tweet on June 25, he stated, “The Hagia Sophia holds enormous spiritual & cultural significance to billions of believers of different faiths around the world. We call on the Govt of #Turkey to maintain it as a @UNESCO World Heritage site & to maintain accessibility to all in its current status as a museum.” In July, the Secretary of State urged the government “to maintain Hagia Sophia as a museum, as an exemplar of its commitment to respect the country’s faith traditions.” In November, during a visit to Istanbul, to promote the United States’ “strong stance on religious freedom around the world,” the Secretary of State met with Ecumenical Patriarch Bartholomew I and with Archbishop Paul Russell, the Holy See’s representative to the country. The Secretary also visited St. George’s Cathedral and the Rustem Pasha Mosque. Embassy and consulate officials met with a wide range of religious minority community leaders, including those of the Greek Orthodox, Jewish, Armenian Apostolic Orthodox, Roman Catholic, Protestant, Alevi, Syriac Orthodox, and Chaldean Catholic communities, to underscore the importance of religious freedom and interfaith tolerance and to condemn discrimination against members of any religious group.
Section I. Religious Demography
The U.S. government estimates the total population at 82.0 million (midyear 2020 estimate). According to the Turkish government, 99 percent of the population is Muslim, approximately 77.5 percent of which is Hanafi Sunni. Representatives of other religious groups estimate their members are 0.2 percent of the population, while the most recent public opinion surveys published in January 2019 by Turkish research firm KONDA suggest approximately 3 percent of the population self-identifies as atheist and 2 percent as nonbelievers.
Leaders of Alevi foundations estimate Alevis comprise 25 to 31 percent of the population; Pew Research Center reporting indicates 5 percent of Muslims state they are Alevis. The Shia Jafari community estimates its members make up 4 percent of the population.
Non-Muslim religious groups are mostly concentrated in Istanbul and other large cities, as well as in the southeast. Exact figures are not available; however, these groups self-report approximately 90,000 Armenian Apostolic Orthodox Christians (including migrants from Armenia), 25,000 Roman Catholics (including migrants from Africa and the Philippines), and 16,000 Jews. There are also approximately 25,000 Syrian Orthodox Christians (also known as Syriacs), 15,000 Russian Orthodox Christians (mostly immigrants from Russia who hold residence permits), and 10,000 Baha’is.
Estimates of other groups include 7,000-10,000 members of Protestant denominations, 5,000 Jehovah’s Witnesses, fewer than 3,000 Chaldean Christians, up to 2,500 Greek Orthodox Christians, and fewer than 1,000 Yezidis. There also are small, undetermined numbers of Bulgarian Orthodox, Nestorian, Georgian Orthodox, Ukrainian Orthodox, Syriac Catholic, Armenian Catholic, Chaldean Catholic, and Maronite Christians. The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ) estimates its membership at 300 individuals.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution defines the country as a secular state and provides for freedom of conscience, religious belief, conviction, expression, and worship. It stipulates individuals may not be compelled to participate in religious ceremonies or disclose their religion, and acts of worship may be conducted freely as long as they are not directed against the “integrity of the state.” The constitution prohibits discrimination on religious grounds and exploitation or abuse of “religion or religious feelings, or things held sacred by religion,” or “even partially basing” the order of the state on religious tenets.
The constitution establishes the Diyanet, through which the state coordinates Islamic matters. According to the law, the Diyanet’s mandate is to enable the belief, practices, and moral principles of Islam, with a primary focus on Sunni Islam; educate the public about religious issues; and administer mosques. The Diyanet operates under the Office of the President, with its head appointed by the President and administered by a 16-person council elected by clerics and university theology faculties. The Diyanet has five main departments, called high councils: Religious Services, Hajj and Umrah Services, Education, Publications, and Public Relations. While the law does not require that all members of the council be Sunni Muslim, in practice this has been the case.
There is no separate blasphemy law, but the penal code provides punishment for “provoking people to be rancorous and hostile,” including showing public disrespect for religious beliefs. The law criminalizes “insulting values held sacred by a religion.” Insulting a religion is punishable by six months to one year in prison.
The penal code prohibits religious clergy from “reproaching or vilifying” the government or the laws of the state while performing their duties. Violations are punishable by prison terms of one month to one year, or three months to two years if the crime involves inciting others to disobey the law.
Although registration with the government is not explicitly mandatory for religious groups to operate, registering a group is required to request legal recognition for places of worship. Gaining legal recognition of a place of worship requires permission from the municipalities for the construction or designation of a new place of worship. It is against the law to hold religious services at a location not recognized by the central government as a place of worship; the government may fine or close the venues of those violating the law.
Interfering with the service of a religious group is punishable by one to three years in prison; defacing religious property is punishable by three months to one year in prison; and destroying or demolishing religious property is punishable by one to four years in prison. Because it is illegal to hold religious services in places not registered as places of worship, in practice, these legal proscriptions apply only to recognized religious groups.
The law prohibits Sufi and other religious-social orders (tarikats) and lodges (cemaats), although the government generally does not enforce these restrictions.
Military service is obligatory for males; there is no provision for conscientious objection. A government policy allows individuals to pay a fee of 37,070 Turkish lira ($5,000) instead of performing full military service; however, they are required to complete a three-week basic training program. Those who oppose mandatory military service on religious grounds may face charges in military and civilian courts and, if convicted, could be subject to prison sentences ranging from two months to two years.
The leadership and administrative structures of religious communities do not have a legal personality, leaving them unable to directly buy or hold title to property or press claims in court. Communities rely on separate foundations or associations governed by individual boards to hold and administer assets and property.
A 1935 law prohibits the establishment of foundations based on the religion or ethnicity of members but grants exemptions to foundations existing before the enactment of the law. Non-Muslim citizens direct these longstanding foundations; 167 continue to exist, the majority of which are associated with the Greek Orthodox, Armenian Orthodox, and Jewish communities. In practice, a religious group formed after the 1935 law may successfully apply to register as an association or foundation provided its stated objective is charitable, educational, or cultural rather than religious. There are six Protestant foundations (four existing before the passage of the 1935 foundation law), 36 Protestant associations, and more than 30 representative offices linked with these associations.
The General Directorate of Foundations (GDF), under the Ministry of Culture and Tourism, regulates the activities and affiliated properties of all foundations, and it assesses whether they are operating within the stated objectives of their organizational charter. There are several categories of foundations, including those religious community foundations existing prior to the 1935 law.
If a foundation becomes inactive, the government may petition the courts to rule it is no longer operational and transfer its assets to the state. Only a court order may close a foundation of any category, except under a state of emergency, during which the government may close foundations by decree.
A foundation may earn income through companies and rent-earning properties, as well as from donations. The process for establishing a foundation is lengthier and more expensive than that for establishing an association, but associations have fewer legal rights than foundations at the local level.
Several religious communities have formally registered corresponding associations. Associations must be nonprofit and receive financial support only in the form of donations. To register as an association, a group must submit an application to the provincial governor’s office with supporting documentation, including bylaws and a list of founding members. A group must also obtain permission from the Ministry of Interior as part of its application if a foreign association or nonprofit organization is a founding member; if foreigners are founding members of the group, the group must submit copies of its residence permits. If the governorate finds the bylaws unlawful or unconstitutional, the association must change them to meet the legal requirements. Under the law, the governorate may fine or otherwise punish association officials for actions deemed to violate the organization’s bylaws. A court order may close an association, and the Ministry of Interior may temporarily close an association or foundation and apply to a court within 48 hours for a decision on closure. Otherwise, the government may close associations and foundations by decree under a state of emergency. The civil code requires associations not to discriminate on the grounds of religion, ethnicity, or race.
By law prisoners have the right to practice their religion while incarcerated; however, not all prisons have dedicated places of worship. According to the law, prison authorities must allow visitation by clergy members and allow them to offer books and other materials that are part of the prisoner’s faith.
The constitution establishes compulsory religious and moral instruction in public and private schools at all levels starting with fourth grade, with content determined by the Ministry of National Education’s Department of Religious Instruction, which falls under the authority of the Office of the President. Religion classes are two hours per week for students in grades four through 12. Only students who marked “Christian” or “Jewish” on their national identity cards may apply for an exemption from religion classes. Atheists, agnostics, Alevis or other non-Sunni Muslims, Baha’is, Yezidis, Hindus, Zoroastrians, Confucians, Taoists, and Buddhists, or those who left the religion section blank on their national identity card are rarely granted exemptions from the classes. Middle and high school students may take additional Islamic religious courses as electives for two hours per week during regular school hours.
The government issues chip-enabled national identity cards that contain no visible section to identify religious affiliation. The information on religious affiliation is recorded in the chip and remains visible to authorized public officials as “qualified personal data” and protected as private information. Previously issued national identity cards, which continue in circulation, contain a space for religious identification with the option of leaving the space blank. These older cards included the following religious identities as options: Muslim, Greek Orthodox, non-Orthodox Christian, Jewish, Hindu, Zoroastrian, Confucian, Taoist, Buddhist, No Religion, or Other. Baha’i, Alevi, Yezidi, and other religious groups with known populations in the country were not options.
According to labor law, private- and public-sector employers may not discriminate against employees based on religion. Employees may seek legal action against an employer through the Labor Court. If an employee can prove a violation occurred, the employee may be entitled to compensation of up to four months of salary in addition to the reversal of the employment decision.
Government Practices
According to media, in January, the Supreme Court of Appeals upheld a 13.5-month sentence against Sevan Nisanyan, a self-exiled ethnic Armenian citizen of Turkey, for publishing “offensive” words against the Prophet Muhammad that could provoke hostility. While referencing the country’s penal code, the court further justified its decision by citing a 2005 European Court of Human Rights (ECtHR) ruling in the case of publishing company I.A. versus the Government of Turkey, stating that religious statements that could be viewed as a “cheap attack” should be avoided. One member of the court opposed the sentence, stating that while Nisanyan’s writing humiliated Muslims, there was no concrete evidence that breaches of public peace had occurred.
According to media reports, Cemil Kelik, a religious culture and ethics teacher at a high school in Istanbul, continued to teach after authorities reinstated him in a remote city in May. In 2019, Kelik was fired after comparing the morals of atheists and deists to those of “self-professed” Muslims and saying headscarves were not obligatory in Islam.
On May 20, police detained and arrested Banu Ozdemir, a former official from the main opposition Republican People’s Party, and charged her with “insult and inciting hatred among the people” after she retweeted a video of a mosque in Izmir that had been hacked to play the Italian leftist revolutionary song “Bella Ciao” from its speakers. The prosecutor requested three years’ imprisonment and released Ozdemir. The court acquitted her in December.
On July 16, the opposition daily newspaper Sozcu reported police arrested Muhammed Cevdet S. in Istanbul for insult and inciting hatred among the people by sharing social media posts that included caricatures of the Prophet Muhammad. There were no further developments at the end of the year.
In January, according to Christian Solidarity Worldwide (CSW), police arrested and charged with membership in a terrorist organization a Syriac Orthodox priest, Father Sefer Bilecen (also known as Father Aho) and two other Syriacs, reportedly for offering bread and water in 2018 to members of the designated terrorist organization Kurdistan Workers’ Party (PKK), who visited the 1,500-year-old Mor Yakub Monastery in Mardin Province. The next hearing was scheduled for January 2021.
The government continued to interpret the 1923 Lausanne Treaty, which refers broadly to “non-Muslim minorities,” as granting special legal minority status exclusively to three recognized groups: Armenian Apostolic Orthodox Christians, Jews, and Greek Orthodox Christians. The government did not recognize the leadership or administrative structures of non-Muslim minorities, such as the Armenian Apostolic Patriarchate of Constantinople, the Ecumenical Patriarchate of Constantinople, and Chief Rabbinate, as legal entities, leaving them unable to buy or hold title to property or to press claims in court. These three groups, along with other minority religious communities, had to rely on independent foundations they previously organized, overseen by separate governing boards, to hold and control individual religious properties.
In January 2019, the ECtHR ruled the government had violated the European Convention on Human Rights, which provides for freedom of assembly and association, because it refused to allow Seventh-day Adventists to establish a foundation. The court ruling required the government to pay six members of the congregation in Istanbul a total compensation of 8,724 euros ($10,700). Compensation could include legal assistance and legal and court registration fees; by year’s end there was no information available nor indication on whether the government had compensated the six individuals, and no disclosure of any government payments.
The Armenian Apostolic Patriarchate and the Greek Orthodox Ecumenical Patriarchate continued to seek legal recognition, and their communities operated as conglomerations of individual religious foundations.
