Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the beliefs and provisions of the “sacred religion of Islam.”  It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam.  According to the constitution, followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law.”  The penal code, enacted in February, outlines provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion.  An article in the new penal code specifies what constitutes an insult to religion, stating, “A person who intentionally insults a religion or disrupts its rites or destroys its permitted places of worship shall be deemed as a perpetrator of the crime of insulting religions and shall be punished according to provisions of this chapter.”

Another article of the penal code states persons who forcibly stop the conduct of rituals of any religion, destroy or damage “permitted places of worship” (a term not defined by the code) where religious rituals are conducted, or destroy or damage any sign or symbol of any religion are subject to imprisonment of three months to one year or a fine ranging from 30,000 afghanis to 60,000 afghanis ($400 to $800).  In cases where murder or physical injury result from the disturbance of religious rites or ceremonies, the perpetrator will be tried according to crimes of murder and physical injury as defined by law.

The new penal code also specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years.

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

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

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

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

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

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

According to the constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture as well as academic principles” and develop courses on religion based on the “Islamic sects” in the country.  The national curriculum includes materials designed separately for Sunni-majority schools and Shia-majority schools, as well as textbooks that emphasize nonviolent Islamic terms and principles.  The curriculum includes courses on Islam, but not on other religions.  Non-Muslims are not required to study Islam in public schools.

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

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

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

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

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

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

The law, pursuant to a 2016 presidential decree, mandates an additional seat in parliament’s lower house be reserved for a member of the Hindu and Sikh community.  Four seats in the parliament are also reserved for Ismaili Muslims.

The Ministry of Hajj and Religious Affairs (MOHRA) remained responsible for managing Hajj and Umrah pilgrimages, revenue collection for religious activities, acquisition of property for religious purposes, issuance of fatwas, educational testing of imams, sermon preparation and distribution for government-supported mosques, and raising public awareness of religious issues.  During the year, MOHRA restructured its bureaucracy to establish an office dedicated to assisting the faith practices of religious minorities, specifically Sikhs and Hindus.

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

Government Practices

Media reported members of the Shia community continued to state the government did not provide them with adequate protection from attacks by nonstate actors.  In response to these attacks, in September President Ashraf Ghani announced a plan to divide Kabul into four security zones, creating a security zone in the Dasht-e Barchi area similar to the one that protects embassies and international organizations in central Kabul and increasing the ANDSF presence there.  President Ghani also announced plans for the Kabul Municipality and Capital Zone Development Authority to implement development projects in the area, including road construction.  Representatives from the predominantly Shia Hazara community, however, said these were insufficient, symbolic measures from the government.  The Ministry of Interior again increased security around Shia mosques and authorized the arming of Shia civilians, under police authority, to provide extra security for Ashura.  There were no reports of violence during Ashura processions – a sharp contrast from recent years.  On September 18, media reported the government had prevented attacks by arresting 26 ISKP militants in Kabul suspected of planning attacks on Ashura.

As in the previous four years, there were no reports of government prosecutions for blasphemy or apostasy during the year; however, individuals converting from Islam reported they continued to risk annulment of their marriages, rejection by their families and communities, loss of employment, and possibly the death penalty.  Baha’is continued to be labeled as “infidels,” although they were not considered converts; as such, they were not charged with either crime.

The government again allowed both Sunnis and Shia to go on pilgrimages, with no quota on either group.  It charged fees for Hajj participants to cover transportation, food, accommodation, and other expenses.  MOHRA also continued to facilitate pilgrimages for Hindus and Sikhs to India, but it did not collect any revenue for or from non-Muslims.  Ahmadi Muslims reported they chose not to interact with MOHRA because they feared MOHRA would deem them non-Muslims and forbid them from participating in the Hajj.

MOHRA reported that of the approximately 120,000 mullahs in the country, 6,000 registered mullahs were working directly for MOHRA at year’s end, an increase from 4,589 in 2017.  Government officials said the ministry was able to hire additional clerics under the year’s budget due to the implementation of new procedures and a new payroll system.  These mullahs continued to receive an average monthly salary of 12,000 afghanis ($160) from the government.  For highly educated mullahs of central mosques delivering special Friday sermons or khatibs, MOHRA provided a salary of 14,000 afghanis ($190).  Mullahs applying to be prayer leaders in MOHRA-registered mosques continued to have to hold at least a high school diploma, although a bachelor’s degree or equivalent verified by the Ministry of Higher Education was preferred.  MOHRA reported approximately 66,000 of the estimated 160,000 mosques in the country were registered.  According to MOHRA, the ministry lacked the financial resources to create a comprehensive registry of mullahs and mosques in the country.

MOHRA reported it continued to allocate a portion of its budget for the construction of new mosques, although local groups remained the source of most of the funds for the new mosques.  Unless the local groups requested financial or other assistance from the ministry, they were not required to inform the ministry about the new construction.

Hindu and Sikh groups again reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy, but per the law against conversion of Muslims, the government continued not to allow them to proselytize.  Hindu and Sikh community members said they continued to avoid pursuing land disputes through the courts due to fear of retaliation, especially if powerful local leaders occupied their property.

Although the government provided land to use as cremation sites, Sikh leaders stated the distance from any major urban area and the lack of security in the region continued to make the land unusable.  Hindus and Sikhs reported continued interference in their efforts to cremate the remains of their dead from individuals who lived near the cremation sites.  In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals.  The government promised to construct modern crematories for the Sikh and Hindu populations.  Sikh and Hindu community leaders said President Ghani reaffirmed this promise in an August 2017 meeting, but as of the end of the year, the government had not taken action.  Despite these challenges, community leaders acknowledged new efforts by MOHRA to provide free water, electricity, and repair services for a few Sikh and Hindu temples, as well as facilitate visas for religious trips to India.

MOHRA reported there were 4,500 registered madrassahs and “Quran learning centers” throughout the country, up from 4,093 in 2017.  The government reported that approximately 50,000 mosques were registered with the ministry.  The government registered some additional madrassahs during the year but did not report how many.  More than 300,000 students were enrolled in madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to the latest available estimate.

The registration process for madrassahs continued to require a school to demonstrate it had suitable buildings, classrooms, accredited teachers, and dormitories if students lived on campus.  MOHRA continued to register madrassahs collocated with mosques, while the MOE continued to register madrassahs not associated with mosques.  In MOHRA-run madrassahs, students received individual instruction, with one imam teaching approximately 50 to 70 children studying at various levels.  Only certificates issued by registered madrassahs allowed students to pursue higher education at government universities.

MOHRA could not estimate the number of unregistered madrassahs but stated it was likely unregistered madrassahs “far outnumbered” registered madrassahs.  The MOE was authorized to close unregistered madrassahs, but ministry officials again said it remained nearly impossible to close any due to local sensitivities.  According to ministry officials, some madrassahs were closed in conflict areas during the year, but not out of concern for potential negative societal repercussions.  Ministry officials said the government continued its efforts to raise awareness of the benefits of registering madrassahs, including recognition of graduation certificates and financial and material assistance, such as furniture or stationery.  Government officials said they were concerned about their inability to supervise unregistered madrassas that could institute violent extremist curriculum intolerant of religious minorities and become recruitment centers for antigovernment groups.

Mosques continued to handle primary-level religious studies.  Eighty MOE-registered madrassahs offered two-year degree programs at the secondary level.  An estimated 1,200 public madrassahs were registered with the MOE.

Ulema Council members continued to receive financial support from the state, although it officially remained independent from the government.  The council also provided advice to some provincial governments; however, according to scholars and NGOs, most legal decision making in villages and rural areas continued to be based on local interpretations of Islamic law and tradition.  President Ghani and Chief Executive Abdullah Abdullah included messages in support of religious tolerance in speeches invoking national unity and in meetings with minority religious groups.  For example, on September 19, media reported that President Ghani had stated the ongoing war was against the “national unity and religious freedom” of the country.  President Ghani and Chief Executive Abdullah also held meetings with Ulema Council members on promoting intrafaith tolerance and “moderate practices” of Islam.

