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Brazil

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.  Courts may fine or imprison for two to five years any individual who displays, distributes, or broadcasts religiously intolerant material; the government did not apply the law during the year.  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.

Government regulations require public schools to offer religious instruction, but neither the constitution nor legislation defines the parameters.  By law, the instruction should be nondenominational, conducted without proselytizing, and with alternative instruction for students who do not want to participate.  The law prohibits public subsidies to schools operated by religious organizations.

A constitutional provision provides the right of access to religious services and counsel 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.

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

Egypt

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.  It describes freedom of belief as absolute.  The constitution limits the freedom to practice religious rituals and establish places of worship to adherents of Islam, Christianity, and Judaism.  The constitution prohibits the exercise of political activity or the formation of political parties on the basis of religion.

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.  While the constitution declares Al-Azhar an independent institution, its 2018 budgetary allocation from the government, which is required by the constitution to provide “sufficient funding for it to achieve its purposes,” was almost 13 billion Egyptian pounds ($726.66 million).

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 mufti’s decision in these cases is consultative and nonbinding on the court that handed down the death sentence.

The constitution also stipulates that 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 (MOI) issues national identity cards that include official religious designations.  Designations are limited to Muslim, Christian, or Jewish citizens.  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 not from Islam to any other religion.  In a 2008 ruling on a lawsuit against the government for not recognizing a Muslim’s conversion to Christianity, the Administrative Court ruled in favor of the government asserting its duty to “protect public order from the crime of apostasy from Islam.”  The government recognizes conversion from Islam for individuals who were not born Muslim but later converted to Islam, according to an MOI 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 that 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 need not convert 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 that applying sharia to non-Muslims violated the section of the constitution stating that the rules of the Christians and Jewish communities govern in personal status matters.

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

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 Interior 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.  Although the government lists “Christian” on the identity cards of Jehovah’s Witnesses, a presidential decree bans all Jehovah’s Witnesses’ 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 and/or a fine of up to 50,000 pounds ($2,800).  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 consistent with Ministry of Awqaf guidelines.  Any imam who fails to follow the guidelines loses the bonus and may be subject to disciplinary measures, including potentially losing his preaching license.  The ministry also issues prewritten sermons, and ministry personnel monitor Friday sermons in major mosques.  Imams are subject to disciplinary action including dismissal for ignoring the ministry’s guidelines.

The prime minister has 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 rather than the president.  The governor is to respond within four months; 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 stringent 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 provision requiring that new mosques built after that date must be a minimum distance of 500 meters (1600 feet) from the nearest other mosque, 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.  Determinations of religious identity are based on official 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 Christian-owned schools.  Al-Azhar maintains a separate school system which serves some two million students from elementary through secondary school using its own separate 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 and/or a fine of no less than 30,000 pounds ($1,700) and no more than 50,000 pounds ($2,800) 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 ($2,800) and no more than 100,000 pounds ($5,600).

The government recognizes only the marriages of Christians, Jews, and Muslims with documentation from a cleric.  Since the state does not recognize Baha’i marriage, married Baha’is are denied the legal rights of married couples of other religious beliefs, including those pertaining to inheritance, divorce, and sponsoring a foreign spouse’s permanent residence.  Baha’is, in practice, file individual demands for recognition of 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 entitled “Alternative Family” which recognizes permanent legal guardianship if certain requirements are met.

The quasi-governmental National Council for Human Rights, whose members are appointed by parliament, 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 exercised or political parties formed on the basis of religion, or discrimination based on sex, origin, sect, or geographic location, nor may any activity be practiced that is hostile to democracy, secretive, or which possesses a military or quasi-military nature.”

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

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.

India

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 with regard to employment, as well as any religion-based restrictions on individuals’ access to public or private facilities or establishments open to the general public.  The constitution states 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 compelling anyone to pay taxes to promote or maintain any specific religion.  National and state laws make freedom of religion “subject to public order, morality, and health.”  The constitution stipulates 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.