In June, the Istanbul Protestant Church Foundation issued a press statement saying it was “increasingly difficult for foreign Protestant clergy serving in Turkey to be resident.” According to the Protestant Church Association headquartered in Ankara, it did not attempt to register any church during the year. Both groups reported no progress on registration requests made in previous years.
Multiple Protestant church representatives continued to report bureaucratic difficulties in registering places of worship. Church representatives said they were obliged to continue meeting in unregistered locations for worship services because local officials did not approve registration applications and continued to impose zoning standards on churches, including minimum space requirements not imposed on mosques. Officials did not apply this requirement to Sunni Muslim congregations, which they permitted to build worship facilities in malls, airports, and other smaller spaces. Additionally, some Protestant churches reported local authorities did not allow them to display crosses on the exterior of their buildings.
In June 2019, a local court in Bursa approved an application by the Protestant community in Bursa to start a foundation. At year’s end, the government still had not responded to a request by the Protestant foundation to allow long-term use of a church renovated in 2018 using government funding. Roman Catholic, Orthodox, and Turkish Protestant congregations continued to share the building, owned by the GDF for more than 10 years.
The government continued to provide incarcerated Sunni Muslims with mesjids (small mosques) and Sunni preachers in larger prisons. Alevis and non-Muslims did not have clerics from their own faiths serving in prisons; however, clergy of other religious groups were permitted to enter prisons with the permission of the public prosecutor to minister to their adherents as long as doing so was not considered a threat to a facility’s security.
The government continued to treat Alevi Islam as a heterodox Muslim “sect” and did not recognize Alevi houses of worship (cemevis), despite a 2018 ruling by the Supreme Court of Appeals that cemevis are places of worship. In March 2018, the head of the Diyanet had said mosques were the appropriate places of worship for both Alevis and Sunnis. On January 13, the municipal council of Izmir granted seven Alevi cemevis the status of house of worship. On January 16, an Istanbul municipal council assembly approved the provision of free services to cemevis in line with other municipality and government treatment of other places of worship.
In November, a parliamentarian from the opposition Peoples’ Democratic Party addressed an inquiry to the Ministry of Culture and Tourism, reporting that Alevi residents of Hardal village in Sivas Province opposed government plans to convert a historic mansion containing Alevi inscriptions and belonging to an Alevi association into a mosque. The ministry did not respond to the inquiry by year’s end.
The GDF continued its restoration of the Surp Giragos Armenian and Mar Petyun Chaldean Churches, both in Sur District, Diyarbakir. During the year, the government again did not pay restitution and compensation to the religious groups for the expropriation of property damaged in fighting with the PKK.
During the year, the government did not return properties seized in previous decades; it last returned 56 properties in 2018 to the Syriac community. Representatives from various communities said they continued to pursue property returns through the appropriate legal and government channels. The Greek Orthodox, Armenian Orthodox, Jewish, Syrian Orthodox, Bulgarian Orthodox, Georgian Orthodox, Chaldean, and Armenian Protestant communities, which had previously submitted applications for the return of properties, continued to report these unresolved claims were an issue for their communities. Due to their legal status, recognized religious foundations were eligible to receive compensation for their seized properties, but religious institutions and communities without legally recognized foundations were not.
Religious communities, particularly Alevis, continued to raise concerns regarding several of the government’s education policies. At year’s end, the government continued not to comply with a 2013 ECtHR ruling that found the government’s compulsory religion courses in public schools violated educational freedom. The ECtHR denied the government’s appeal of the ruling in 2015 and upheld the Alevi community’s legal claim that the government-mandated courses promoted Sunni Islam and were contrary to Alevi religious convictions. Authorities added material on Alevism to the religious course curriculum in 2011 after the ECtHR decision, but Alevi groups stated the material was inadequate, and in some cases, incorrect. They also continued to call on the government to implement the ECtHR decisions.
Non-Sunni Muslims and nonpracticing Muslims said they continued to face difficulty obtaining exemptions from compulsory religious instruction in primary and secondary schools and often had to choose from electives dealing with different aspects of Sunni Islam, particularly if their identification cards listed their religion as Muslim. The government said the compulsory instruction covered a range of world religions, but some religious groups, including Alevis and members of Christian denominations, stated the courses largely reflected Hanafi Sunni Islamic doctrine and contained negative and incorrect information about other religious groups, such as some educational texts referring to Alevi beliefs as mysticism. In February 2019, the Konya Regional Administrative Court ruled the changes made in the compulsory religion course curriculum did not eliminate violations to educational freedom, as ruled by the ECtHR in 2013. In June 2019, the Istanbul 12th Regional Administrative Court accepted an Alevi parent’s appeal for his son’s exclusion from the compulsory religious course. The case was still pending at year’s end.
According to the Diyanet, it had 128,534 employees at year’s end, with women constituting 18 percent of its workforce. The Diyanet expanded its program launched in 2016 to assign Diyanet employees, including imams, to university dormitories operated by the government in every province. On September 9, the Diyanet appointed 922 additional employees to public university dormitories. The Diyanet stated the officials would provide “moral guidance” to address the “moral values” problems in the dorms and provide the Diyanet’s provincial muftis with performance reviews every six months.
The government continued to provide funding for public, private, and religious schools teaching Islam. It did not do so for minority schools the government recognized under the Lausanne Treaty, except to pay the salaries for courses taught in Turkish, such as Turkish literature. The minority religious communities funded all their other expenses through donations, including from church foundations and alumni.
The government continued to permit Greek Orthodox, Armenian Orthodox, and Jewish religious community foundations to operate schools under the supervision of the Ministry of National Education. Children of undocumented Armenian migrants and Armenian refugees from Syria could also attend. Because the government continued to classify legal migrant and refugee children as “visitors,” they were ineligible to receive diplomas from these schools. The curricula of these schools included information unique to the cultures of the three groups and teachable in the minority groups’ languages. According to a representative of the Syriac Orthodox community, the community continued to operate a preschool, but there were not enough older students to warrant creating a kindergarten-through-grade 12 school.
In February, media reported parents petitioned to stop the conversion of Ismail Tarman Middle School into an imam hatip school, a vocational religious school intended in principle to train government employed imams. The parents successfully argued that five imam hatip schools were available in their district and won four court decisions in their favor to prevent the conversion. The Ministry of National Education, however, did not adhere to the court decisions of two local administrative and two regional administrative courts, and the school continued to operate as an imam hatip school through year’s end. According to media, some parents of students criticized the practice of converting some nonreligious public schools into imam hatip religious schools. The country’s 2020 investment program in the general budget included the government’s associated priorities, with 460 million lira ($61.96 million) allocated for new imam hatip schools, compared with 30 million lira ($4.04 million) for new science schools.
Many public buildings, including universities, continued to maintain small mosques. In 2017, the Ministry of National Education issued a regulation requiring every new school to have an Islamic prayer room. The government continued to deny Alevis the right to establish similar places of worship in government buildings that did not contain places of worship for non-Sunnis. Alevi leaders reported the approximately 2,500 to 3,000 cemevis in the country were insufficient to meet demand. The government continued to state that Diyanet-funded mosques were available to Alevis and all Muslims, regardless of their school of religious thought.
Several Alevi foundations again requested the end of a continuing program that takes school children ages six to 13 to local mosques for religious instruction during their two-week winter break. The voluntary Ministry of National Education program begun in 2018 for 50,000 children drawn from each of the 81 provinces continued for a third year, with approximately 10,000 children participating during the year. Alevi representatives said they objected to the program because students not participating could be “singled out” for not participating and as being different from the other students.
On January 12, BirGun, a newspaper associated with the political opposition, reported the Ministry of Education started a pilot program introducing Islamic religious classes to preschool students in three provinces. According to media, these classes taught children to associate positive adjectives to images displaying adherence to Islamic tradition, such as women wearing the hijab, while negative adjectives were associated with uncovered women. The government responded that the examples cited were not comprehensive and not representative of the material.
According to media, Ecumenical Patriarch Bartholomew I in July again called on the government to allow the Halki Seminary to reopen as an independent institution to enable training of Greek Orthodox clergy in the country, stating the continued closure interrupted a tradition of instruction dating back centuries to the historical roots of the school as a monastery. A 1971 Constitutional Court ruling prohibited the operation of private institutions of higher education and led to the seminary’s closure. Amendments to the constitution in 1982 allowed for the establishment of private institutions of higher education but also placed significant restrictions on the institutions, and the seminary was not permitted to reopen and operate under its traditions and preferences.
In September, Sozcu reported that the Diyanet had acquired an historic tuberculosis hospital on the same island as the shuttered Halki Seminary with plans to open an Islamic educational center.
The government continued to provide training for Sunni Muslim clerics while restricting other religious groups from training clergy inside the country. The Greek Orthodox and Armenian Orthodox Patriarchates remained unable to train clergy within the country. Protestant churches reported the inability to train clergy in the country made their communities dependent on foreign clergy. Local Protestant church representatives raised concerns that the government’s reported deportation of or ban on entry for foreign clergy members hurt their community’s ability to instruct local clergy unable to travel abroad for training.
Multiple reports continued to state these Protestant communities could not train clergy in the country and therefore relied on foreign volunteers to serve them in leadership capacities. Local Protestant communities stated they aimed to develop indigenous Turkish leaders in their congregations because it was becoming increasingly difficult to rely on foreign volunteers; however, they faced difficulties because they could not operate training facilities in-country. Community sources also said some of the deportations and entry bans during the year targeted foreign-citizen members of the community who had lived legally as long-term residents in the country for decades and who previously had not experienced any immigration difficulties. On June 16, the Istanbul Protestant Church Foundation issued a press release stating, “It is with great sadness we must inform you that since 2019, it has been made increasingly difficult for foreign Protestant clergy serving in Turkey to be resident in our country.” According to community members, these immigration procedures also affected a local community’s ability to raise funds for local churches because foreign clergy members attracted individual donations and support from church communities in their countries of origin. Some individuals with entry bans or resident permit denials requested review of their immigration status through the country’s legal system. None of the cases reached conclusion by year’s end and could take several years to resolve due to the complexities of, and backlog in, the judicial system, according to media reports.
Monitoring organizations and media outlets, including Middle East Concern, International Christian Concern, World Watch Monitor, Mission Network News, and Voice of Martyrs, continued to report entry bans, denial of residency permit extensions, and deportations for long-time residents affiliated with Protestant churches in the country. In December 2019, the Ministry of Interior’s Directorate for Migration Management announced that as of January 1, the government would deny extension requests to long-term residents for tourist purposes in the absence of another reason to request a residency permit (i.e., marriage, work, study). Observers reported that through July, there were 54 pending immigration court cases, including residency permit denials and entry bans, of which 19 were new cases. Recipients of bans and denials most frequently cited security codes that denoted “activities against national security” and “work permit activities against national security.” Several religious minority ministers conducted religious services while resident in in the country on long-term tourist residence permits. While similar measures occurred in previous years, multiple groups said they perceived a significant increase in the number of removals and entry bans during the year.
Members of religious communities continued to report that the inability to hold elections for the governing boards of their foundations remained an impediment to managing their affairs. They said when board members died, retired, or left the country, foundation boards had a more difficult time fulfilling their duties and ran the risk of eventually not functioning without new members. If they reached the point of no longer functioning, the government could then declare the foundation defunct and transfer its properties and other assets to the state.
The government continued not to recognize Ecumenical Patriarch Bartholomew I as the leader of the world’s approximately 300 million Orthodox Christians, consistent with the government’s stance that there was no legal obligation for it to do so. The government’s position remained that the Ecumenical Patriarch was only the religious leader of the country’s Greek Orthodox minority population. The government continued to permit only Turkish citizens to vote in the Ecumenical Patriarchate’s Holy Synod or be elected patriarch but continued its practice of granting citizenship to Greek Orthodox metropolitans under the terms of the government’s 2011 stopgap solution intended to widen the pool of candidates eligible to become the next patriarch. The Istanbul Governorate, which represents the central government in that city, continued to maintain that leaders of the Greek Orthodox (Ecumenical Patriarchate), Armenian Apostolic Orthodox, and Jewish communities must be Turkish citizens.
The decision by the Church of Jesus Christ to remove its volunteers and international staff from the country remained in effect throughout the year. In 2018, the Church cited safety concerns as the reason for the removal. According to local members, some followers stayed away from church because they feared retribution and discrimination. Some said they had lost their jobs, including in the public sector, because of their faith, and they experienced difficulties in finding new employment.