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

According to media reports and representatives from non-Muslim religious minorities, some members of these communities, such as Sikhs and Hindus, were told they did not have equal rights because they were “Indians,” not Afghans, even when they were citizens of the country.  Members of minority religious communities reported the state, including the courts, treated all citizens as if they were Muslims, and some basic citizenship rights of non-Muslims remained uncodified.  They said the result was non-Muslims continued to risk being tried according to Hanafi jurisprudence.

Sikhs and Hindus continued to report their community members avoided taking civil cases to court because they believed they were unprotected by dispute resolution mechanisms such as the Special Land and Property Court.  Instead, their members continued to settle disputes within their communities.

Leaders of both Hindu and Sikh communities continued to state they faced discrimination in the judicial system, including long delays in resolving cases, particularly regarding the continued appropriation of Sikh properties.  Hindu and Sikh community leaders said they had pending court cases of land seized by municipal authorities and warlords from four years ago.  Whenever community advocates reproached the court, government officials said their cases remained under review.

Although some Shia continued to hold senior positions in the government such as Second Vice President Sarwar Danesh, High Peace Council Chairman Karim Khalili, and then Second Chief Executive Deputy Mohammad Mohaqeq, Shia leaders continued to state the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics.  Sunni members of the Ulema Council continued to state, however, that Shia remained overrepresented in government based on Sunni estimates of the percentage of Shia in the population.  Observers said these debates were often about the predominantly Hazara ethnicity of the majority of the country’s Shia rather than about religion.

A small number of Sikhs and Hindus continued to serve in government positions, including one at the municipal level, one at the Chamber of Commerce and Industries, one as a presidentially appointed member of the upper house of parliament, and one as an elected member in the lower house.  After the only Sikh candidate, Awtar Singh Khalsa, for lower house parliament elections was killed in a July 1 suicide attack in Jalalabad, Nangarhar Province, the IEC granted an extension on July 5 for the registration for a Sikh candidate to run in parliamentary elections in October.

Although four Ismaili Muslims remained members of parliament, Ismaili community leaders continued to report concerns about what they called the exclusion of Ismailis from other positions of political authority.

The government continued to support the efforts of judicial, constitutional, and human rights commissions composed of members of different Islamic religious groups (Sunni and Shia) to promote Muslim intrafaith reconciliation.  The Ministry of Women’s Affairs and MOHRA continued working toward their stated goal of gaining nationwide acceptance of the practice of allowing women to attend mosques.  The Ulema Council, the Islamic Brotherhood Council, and MOHRA also continued their work on intrafaith reconciliation.  Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.

On June 4, the Ulema Council convened approximately 3,000 religious scholars at the Loya Jirga tent in Kabul to issue a propeace fatwa.  Although the religious scholars said the effort was more of a symbolic attempt to challenge the religious legitimacy of “holy war” invoked by violent extremist groups, including the Taliban and ISKP, they said the fatwa included principles of religious tolerance.  The scholars stated, “Divisions among Muslims based on language, tribe, or sect are against Islam” and that “those who cause such division should be punished.”  This included all forms of intra-Muslim violence, including through suicide attacks.

The ONSC continued its work on addressing religiously motivated violent extremism, which included policies to foster religious tolerance.  The ONSC continued to sponsor provincial-level conferences on religiously motivated violent extremism to collect data for use in its effort to develop a strategy to counter violent extremism.  The ONSC also continued to coordinate the efforts of relevant government institutions and NGOs to formulate the strategy through an interministerial working group.  Government officials said the strategy had reached the final stages of review during the year.

Abuses by Foreign Forces and Nonstate Actors

According to journalists, local observers, and UNAMA, attacks by the ISKP and other insurgent groups continued to target specific religious and ethnoreligious groups, including the Hazara Shia.  UNAMA’s 2018 report on civilian deaths documented attacks targeting places of worship, religious leaders, and worshippers, recording 22 attacks causing 453 civilian casualties (156 deaths and 297 injured).  UNAMA attributed all attacks to antigovernment elements; the ISKP committed the vast majority of attacks.  Suicide attacks were the main cause of casualties, killing 136 civilians and injuring 266, representing a 118 per cent increase in casualties compared with 2017.  In addition to suicide attacks, UNAMA documented 35 civilian casualties (15 deaths and 20 injured) from targeted killings of religious leaders and worshippers.

UNAMA continued to report high levels of ISKP-directed, sectarian-motivated violence targeting the Shia Muslim, mostly ethnic Hazara, population.  During the year, it documented 19 incidents of sectarian-motivated violence against Shia Muslims resulting in 747 civilian casualties (223 deaths and 524 injured), a 34 percent increase in civilian casualties from such attacks compared with 2017.

The ISKP claimed responsibility for the September 6 twin-suicide attack on a sports club in Western Kabul that killed close to 150 individuals, the vast majority of them members of the Shia Hazara community.

Attacks on Shia mosques for which the ISKP claimed responsibility included a March 21 suicide attack on a Shia shrine in Kabul during a Nowruz celebration, killing 31 and wounding 65, and an August 3 suicide bomb attack on a Shia mosque in Gardez, Paktiya Province, killing 33 persons and injuring 94 during Friday prayers.

According to media reports, antigovernment forces also targeted Sunni mosques.  On May 6, an IED exploded in the Sunni Yaqubi Mosque in the Khost provincial center used as a voter registration center for the October parliamentary elections, killing at least 19 civilians, and injuring 32 others.  No group claimed responsibility for the attack; religious scholars noted the Taliban appeared to avoid attacks against Sunni mosques or refrain from claiming responsibility for them.

ISKP attacks targeting Shia continued to extend outside of mosques.  On April 22, a suicide attacker self-detonated outside of a national identity card (tazkira) distribution center in Kabul, killing 60 civilians and injuring 138 others, mostly women and children.  The predominantly Shia Hazara area in Kabul, Dasht-e Barchi, witnessed several suicide attacks targeting mosques, schools, and government offices, killing and injuring a large number of civilians.  The ISKP claimed responsibility for the majority of these attacks, which deliberately targeted the Shia community.  For example, on August 15, a suicide attack targeted students at an educational center in the Dasht-e Barchi area, killing more than 50 and injuring an estimated 70 individuals, mostly students.  An attack on a gym in the same area on September 5 killed more than 25 civilians and injured approximately 100.

The ISKP also claimed responsibility for a suicide bombing outside the tent of a June 4 Ulema Council conference, where close to 3,000 religious scholars gathered to issue a fatwa condemning intra-Muslim violence, killing 14 and injuring at least 20.

On November 20, a suicide bombing at a wedding hall in Kabul killed at least 50 individuals and injured dozens more.  According to a government official, the attack was one of more deadly attacks in Kabul during the year, targeting a gathering of religious scholars.  No group claimed responsibility for the attack.

The Taliban continued to kill and threaten religious leaders with death for preaching messages contrary to the Taliban’s interpretation of Islam or its political agenda.  On May 26, the Taliban killed a prominent religious scholar in Bati Kot District, Nangarhar Province, whom it accused of spying for the government.  On June 5, local authorities said the Taliban killed a prominent religious scholar in Kandahar City.

In several cases, the responsibility for attacks on religious officials was unclear.  In these cases, although no individual or group claimed responsibility for the attacks, local authorities suspected the ISKP and less frequently, the Taliban were responsible.  On April 29, an IED explosion near a Sunni mosque killed five civilians in Jalalabad City, Nangarhar Province.  On June 6, armed men opened fire in a Sunni mosque during prayers, killing four civilians and injuring five others in Mandozai District, Khost Province.  No group claimed responsibility for the attack.  On November 24 in Kabul, two unidentified gunmen on a motorcycle killed Mawlawi Abdul Basir Haqqani, the head of Kabul’s Ulema Council.  Authorities detained two individuals.

On June 8, an IED killed religious scholars supportive of the government in Mehtarlam City, Laghman Province, killing three civilians and injuring 12 others.  On June 23, unidentified gunmen killed a Shia religious scholar in Herat.  On July 14, unidentified gunmen killed a progovernment imam in Farah City, Farah Province.

There continued to be reports of the Taliban and ISKP monitoring the social habits of local populations in areas under their control and imposing punishments on residents according to their respective interpretations of Islamic law.  On February 12, the Taliban stoned a man to death on charges of engaging in extramarital sex (zina) in the province of Sar-e Pul.  On March 18, the Taliban punished an 18-year-old male by cutting off his right hand and left leg on charges of robbery in Obe District, Herat Province.