Nine of the 29 states have laws restricting religious conversion:  Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, and Uttarakhand.  The legislation in Rajasthan, passed in 2008, was reviewed by the central government to ensure its provisions were in alignment with existing national laws and the constitution, and has not yet received the approval from the country’s president that is required for the law to go into effect.  In March Uttarakhand became the latest state to pass an anti-conversion law, making it a non-bailable offense.  The law came into effect in April and was strengthened in August with the addition of provisions that allow the state to cancel the registration of institutions involved in forced conversions.  Only five states have implemented rules that are required for these laws to be enforced.

Chhattisgarh, Madhya Pradesh, and Uttarakhand prohibit religious conversion by the use of “force,” “allurement,” or “fraudulent means,” and require district authorities 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 in a conversion ceremony to submit formal notification to the government.  Violators, including missionaries and other religious figures who encourage conversion, 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 the converts are minors, women, or members of government-designated, historically disadvantaged groups (known as 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’ imprisonment and a fine up to 50,000 rupees ($720).  In Himachal Pradesh, penalties include up to two years’ imprisonment and/or fines of 25,000 rupees ($360).  Punishments for conversions involving minors, Scheduled Caste or Scheduled Tribe members, or in the case of Odisha, women, may consist of jail sentences rather than fines.

According to the Supreme Court, converting from Hinduism to another religion ordinarily “operates as an expulsion from the caste” since caste is a structure affiliated with Hindu society.  Societal definitions of caste affiliation are determinative of a person’s eligibility for government benefits.

Under Andhra Pradesh and Telangana law, authorities may prohibit proselytizing near another religion’s place of worship.  Punishment for violations may include imprisonment for up to three years and fines up to 5,000 rupees ($72).

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 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, although federal law requires religiously affiliated organizations to maintain audit reports on their accounts and a schedule of their activities, and to provide these to state government officials upon request.

A federal law regulates foreign contributions to NGOs, including faith-based organizations.  Organizations with “definite cultural, economic, educational, religious, or social programs” must receive a federal government certificate of registration to receive foreign funds.  The federal government may also require that certified organizations obtain prior permission before accepting or transferring foreign funds.  The federal government may reject an application for a certificate of registration or a request for prior permission to transfer funds if it judges the recipient to be prejudicially affecting “harmony between religious, racial, social, linguistic, regional groups, castes, or communities.”

The constitution states any reference to Hindus in law is to be construed as containing a reference to 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 blanket category that includes Sikhs, Buddhists, Baha’i, and Jains, but clarifies these are separate religions whose followers are included under the legislation.

Federal law provides minority community status to six religious groups:  Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists.  State governments may grant minority status to religious groups that are minorities in a particular region and designate them as minorities under state law.  Minority status makes these groups eligible for several government assistance programs.  The constitution states the government will protect the existence of religious minorities and encourage conditions for the promotion of their individual identities.

Personal status laws determine rights 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 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-level legislation or constitutional provisions.  The government grants autonomy to the All India Muslim Personal Law Board and the Parsi community to define customary practices.  If the law board or community leaders cannot offer satisfactory solutions, the case is referred to the civil courts.

Federal law permits interfaith couples to marry without religious conversion.  Interfaith couples, and all couples marrying in a civil ceremony, are required to provide public notice 30 days in advance – including addresses, photographs, and religious affiliation – for public comment.  Hindus, Muslims, Buddhists, Sikhs, or Jains who marry outside their religions, however, face the possibility of losing their property inheritance rights under those communities’ personal status laws.

The law recognizes the registration of Sikh marriages.  There are no divorce provisions for Sikhs under personal status laws.  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.

Twenty-four of the 29 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 other Scheduled Castes and Scheduled Tribes.  In the majority of the 24 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 to $140).  Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years.  The law in Gujarat 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.

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 bodies have no enforcement powers, but launch investigations based on written complaints by plaintiffs charging criminal or civil violations and submit their findings to law enforcement agencies for action.  Eighteen of the country’s 29 states and the National Capital Territory of Delhi have state minorities commissions, which also investigate allegations of religious discrimination.