The government paid partial compensation to the Alevi Cem Foundation in Turkish lira, based on the 2017 euro exchange rate, amounting to 39,010 euros ($47,900) after the ECtHR rejected the country’s appeal to reduce the 54,400-euro ($66,700) compensation it was obligated to pay the Alevi Cem Foundation in February 2019. The Cem Foundation filed a court case to receive the remainder of compensation and interest. The case continued at year’s end. The Cem Foundation took the government to the ECtHR in 2010 for discrimination for not paying the electric bills of Alevi places of worship, a service provided for mosques. The government appealed for a fee reduction to 23,300 euros ($28,600). In November 2018, the Supreme Court of Appeals ruled cemevis are places of worship and therefore should receive the same benefits as Sunni mosques, including being exempt from paying utility bills. Alevi organizations continued to call on the government to comply with the ruling.
The Diyanet regulated the operation of all registered mosques. It paid the salaries of 128,469 Sunni personnel at the end of the year, compared with 104,814 in 2019. The government did not pay the salaries of religious leaders, instructors, or other staff belonging to other religious groups.
On July 24, the government changed the status of Hagia Sophia, which had become a mosque in 1453 and then a museum in 1935, back again to a mosque, and the Ayasofya Mosque held its first Islamic prayer since 1935. In July, President Erdogan said, “Like all our mosques, its [Hagia Sophia’s] doors will be open to everyone – Muslim or non-Muslim. As the world’s common heritage, Hagia Sophia with its new status will keep on embracing everyone in a more sincere way.” Ibrahim Kalin, the presidential spokesperson, said the country would preserve the Christian icons in the building. In a televised address to the nation in July, President Erdogan said, “I underline that we will open Hagia Sophia to worship as a mosque by preserving its character of humanity’s common cultural heritage,” and he added, “It is Turkey’s sovereign right to decide for which purpose Hagia Sofia will be used.”
Following the government’s announced plan to reconvert Hagia Sophia to serve as a mosque, on June 30, Ecumenical Patriarch Bartholomew I stated, “The conversion of Hagia Sophia into a mosque will disappoint millions of Christians around the world,” and he called for Hagia Sophia to remain a museum. A June 25 Washington Post article cited the Ecumenical Patriarch as saying the intended reversion of Hagia Sophia into a mosque left him “saddened and shaken.” On June 20, a group of Turkish Catholic bishops stated they “would like Hagia Sophia to remain a museum.” In a tweet on June 13, Armenian patriarch Sahak Masalyan endorsed the idea of restoring Hagia Sophia’s status as a place of worship, advocating that there also be a space for Christians to pray. After inaugural prayers on July 24, Hagia Sophia no longer required an entrance fee and remained accessible to all visitors.
On July 28, UN Special Rapporteur for Freedom of Religion or Belief Ahmed Shaheed and UN Special Rapporteur for Cultural Rights Karima Bennoune wrote a joint letter to President Erdogan expressing concern that “the transformation of the Hagia Sofia may set a precedent for the future change in status of other sites, which will have an overall negative impact on cultural rights and religious harmony,” and that the transformation of the Hagia Sophia from a museum to a mosque “may violate the right of people of diverse religions and backgrounds, and nonreligious people, to benefit from access to, and use of, the sites.” The letter also requested the government explain any measures it would take “to preserve the historical and cultural traces of religious minorities, to promote tolerance and understanding of religious and cultural diversity, including in the past, and to promote the equality of all persons, including members of religious minorities.”
After a 2018 Council of State ruling deferred to the Cabinet the decision to reopen Chora Museum as a mosque, the Office of the President announced on August 21 the museum would be reopened as a mosque on October 30. The opening was deferred and did not occur by the end of the year because of continuing restoration. The museum, famed for its mosaics and frescos depicting Christian imagery, was originally constructed and repeatedly renovated as the Greek Orthodox Church of the Holy Savior in the fifth century and then converted into the Kariye Mosque in 1511 before becoming a museum in 1945. According to the progovernment Yeni Safak media outlet, the Council of State determined the 1945 decision to designate the structure as a museum was illegal because it violated the charter of the foundation that owned the then-mosque; the charter stated the building would serve indefinitely as a mosque. Many local Muslims stated they welcomed President Erdogan’s decision to reconvert the museum into a mosque.
The government continued to permit annual and other commemorative religious worship services at religiously significant Christian sites previously converted to state museums, such as St. Peter’s Church in Antakya, St. Nicholas’ Church near Demre, St. Paul Church near Isparta, Church of the Holy Cross on Akdamar Island, and the House of the Virgin Mary, near Selcuk. The government granted the Greek Orthodox Ecumenical Patriarchate permission to hold its annual August 15 service at the Sumela Monastery Museum near Trabzon for the first time since suspending services in 2015 for restoration.
The trial of 13 individuals charged with conspiracy to commit a large-scale assault on an Izmit Protestant church and kill its pastor in 2013 continued through year’s end.
The country continued to host a large diaspora community of ethnic Uyghur Chinese Muslims. The People’s Republic of China (PRC) continued to seek the forcible repatriation of some Uyghur Muslims from Turkey; however, local Uyghur community sources said they knew of no cases of deportations of Uyghurs to the PRC during the year. Government officials, including Foreign Minister Mevlut Cavusoglu, reaffirmed their commitment not to return Uyghurs to China. On December 31, Foreign Minister Cavusoglu stated, “Until now, there have been requests for returns from China related to Uyghurs in Turkey. And you know Turkey hasn’t taken steps like this.”
Turkish human rights associations and multiple news sources reported on July 2 that Ankara police disbanded a demonstration organized by the Democratic Alevi Association in remembrance of the 1993 arson attack on Hotel Madimak in Sivas, which killed 33 Alevi intellectuals and two hotel staff. According to the Turkish Human Rights Association, police detained and later released seven demonstrators.
According to media reports, the governor’s office of Tunceli Province began to develop Munzur Springs, an Alevi place of worship in eastern Tunceli, as a recreational and commercial area. On September 22, excavation teams began construction on the site. “We consider this undertaking an attack on our places of worship and urge officials to revert this error,” said Dersim Research Center, an organization devoted to protecting the Munzur Springs, in an official statement. In July, authorities granted permission for hunting a limited number of mountain goats in eastern Tunceli despite public outcry against it. Endemic to the Munzur Valley National Park, mountain goats are considered sacred among local residents, according to representatives of the Dersim Center. According to media reports, in June 2019, the Ovacik District Governorate sent a letter to the muhtars (village leaders) of eight villages in the district ordering them to evacuate as soon as possible due to the villages “being in a natural disaster zone.” The district is home to many Alevis and their religious sites. According to media reports, the villages were scheduled for removal because the government had awarded a Canadian-Turkish mining consortium rights to conduct exploratory mining in Munzur National Park – a spiritual area for the Alevis containing many holy sites. The letter did not specify when the villages were to be evacuated; as of year’s end, there was no public update on the case.
The government continued to provide land for the construction of Sunni mosques and to fund their construction through municipalities. According to the Diyanet’s most recent published statistics, there were 89,259 mosques in the country in 2019, compared with 88,681 Diyanet-operated mosques in 2018. Although Alevi groups were able to build some new cemevis, the government continued to decline to provide financial support for their construction and maintenance, with some instances of municipalities providing this support.
Construction of the new Syriac Orthodox church, St. Efphrem (Mor Efrem), in Istanbul continued, with completion expected in 2021. Once completed, it will be the first newly constructed church since the founding of the Turkish Republic in 1923. To date, the approximately 18,000-member Syriac Orthodox community in Istanbul has used churches of other communities, in addition to its one current church, to hold services.
According to news reports, for the third year in a row, the annual Mass took place at the historic Armenian Akdamar Church near Van, in the east of the country, this time officiated by the newly elected Armenian patriarch. Authorities canceled annual services between 2015 and 2017, citing security concerns arising from clashes between the military and the PKK.
Government funding for daily and weekly newspapers published by minority religious communities remained pending at year’s end. In 2019, the government allocated a total of 250,000 lira ($33,700) for minority publications.
Jewish citizens again expressed concern about anti-Semitism and security threats. According to members of the community, the government continued to coordinate with them on security issues. They said the government measures were helpful and the government was responsive to requests for security.
In December, President Erdogan issued a statement wishing a Happy Hanukkah to the country’s Jewish citizens and “the entire Jewish community around the world.” He emphasized that everyone should be able to “practice their beliefs and traditions freely without any discrimination, regardless of their religion, language, or ethnic origin.” Istanbul Mayor Ekrem Imamoglu met with the Chief Rabbi and other Jewish community leaders via video conference to wish them Happy Hanukkah.
In April and September, President Erdogan again sent messages to the Jewish community celebrating Passover and Rosh Hashanah. The messages described cultural and social diversity and the symbol of “a culture of love and tolerance” as the country’s most important asset.
Renovations continued on the Etz Hayim Synagogue in Izmir, scheduled to reopen in early 2021 as both a synagogue and a museum. According to Izmir Jewish community leaders, the synagogue would form part of a “Jewish Museum” project to include several other Jewish sites nearby, some of which still required reconstruction. The project received funding from the municipal government and through international grants.
Ankara University and the Ministry of Foreign Affairs co-organized a Holocaust Remembrance Day event at the public university on January 31, with the participation of local Jewish community leaders, diplomats, government officials, academics, and students. Minister of Culture and Tourism Mehmet Ersoy was the government’s keynote speaker. Joined by the university’s rector, government speakers highlighted the country’s history of helping Jews escape Nazi persecution and its status as a cosponsor of the 2005 UN resolution designating January 27 as International Holocaust Remembrance Day. Chief Rabbi of Turkey Ishak Haleva, other leaders of the Jewish community, and high school students took part in the event. In February, the government for the fifth consecutive year commemorated the nearly 800 Jewish refugees who died aboard the Struma, a ship that sank off the coast of Istanbul in 1942. The governor of Istanbul, Chief Rabbi Haleva, other members of the Jewish community, and members of the diplomatic community attended the commemoration.
Section III. Status of Societal Respect for Religious Freedom
According to a press report, on March 20, the body of Simoni Diril, the mother of a Chaldean Catholic priest, was located two months after unidentified persons abducted Diril and her husband, Hurmuz Diril, who was still missing. Diril’s body was found near her village in southeastern Sirnak Province. According to CSW, the couple had received threats from Turkish and Kurdish residents. According to one witness, members of the PKK abducted the couple, while others said government-affiliated groups were responsible for the abduction. According to media reports, police continued to investigate the abductions, as well as the killing of Simoni Diril, through year’s end. In March, CSW Chief Executive Mervyn Thomas urged authorities to expedite efforts to secure Humuz Diril’s release, as well as “take extra measures to protect the Christian minority, and tackle hate speech, anti-Christian sentiments, and all forms of religious discrimination in Turkey.”
Some converts to Christian Protestant groups from Islam or from Christian Orthodoxy continued to report social shunning within their family, among friends, and at their workplaces following their associates’ discovery of the conversion, according to local community members.
On August 15, progovernment news site A Haber released an editorial entitled, “Who is Joe Biden, is he a Jew?” The news site published the editorial in response to Biden’s December 2019 statements about the country in an interview published by The New York Times.
News outlet An Haber Ajansi reported that on June 18, an Istanbul prosecutor rejected a complaint of hate speech filed by the president of Arnavutkoy Alevi Cemevi, Yuksel Yildiz. Yildiz filed the complaint in 2018 after a middle school teacher from the public Arnavutkoy Cumhuriyet Middle School said food prepared by Alevis should not be eaten, and he continued to explain that if one has eaten from the hand of an Alevi, one should consult an imam. The accused religious studies teacher admitted making these statements, and the school dismissed him. The prosecutor, however, rejected the legal complaint because the teacher’s actions did not “present a clear and imminent threat to public safety.”
On September 28, independent news website Duvar reported that a car convoy staged a rally in support of Azerbaijan in front of the Armenian Apostolic Patriarchate, in Istanbul’s Kumkapi District. The convoy occurred after the outbreak of hostilities between Armenia and Azerbaijan around Nagorno-Karabakh in September.
In October, unidentified individuals wrote on the door of the home of the president of Bursa’s Pir Sultan Abdal Association, an Alevi organization, “It is your time for death.” Police launched a criminal investigation of the incident that was continuing at year’s end.