On February 27, in Tangi Wazir, Nangarhar Province, the ISKP stoned to death a man accused of engaging in extramarital sexual relations.  The ISKP released a press statement stating the married man was stoned to death because he had illegal extramarital sexual relations.  In April the ISKP stoned to death a 60-year-old man accused of raping a woman in Darzab District, Jawzjan Province.   

There were reports of continued Taliban warnings to mullahs not to perform funeral prayers for government security officials.  As a result, according to MOHRA officials, imams continued to state they feared performing funeral rites for ANDSF and other government employees.  In July government officials confirmed media reports that officially registered imams in Samkani District, Paktiya Province, refused to perform funeral rites for ANDSF members to avoid being targeted by antigovernment elements in the area.  Local communities pointed out that inaction by Islamic clerics affected security force morale.  MOHRA also reported difficulty in staffing registered mosques in insecure areas because of Taliban threats.

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

There were continued reports of the Taliban and ISKP taking over schools in areas under their control and imposing their own curricula.

Legal Framework

The constitution declares Islam to be the state religion and prohibits state institutions from engaging in behavior incompatible with Islamic values.  The constitution provides for freedom of worship in accordance with the law and states freedom of conscience and freedom of opinion are inviolable.

The law does not prohibit conversion from Islam, but proselytizing of Muslims by non-Muslims is a criminal offense.  The law prescribes a maximum punishment of one million dinars ($8,500) and five years’ imprisonment for anyone who “incites, constrains, or utilizes means of seduction intending to convert a Muslim to another religion; or by using to this end establishments of teaching, education, health, social, culture, training … or any financial means.”  Making, storing, or distributing printed documents or audiovisual materials with the intent of “shaking the faith” of a Muslim is also illegal and subject to the same penalties.

The law criminalizes “offending the Prophet Muhammad” or any other prophets.  The penal code provides a punishment of three to five years in prison and/or a fine of 50,000 to 100,000 dinars ($420 to $850) for denigrating the creed or prophets of Islam through writing, drawing, declaration, or any other means.  The law also criminalizes insults directed at any other religion, with the same penalties.

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

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

The law requires any group, religious or otherwise, to register with the government as an association prior to conducting any activities.  The Ministry of Interior (MOI) grants association status to religious groups; only registered associations are officially recognized.  The MOI’s registration requirements for national-level associations stipulate the founding members must furnish documents proving their identities, addresses, and other biographic details; furnish police and judicial records to prove their good standing in society; show they have founding members residing in at least one quarter of the country’s provinces to prove the association merits national standing; submit the association’s constitution signed by its president; and submit documents indicating the location of its headquarters. The law requires the ministry to provide a receipt for the application once it has received all the required documentation and to give a response within 60 days of submission of the completed application.  The law states applicants are de facto approved if the ministry fails to make a decision within the 60-day limit.  The law grants the government full discretion in making registration decisions, but provides applicants an opportunity to appeal a denial to an administrative tribunal.  For associations seeking to register at the local or provincial level, application requirements are similar, but the association’s membership and sphere of activity is strictly limited to the area in which it registers.  An association registered at the wilaya (provincial) level is confined to that specific wilaya.

The Ministry of Religious Affairs (MRA) must approve registration applications of religious associations.  The law, however, does not specify additional requirements for religious associations or further specify the MRA’s role in the process.  Religious groups may appeal an MRA denial to an administrative tribunal.

The National Commission for Non-Muslim Religious Groups, a government entity, is responsible by law for facilitating the registration process for all non-Muslim groups.  The MRA presides over the commission, composed of senior representatives of the Ministries of National Defense, Interior, and Foreign Affairs, the presidency, national police, national gendarmerie, and the governmental National Human Rights Committee (CNDH).  Representatives from Catholic and Protestant churches have not met or communicated with this Commission and believe it rarely meets.

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

The law specifies the manner and conditions under which religious services, Muslim or otherwise, may take place.  The law states religious demonstrations are subject to regulation and the government may shut down any religious service, taking place in private homes or in outdoor settings without official approval.  With the exception of daily prayers, which are permissible anywhere, Islamic services may take place only in state-sanctioned mosques.  Friday prayers are further limited to certain specified mosques.  Non-Islamic religious services must take place only in buildings registered with the state for the exclusive purpose of religious practice, run by a registered religious association, open to the public, and marked as such on the exterior.  A request for permission to observe special non-Muslim religious events must be submitted to the relevant wali (governor) at least five days before the event, and the event must occur in buildings accessible to the public.  Requests must include information on three principal organizers of the event, its purpose, the number of attendees anticipated, a schedule of events, and its planned location.  The organizers also must obtain a permit from the wali.  The wali may request the organizers to move the location of an event or deny permission for it to take place if he deems it would be a danger to public order or harm “national constants,” “good mores,” or symbols of the revolution.  If unauthorized meetings go forward without approval, participants are subject to dispersal by the police.  Failure to disperse at the behest of the police may result in arrest and a prison term of two to 12 months under the penal code.

The penal code states only government-authorized imams, whom the state hires and trains, may lead prayers in mosques and penalizes anyone else who preaches in a mosque with a fine of up to 100,000 dinars ($850) and a prison sentence of one to three years.  Fines as high as 200,000 dinars ($1,700) and prison sentences of three to five years are stipulated for any person, including government-authorized imams, who acts “against the noble nature of the mosque” or in a manner “likely to offend public cohesion.”  The law states such acts include exploiting the mosque to achieve purely material or personal objectives or with a view to harming persons or groups.

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

The Ministries of Religious Affairs, Foreign Affairs, Interior, and Commerce must approve the importation of all religious texts, except those intended for personal use.

A 2017 decree established a commission within the MRA to review importation of the Quran.  Authorities generally consider “importation” to be approximately 20 or more religious texts or items.  This decree requires all applications to include a full copy of the text and other detailed information.  The ministry is given three to six months to review the text, with the absence of a response after that time constituting a rejection of the importation application.  A separate 2017 decree covering religious texts other than the Quran states, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.”  The importer must submit the text and other information, and the ministry must respond within 30 days.  A nonresponse after this period is considered a rejection.  Religious texts distributed without authorization may be seized and destroyed.

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

Under the law, children born to a Muslim father are considered Muslim regardless of the mother’s religion.

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

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

The constitution prohibits non-Muslims from running for the presidency.  Non-Muslims may hold other public offices and work within the government.

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

The family code prohibits Muslim women from marrying non-Muslim men unless the man converts to Islam.  The code does not prohibit Muslim men from marrying non-Muslim women.

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

The law prohibits religious associations from receiving funding from political parties or foreign entities.  The constitution prohibits the establishment of political parties based on religion.

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

Government Practices

In May authorities prosecuted 26 Ahmadi Muslims in Bejaia for insulting the precepts of Islam, operating an association without approval, and collecting money without authorization.  Their case went to trial in June.  The court acquitted three persons, sentenced a married couple in absentia to six months in prison, and sentenced the remaining individuals to three months in prison.

The government continued to enforce the ban on proselytizing by non-Muslim groups.  According to media reports, authorities arrested, jailed, and fined several Christians on charges of proselytizing by non-Muslims, which prompted churches to restrict some activities not related to proselytizing, such as the distribution of religious literature and holding of events in the local community Muslims might attend.  According to media reports, authorities charged five Christians from Bouira Province, three of whom belong to the same family, with “inciting a Muslim to change his religion” and “performing religious worship in an unauthorized place.”  On December 25, a judge at the court of Bouira acquitted the five individuals.

In March a court in Tiaret convicted two Christian brothers on proselytism charges for carrying more than 50 Bibles in their car.  Prosecutors said the accused planned to use the Bibles for proselytism, while the brothers said they were for church use only.  The court upheld the proselytism charges and fined each man 100,000 dinars ($850).

In May a court convicted a church leader and another Christian of proselytizing for transporting Bibles.  The court fined each individual 100,000 dinars ($850) and sentenced each to three months in prison.