The constitution allows for a form of affirmative action for Scheduled Caste or Scheduled Tribe communities, and the “Other Backward Class,” a category for groups deemed to be socially and educationally disadvantaged.  Since the constitution specifies only Hindus, Sikhs, or Buddhists shall be deemed a member of a Scheduled Caste, the only means through which Christian and Muslim individuals may qualify for affirmative action benefits is if they are considered members of the “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.

Italy

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states all citizens are equal before the law regardless of religion and are free to profess their beliefs in any form, individually or with others, and to promote them and celebrate rites in public or in private, provided they are not offensive to public morality.  According to the constitution, each religious community has the right to establish its own institutions according to its own statutes as long as these do not conflict with the law.  The constitution stipulates the state may not impose special limitations or taxes on the establishment or activities of groups because of their religious nature or aims.  The constitution specifies the state and the Catholic Church are independent of each other, and their relations are governed by treaties, which include a concordat between the government and the Holy See.

The law considers insults against any divinity to be blasphemy, a crime punishable by a fine ranging from 51 to 309 euros ($58-$350).  The government generally does not enforce the law against blasphemy.

The constitution states all religious groups are equally free and relations between the state and non-Catholic groups are governed by law based on agreements (“accords”) between them.  Representatives of a non-Catholic faith requesting an accord must first submit their request to the Office of the Prime Minister.  The government and the group’s representatives then negotiate a draft agreement, which the Council of Ministers must approve.  The prime minister then signs and submits the agreement to parliament for final approval.  Once parliament approves the implementing legislation, the accord governs the relationship between the government and the religious group, including state support.  Twelve groups have an accord:  the Confederation of Methodist and Waldensian Churches, Seventh-day Adventists, Assemblies of God, Jews, Baptists, Lutherans, the Church of Jesus Christ, the Orthodox Church of the Constantinople Patriarchate, the Italian Apostolic Church, the Buddhist Union, Soka Gakkai Buddhists, and Hindus.

The law provides religious groups with tax-exempt status and the right to recognition as legal entities, as long as they have completed a registration process with the MOI.  Legal registration is a prerequisite for any group seeking an accord with the government.  A religious group may apply for registration by submitting to a prefect, the local representative of the MOI, a request including the group’s statutes; a report on its goals and activities; information on its administrative offices; a three-year budget; certification of its credit status by a bank; and certification of the Italian citizenship or legal residency of its head.  To be approved, a group’s statutes must not conflict with the law.  If approved, the group must submit to MOI monitoring, including of their budgets and internal organization.  The MOI may appoint a commissioner to administer the group if it identifies irregularities in its activities.  Religious groups that are not registered may still operate legally as NGOs and obtain tax-exempt status, legal recognition of marriages, access to hospitals and prisons, and other benefits, but having an accord with the government facilitates the process.  The Catholic Church is the only legally recognized group exempted from MOI monitoring, in accordance with the concordat between the government and the Holy See.

An accord grants clergy automatic access to state hospitals, prisons, and military barracks; allows for civil registry of religious marriages; facilitates special religious practices regarding funerals; and exempts students from school attendance on religious holidays.  Any religious group without an accord may request these benefits from the MOI on a case-by-case basis.  An accord also allows a religious group to receive funds collected by the state through a voluntary 0.8 percent set-aside on taxpayer returns.  Taxpayers may specify to which eligible religious group they would like to direct these funds.  The government set aside 1.23 billion euros ($1.41 billion) via this mechanism during the year, of which more than 81 percent went to the Catholic Church.

Veneto regional legislation prohibits the use of burqas and niqabs in public institutions such as hospitals.