According to media reports, isolated acts of vandalism of places of worship and cemeteries continued, including a growing number of instances of vandalism of Christian cemeteries, while no instances were reported in 2019. In February, media outlets reported 20 of 72 gravestones in the Ortakoy Christian Cemetery in Ankara were destroyed. Another incident occurred in Trabzon, where a grave was destroyed in the cemetery of the Santa Maria Church. In May, security cameras caught an individual attempting to vandalize an Armenian church in Istanbul. Police detained the suspect, and authorities charged him with vandalism. According to a news report in June, unknown perpetrators vandalized a monument commemorating Alevis killed in 1938. In May, according to media reports, an unidentified man tore the cross from the gate of the Armenian Surp Krikor Lusaravic Church in Kuzguncuk District, Istanbul. Police reportedly opened an investigation of the incident.
Some news outlets published conspiracy theories involving Jews and blamed Jews for the country’s economic difficulties and the genesis and spread of COVID-19. In an article appearing in the Jewish publication Avlaremoz (Judeo-Spanish for “Let’s talk”), members of the Jewish community expressed concern regarding the proliferation of pandemic conspiracies blaming Jews. In March, Nesi Altaras, an Avlaremoz editor, told the Jerusalem Post, “The pandemic has just fueled the fire of pre-existing Turkish antisemitism and conspiracy theories about Jews.”
Anti-Semitic rhetoric continued in print media and on social media throughout the year. According to a Hrant Dink Foundation project on hate speech released in December 2019, there were 430 published instances in 2019 of hate speech depicting Jews as violent, conspiratorial, and a threat to the country, compared with the 899 published instances in 2018. The foundation did not release a report for 2020. A reader’s letter published in the newspaper Yeni Akit stated Jewish residents in Istanbul trained street dogs to bite Muslims and repeated historic accusations of blood libel. Some commentators criticized the letter as ridiculous, and Mustafa Yeneroglu, a parliamentarian formerly with the ruling AKP party, denounced the content as “the language of the Nazis,” according to multiple media reports.
On March 18, Ahval reported that Fatih Erbakan, the head of the Renewed Prosperity Party, said on March 6, “While there is no hard proof, Zionism could very well be behind the coronavirus.” A video also circulated online showing bus passengers blaming the spread of COVID-19 on Jews and Israel.
On May 11, the self-described conservative magazine Gercek Hayat published an editorial showing a diagram that listed the Turkish Chief Rabbi, the Ecumenical Patriarch, and the Armenian Apostolic Patriarch as “servants of the Fethullah Gulen organization,” considered a terrorist group by the government. The editors stated that key minority religious community leaders, including Ecumenical Patriarch Bartholomew, Chief Rabbi Haleva, the former Armenian Patriarch, and Pope John Paul II, were “coconspirators” of the “Fethullahist Terrorist Organization.” Several religious leaders condemned these statements, warning the statements could incite violence and the desecration of religious sites.
In September, progovernment daily newspaper Sabah published an opinion piece criticizing the U.S.-led Abraham Accords between Israel, the United Arab Emirates, and Bahrain. The article included several anti-Semitic characterizations, including stating the deal was “masterminded by those who have omnipotent control across the globe.”
In February, the Pew Research Center published findings on attitudes towards democratic principles, such as regular elections, free speech, and free civil society, as well as religious freedom, in 34 countries, based on interviews it conducted in its Spring 2019 Global Attitudes Survey. According to the findings, 82 percent of Turkish respondents considered religious freedom to be “very important,” ranking it among the highest of their priorities for democratic principles among the nine tested.
Section IV. U.S. Government Policy and Engagement
The Ambassador, other embassy and consulate general officials, and visiting U.S. officials regularly engaged with government officials throughout the year, including at the Ministry of Foreign Affairs. They underscored the importance of religious freedom, interfaith tolerance, and condemning hateful or discriminatory language directed at any religious groups.
U.S. officials also reinforced religious freedom issues, including religious education, in private meetings with government officials. They sought government representatives’ responses to specific claims of religious freedom concerns raised by local religious communities and explored how best to collaborate between the governments of the two countries to protect and respect religious freedom.
On June 25, the Ambassador at Large for International Religious Freedom called on the government to maintain Hagia Sophia as a museum, stating on Twitter, “The Hagia Sophia holds enormous spiritual & cultural significance to billions of believers of different faiths around the world. We call on the Govt of #Turkey to maintain it as a @UNESCO World Heritage site & to maintain accessibility to all in its current status as a museum.” On July 1, the Department of State issued a press release stating it was “disappointed by the decision to change the status of the Hagia Sophia,” and looked forward “to hearing plans . . . it remains accessible without impediment for all.” On July 24, following a meeting of the President and Vice President with head of the Greek Orthodox Archdiocese of America Archbishop Elpidophoros concerning the reconversion of Hagia Sophia museum into a mosque, the Vice President tweeted, “America will stand firm with the Greek Orthodox Church in the call for Hagia Sophia to remain accessible as a source of inspiration and reflection for every person of every faith.”
U.S. government officials urged the government to implement reforms aimed at lifting restrictions on religious groups and raised the issue of property restitution and restoration. Embassy staff continued to press for the restitution of church properties expropriated in Diyarbakir and Mardin.
The Secretary of State and other senior U.S. government officials continued to urge government officials to reopen the Greek Orthodox seminary in Halki and allow all religious communities to train clergy in the country. On July 30, the Ambassador and Istanbul Consul General visited Halki to demonstrate continued interest in the reopening of the seminary. In January, the Ambassador at Large for International Religious Freedom visited the Ecumenical Patriarchate and Halki.
On June 24, the Ambassador at Large for International Religious Freedom recognized Turkey for calling out the PRC for its repression of Muslim minorities in Xinjiang. Embassy officials at the highest level met with Ministry of Foreign Affairs officials during the year to discuss the country’s continued support for Uyghurs in the face of Chinese pressure.
During a November trip to Istanbul, the Secretary of State met with religious leaders, including Ecumenical Patriarch Bartholomew I and Archbishop Paul Russell, the Holy See’s envoy to Turkey. He also visited St. George’s Cathedral and the Rustem Pasha Mosque.
On December 1 and 3, the Ambassador at Large for International Religious Freedom virtually convened international prominent faith leaders from Islam, Christianity, and Judaism for the second meeting of the Abrahamic Faiths Initiative focused on countering hate speech, protecting holy sites, and engaging the public. Representatives from the country’s religious community attended.
In August, the Ambassador traveled to the city of Edirne to visit Muslim and Jewish historic sites and to demonstrate the U.S. government’s commitment to religious freedom.
On January 31, the Ambassador attended a Holocaust Remembrance Day ceremony at Ankara University with senior host government officials and the leadership of the country’s Jewish community.
Due to COVID-19 and subsequent country and mission restrictions, senior U.S. embassy and consulate general officials had limited physical engagement with religious community contacts and places of worship, but they regularly engaged virtually and to the extent possible in person with a wide range of religious community leaders to hear and address their concerns and promote interreligious dialogue. Officials from the embassy and consulates general engaged with members of the Greek Orthodox, Jewish, Armenian Apostolic Orthodox Christian, Armenian Protestant, Armenian Catholic, Protestant, Alevi, Syriac Orthodox, Syriac Catholic, Roman Catholic, Chaldean Catholic, and Church of Jesus Christ religions, among others, throughout the country. The embassy and consulates general used Twitter, Facebook, and Instagram to emphasize the importance of the inclusion of religious minorities, including messages under hashtags such as #DiniOzgurluk (religious freedom), on designated days that recognized and underscored the U.S. government commitment to religious freedom and human rights.
Turkmenistan
Executive Summary
The constitution provides for the freedom of religion and for the right of individuals to choose their religion, express and disseminate their religious beliefs, and participate in religious observances and ceremonies. The constitution guarantees the separation of government and religion and stipulates that religious organizations are prohibited from “interference” in state affairs. The law on religion requires all religious organizations, including those previously registered under an earlier version of the law, to reregister regularly with the Ministry of Justice (MOJ) in order to operate legally. According to religious organizations, government security forces continued to severely restrict the importation of religious literature, and it remained difficult to obtain places of worship. According to Jehovah’s Witnesses, as of the end of the year, 11 Jehovah’s Witness conscientious objectors were imprisoned for refusing military service; several were sentenced to prison terms of one year to two years. The government continued not to offer civilian service alternatives for conscientious objectors. The government registered one new religious organization, and six religious organizations amended their charter during the year. According to local religious communities and international advocacy groups, members of some registered and unregistered Christian organizations continued to face official and unofficial harassment, raids, and house searches, usually as a result of attempting to gather for purposes of communal worship. The government continued to appoint all senior Muslim clerics and scrutinize or obstruct religious groups attempting to purchase or lease buildings or land for religious purposes.
Religious leaders and others again stated they were reluctant to speak out publicly about religious freedom issues out of fear of harassment, ostracism, or public shaming by their family members, friends, and neighbors. Numerous citizens stated that the government’s suspicion of religion continued to be mirrored in the private sector, and that membership in a minority religious organization or even “excessive” expressions of religion could result in the loss of employment or employment opportunities. Some members of minority religious groups reported societal prejudices against religious groups that were not Sunni Muslim or Russian Orthodox.
In meetings and official correspondence with government officials, the Ambassador, embassy representatives, and other U.S. government officials expressed concern about religious freedom issues, including the legal status of conscientious objectors, the factors that determined Turkmenistan’s designation as a Country of Particular Concern, the ability of religious groups to register or reregister, and restrictions on the import of religious literature. Multiple times during the year, the embassy requested that President Gurbanguly Berdimuhamedov pardon all Jehovah’s Witnesses imprisoned as conscientious objectors. In January, the Ambassador and other embassy officials, along with ambassadors and senior officials from European embassies, met with 10 minority religious groups to discuss their challenges in the face of a restrictive environment for religious freedom, including challenges of reregistration, the inability to import religious literature, and the lack of places of worship.
Since 2014, Turkmenistan has been designated as a Country of Particular Concern (CPC) under the International Religious Freedom Act of 1998 for having engaged in or tolerated particularly severe violations of religious freedom. On December 2, 2020, the Secretary of State redesignated Turkmenistan as a CPC and announced a waiver of the sanctions that accompany designation as required in the “important national interest of the United States.”
Section I. Religious Demography
The U.S. government estimates the total population at 5.5 million (midyear 2020 estimate). According to U.S. government estimates, the country is 89 percent Muslim (mostly Sunni), 9 percent Eastern Orthodox, and 2 percent other. There are small communities of Jehovah’s Witnesses, Shia Muslims, Baha’is, Roman Catholics, members of the International Society for Krishna Consciousness, and evangelical Christians, including Baptists and Pentecostals.
Most ethnic Russians and Armenians identify as Orthodox Christian and generally are members of the Russian Orthodox Church or Armenian Apostolic Church. Some ethnic Russians and Armenians are also members of smaller Protestant groups.
There are small pockets of Shia Muslims, consisting largely of ethnic Iranians, Azeris, and Kurds, some located in Ashgabat, with others along the border with Iran, and in the western city of Turkmenbashi.
According to the Israeli embassy, approximately 200 Jews live in the country.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution provides for freedom of religion and worship and for the right of individuals to choose their religion, express and disseminate their religious beliefs, and participate in religious observances and ceremonies. The constitution separates the roles of government and religion, stipulating religious organizations are prohibited from “interference” in state affairs or carrying out state functions. The constitution states public education shall be secular in nature. It provides for the equality of citizens before the law regardless of their religious preference.
The law requires all religious organizations, including those that had registered previously, to reregister with the MOJ in order to operate legally in the country whenever the organization changes its address or amends its legal charter. In practice, however, religious groups have a de facto requirement to reregister approximately every three years. The law permits only the registration of those religious organizations that have at least 50 resident members older than the age of 18. The law defines a religious organization as a voluntary association of citizens affiliated with a religion, organized to conduct religious services and other rites and ceremonies as well as to provide religious education and registered in accordance with the country’s legislation. According to the Ministry of Foreign Affairs, there are 132 religious organizations in the country, drawn from Muslim, Christian, and other faith groups; most (109) are Muslim.
According to the law, the State Commission on Religious Organizations and Expert Evaluation of Religious Information Resources (SCROEERIR) is responsible for helping registered religious organizations work with government agencies, explaining the law to representatives of religious organizations, monitoring the activities of religious organizations to ensure they comply with the law, assisting with the translation and publication of religious literature, and promoting understanding and tolerance among different religious organizations. The law states SCROEERIR must approve all individuals appointed as leaders of religious organizations, although the law does not specify the procedures for obtaining the required approval. SCROERRIR operates under the leadership of the Grand Mufti, who is appointed by the government, as are all other senior Muslim clerics. The Deputy Chairman of the Cabinet of Ministers for education, health, religion, sports, tourism, science, new technologies, and innovation oversees SCROEERIR’s work. The chairman of SCROEERIR is also the chairman of the Department for Work with Religious Organizations of the Cabinet of Ministers. One member of SCROEERIR is from the Russian Orthodox Church.