In July a court in Dar El-Beyda dropped all charges against Idir Hamdad, a man arrested in April 2016 at the Algiers airport for carrying a Bible and several religious artifacts including crucifixes, scarves, and keyrings.  The court originally sentenced Hamdad in absentia in September 2017 to six months in prison and fined him 20,000 dinars ($170) on charges of importing unlicensed goods.  On May 3, following his lawyer’s appeal, the court overturned the prison sentence but upheld the fine.  On July 9, the prosecutor appealed, asking for a harsher sentence, but the court dropped all charges against Hamdad.  In its verdict, the court found that Hamdad was prosecuted “simply because he converted to Christianity, and what he was carrying was only gifts.”

Throughout the year, the government conducted investigations of at least 85 Ahmadi Muslims, according to leaders of the Ahmadi community.  Charges included operating an unregistered religious association, collecting funds without authorization, and holding prayers in unauthorized locations.  There were reports of police confiscating passports and educational diplomas from the Ahmadis, and pressuring employers to put Ahmadi workers on administrative leave.  Some of those investigated during the year were placed in pretrial detention, put on trial, and given prison sentences of up to six months.  Others appealed charges and court decisions, were placed under house arrest, or were freed after pretrial detention or serving a prison sentence.  As of December no Ahmadi Muslims were in prison.

Between November 2017 and December 2018, according to the president of the EPA, the government closed eight churches and a nursery associated with the EPA for operating without government authorization, illegally printing evangelical publications, and failing to meet building safety codes.  In June authorities reopened three churches in Oran, Ain Turk, and El Ayaida they had closed between November 2017 and February 2018.  As of the end of the year, three churches affiliated with the EPA in Bejaia and one non-EPA church in Tizi Ouzo remain closed.  Media reported that on December 4, in Oran, the provincial government cancelled the closure of a Christian bookshop associated with the nursery.  The bookshop owner, Pastor Rachid Seighir, was not compensated for the losses incurred since authorities ordered the shop’s closure in November 2017.

The UN Human Rights Committee in July adopted a report including the following language:  “the Committee remains concerned by reports of closures of churches and evangelical institutions and various restrictions on worship by Ahmadi persons.  It also expresses concern regarding allegations of attacks, acts of intimidation and arrests targeting persons who do not fast during Ramadan…”

A lawyer for the Ahmadi community said judges and prosecutors on several occasions questioned Ahmadi defendants in court about their religious beliefs and theological differences with Sunni Islam.  Members of the Ahmadi community said government officials tried to persuade them to recant their beliefs while they were in custody.

In April Slimane Bouhafs, a Christian convert, was released after spending 18 months in prison for posting statements in 2016 on his Facebook page deemed insulting to the Prophet Muhammad.  In July 2017, authorities commuted his sentence as part of a presidential amnesty.  A court originally sentenced Bouhafs to five years in prison plus a 100,000 dinar ($850) fine; authorities later reduced that sentence to three years.

In May a court in Tiaret upheld a verdict against Noureddine Belabbes and another Christian, who previously had been found guilty of proselytizing and fined 100,000 dinars ($850) and legal expenses after their arrest in 2015 for transporting Bibles.  Authorities originally sentenced Belabbes and his colleague in 2017 to two years in prison and a 50,000 dinar ($420) fine, but after a March appeal, the judge overturned the prison sentences and instead gave them suspended prison sentences of three months each and doubled the fines.  Belabbes stated that he would not appeal the judgment.

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

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

According to the MOI, although religious associations were de facto registered if the ministry did not reject their applications within 60 days of submission, the 60-day clock did not begin until the ministry considered the application complete and had issued a receipt to that effect.  Nongovernmental organizations and religious leaders said the MOI routinely failed to provide them with a receipt proving they had submitted a completed registration application.  Ahmadis reported their request to meet with Minister of Religious Affairs Mohamed Aissa or another senior ministry official to discuss their registration concerns had not received a government response.

The Ahmadi community reported administrative difficulties and harassment since they are not a registered association and are unable to meet and collect donations.  Members of the Ahmadi community said they tried to register with the MRA and Ministry of Interior (MOI) as a Muslim group but the government rejected their applications because it regards Ahmadis as non-Muslims.  The government said it would approve the community’s registration as non-Muslims, but the Ahmadis refused to file as anything but Muslims.

In accordance with the 2012 Associations Law that all organizations needed to reregister with the government, several religious groups registered under the previous law continued to try to reregister with the government.  The EPA and the Seventh-day Adventist Church submitted paperwork to renew their registrations in 2014 but as of year’s end had still not received a response from the MOI.

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

Most Christian leaders stated they had no contact with the National Commission for Non-Muslim Religious Groups, despite its legal mandate to work with them on registration, since its establishment in 2006.  Other MRA officials, however, met regularly with Christian leaders to hear their views, including complaints about the registration process.  Christian leaders stated some Protestant groups continued to avoid applying for recognition and instead operated discreetly because they lacked confidence in the registration process.

Some Christian citizens said they continued to use homes or businesses as “house churches” due to government delays in issuing the necessary legal authorizations.  Other Christian groups, particularly in the Kabylie region, reportedly held worship services more discreetly.  There were no reports of the government shutting down house churches during the year.

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

The government did not grant any permits for the importation of Christian religious texts during the year, and at least one request remained pending from 2017.  Representatives of the EPA stated they had been waiting more than a year for a new import authorization; the last such authorization was in October 2016.  Non-Islamic religious texts, music, and video media continued to be available on the informal market, and stores and vendors in the capital sold Bibles in several languages, including Arabic, French, and Tamazight.  The government enforced its prohibition on dissemination of any literature portraying violence as a legitimate precept of Islam.

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

According to religious community leaders, the government did not always enforce the family code prohibition against Muslim women marrying non-Muslim men.

In August a local Muslim man applied to a court in Tebessa to marry a Belgian Christian woman.  The court rejected his request because the woman “is Christian and does not embrace Islam.”

Sources stated that Christian leaders were able to visit Christians in prison, regardless of the nature of their imprisonment.

Church groups reported the government did not respond in a timely fashion to their requests for visas for religious workers and visiting scholars and speakers, resulting in an increase in de facto visa refusals.  One Christian leader said the government did not grant or refused 50 percent of visas requested for Catholic Church workers.  As of the end of the year, three members of the Catholic Church had been waiting a year for visas.  Catholic and Protestant groups continued to identify the delays as a significant hindrance to religious practice.  One religious leader identified lack of visa issuances as a major impediment to maintaining contact with the church’s international organization.  Higher-level intervention with officials responsible for visa issuance by senior MRA and Ministry of Foreign Affairs officials at the request of religious groups sometimes resulted in the issuance of long-term visas, according to those groups.

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

Government-owned radio stations continued to broadcast Christmas and Easter services in French, although many Christians said they would prefer services be broadcast in Arabic or Tamazight.  The country’s efforts to stem religious extremism include dedicated state-run religious TV and radio channels and messages of moderation integrated into mainstream media.

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

Government officials continued to invite leading Christian and Jewish citizens to events celebrating national occasions.  President Abdelaziz Bouteflika invited Christian and Jewish community representatives to the November 1 parade to commemorate the beginning of the revolution, according them the same status as Muslim, cultural, and national figures.

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

Government officials regularly made statements about the need for tolerance of non-Islamic religious groups.  In May imams, representatives from the Ministry of Religious Affairs, and municipal officials participated in an interfaith event at a Catholic church in Algiers on the significance of the Virgin Mary in Islam and Christianity.  The same group attended an exhibition on the 99 names of Allah at a Catholic church during Ramadan.

In December a cardinal of the Catholic Church beatified 19 Catholics killed during Algeria’s civil war at a ceremony in Oran.  Algerian authorities facilitated the beatification process by providing transportation, security, and visas to members of the Catholic Church who attended the ceremony.

Legal Framework

The constitution guarantees the right to practice the religion of one’s choice and specifies that freedom of religion is a human right that may not be limited.  The constitution states, “The nation is based upon belief in one supreme God,” but it guarantees all persons the right to worship according to their own religion or belief.  The law restricts citizens from exercising these rights in a way that impinges on the rights of others, oversteps common moral standards and religious values, or jeopardizes security or public order.