The concordat provides for the Catholic Church to select teachers, paid by the state, to provide instruction in weekly “hour of religion” courses taught in public schools.  The courses are optional, and students who do not wish to attend may study other subjects or, in certain cases, leave school early with parental consent.  Church-selected instructors are lay or religious, and the instruction includes material determined by the state and relevant to non-Catholic religious groups.  Government funding is available only for these Catholic Church-approved teachers.  If a student requests a religion class from a non-Catholic religious group, that group must provide the teacher and cover the cost of instruction; it is not required to seek government approval for the content of the class.  Some local laws provide scholarship funding for students to attend private, religiously affiliated schools, usually but not always Catholic, that meet government educational standards.

According to law, hate speech, including instances motivated by religious hatred, are punishable by up to four years in prison.  The law applies to denial of genocide or crimes against humanity.

All missionaries and other foreign religious workers from countries that are not European Union members or signatories to the Schengen Agreement must apply for special religious activity visas before arriving in the country.

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

Japan

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution guarantees freedom of religion and requires the state to refrain from religious education or any other religious activity.  It prohibits religious organizations from exercising any political authority or receiving privileges from the state.  It states that the people shall not abuse their rights and shall be responsible to use their rights for the public welfare.

The government does not require religious groups to register or apply for certification, but certified religious groups with corporate status do not have to pay income tax on donations and religious offerings used as part of the groups’ operational and maintenance expenses.  The government requires religious groups applying for corporate status to prove they have a physical space for worship and that their primary purpose is disseminating religious teachings, conducting religious ceremonies, and educating and nurturing believers.  An applicant is required to present in writing a three-year record of activities as a religious organization, a list of members and religious teachers, the rules of the organization, information on the method of making decisions about managing assets, statements of income and expenses for the past three years, and a list of assets.  The law stipulates that prefectural governors have jurisdiction over groups that seek corporate status in their prefecture, and registration must be made with prefectural governments.  Exceptions are granted for groups with offices in multiple prefectures, which may register with the Ministry of Education, Culture, Sports, Science, and Technology (MEXT) minister.  After the MEXT minister or a prefectural governor confirms an applicant meets the legal definition of a religious organization, the law requires the applicant to formulate administrative rules pertaining to its purpose, core personnel, and financial affairs.  Applicants become religious corporations after the MEXT minister or governor approves their application and they register.

The law requires certified religious corporations to disclose their assets, income, and expenditures to the government.  The law also empowers the government to investigate possible violations of regulations governing for-profit activities.  Authorities have the right to suspend a religious corporation’s for-profit activities for up to one year if the group violates these regulations.

The law stipulates that worship and religious rituals performed by inmates alone or in a group in penal institutions shall not be prohibited.

The law states that schools established by the national and local governments must refrain from religious education or other activities in support of a specific religion.  The law also states that an attitude of religious tolerance and general knowledge regarding religion and its position in social life should be valued in education.  Both public and private schools must develop curricula in line with MEXT standards.  These standards are based on the law, which says that schools should give careful consideration when teaching religion in general to junior and high school students.

Labor law states a person may not be disqualified from union membership on the basis of religion.

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

Republic of Korea

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states that all citizens have freedom of religion, and that there shall be no discrimination in political, economic, social, or cultural life because of religion.  Freedoms in the constitution may be restricted by law only when necessary for national security, law and order, or public welfare, and restrictions may not violate the “essential aspect” of the freedom.  The constitution states that religion and state shall be separate.

The law requires active military service for virtually all male citizens between the ages of 18 and 40, followed by reserve duty training.  The Ministry of National Defense reported that starting in October the length of compulsory military service would gradually shrink from 21-24 months to 18-22 months, depending on the branch of service.  The law currently does not allow for alternative service options for conscientious objectors, who are subject to a maximum three-year prison sentence for refusing to serve in the military.  Conscientious objectors sentenced to more than 18 months in prison are exempt from military service and reserve duty obligations and are not subject to additional sentences or fines.