To register, organizations must submit to SCROEERIR their contact information; proof of address; a statement requesting registration signed by the founders and board members of the organization; two copies of the organization’s charter; the names, addresses, and dates of birth of the organization’s founders, and pay a registration fee of ranging from 100 to 800 manat ($29 to $230), based on location of registration and other factors. Once SCROEERIR endorses an application for registration, it is submitted to the MOJ, which coordinates an interministerial approval process involving the Ministry of Foreign Affairs, Ministry of National Security, Ministry of Internal Affairs, and other government offices. According to government procedures, the MOJ may additionally request the biographic information of all members of an organization applying for registration. The law states that leaders of registered religious organizations must be citizens who have received an “appropriate religious education,” but it does not define that term. Each subsidiary congregation of a registered religious organization must also register, and the registration process is the same as that which applies to the parent organization.
The tax code stipulates registered religious organizations are exempt from taxes.
The law states the MOJ will not register a religious organization if its goals or activities contradict the constitution or if SCROEERIR does not endorse its application. The law does not specify the standards SCROEERIR uses to make that determination. The law assigns the Office of the Prosecutor General to monitor the compliance of a religious organization with the constitution. The law specifies a court may suspend the activities of a religious organization if it determines the organization to be in violation of the constitution; that suspension may only be overcome if the organization submits documentation satisfying the court that the activities that led to suspension have been stopped. The law also states that grounds for dissolution of a religious organization include activities “that violate the rights, freedoms, and lawful interests of citizens” or “harm their health and morale.”
The administrative code covering religious organizations delineates a schedule of fines for conducting activities not described in a religious organization’s charter.
Unregistered religious organizations and unregistered subsidiary congregations of registered religious organizations may not legally conduct religious activities; establish places of worship; gather for religious services, including in private residences; produce or disseminate religious materials; or proselytize. Any such activity is punishable as an administrative offense by fines ranging from 100 to 2,000 manat ($29 to $570), with higher fines for religious leaders and lower fines for lay members.
The law states MOJ officials have the right to attend any religious event held by a registered religious organization and to question religious leaders about any aspect of their activities.
The administrative code stipulates penalties of from 200 to 500 manat ($57 to $140) for officials who violate an individual’s right of freedom to worship or right to abstain from worship, but this has not been enforced in practice.
The criminal and administrative codes provide punishment for the harassment of members of registered religious organizations by private individuals. According to the administrative code, obstructing the exercise of religious freedom is punishable by a fine of from 1,000 to 8,700 manat ($290 to $2,500) or detention of from 15 days to one year of “corrective labor,” which involves serving in a government-assigned position in a prison near one’s home or at a location away from one’s home. If an obstruction involves a physical attack, the punishment may entail up to two years in prison. According to the criminal code, the fine is calculated as five to 10 times an individual’s average monthly wages (4,350 to 8,700 manat or $1,200 to $2,500).
The law allows registered religious organizations to create educational establishments to train clergy and other religious personnel after obtaining a license to do so. The Cabinet of Ministers establishes the procedures for obtaining a license. The law also states individuals teaching religious disciplines at religious educational establishments must have a theological education and must carry out their activities with the permission of the central governing body of the religious organization and the approval of SCROEERIR.
Local governments have the right to monitor and “analyze” the “religious situation” within their jurisdiction, send proposals to SCROEERIR to change or update legislation on religious freedom, and coordinate religious ceremonies conducted outside of religious buildings.
The law allows local governments, with the approval of SCROEERIR, to make decisions regarding the construction of religious buildings and structures within their jurisdiction.
Under the criminal code, polygamy carries penalties of up to two years of labor or fines of 17,400 to 26,100 manat ($5,000 to $7,500).
The law prohibits the publication of religious literature inciting “religious, national, ethnic, and/or racial hatred,” although it does not specify which agency makes this determination. SCROEERIR must approve imported religious literature, and only registered religious organizations may import literature. Registered religious organizations may be fined for publishing or disseminating religious material without government approval. The administrative code sets out a detailed schedule of fines, ranging from 200 to 2,000 manat ($57 to $570), for producing, importing, and disseminating unauthorized religious literature and other religious materials.
Religious instruction is not part of the public school curriculum. The law allows registered religious organizations to provide religious education after school to children for up to four hours per week with parental and SCROEERIR approval, although the law does not specify the requirements for obtaining SCROEERIR’s approval. Persons who graduate from institutions of higher religious education, and who obtain approval from SCROEERIR, may provide religious education. According to the law, citizens have a right to obtain religious education, although obtaining religious education in private settings such as residences is prohibited, and those offering religious education in private settings are subject to legal action. The law prohibits unregistered religious groups or unregistered subsidiary congregations of registered religious organizations from providing religious education. The administrative code sets out a detailed schedule of fines, ranging from 100 to 500 manat ($29 to $140), for providing unauthorized religious education to children.
The constitution states two years of military service are compulsory for men older than the age of 18. Although service in noncombat roles is allowed, the government does not offer civilian service alternatives for conscientious objectors. Refusal to perform the compulsory two-year service in the armed forces is punishable by a maximum of two years in prison or two years of “corrective labor.” In addition, the state withholds part of the salaries of prisoners sentenced to corrective labor in an amount designated by the court. Salary deductions range between 5 to 20 percent. The law states no one has the right for religious reasons to refuse duties established by the constitution and the law. Until the age of 27, individuals may be convicted each time they refuse compulsory military service, potentially resulting in multiple convictions in their lifetimes.
The constitution and law prohibit the establishment of political parties on the basis of religion, and the law prohibits the involvement of religious groups in politics.
The law does not address the activities of foreign missionaries and foreign religious organizations. The administrative code, however, bans registered religious organizations from receiving assistance from foreign entities for prohibited activities.
The law requires religious groups to register all foreign assistance with the MOJ and to provide interim and final reports on the use of funds. The administrative code provides a detailed schedule of fines of up to 10,000 manat ($2,900) on both unregistered and registered religious groups for accepting unapproved funds from foreign sources.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Military-age Jehovah’s Witnesses continued to be arrested and imprisoned for refusing military service; five were arrested and imprisoned during the year. As of the end of the year, 11 Jehovah’s Witnesses conscientious objectors were imprisoned for refusing military service, compared with 10 at the end of 2019.
According to the human rights nongovernmental organization (NGO) Forum 18, early in the year, the Dashoguz Provincial Court sentenced Jehovah’s Witnesses Kamiljan Ergashov and Vepa Matyakubov to two years in prison for refusing compulsory military service. This was reportedly the second conviction for Matyakubov, who was first convicted in 2017, placed under house arrest, and forced to forfeit 20 percent of his salary. His older brother, Dovran, was imprisoned twice for conscientious objection, first in December 2010 and again in December 2012. Matyakubov’s sentence included a statement from SCROEERIR that “the religion of Jehovah’s Witnesses is not officially registered in Turkmenistan.”
According to Forum 18 and the Jehovah’s Witnesses’ official website, brothers Eldor and Sanjarbek Saburov were sentenced to two years and imprisoned in August for their conscientious objection to military service. Forum 18 reported that both lost their appeal to the Dashoguz Provincial Court on September 1 and faced a sentence of corrective labor because both had been charged with the same offense previously (Sanjarbek in 2016 and Eldor in 2017).
According to Forum 18, in September, Myrat Orazgeldiyev, a member of Jehovah’s Witnesses, was sentenced to one year in prison for conscientious objection by a district court in Mary Province.
Forum 18 also reported that in May, Jehovah’s Witnesses filed a complaint with the UN Working Group on Arbitrary Detention on behalf of 19 current or former imprisoned conscientious objectors.
According to Forum 18, in March, the Lebap Provincial Court fined a homeowner 200 manat ($57) and confiscated his computer for hosting a gathering to celebrate Christmas in 2019. In February, secret police from the Ministry of National Security reportedly raided a home in Dashoguz Province where local Christians were meeting. All the participants were taken to the police station and the home owner was later fined 200 manat ($57). That same month, local police reportedly raided another house in Dashoguz Province where a group of Protestants was attending a housewarming celebration. All those present were taken to the police station and forced to write statements indicating they had attended an illegal religious meeting. In January, police summoned a group of women to make statements and give fingerprints following a raid on their Christmas 2019 gathering in a village in Lebap Province. There were no further developments in this case by year’s end.
Forum 18 also reported that in Lebap Province in February, officials banned state employees – including those working in education, culture, health, the military, and the police – from attending Friday prayers in mosques. The employees were warned that if they were seen in mosques they would be fired from their jobs. Officials also banned them from praying at their place of work.
In its report covering 2020, NGO Open Doors ranked the country on its World Watch List of countries where Christians are persecuted. The NGO said the government imposed many restrictions on church life and Christians are highly susceptible to police raids, threats, arrests, and fines unless they are part of a registered church. According to local religious community members and international advocacy groups, members of some Christian organizations faced harassment, raids, and house searches, usually as a result of attempting to gather for purposes of communal worship. They reported that security services interviewed members of religious organizations and demanded they provide information on their communities’ activities. Some members also reported that security officials interrogated their friends and family members, asking about the members’ religious activities. Christian groups reported that Turkmen who converted from Islam experienced government scrutiny and were subject to discrimination. For example, the groups reported converts were denied government jobs or fired from jobs based on their religion.
Unregistered groups stated their members were subject to arrest for “unlawful assembly,” in addition to fines stipulated by law. Members of these groups said they continued to practice discreetly, mostly in private homes, and could do so as long as neighbors did not file complaints with local authorities.
Representatives of registered Christian groups said some government officials continued to require them to obtain approval to carry out routine religious activities, such as weekly services, as well as social and charitable activities, including summer camps for children. Some groups sought official approval of such activities, even if they did not believe that approval was required, in order to assure the events would not be disrupted.
Religious groups continued to report the government prevented or severely limited the importation of and access to religious literature; even the few groups who were successful in importing literature complained about the restrictive procedures. Although by law registered religious groups were allowed to import religious literature, they said the government’s opaque procedures made it extremely difficult. The Quran remained unavailable in state bookstores in Ashgabat, although many individuals kept a Soviet-era copy in Arabic or Russian in their homes. Few translations were available in the Turkmen language. The Ministry of Foreign Affairs said SCROEERIR allowed the import of 240 religious books during the year.
Members of various religious groups reported that the government and state-affiliated enterprises continued to interfere in the purchase or long-term rental of land and buildings for worship or meeting purposes. Some of the groups reported that landlords feared government reprisal if they leased properties to be used as places of worship. Some groups reported that they had secured properties only to have the landlords renege on the contacts after being instructed by the government. Other groups stated that attempts to purchase land or property to use as places of worship were stymied by intentional government obfuscation or flat-out denial. Registered and unregistered religious groups reported continued difficulty in renting space for holiday celebrations from private landlords, which they attributed to landlords’ concerns about potential government disapproval.
The theology faculty in the Turkmen State University history department in Ashgabat continued to be the only university-level members allowed to provide Islamic higher education. The Ministry of National Security reportedly continued to vet student candidates for admission to this program. The state-approved Islamic theology program remained the only course of study available. Women remained banned from the program.
On February 21, President Berdimuhamedov attended the opening of a 3,000-person-capacity mosque in Turkmenabat, Lebap Province. After the tour, he hosted a communal meal with government officials, Muslim leaders, and local business leaders.
According to members of the Protestant community, clergy in Protestant organizations continued to receive their religious education abroad or via distance learning.
The government continued its practice of approving the appointment of all senior Muslim clerics. The Russian Orthodox Church and other religious groups continued to be financed independently; the government was not involved in appointing their leadership, but the senior Russian Orthodox priest was required to be a Turkmen citizen.
The government continued its practice of denying visas to foreigners suspected of conducting or intending to conduct missionary activity. Religious groups able to obtain religious visitor visas for foreign religious speakers said the government continued to grant such visas for very short durations and required the groups to complete burdensome paperwork. As in previous years, the government did not report the number of religious visitors it allowed into the country, nor did it report the number of visa applications of foreign religious visitors it had denied. Pro-government media reported positively on the visit of a Russian Orthodox Archbishop in February, before borders were closed due to the COVID-19 pandemic.