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

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

The government defines a religion as having a prophet, holy book, and deity, as well as international recognition.  The government deems the six officially recognized religions meet these requirements.  Organizations representing one of the six recognized religions listed in the blasphemy law are not required to obtain a legal charter if they are established under a notary act and obtain approval from the Ministry of Law and Human Rights.  Religious organizations other than the six recognized religions listed in the blasphemy law must obtain a legal charter as a civil society organization from the MOHA.  Both ministries consult with the MRA before granting legal status to religious organizations.  By law, all religious groups must officially register with the government.  The laws requires all civil society organizations to uphold the national ideology of Pancasila, which encompasses the principles of belief in one God, justice, unity, democracy, and social justice, and they are prohibited from committing blasphemous acts or spreading religious hatred.  Violations of the law may result in a loss of legal status, dissolution of the organization, and arrest of members under the blasphemy articles of the criminal code or other applicable laws.  Indigenous religious groups must register with the Ministry of Education and Culture as aliran kepercayaan to obtain official, legal status.

A joint ministerial decree bans both proselytizing by the Ahmadi Muslim community and vigilantism against the group.  Violations of the Ahmadi proselytizing ban carry a maximum five-year prison sentence on charges of blasphemy.

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

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

The law requires religious instruction in public schools.  Students have the right to request religious instruction in any one of the six official religions, but teachers are not always available to teach the requested religion classes.  Individuals may not opt out of religious education requirements.

Under the terms of a 2005 peace agreement that ended a separatist conflict, Aceh Province has unique authority to implement sharia regulations.  The law allows for provincial implementation and regulation of sharia and extends the jurisdiction of religious courts to economic transactions and criminal cases.  The Aceh government states sharia in Aceh only applies to Muslim residents of the province.  Some Aceh Sharia Agency officials, however, state that sharia applies to all Muslims in Aceh, regardless of their official residency.  Sharia does not apply to non-Muslims.

Aceh’s provincial sharia regulations criminalize consensual same-sex activity, adultery, gambling, consumption of alcohol, and proximity to members of the opposite sex outside of marriage for Muslim residents of the province.  An Aceh governor’s decree forbids women from working in or visiting restaurants unaccompanied by their spouse or a male relative after 9 p.m.  A Banda Aceh mayoral decree forbids women from working in coffee shops, internet cafes, or sports venues after 1 p.m.  Sharia regulations prohibit female Muslim residents of Aceh from wearing tight pants in public, and they must wear headscarves.  One district in Aceh prohibits women from sitting astride motorcycles when riding as passengers, but this reportedly is rarely enforced.  The maximum penalties for violations of sharia regulations include imprisonment and caning.  There are regulations limiting the amount of force that authorities may exert during a caning.

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

The marriage law does not explicitly forbid interfaith marriage, but it contains an article stipulating that parties must perform the marriage ceremony according to the rituals of a religion shared by both the bride and groom.  A man and woman of different religions who seek to marry may have difficulties finding a religious official willing to perform a wedding ceremony.  Some couples of different religions select the same religion on their KTPs in order to marry legally.

The law allows a Muslim man to have up to four wives, provided he is able to support each equally.  For a man to take a second, third, or fourth wife, he must obtain court permission and the consent of the first wife.  These conditions, however, are not always enforced.

Government regulations require Muslim male civil servants to receive permission from a government official and their first wives prior to marrying a second, third, or fourth wife, and prohibit female civil servants from becoming second, third, or fourth wives.

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

Following a 2017 Constitutional Court ruling, citizens are allowed to select indigenous faiths as an option on their KTP cards.  Previously, they were only allowed to choose one of the six officially recognized religions or leave the column blank when applying for a KTP.

A joint ministerial decree requires domestic religious organizations to obtain approval from the MRA to receive funding from overseas donors and forbids dissemination of religious literature and pamphlets to members of other religious groups as well as going door to door for the purposes of converting others.

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

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

Government Practices

On May 13, a family of suicide bombers attacked three Christian churches in Surabaya within minutes of each other.  The parents strapped explosives onto their daughters, ages six and eight, and their teenage sons.  The blasts killed 13 persons and injured 40 others.  President Joko Widodo ordered the National Police to thoroughly investigate the attacks and to identify and bring the guilty groups to justice.

Police and prosecutors said they used the provisions of a newly revised antiterrorism law to arrest more than 350 members of organizations supporting violence against individuals of different religious beliefs.  Authorities had prosecuted approximately 150 of these cases.  A court in August banned the militant group Jemaah Ansharut Daulah under the amended law.

Government and sharia officials stated non-Muslim residents of Aceh could choose punishment under sharia or civil court procedures, but Muslim residents of Aceh must receive punishment under sharia.  Several non-Muslim residents of Aceh chose punishment under sharia, reportedly due to the expediency of punishment and the risk of prolonged trials and possible lengthy prison sentences.

In January a Christian man reportedly opted for punishment under sharia, receiving 36 lashes for selling alcohol, an offense under sharia.  In February two Christians, residents of Aceh Province, received six lashes for gambling.  All three canings took place outside a mosque after Friday prayers with numerous onlookers.

In September Aceh authorities publicly caned a man and a woman in Banda Aceh for having an extramarital affair.  The couple received a sentence of 28 lashes, but had four of them suspended, as they had already been in jail four months.  In Aceh, in April the governor adopted a new regulation forbidding individuals from recording canings and allowing only private witnessing of canings by journalists and adults inside prisons.  Due in part to the subsequent arrest and detention of this governor, while the decree remained in effect, no districts enforced it.  Moving canings away from public view triggered controversy among regional administration and provincial lawmakers and garnered the objection of the influential Dayah community.  Dayah are traditional Islamic boarding schools for the study of the Quran, Hadith, and other Islamic texts.

In December media and human rights groups reported the government released a smartphone app called Smart Pakem allowing citizens to file heresy or blasphemy reports against groups with what the government considers unofficial or unorthodox religious practices.  Jakarta’s Prosecution Office launched the app, which it stated aimed to streamline the heresy and blasphemy reporting system.  Nirwan Nawawi, a spokesman for the prosecutor’s office said, “The objective…is to provide easier access to information about the spread of beliefs in Indonesia, to educate the public, and to prevent them from following doctrines from an individual or a group that are not in line with the regulations.”  Various human rights organizations criticized the app, saying it could undermine religious tolerance and freedom in the country.  According to Human Rights Watch, the app identifies several religious groups and their leaders (including Ahmadi, Shia, and Gafatar), describes their “deviant teachings,” and provides their local office addresses.  In August Human Rights Watch reported the government prosecuted at least 22 individuals for blasphemy since the beginning of the Widodo administration in 2014.

On August 24, a Medan court sentenced Meiliana (one name only), an ethnic-Chinese Buddhist woman, to 18 months in prison for blasphemy against Islam.  Reportedly, in 2016 she privately asked the local mosque caretaker’s daughter that the mosque lower its loudspeaker volume.  The press reported that rumors spread that she was demanding that mosques in her hometown of Tanjung Balai stop calls to prayer altogether.  In ensuing riots, Muslim local residents ransacked and destroyed at least 14 area Buddhist temples.  Human rights groups and some Muslim organizations throughout the country criticized both the prosecution of the case and the harshness of the verdict, as did Vice President Jusuf Kalla.  The central government issued a regulation limiting the volume of mosques’ speakers shortly after the verdict.  A higher court in October upheld the sentence, and Meiliana’s attorney said he planned an appeal to the Supreme Court.  According to news reports, Muslims who attacked Chinese businesses and Buddhist temples in Tanjung Balai in anger over Meiliana’s alleged action were sentenced to a maximum of two months behind bars.

On September 26, the Medan District Court in North Sumatra sentenced a police officer to 16 months in prison for shredding and dumping copies of the Quran into the gutter.  The court found the officer, Tommy Daniel Patar Hutabarat, guilty of blasphemy.