Those who complete their military service obligation and subsequently become conscientious objectors are subject to fines for not participating in mandatory reserve duty exercises.  The reserve duty obligation lasts for eight years, and there are several reserve duty exercises per year.  The fines vary depending on jurisdiction but typically average 200,000 Korean won ($180) for the first conviction.  Fines increase by 100,000 to 300,000 won ($90 to $270) for each subsequent conviction.  The law puts a ceiling on fines at 2 million won ($1,800) per conviction.  Civilian courts have the option, in lieu of levying fines, to sentence individuals deemed to be habitual offenders to prison terms or suspended prison terms that range from one day to three years.

In June the Constitutional Court ruled that the government must provide alternative service options for conscientious objectors by December 31, 2019.  On November 1, the Supreme Court ruled that conscientious objection was a valid reason to refuse mandatory military service.  The rulings did not address the status of conscientious objectors already convicted and serving time in prison.  While the Constitutional Court has the authority to rule on the constitutionality of national laws, the Supreme Court decides how these laws would apply to individual cases.

According to regulation, a religious group that has property valued at over 300 million won ($269,000) may become a government recognized religious organization by making public internal regulations defining the group’s purpose and activities, meeting minutes of the group’s first gathering, and a list of executives and employees.

To obtain tax benefits, including exemption of acquisition or registration taxes when purchasing or selling property to be used for religious purposes, organizations must submit to their local government their registration as a religious and nonprofit corporate body, an application for local tax exemption, and a contract showing the acquisition or sale of property.  Individual religious leaders previously were eligible to receive tax benefits on earned yearly income.  A revision to the Income Tax Act, which took effect in January, eliminated tax exemptions on earned income for all clergy.  Education, food, transportation, and childcare expenses remain exempt from taxation for clergy.  Individual practitioners remain eligible for income tax benefits upon submitting receipts of donations made to religious organizations.

The government does not permit religious instruction in public schools.  Private schools are free to conduct religious activities.

The law provides government subsidies to historic cultural properties, including Buddhist temples, for their preservation and upkeep.

The Ministry of Culture, Sports, and Tourism (MCST) Religious Affairs Division works with major religious groups on interfaith solidarity and interactions between religious organizations and the government.

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

South Africa

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of religion and belief, including the right to form, join, and maintain religious associations.  It prohibits religious discrimination and specifies freedom of expression does not extend to advocacy of hatred based on religion.  The constitution permits legislation recognizing systems of personal and family law to which persons professing a particular religion adhere.  It also allows religious observances in state or state-supported institutions, provided they are voluntary and conducted on an equitable basis.  These rights may be limited for reasons that are “reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom” and takes account of “all relevant factors.”  Cases of discrimination against persons on the grounds of religion may be taken to Equality Courts, the South African Human Rights Commission, and the Constitutional Court.  The constitution also provides for the promotion and respect of languages used for religious purposes, including, but not limited to, Arabic, Hebrew, and Sanskrit.

The constitution allows for the presence and operation of the Commission for the Promotion and Protection of the Rights of Cultural, Religious, and Linguistic Communities (CRL) with the mission of fostering the rights of communities to freely observe and practice their cultures, religions, and language.  The CRL is an independent national government institution whose chair is appointed by the president and whose commissioners include members of the clergy, scholars, and politicians, among others.

The law does not require religious groups to register; however, registered religious and other nonprofit groups may qualify as public benefit organizations, allowing them to open bank accounts and exempting them from paying income tax.  To register as a public benefit organization, groups must submit a nonprofit organization application, including their constitution, contact information, and list of officers and documentation stating they meet a number of prescribed requirements that largely ensure accounting and tax compliance, to the provincial social development office.  A group registers once with the local office but their status then applies nationwide.  Once registered, the group must submit annual reports on any changes to this information, important achievements and meetings, and financial information, as well as an accountant’s report.

The government allows but does not require religious education in public schools but prohibits advocating the tenets of a particular religion.

The law allows for marriages to be conducted under customary law; however, it applies only to “those customs and usages traditionally observed among the indigenous African people” and may be performed by all religious groups and their leaders.

The constitution grants detained persons visitation rights with their chosen religious counselor.

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

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The Lessons of 1989: Freedom and Our Future