Section III. Status of Societal Respect for Religious Freedom
Minority religious groups said persons who were not Sunni Muslim or Russian Orthodox continued to report harassment, such as public shaming, by their family members, friends, and neighbors. Members of registered Christian groups continued to report hostility from acquaintances due to their religious affiliation. Religious leaders and others stated they continued to be reluctant to speak out publicly about religious freedom issues out of fear of harassment, ostracism, or public shaming by their family members, friends, and neighbors. Numerous citizens continued to state that the government’s suspicion of religion was often mirrored in the private sector, and that membership in a minority religious organization or even outward expressions of religion, such as how one wears a headscarf or religious symbol, could result in the loss of employment or employment opportunities. Some members of minority religious groups reported continued societal prejudices against religious groups that were not part of the Sunni Muslim majority.
Persons who joined non-Sunni Muslim or Russian Orthodox religious groups reported continuing societal criticism. Ethnic Turkmen who converted from Islam received more societal scrutiny than non-Turkmen converts and continued to be ostracized at community events, especially in rural areas, according to representatives of religious minority groups.
According to Christian community leaders, Muslims who converted to Christianity faced pressure from families, friends, and local communities to return to their former faith. In its report covering 2020, Open Doors said Christians who come from Muslim backgrounds experienced intense pressure to deny their faith.
Section IV. U.S. Government Policy and Engagement
In meetings and official correspondence with government officials, the Ambassador, embassy representatives, and U.S. government officials continued to express concerns about issues of religious freedom in the country. These included the legal status of conscientious objectors, Turkmenistan’s designation as a Country of Particular Concern, the ability of religious groups to register or reregister, and easing restrictions on the importation of religious literature. The Ambassador, personally in meetings, and the embassy, via diplomatic notes, requested that President Berdimuhamedov pardon all Jehovah’s Witnesses imprisoned as conscientious objectors.
In January, the Ambassador and other embassy officials met with representatives of 10 minority religious groups to discuss their challenges in the face of a restrictive environment for religious freedom. Several other ambassadors and senior embassy officials from European countries also took part. Representatives from religious organizations spoke about challenges of reregistration, the inability to import religious literature, and the lack of places of worship.
Since 2014, Turkmenistan has been designated as a CPC under the International Religious Freedom Act of 1998 for having engaged in or tolerated particularly severe violations of religious freedom. On December 2, 2020, the Secretary of State redesignated Turkmenistan as a CPC and announced a waiver of the sanctions that accompany designation as required in the “important national interest of the United States.”
Venezuela
Executive Summary
The constitution provides for freedom of religion on the condition its practice does not violate public morality, decency, or public order. Representatives of the conference of Catholic bishops, officially known as the Catholic Episcopal Conference of Venezuela (CEV), and the Evangelical Council of Venezuela (ECV) said clergy and other members of their religious communities were harassed, intimidated, and retaliated against for continuing to call attention to the country’s humanitarian crisis. In April, officers of the Bolivarian National Guard (GNB) detained Father Geronimo Sifontes, coordinator of the Catholic NGO Caritas, in Monagas State. Roman Catholic and evangelical Protestant leaders stated the Maduro regime and its aligned groups disrupted church services, attacked churchgoers, and destroyed church property. Media reported nonstate armed groups (NSAGs), called colectivos, aligned with Nicolas Maduro continued to attack churches and their congregants during the year. On January 15, a group of Maduro-aligned colectivos led by regime-controlled security forces assaulted teachers attending Mass prior to a planned protest in Caracas, launching bottles, urine, and feces at them. Church leaders reported Bolivarian National Intelligence Service (SEBIN) officials continued to intimidate priests who criticized Maduro in their sermons. There were reports that regime officials continued to prevent clergy opposing Maduro from holding religious services. According to media reports and other sources, throughout the year, members of the Maduro regime attempted to discredit religious organizations for criticizing the regime. Editorials in pro-Maduro media outlets continued to accuse interim President Juan Guaido and other interim government officials as agents or lobbyists of Zionism. Representatives of the Confederation of Jewish Associations of Venezuela (CAIV) said criticism of Israel in Maduro-controlled or -affiliated media continued to carry anti-Semitic overtones, sometimes disguised as anti-Zionist messages. They said Maduro-controlled or -associated media and supporters again denied or trivialized the Holocaust and promoted conspiracy theories linking Israel and Jews to the COVID-19 pandemic.
On April 22, representatives of the CEV, ECV, Seventh-day Adventist Church, Anglican Church, Jewish community, and other religious groups and other social organizations announced the creation of the Venezuelan Interreligious Social Council. Representatives said the purpose of the council was to build consensus and dialogue based on respect for human rights, democratic institutions, and the rule of law.
During the year, the VAU continued to engage with the Guaido-led interim government. The VAU also continued to maintain close contact with a wide range of religious groups, including the Jewish, Muslim, evangelical Protestant, and Catholic communities. VAU representatives and members of these groups discussed repression and attacks on religious communities committed by the Maduro regime; harassment by the regime’s aligned and armed civilian gangs; and anti-Semitic posts in social media and in regime-controlled media.
Section I. Religious Demography
The U.S. government estimates the total population at 28.6 million (midyear 2020 estimate), compared with 32.1 million in the 2019 midyear estimate – a decrease attributable to the outmigration of millions of Venezuelans. The U.S. government estimates 96 percent of the population is Catholic. The remaining population includes evangelical Protestants, members of The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), Jehovah’s Witnesses, Muslims, Baha’is, and Jews. Observers estimate as much as 30 percent of the population follows practices of Afro-descendant religions Santeria and Espiritismo, some of which also influence Catholic practices in the country, including in Catholic Church music and festivals.
The ECV estimates 18 percent of the population is Protestant, the majority of whom are members of evangelical Protestant churches. The Church of Jesus Christ estimates its numbers at 168,500. The Muslim community numbers more than 100,000 and consists primarily of persons of Lebanese and Syrian descent living in Nueva Esparta State and the Caracas metropolitan area. Sunnis are the majority, with a minority Shia community primarily in Margarita Island in Nueva Esparta State. According to the Baha’i community, its membership is approximately 5,000. According to CAIV, the Jewish community numbers approximately 6,000, with most members living in Caracas. Media estimate there are 5,000 Jews, compared with 30,000 in 1999.
Section II. Status of “Government” Respect for Religious Freedom
Legal Framework
The constitution provides for freedom of religion on the condition that the practice of a religion does not violate public morality, decency, or public order. A 1964 concordat governs relations between the government and the Holy See and provides for government funding for Catholic Church-run schools. In 2017, the National Constituent Assembly (ANC), which the National Assembly, democratically elected in 2015, and the Guaido-led interim government and much of the international community consider illegitimate, passed an anti-hate law criminalizing acts of incitement to hatred or violence. Individuals who violate the law face 10 to 20 years in prison. The law includes 25 articles stipulating a wide array of directives, restrictions, and penalties. The law criminalizes political party activities promoting “fascism, intolerance, or hatred,” which comprise numerous factors, including religion. It also criminalizes individual acts promoting violence or hatred, the publication or transmission of any messages promoting violence or hatred by any media outlet, and the publication of messages promoting violence or hatred on social media. Among the violations are those committed by individuals or media outlets, including by members of religious groups or media associated with a religious group.
The Directorate of Justice and Religion (DJR) in the Maduro-controlled Ministry of Interior, Justice, and Peace (MOI) maintains a registry of religious groups, disburses funds to religious organizations, and promotes awareness and understanding among religious communities. Each religious group must register with the DJR to acquire legal status as a religious organization. Registration requires declaration of property belonging to the religious group, identification of any religious authorities working directly for it, and articles of incorporation. Religious groups are required to demonstrate how they will provide social services to their communities and to receive a letter of acceptance from the regime-controlled community council in the neighborhood(s) where the group will work. The MOI reviews applications and may delay approval indefinitely. Religious groups must register any new statutes with the DJR.
The law neither prohibits nor promotes religious education in public schools. An 18-year-old agreement between the CEV and the state allows catechists to teach Christian and sacramental values in public schools in preparation for First Communion; this agreement, however, is not enforced.
The law provides for Catholic chaplains to minister to the spiritual needs of Catholics serving in the military. There are no similar provisions for other religious groups.
The country is a party to the International Covenant on Civil and Political Rights. “Government” Practices
“Government” Practices
CEV and ECV representatives said the Maduro regime harassed, intimidated, and retaliated against their clergy and other members of their religious communities for continuing to call attention to the country’s humanitarian crisis. On April 8, GNB officers detained Father Geronimo Sifontes, coordinator of the Catholic NGO Caritas, in Monagas State on the grounds that he lacked permission to hold a public gathering under COVID-19 quarantine restrictions. Sifontes installed an improvised altar in front of the Santo Domingo de Guzman Church, which included a cross and a tattered Venezuelan flag. Sifontes then led a procession, remaining in his vehicle the entire time, with a statue of Jesus bearing the cross atop his car through the streets of Las Cocuizas, Monagas State. Parishioners denounced Sifontes’ detention as illegal and arbitrary. Sifontes was released later the same day.
Media reported that NSAGs aligned with the Maduro regime continued to attack churches and their congregants during the year. On January 15, members of the teachers union gathered at the Cathedral of Caracas for Mass prior to a protest against Maduro. Colectivos attacked the teachers in the church, launching bottles, urine, and feces at them. Teachers and journalists covering the protest reported the colectivos involved in the attack were led by members of the GNB. According to sources, on February 11, members of a colectivo linked to the regime attacked a Catholic soup kitchen and health services clinic in Los Teques, Miranda State. The armed and masked colectivos threatened the occupants, robbed them of their valuables, and beat the soup kitchen’s coordinator so severely she was hospitalized.
There were reports that Maduro representatives continued to prevent clergy opposing the regime from holding religious services. On October 5, the mayor of Barbacoas, in Aragua State, closed down and fired the staff of Catholic radio station The Singing Revolutionary. The station director’s son, Anthony Gonzalez, previously a seminarian at a local seminary, led a religious service on October 4, during which he criticized Maduro for the lack of ambulances, biosafety equipment, and supplies at medical centers needed to transport and treat COVID-19 patients as well as combat the disease.
Church leaders reported SEBIN officials continued to intimidate priests who criticized Maduro in their sermons. The leaders said SEBIN officers followed and harassed Catholic laity involved in delivering humanitarian aid or participating in public demonstrations and photographed their homes.
According to media reports and other sources, throughout the year, members of the Maduro regime attempted to discredit religious organizations for criticizing the regime. In a January 14 homily, Bishop Victor Hugo Basabe – Bishop of the Diocese of San Felipe and Apostolic Administrator of the Archdiocese of Barquisimeto – denounced what he called the abuse of power and use of force against the population. Later the same day, Maduro responded to Basabe’s remarks in his annual address to the ANC, in which he accused Basabe of using the homily to manipulate faith for “retrograde, reactionary, and right-wing politics,” and he demanded bishops not conduct politics from the pulpit.
During a July 27 television broadcast, Maduro called on the Catholic Church to use its churches and other places of worship, closed during the COVID-19 pandemic, to house Venezuelans returning from abroad who had contracted COVID. The CEV responded that church facilities, while engaged in the distribution of medicine and humanitarian aid, lacked the necessary equipment and medical infrastructure to provide lifesaving care to COVID patients. CEV representatives stated that Maduro’s demand was an attempt to deflect criticism from his mistreatment of Venezuelans afflicted by the virus. Mariano Parra Sandoval, Archbishop of Coro, Falcon State, suggested Maduro use military installations instead of churches because the former were better equipped to care for COVID-19 patients. According to humanitarian aid organizations, the Maduro regime instead forcibly detained returning COVID-positive Venezuelans in makeshift camps under terrible conditions.
Media reported the Maduro regime regularly accused Catholic laity of being “perverts” and perpetrators of pedophilia who acted with the complicity of Church leadership. On January 22, then-Interior Minister Nestor Reverol, an active-duty National Guard general who later became Minister of Electrical Energy, stated, “Instead of devoting themselves to politics, Catholic authorities should focus on removing priests who engage in these aberrant activities.” He cited the case of Father Jesus Manuel Rondon Molina, of Rubio, Tachira State, killed on January 16 by an individual who said the priest had sexually abused him. On January 20, the CEV issued a statement denying the Church had attempted to cover up abuse allegations and stating the Church had initiated an investigation of Rondon Molina and prohibited him from meeting with minors.
According to media, on March 29, colectivos spray-painted words threatening to attack “the damned opposition” on the walls of the Saint Catalina Church in Carupano, Sucre State, signing the messages with “Bolivarian Fury.” Colectivos adopted the phrase from a March 26 speech by Maduro to launch an intimidation campaign against perceived opponents.