On April 30, the Pandeglang District Court in Banten sentenced Alnoldy Bahari to five years in prison and ordered him to pay a 100 million rupiah ($6,900) fine after finding him guilty of spreading hate speech.  Officials brought charges against him after he posted on Facebook that those who had not seen God were “fake” Muslims.  On May 7, the Tangerang District Court in Banten sentenced Abraham Ben Moses, also known as Saifuddin Ibrahim, 52, to four years in prison for religious defamation after a video appeared of him with a taxi driver in which he shared his Christian faith and engaged in a discussion concerning the Prophet Muhammad’s teachings on marriage, stating Muhammad acted inconsistently with his own teachings.  The court also ordered that Moses, who said he was a Christian cleric, pay a 50 million rupiah ($3,500) fine or else spend an additional one month in prison.  The court determined he intentionally spread information electronically with the intent to incite hatred against an individual, group, and society based on religion.

On July 25, a 21-year-old Christian student from North Sumatra received a four-year sentence for a Facebook post that likened the Prophet Muhammad to a pig.  His lawyer said the student did not challenge the verdict due to fear of intimidation by members of the Muslim group who reported him.  The lawyer also described his client’s trial as “full of intimidation” and said the accused became a target of verbal insults by members of the FPI outside the courtroom.

On July 23, the Constitutional Court dismissed a petition brought by members of the Ahmadi religious community to revoke the blasphemy articles within the criminal code.  This case marked the third failed attempt to repeal the blasphemy articles since 2010.

In November Grace Natalie, an ethnic Chinese Protestant member of the Indonesian Solidarity Party, pledged the party would not support discriminatory local laws based on “the Bible or sharia” and called for an end to the forced closure of places of worship.  Eggi Sudjana, a member of the rival National Mandate Party, reported her comments as potentially blasphemous.  Police summoned her for seven hours of questioning.  Authorities had not filed charges by year’s end.

Authorities had not charged any Ahmadi Muslims with blasphemy as of year’s end, but Ahmadi sources said provincial and local regulations based on these articles placed tighter restrictions on Ahmadis than on the six officially recognized religions.

The MRA maintained its authority at both the national and local level to conduct the “development” of religious groups and believers, including efforts to convert minority religious groups to Sunni Islam.  In several West Java regencies, local governments continued efforts to force or encourage conversion of Ahmadi Muslims with a requirement that Ahmadis sign forms renouncing their beliefs in order to register their marriages or participate in the Hajj.  According to the local Ahmadiyya community in Cianjur and Cirebon, local MRA offices obliged Ahmadis to sign forms stating they denounced Ahmadiyya teachings.  This practice has continued since 2014.

The Setara Institute, a domestic nongovernmental organization (NGO) that conducts advocacy and research on religious and political freedom, again stated the central government made efforts to reaffirm constitutional provisions for religious freedom, promote tolerance, and prevent religiously motivated violence.  It also stated, however, that the central government did little to intervene at the local level or resolve past religious conflicts through its mandate to enforce court rulings, override unconstitutional local regulations, or otherwise uphold the constitutional and legal protections afforded to minority religious groups.  The institute noted local governments selectively enforced blasphemy laws, regulations on permits, and other local regulations in ways that affected various religious groups.

According to religious groups and NGOs, government officials and police sometimes failed to prevent “intolerant groups” from infringing on others’ religious freedom and committing other acts of intimidation, such as damaging or destroying houses of worship and homes.  These groups included the FPI, FUI, FJI, and MMI.  Police did not always actively investigate and prosecute crimes by members of “intolerant groups.”  During the year, police again worked with human rights activists and NGOs to provide tolerance-training sessions to religious leaders and local police.

The Setara Institute reported 40 cases of government abuses of religious freedom between January and June compared with 24 cases in the first 11 months of 2017.  Abuses cited included discrimination, intolerance, and prohibitions on the wearing of hijabs in public school.  Setara attributed the increase to three factors:  the manipulation of the population’s religious sentiments by politicians and other societal actors in the period preceding the 2019 national elections; a rise in the role of community groups instigating intolerant actions; and increased use of social media to disseminate discriminatory messages.

More than 338 Shia Muslims from Madura remained displaced on the outskirts of Surabaya, East Java, after communal violence forced them from their homes in 2012.  Approximately 200 Ahmadi Muslims remained internally displaced in cramped apartments in Mataram, the capital of West Nusa Tenggara, after a mob expelled them from their Lombok village in 2006.

Across the country, minority religious groups, including Muslim groups in non-Muslim majority areas, continued to state the official requirement for a specific number of supporters to build or renovate a house of worship served as a barrier to construction.  Governments did not issue permits when the worshippers obtained the requisite numbers or when opponents of the construction pressured neighbors not to approve.  In many cases, a few vocal opponents from the local majority religious affiliation were reportedly sufficient to stop construction approvals.  State-recognized religious leaders in government-supported interfaith forums reportedly found ways to block aliran kepercayaan believers from constructing places of worship, largely through stringent house of worship permit requirements.  Aliran kepercayaan adherents said they were fearful of atheism accusations were they to contest this treatment in court.  Christian leaders reported that local officials indefinitely delayed permit approval for requests to build new churches because these officials feared construction would incite protests.  Ahmadi and Shia Muslims and Christians said they also faced problems when seeking approval to move to temporary facilities while a primary place of worship underwent renovation.

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

On September 29, local authorities in Jambi closed three churches:  the Indonesian Methodist Church (Gereja Methodist Indonesia), Indonesia Christian Huria (Huria Kristen Indonesia), and Assemblies of God Church (Gereja Sidang Jemaat Allah).  According to the Indonesia Communion of Churches, several Muslim groups such as FPI had sent a letter to the city complaining the churches had created public disturbances.  This resulted in a meeting with city officials and the FPI, Indonesian Ulema Council (MUI), FKUB, and Malay Culture Institute (Lembaga Adat Melayu); however, there were no representatives from the affected churches.  A few days later, government agencies, police, and local chapters of the MUI and KUB decided to close the churches, citing “administrative issues.”  Protests by hundreds of the churches’ worshippers followed the closures.  Church leaders said they had been trying to apply for the appropriate permits from the city administration since 2003, but the city authorities had not granted them due to lack of support from neighborhood authorities and communities.  Jambi city spokesman Abu Bakar said the churches could reopen after the congregations obtained the permits.  Another Jambi official noted that 70 churches in the city had yet to receive building permits.

The Congregation of Churches in Jayapura, Papua, a Christian-majority province, publicly called for terminating the construction of a local mosque following pressure from the neighboring Christian community.  The group said the mosque’s minarets would be taller than the surrounding churches and other structures and questioned the building’s permit status.  The incident generated intense debate among Christian and Muslim communities, leading to the formation by the government of a mediation team to manage tensions between the two communities, largely divided between the area’s ethnic Papuans, who are majority Christian, and migrants from other parts of the country, who are predominantly Muslim.  The interfaith mediation team agreed in April to establish a mutually acceptable height limit of the minarets under construction, conduct an interfaith dialogue, and reaffirm the local government’s policy to enable religious faiths to establish houses of worship in the district.

Construction moved forward on the Santa Clara Catholic Church in Bekasi, West Java.  In December police reportedly sent personnel to safeguard the church, which was used as one of the venues in the region to celebrate Christmas.  The congregation had waited more than 15 years for the approval of its construction permit before receiving it in 2015, and “intolerant groups” regularly targeted the construction site for protests.  Following a 2017 protest, the Bekasi mayor assured the congregation it would be able to finish construction by December 2017, but construction still was not complete at the end of September.

Aliran kepercayaan followers continued to say teachers pressured them to send their children to a religious education class of one of the six officially recognized religions.  Minority religious groups not among the six recognized religions said schools often allowed their children to spend religious education time in study hall, but school officials required parents to sign documents stating their children received religious education.  Ahmadi Muslim students reported religion classes for Islam focused only on Sunni teachings.  A member of the indigenous belief community from Cirebon (belonging to the Sunda Wiwitan group) stated the teachers of their school demanded that students choose a formal education on one of the six officially recognized religions.  Most of the students chose Islam.

Civil servants who openly professed an adherence to an indigenous belief system continued to say they had difficulty obtaining promotions.

Although the government generally allowed citizens to leave the religion column blank on their KTPs, individuals continued to report difficulties accessing government services (such as procuring marriage licenses or receiving health care) and experiencing other forms of discrimination if they did so.  Many local officials reportedly were unaware of the option to leave the religion section blank and refused to issue such KTPs.  The lack of a KTP led to issues ranging from an inability to register for health insurance to problems applying for mortgages.  Faced with this problem, many religious minority members reportedly chose to identify as a member of an officially recognized religion close to their beliefs or reflecting the locally dominant religion.  According to researchers, this practice obscured the real number of adherents to any particular religious group in government statistics.  As of year’s end, observers said it was unclear whether all registry offices throughout the country had the application systems that would allow indigenous believers to state beliefs other than the six recognized religions on their KTPs, in accordance with the 2017 Constitutional Court ruling.  In October MRA officials said there were plans to identify indigenous faiths on KTPs cards; however, this would first require the legislature to revise the registration law, according to the ministry.

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

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

Police Spokesperson Dedi Prasetyo stated police would optimize prevention measures to eradicate radicalism by persuasive engagement and by tracking and profiling of religious leaders. Police expected this engagement would help religious leaders lessen exposure to radicalism among their followers.

Both the central and local governments included elected and appointed officials from minority groups.  For example, the Governor of West Kalimantan and the Mayor of Solo were Catholic, and a leading Shia figure held a seat in the House of Representatives, elected from a majority Sunni district in Bandung, West Java.  As of October President Widodo’s 34-member cabinet included six members of minority faiths.

Foreign religious workers from many religious groups continued to state they found it relatively easy to obtain visas.  Despite laws restricting proselytizing, some foreign religious groups reported little government interference with preaching or religious conversions.

Police provided special protection to some churches in major cities during Sunday services and Christian holidays.

Legal Framework

The constitution defines the country as a secular state and provides for freedom of religion in conformity with the law.

According to the penal code, any act of discrimination based on religion or any act impeding the freedom of religious observance or worship is punishable with up to five years’ imprisonment or 10 years’ banishment (prohibition from residing in the country).  The penal code also states any religiously motivated persecution of a group of persons constitutes a crime against humanity.  There is no statute of limitations for such crimes.

The law requires registration of all public associations, including religious groups, except for groups practicing indigenous religious beliefs; however, registration confers no tax preferences or other legal benefits, and there is no penalty for failure to register.  To register, applicants must submit copies of a declaration of intent to create an association, notarized copies of bylaws, copies of policies and regulations, notarized copies of a report of the first meeting of the association’s general assembly, and lists of the names of the leaders of the association with signature samples of three of the leaders.  Upon review, if approved, the Ministry of Territorial Administration grants the certificate of registration.

The constitution prohibits public schools from offering religious instruction, but private schools may do so.  Islamic religious schools, which are privately funded and known locally as medersas (a variant of madrassah), teach Islam but are required to adhere to the standard government curriculum.  Non-Muslim students are not required to attend Islamic religious classes.  Catholic schools teach the standard educational curriculum and do not require Muslim students to attend Catholic religious classes.  Informal schools, known locally as Quranic schools, which some students attend in lieu of public schools, do not follow a government curriculum and offer exclusively religious instruction.

The law defines marriage as secular.  Couples who seek legal recognition must have a civil ceremony, which they may follow with a religious ceremony.  Under the law, a man may choose between a monogamous or polygamous marriage.  The law states that the religious customs of the deceased determine inheritance rights.  Civil courts consider these customs when they adjudicate such cases; however, many cases are settled informally.

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

Government Practices

On January 31, the government adopted a new national strategy to counter violent extremism.  The strategy was based on five pillars:  Prevention, Protection, Pursuit, Response, and Social Cohesion.  Specific objectives outlined in the national strategy include:  eliminating conditions conducive to the development of terrorism and violent extremism, including but not limited to religious outreach and interfaith efforts; prosecuting all perpetrators and accomplices of crimes of violent extremism and terrorism; providing fair and diligent responses in the event of a terrorist attack or acts of violent extremism perpetrated on national territory, with respect for human rights and the rule of law; contributing to the regeneration of a collective identity, including religious tolerance and coexistence, to strengthen the bonds of national solidarity.

The Ministry of Religious Affairs and Worship was responsible for administering the national CVE strategy, in addition to promoting religious tolerance and coordinating national religious activities such as pilgrimages and religious holidays for followers of all religions.  On November 17-18, the ministry organized, in coordination with the archbishop, the annual Catholic pilgrimage in Kita Cercle and called for religious tolerance among faiths, a sentiment echoed by President Keita in an official statement on November 18.  The ministry also continued supporting a training program for moderate Sufi imams in Morocco, one objective of which was to improve interfaith tolerance.

The Truth, Justice, and Reconciliation Commission continued operating through the year.  In December it opened its field office in Kidal Region.  By year’s end, the commission heard 10,102 testimonies, including cases of religious freedom violations.

Abuses by Foreign Forces and Nonstate Actors

Throughout the year, mostly in the country’s central and northern regions, domestic and transnational violent terrorist groups, including al-Qaeda in the Islamic Maghreb affiliates Ansar al-Dine, Macina Liberation Front, and Al-Mourabitoun, united under the umbrella JNIM, continued to carry out attacks against security forces, UN peacekeepers, civilians, and others they reportedly perceived as not adhering to their interpretation of Islam.

According to eyewitness and media reporting, on September 11, in the town of Hombori, Mopti Region, armed men believed to be JNIM affiliates interrupted a party by firing in the air, threatened those in attendance, and vandalized the venue.  The men announced that playing music and dancing were not acceptable in Islam.

According to church leaders in the town of Barareli, Mopti Region, on December 30, armed men believed to be affiliated with JNIM fired on the town’s church while Christian youth were gathered for Bible study.  No injuries were reported.

According to Christian leaders, continued threats from JNIM prevented the Christian community in Djidja from reopening its church that was closed due to threats from JNIM in 2017.  Six church workers who fled the area remained displaced at year’s end.

Legal Framework

According to the constitution, the country is a Muslim state, with full sovereignty, and Islam is the religion of the state.  The constitution guarantees freedom of thought, expression, and assembly, and says the state guarantees every individual the freedom to practice his religious affairs.  The constitution states the king holds the Islamic title “Commander of the Faithful,” and he is the protector of Islam and the guarantor of the freedom to practice religious affairs in the country.  The constitution prohibits the enactment of laws or constitutional amendments infringing upon its provisions relating to Islam, and also recognizes the Jewish community as an integral component of society.  According to the constitution, political parties may not be founded on religion and may not denigrate or infringe on Islam.

The constitution and the law governing media prohibit any individual, including members of parliament normally immune from arrest, from criticizing Islam on public platforms, such as print or online media, or in public speeches.  Such expressions are punishable by imprisonment for two years and a fine of 200,000 dirhams ($21,000).

The law penalizes anyone who “employs enticements to undermine the faith” or convert a Muslim to another faith, and provides punishments of six months to three years’ imprisonment and a fine of 200 to 500 dirhams ($21 to $52).  It also provides the right to a court trial for anyone accused of such an offense.  Voluntary conversion is not a crime under the law.  The law permits the government to expel summarily any noncitizen resident it determines to be “a threat to public order,” and the government has used this clause on occasion to expel foreigners suspected of proselytizing.

By law, impeding or preventing one or more persons from worshipping or from attending worship services of any religion is punishable by six months to three years’ imprisonment and a fine of 200 to 500 dirhams ($21 to $52).  The penal code states any person known to be Muslim who breaks the fast in public during the month of Ramadan without an exception granted by religious authorities is liable to punishment of six months in prison and a fine of 200 to 500 dirhams ($21 to $52).  Owners have discretion to keep their restaurants open during Ramadan.

The High Authority for Audiovisual Communications established by the constitution requires all eight public television stations to dedicate five percent of their airtime to Islamic religious content and to broadcast the Islamic call to prayer five times daily.

Sunni Muslims and Jews are the only religious groups recognized in the constitution as native to the country.  A separate set of laws and special courts govern personal status matters for Jews, including functions such as marriage, inheritance, and other personal status matters.  Rabbinical authorities, who are also court officials, administer Jewish family courts.  Muslim judges trained in the country’s Maliki-Ashari Sunni interpretation of the relevant aspects of sharia administer the courts for personal status matters for all other religious groups.  According to the law, a Muslim man may marry a Christian or Jewish woman; a Muslim woman may not marry a man of another religion unless he converts to Islam.  Non-Muslims must formally convert to Islam and be permanent residents before they can become guardians of abandoned or orphaned children.  Guardianship entails the caretaking of a child, which may last until the child reaches 18, but it does not allow changing the child’s name or inheritance rights, and requires maintaining the child’s birth religion, according to orphanage directors.