CAIV representatives said Maduro regime representatives continued to believe members of the Jewish community maintained direct lines of communication with the White House and that the community placed U.S. interests above those of the country. According to the Anti-defamation League (ADL), most anti-Semitic messaging on social media and other media continued to originate from Maduro and his supporters. Some members of the Jewish community stated the regime and those sympathetic to it, including some media outlets, used anti-Zionism to mask anti-Semitism, saying they avoided accusations of anti-Semitism by replacing the word “Jewish” with “Zionist.” During the year, editorials in state-owned and pro-Maduro media outlets accused Guaido and Guaido-nominated representatives of being agents or lobbyists for Zionism. During a September 2 television broadcast, ANC president Diosdado Cabello called opposition politician David Smolansky “an agent of Zionism, the most murderous of Zionist assassins.”
Regime-controlled news media and regime-friendly social media posts circulated theories that linked the COVID-19 pandemic to Israel and Jews. In a May 15 social media post, Basem Tajeldine, an analyst for state-owned media outlet TeleSur, characterized Israel as a virus, calling the “IsraHell virus as much of a killer as COVID-19, eating the lungs of the Palestinian people from the 1947 Nakba to today.”
Members of the Maduro regime continued to trivialize or deny the Holocaust. On June 12, the Maduro-controlled Supreme Court appointed Luis Fuenmayor Toro, known for his statements questioning the existence of the Holocaust, to the National Electoral Council.
On October 19, the CEV released a pastoral letter, “On the social, economic, moral and political situation of the country,” that stated “both the ruling party and the opposition do not present a project for the country that is able to bring together and convince the majority of the Venezuelan people to live in justice, freedom and peace” and that called for “a change of attitude in all the political leaders.” According to the CEV letter, and in reference to what it termed the fraudulent December 6 legislative elections, “The electoral event scheduled for next December 6, far from contributing to the democratic solution of the political situation we are experiencing today, tends to worsen it,” and, “It is immoral to hold elections when people suffer the consequences of the pandemic, lack the minimum conditions necessary for their survival, and there are no transparent rules and verification mechanisms that should characterize an electoral process.”
In response to the creation in April of the Venezuelan Interreligious Social Council by religious groups not associated with Maduro, the regime created its own National Religious Council that included representatives of the Muslim, Jewish, evangelical Protestant, and Afro-descendant communities, as well as the Anglican and Russian Orthodox Churches. Observers criticized the move as an attempt to politicize religious communities and create the appearance of support for the Maduro regime.
Throughout the year, members of the Maduro regime met with the Evangelical Christian Movement for Venezuela (MOCEV), a pro-Maduro organization. Leaders of the Evangelical and Baptist Churches said members of MOCEV were unknown to them and did not speak for their religious communities. ECV Vice President Jose Pinero said he believed MOCEV may have received benefits from the regime in exchange for its political support.
The Evangelical Theological University of Venezuela, whose foundation Maduro announced in December 2019, had not opened by year’s end. Members of the Catholic and Evangelical communities rejected the initiative, stating it was an attempt to “buy their conscience,” and they voiced concern that any such institution would demonstrate an ideological bent in favor of the Maduro. On February 13, Jose Vielma Mora, Maduro’s Vice President for Religious Affairs, called for the creation of religious workshops and educational programs at universities to build religious tolerance. Observers criticized the announcement as “political interference” and an attack on the independence of the religious and university sectors. Student leaders pointed out the impracticality of such programs, given the regime’s refusal to fund university budgets, combined with the COVID-19 pandemic, all of which, they said, limited the ability of universities to hold classes of any type.
Section III. Status of Societal Respect for Religious Freedom
Articles published on the online newspaper Aporrea stated COVID-19 was a biological weapon developed by Israel, and that Zionists used the pandemic to destabilize the country and foment a coup against Maduro.
On April 22, representatives of the CEV, ECV, Seventh-day Adventist Church, Anglican Church, Jewish community, and other religious groups and social organizations announced the creation of the Venezuelan Interreligious Social Council. According to its founding members, the purpose of the council was to build consensus and dialogue based on respect for human rights, democratic institutions, and the rule of law. Auxiliary Bishop of Caracas and CEV Secretary General Jose Trinidad Fernandez said the council was “a structure of reflection and action based on plurality, whose contribution will generate consensus to mitigate the serious problems that our society is experiencing.”
Section IV. U.S. Government Policy and Engagement
The United States continues to recognize the authority of the democratically elected 2015 National Assembly and of Juan Guaido as the interim President of Venezuela and does not recognize the Maduro regime as a government. In 2019, the Department of State announced the temporary suspension of operations of the U.S. Embassy in Caracas and the withdrawal of diplomatic personnel and announced the opening of the VAU, located at the U.S. Embassy in Bogota, Colombia. The VAU is the U.S. mission to Venezuela, which continues engagement with the Government of Venezuela and outreach to the Venezuelan people. During the year, the VAU maintained close contact with the Guaido-led interim government to discuss actions by the Maduro regime that infringe upon religious freedom and other human rights.
VAU officials communicated regularly with a wide range of religious communities and leaders in the country to discuss the treatment of religious groups, anti-Semitic rhetoric by the Maduro regime and its supporters, and reprisals on some faith groups that disagree with Maduro’s political agenda. In conversations with embassy officials, religious leaders expressed their concern that the continued presence of the Maduro regime would only further the political, economic and humanitarian crisis in the country, and that criticism of Maduro would increase hostility towards faith communities. VAU officials held meetings with representatives from the CEV, ECV, CAIV, and the Muslim community. Each community expressed interest in maintaining communications and exploring possible outreach programs in the future. The VAU also communicated the value of religious freedom in interviews with media outlets and on digital media.
Yemen
Executive Summary
The constitution declares Islam the state religion and sharia the source of all legislation. It provides for freedom of thought and expression “within the limits of the law” but does not mention freedom of religion, belief, or conscience. The law prohibits denunciation of Islam, conversion from Islam to another religion, and proselytizing directed at Muslims. The conflict that began in 2014 between the government, led by President Abd Rabbuh Mansour Hadi, and Houthi-led Ansar Allah, a Zaydi Shia movement, continued through year’s end. The secessionist Southern Transitional Council (STC) remained in control of Aden, the temporary capital, until December 30, when the cabinet of a unity government, formed under the 2019 Saudi-brokered Riyadh Agreement, returned to the city. The government did not exercise effective control over much of the country’s territory and had limited ability to address abuses of religious liberty. The government publicly condemned religious persecution by the Houthi movement. Sources pointed to the support of Shia-majority Iran for the Houthis, who have historical roots as a Zaydi revivalist movement, and the support of Sunni-majority Saudi Arabia for the government. Some analysts emphasized that Houthi Zaydism was distinct from the Twelver Islam dominant in Iran, although both were generally considered to fall within the broad category of Shia Islam, and said political and economic issues were more significant overall drivers of the conflict than religion. There were no reports of Saudi-led coalition air strikes against religious targets during the year.
At year’s end, the Houthis continued to control approximately one-third of Yemeni territory and nearly 80 percent of the population. In areas they controlled, the Houthis followed a strict religious regimen and continued to discriminate against individuals who did follow those practices, particularly religious minorities. According to the United Nations, nongovernmental organizations (NGOs), and media, military actions by Houthis continued to damage places of worship and religious institutions, and to inflict casualties at religious gatherings. In January, media reported that Houthi militants launched a missile attack on a mosque at a government military installation in Ma’rib Governorate, killing at least 116 soldiers during prayers. The UN Panel of Experts reported a second Houthi attack in August on a mosque at a government security compound in Ma’rib killed seven. A Houthi-controlled court held hearings early in the year on the appeal of Hamed Kamal Muhammad bin Haydara, a Baha’i sentenced to death by the Houthi-controlled Specialized Criminal Court in 2018 on charges of apostasy and spying for Israel. In March, Mahdi al-Mashaat, President of the Houthi Supreme Political Council (SPC) in Sana’a, ordered the release of all detained Baha’is and pardoned Haydara. In July, Haydara and five other detained Baha’is – part of a group of 24 Baha’is charged with apostasy and espionage in 2018 – were released and exiled. According to the Sana’a-based human rights organization Mwatana, the Specialized Criminal Court continued proceedings against the six exiled Baha’is, ordering them to return to Sana’a to face trial, and the court continued to hold hearings against the other 19 Baha’is charged in 2018. Mwatana reported more than 70 instances of abuse against the Baha’i community since 2015, such as arbitrary detentions of dozens of Baha’is for practicing cultural activities, and deportation and enforced disappearances of others. A local human rights organization reported that since the signing of the Stockholm Agreement in December 2018, the Houthis damaged or destroyed 49 mosques in Hudaydah alone and transformed more than 100 mosques throughout the country into military barracks and sniper positions. In January, Minister of Endowments Ahmed al-Attiyah stated that the Houthis had targeted 76 mosques in areas under their control. According to the UN Group of Eminent International and Regional Experts on Yemen, the Houthis continued to use anti-Semitic rhetoric – including multiple speeches made by Houthi supreme leader Abdulmalik al-Houthi – that incited violence against Jews. The Group of Experts reported Jews faced Houthi-imposed restrictions on their freedom of movement and constant threats to their lives and security. According to the United Nations, al-Qaeda in the Arabian Peninsula (AQAP) remained active in Hadramawt, Shabwah, Ma’rib, Bayda’, and Abyan Governorates. According to media, gunmen killed Khalid al-Hameidi, a university professor known as a secular thinker and critic of religious extremism, in the city of Dhale on December 5. Local officials said they believed the gunmen were members of AQAP or of an ISIS affiliate.
Jewish community members said their declining numbers made it difficult to sustain their religious practices. No rabbis remained in the country, leaving no religious authority to slaughter meat in accordance with strict kosher practices. According to media reports, the United Arab Emirates (UAE) government facilitated the travel of a Jewish family to the UAE in August to reunite with family members. Due to the conflict, there was no way to verify the status of the country’s small, isolated Ismaili Muslim community.
The Department of State suspended operations at the U.S. embassy in Sana’a in 2015, and the embassy has operated since then as the Yemen Affairs Unit (YAU), based in Saudi Arabia. In March, the U.S. Ambassador expressed his concern over news reports that a Houthi court upheld a verdict to execute Hamed bin Haydara, a Baha’i Faith leader imprisoned since 2013. The Ambassador emphasized that all persons should be free to engage in religious practice without fear. In November, the Department of State issued a press release calling on the Houthis to release Levi Salem Musa Marhabi, a Jew detained since 2016 for allegedly helping to remove an ancient Torah scroll from the country.
Section I. Religious Demography
The U.S. government estimates the total population at 29.8 million (midyear 2020 estimate). More than 99 percent of the population is Muslim (2010 estimate), associating their beliefs with either the Shafi’i order of Sunni Islam or Zaydi Islam, a distinct form of Shia Islam. There are also significant numbers of Sunni followers of the Maliki and Hanbali schools, and significant numbers of Ismaili and Twelver followers of Shia Islam. While there are no official statistics, the U.S. government estimates 65 percent of the population is Sunni and 35 percent Zaydi. Baha’is, Jews, Hindus, and Christians, many of whom are refugees or temporary foreign residents, comprise less than 1 percent of the population. Christian groups include Roman Catholics and Anglicans. According to the UN Group of Experts, many Ethiopian and Eritrean Christian economic migrants transit the country on their way to find work in Saudi Arabia, making the total number of Christians subject to fluctuation.
There is no firm estimate of the number of persons of Indian origin or of those who practice Hinduism, Sikhism, or the Dawoodi Bohra variant of Ismaili Shia Islam residing in the country. The preconflict Hindu population was 150,000 (2010 estimate), concentrated in Aden, Mukalla, Shihr, Lahaj, Mokha, and Hudayah. According to one source, the current number of Indian nationals is fewer than 3,000. Many members of the Indian-origin community have resided in the country for generations and hold Yemeni nationality.
The Jewish community is an indigenous non-Muslim minority religious group. Reports estimate approximately 20 to 40 Jews remain, concentrated in Sana’a and Raydah, in Amran Governorate north of Sana’a.
Section II. Status of Government Respect for Religious Freedom
Legal Framework
The constitution declares Islam to be the state religion. It provides for freedom of thought and expression “within the limits of the law” but does not mention freedom of religion, belief, or conscience. The constitution states sharia is the source of all legislation, although it coexists with secular common law and civil code models of law in a hybrid legal system.
Sharia serves as the basis of the legal system. The courts of the first instance address civil, criminal, commercial, and personal status cases. Informal tribunals, operating mostly in rural areas, administer customary law in addition to sharia to resolve disputes.
The constitution states the President must be Muslim who “practices his Islamic duties”; however, it allows non-Muslims to run for parliament, as long as they “fulfill their religious duties.” The law does not prohibit political parties based on religion, but it states parties may not claim to be the sole representative of any religion, oppose Islam, or restrict membership to a particular religious group.
The criminal code states that “deliberate” and “insistent” denunciation of Islam or conversion from Islam to another religion is apostasy, a capital offense. The law allows those charged with apostasy three opportunities to repent; upon repentance, they are spared the death penalty.
Family law prohibits marriage between a Muslim and an individual whom the law defines as an apostate. Muslim women may not marry non-Muslims, and Muslim men may not marry women who do not practice one of the three Abrahamic religions (Islam, Christianity, or Judaism). By law, a woman seeking custody of a child “ought not” be an apostate; a man “ought” to be of the same faith as the child.
The law prohibits proselytizing directed at Muslims. The law prescribes up to three years’ imprisonment for public “ridicule” of any religion and prescribes up to five years’ imprisonment if the ridiculed religion is Islam.
There is no provision for the registration of religious groups.
By law, the government must authorize construction of any new buildings. The law, however, does not mention places of worship specifically.
Public schools must provide instruction in Islam, but not in other religions. The law states primary school classes must include knowledge of Islamic rituals and the country’s history and culture within the context of Islamic civilization. The law also specifies knowledge of Islamic beliefs as an objective of secondary education. Public schools are required to teach Sunni and Shia students the same curriculum, but the government is unable to enforce it in Houthi-controlled areas, where instructional materials indicate schools are teaching Zaydi principles only.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Media reports noted Shia-majority Iran supported the Houthis, who have historical roots as a Zaydi revivalist movement, and Sunni-majority Saudi Arabia supported the government. Some analysts emphasized that Houthi Zaydism was distinct from the Twelver Islam dominant in Iran, although both were generally considered to fall within the broad category of Shia Islam, and they said political and economic issues were more significant overall drivers of the conflict than religion. Many sources, including international media and foundations, continued to describe the conflict as part of a regional power struggle between Shia-ruled Iran and Sunni-ruled Saudi Arabia.
In July, the government and STC reached a new agreement to accelerate implementation of the November 2019 Saudi-brokered Riyadh Agreement, which called for a ceasefire, military withdrawal, and power-sharing. In December, the parties reached agreement on the formation of a new unity government, and the cabinet returned to Aden on December 30. The government did not exercise effective legal or administrative control over much of the country throughout the year, which limited its ability to address abuses of religious liberty by nonstate actors in areas not under its control.
The September 2019 UN Group of Experts report Situation of human rights in Yemen including violations and abuses since September 2014, covering the 2014-2019 period, reported that military actions by all parties during the conflict had inflicted casualties at religious gatherings and damaged places of worship and religious institutions. According to the NGO Yemen Data Project, the number of airstrikes by Saudi-led coalition forces during the year increased significantly compared with 2019. The NGO reported a continued decrease in airstrikes against nonmilitary targets, however, while airstrikes on military targets increased, as did airstrikes of unknown origin on a variety of targets. There were no reports of Saudi-led coalition air strikes against religious targets during the year, however. According to the UN Protection Cluster’s Civilian Impact Monitoring Project (CIMP), civilian casualties from air strikes fell from 2,588 in 2018 to 796 in 2019, and finally to 216 in 2020. Air strikes accounted for less than 10 percent of the 2,087 civilian casualties CIMP reported during the year (749 persons killed and 1,338 injured).
In August, the government publicly condemned, through the state news agency, Houthi authorities for persecuting religious minorities, in response to the Houthi deportation of six Baha’is to European countries and the United States.
Because of the conflict and the government’s absence from the country until the end of the year, the government was unable to verify the content of the religious curriculum taught in private schools. Many public and private schools throughout the country remained closed, and those operating were open for only a few hours a day.
The Houthis and officials residing in Houthi-controlled areas representing a faction of the largest secular political party, the General People’s Congress (GPC), jointly established the SPC in 2016. The SPC is a 10-member entity organized to establish and determine a governing structure for the country under the Houthi-led regime in Sana’a. The government and the international community have deemed the SPC unconstitutional and illegitimate. The SPC is not connected to the STC, the Southern Transitional Council.
In January, media reported that Houthi militants launched a missile attack on a mosque at a government military installation in Ma’rib Governorate, killing at least 116 soldiers during prayers. According to the UN Panel of Experts, on August 28, there was a second attack on the mosque and the military compound. The UN Panel of Experts, who visited the compound, reported that a ballistic missile hit the mosque in the second attack, killing seven and injuring approximately 120. The panel reported that the direction of the attack suggested Houthi forces were responsible for the attack. According to the panel, Ministry of Interior forces in the compound reportedly oversaw security in the city, and were not part of the military armed forces of the internationally-recognized Yemeni government, and therefore should have been protected under international humanitarian law. The panel also noted that “special care must be taken in military operations to avoid damage to buildings dedicated to religion.”
In March, the Appellate Division of the Specialized Criminal Court upheld the conviction and death sentence of Hamed Kamal Muhammad bin Haydara, a Baha’i imprisoned since 2013 and sentenced to death in 2018 on charges of spying for Israel and apostasy. Three days later, SPC President Mahdi al-Mashaat announced a pardon for Haydara and requested authorities release him and all other Baha’i detainees. Haydara remained imprisoned until July, when he and five other Baha’i prisoners – part of a group of 24 Baha’is charged with apostasy and espionage in 2018 – were released, exiled, and, according to the UN Group of Experts, their assets confiscated. According to local NGO INSAF Center for Defending Freedoms and Minorities, the six exiled Baha’is were living in Europe or the United States at year’s end. Mwatana and media sources reported a local court resumed proceedings in the case of the 24 Baha’is. According to the Baha’i International Community, during a court hearing in August, the prosecution called for five of the exiled Baha’is to attend the next court hearing and described them as “fugitives.” The court continued to prosecute the cases through year’s end. The UN Group of Experts reported that Houthis threatened, targeted, and sometimes detained lawyers who defended the Baha’is.
Mwatana reported more than 70 instances of abuse against the Baha’i community since 2015. Abuses included arbitrary detentions, deportations, and enforced disappearances.
According to its 2020 report, Human Rights Watch (HRW) again documented dozens of cases of Houthis carrying out arbitrary and abusive detention and enforced disappearances since 2014. The HRW report also said that in April, Houthi forces used the COVID-19 pandemic as a pretext to expel thousands of Ethiopian migrants, many of whom were Christians, from northern Yemen, killing dozens, and pushing them to the border with Saudi Arabia.
The Houthis continued to incarcerate Levi Salem Musa Marhabi, a Jew detained since 2016 for allegedly helping to remove an ancient Torah scroll from the country. The group continued to demand the return of the scroll from Israel.
According to the UN Group of Experts, harassment of Christians, mostly attributable to the Houthis, increased since the outbreak of the war. Christians reported holding services in secret because they feared being caught. The UN Group of Experts documented cases of forced detentions of Christians, including Ethiopians, on the grounds of religious belief, but it said to protect the detainees, it could not release details on these cases.
In a September report, the UN Group of Experts expressed concern about discrimination by the Houthis against religious and social minorities, including the Muhamasheen (the marginalized servant class), and internally displaced persons, migrants, and refugees. According to the report, these groups’ “risk of exploitation and physical abuse is exacerbated by the dire economic situation and the conflict itself… Religious minorities continue to face particular barriers to the enjoyment of their rights. For protection reasons, the Group of Eminent Experts is not able to publicly report on all of the violations experienced by these groups.”
A local human rights organization reported that since the signing of the Stockholm Agreement in 2018, the Houthis had damaged or destroyed 49 mosques in Hudaydah alone and transformed more than 100 mosques throughout the country into military barracks and sniper positions. In January, Minister of Endowments Ahmed al-Attiyah reported the Houthis had targeted 76 mosques in areas under their control.
According to a September report of the UN Group of Experts, the Houthis continued to use anti-Semitic rhetoric. In addition to the Houthi slogan, which includes the phrase “Curse on the Jews,” the UN Group of Experts noted multiple speeches made by Houthi supreme leader Abdulmalik al-Houthi in 2019 and during the year that incited violence against Jews. In a May speech, he declared, “The Jews are moving towards ensuring that the nation does not have the right vision.” The UN Group of Experts reported the Jewish minority faced Houthi-imposed restrictions on their freedom of movement and constant threats to their lives and security.
Abd al-Wahhab al-Mahbashi, a member of the Houthi Political Bureau, said in a March 20 sermon that Muslims should unite on the path to Jerusalem and in jihad against Jews, that enmity towards Jews was one of the identifying characteristics of Muslims, and that Jews and Americans were responsible for the COVID-19 pandemic.
On Houthi-affiliated al-Masirah TV on January 25, host Hamid Rizq referred to the visit to Auschwitz of a delegation of the Muslim World League, led by the Saudi Secretary General of the League, as “another venomous strike [by Saudi Arabia] to the body of the Arab and Islamic nation.” Rizk said the graves of Holocaust victims and museums of the Holocaust were a lie, stating that “many historians have proven that this genocide was not true.”
In April, Houthi authorities formalized by decree the practice in place since their takeover of Sana’a in 2015 of levying a 20 percent charitable tax (zakat) on all economic activities involving natural resources and redistributing these revenues to the minority Shia Zaydi Hashemite population (who claim descent from the Prophet Muhammad). The restoration of this practice elicited broad and public criticism from within Houthi-controlled areas that authorities sought to impose a sectarian political and economic system that was inconsistent with the country’s national nonsectarian tradition.
In northern areas traditionally under Houthi control, there were reports of continued Houthi efforts to impose their religious customs on non-Zaydi residents, including banning music, requiring women to wear full veils, and banning the mixing of genders in cafes unless couples had children or carried a marriage certificate.
Media reported gunmen killed Khalid al-Hameidi, a university professor known as a secular thinker and a critic of religious extremism, in a drive-by shooting in the city of Dhale on December 5. No group immediately claimed responsibility, but local officials said they believed the gunmen were members of AQAP or of an ISIS affiliate. According to a UN Panel of Experts report, AQAP and ISIS-Yemen, as well as other militias and separatist groups, continued to contribute to violence in the country. These sources stated that AQAP continued to appeal to local tribes to enable the group to embed itself in the civilian population. Sources said AQAP continued to prioritize its fight against ISIS over its fight against the Houthis to maintain its position as the dominant terrorist group in its areas of operation in the country, although there were active clashes between AQAP and Houthi forces on several fronts. Sources stated that the lack of a strong central government in the country continued to provide a fertile environment for AQAP to operate. According to the United Nations, AQAP remained active in Hadramawt, Shabwah, Ma’rib, Bayda’, and Abyan Governorates.
Section III. Status of Societal Respect for Religious Freedom
Jewish community members continued to report their declining numbers, which made it difficult to sustain their religious practices. The country’s only remaining rabbi – Yahyia Bin Youssef – fled the country in January 2019, leaving no religious authority to slaughter meat in accordance with strict kosher practices. According to media reports, the UAE government facilitated the travel of a Jewish family to the UAE in August to reunite with relatives.
Due to the conflict, there was no way to verify the status of the small, isolated Ismaili Muslim community.
Section IV. U.S. Government Policy and Engagement
The Department of State suspended embassy operations in Sana’a in 2015 and the embassy has operated since then as the YAU, based in Saudi Arabia. In meetings with officials from the government, U.S. government officials continued to stress the importance of religious freedom, tolerance, and interfaith dialogue. In March, the YAU released a statement from the Ambassador expressing deep concern over news reports that a Houthi court upheld a verdict to execute Bahai’i leader Hamed bin Haydara and emphasizing that all persons should be free to engage in religious practice without fear.
In November, the Department of State issued a press release calling on the Houthis to release Levi Salem Musa Marhabi, a Jew detained since 2016 for allegedly helping to remove an ancient Torah scroll from the country, saying “We call on the Houthis to respect religious freedom, stop oppressing Yemen’s Jewish population, and immediately release Levi Salem Musa Marhabi.”
The YAU coordinated closely with the Office of the UN Special Envoy for Yemen, regional missions, and international organizations in facilitating the resettlement of Baha’is after their release. The YAU continued to closely monitor the conditions of religious minority detainees and to press for their release.