Legal provisions outlined in the general tax code provide tax benefits, land and building grants, subsidies, and customs exemptions for imports necessary for the religious activities of recognized religious groups (Sunni Muslims and Jews) and religious groups registered as associations (some foreign Christian churches).  The law does not require religious groups to register to worship privately, but a nonrecognized religious group must register as an association to conduct business on behalf of the group or to hold public gatherings.  Associations must register with local Ministry of Interior (MOI) officials in the jurisdiction of the association’s headquarters in order to conduct financial transactions, hold bank accounts, rent property, and address the government in the name of the group.  An individual representative of a religious group neither recognized nor registered as an association may be held liable for any of the group’s public gatherings, transactions, bank accounts, property rentals, and/or petitions to the government.  The registration application must contain the name and purpose of the association; the name, nationality, age, profession, and residential address of each founder; and the address of the association’s headquarters.  The constitution guarantees civil society associations and nongovernmental organizations the right to organize themselves and exercise their activities freely within the scope of the constitution.  The law on associations prohibits organizations that pursue activities the government regards as “illegal, contrary to good morals, or aimed at undermining the Islamic religion, the integrity of the national territory, or the monarchical regime, or which call for discrimination.”

Many foreign-resident Christian churches are registered as associations.  The Roman Catholic, Russian Orthodox, Greek Orthodox, Protestant, and Anglican Churches maintain different forms of official status.  The Russian Orthodox and Anglican Churches are registered as branches of international associations through the embassies of Russia and the United Kingdom, respectively.  The Protestant and Catholic Churches, whose existence as foreign-resident churches predates the country’s independence in 1956, as well as the Russian and Greek Orthodox Churches, maintain a special status recognized by the government.

By law, all publicly funded educational institutions must teach Sunni Islam in accordance with the teachings and traditions of the Maliki-Ashari school of Islamic jurisprudence.  Foreign-run and privately funded schools have the choice of teaching Sunni Islam or of not including religious instruction within the school’s curriculum.  Private Jewish schools may teach Judaism.

According to the constitution, only the High Council of Ulema, a group headed and appointed by the king with representatives from all regions of the country, is authorized to issue fatwas, which become legally binding only through the king’s endorsement in a royal decree and subsequent confirmation by parliamentary legislation.  If the king or parliament decline to ratify a decision of the Ulema, the decision remains nonbinding and unenforced.

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

Government Practices

The government at times reportedly detained and questioned Moroccan Christian and Shia citizens about their beliefs.  According to press reports, in April police in Rabat detained a Christian citizen for 24 hours after finding Christian literature in his backpack.  In May and June human rights organizations and media reported local authorities denied two Christian converts the necessary documentation to register to marry because of their religious beliefs.  The couple hosted a small symbolic wedding ceremony in a human rights organization’s headquarters in Rabat in June, but the couple stated they feared being accused of fornication, which is punishable under the penal code, because they did not have a government-issued marriage certificate.  According to activists and members of the religious minority community, authorities also detained and questioned several Shia Muslims for hours about their religious beliefs and about members of their religious community.  According to activists, during these instances, police did not document the detention and, according to media reports, denied such events transpired.

According to press reports, a group called the Moroccan Christian Coordinating Group met with the CNDH on April 3 to submit a petition calling for the government to recognize a series of rights for Christian citizens including freedom of worship, celebration of civil marriages, establishment and operation of cemeteries, being able to use biblical names for children, and the right of children to decline Islamic classes at school, as well as the legal normalization of Christian churches.  CNDH informed the group that CNDH welcomed official complaints where violations of human rights occurred.  CNDH was not aware of a government response to the petition.

Press also reported that on November 22, the Court of Appeals in Taza upheld a Court of First Instance ruling in favor of a defendant who was acquitted of “shaking the faith of a Muslim,” a crime under the penal code, after he reportedly handed a book explaining the Bible to another individual.  The appeals court ruling mentioned the ICCPR, which guarantees “the freedom to manifest one’s religion or beliefs.”

Nonregistered religious groups reported receiving varying treatment by authorities; however, during the year, there were no reports of authorities prohibiting these groups from practicing their religion in private.  A number of religious groups reported they cooperated with authorities and occasionally informed them of planned large gatherings, for which authorities sometimes provided security.

According to religious leaders and legal scholars, the government’s refusal in past years to allow Shia Muslim groups to register as associations continued to prevent these groups from gathering legally for public religious ceremonies.  There were no known Shia mosques.  Shia representatives reported they had not attempted to register during the year.

According to representatives of the Moroccan Association for Religious Rights and Freedoms, on May 3 government authorities refused to accept the application for registration of their association under the determination the association aimed to undermine Islam.

A Christian group applied to register as an association in December 2018; it was awaiting a response from MOI at year’s end.

The government allowed the operation of registered foreign-resident Christian churches.  Church officials reported Christian citizens rarely attended their churches, and they did not encourage them to do so to avoid official accusations of proselytizing.  According to some reports from activists, authorities at times pressured Christian converts to renounce their faith by informing the converts’ friends, relatives, and employers of the individuals’ conversion.  According to community leaders, Christian citizens said authorities made phone or house calls to demonstrate they monitored Christian activities.  Foreigners attended religious services without restriction at places of worship belonging to officially recognized churches.

According to media reports, on June 20, the Collective for Democracy and Liberties cancelled a long-planned seminar on individual rights, including “sexual rights” and religious freedom, immediately before it was scheduled to begin.  A statement from the Ministry of Justice explained the Ministry of Interior had informed the seminar organizers they lacked the appropriate registration to hold the event.  Assabah reported the Head of Government Saadeddin El Othmani, Minister of State for Human Rights Ramid, Minister of Justice Mohamed Aujjar, and Secretary-General of the Party of Progress and Socialism Mohamed Nabil Benabdallah withdrew from participating in the seminar after cabinet and party members were reportedly ordered not to participate in any meetings encouraging sectarianism.  According to a Telquel article, Minister Aujjar said that after reviewing the agenda for the seminar, he cancelled his participation because “speaking about individual liberties does not bother [him], but it is a difficult question to assume politically.”

In an interview on June 14, Minister Ramid stated “freedom of belief does not pose a short-term threat to the state but is certainly a long-term danger” to national cohesion.  On June 19, Minister Aujjar denied the existence of Christian, Baha’i, and Ahmadi citizens, but said throughout history Morocco had allowed Jewish citizens and visiting Christians from Europe and Africa to practice their religions freely.  The Moroccan Christians Coordinating Group issued statements rejecting Minister Aujjar’s denial that they, whose numbers they maintained exceed those of Morocco’s recognized Jewish population, exist.

According to a human rights association, on November 26, it hosted a conference in Rabat on the situation of the country’s religious minorities.  During the event, leaders of human rights organizations said they were beginning to follow the issue more closely; however, limited information was available and official data on Moroccan religious minorities was not available.

The ban on the import, production, and sale of the burqa imposed in 2017 remained in effect.  The MOI cited security concerns as justification for the ban.  The ban did not prevent individuals from wearing burqas or making them at home for individual use.  Authorities, however, continued not to allow police and army personnel in uniform to wear a hijab.

The MEIA remained the principal government institution responsible for shaping the country’s religious sphere and promoting its interpretation of Sunni Islam.  It employed 1852 morchidines and 804 morchidates in mosques or religious institutions throughout the country.  The morchidates taught religious subjects and provided counsel on a variety of matters, including women’s legal rights and family planning.  It continued to provide government-required, one-year training to imams, training an average of 150 morchidines and 100 morchidates a year.  It also continued to train foreign imams, predominantly from sub-Saharan Africa.  The training sessions fulfilled the requirement for religious leaders to acquire a certificate issued by the High Council of Ulema to operate in the country.  The High Council of Ulema also continued to host continuing training sessions and capacity-building exercises for the religious leaders.

According to the government, the MEIA did not interfere with the topics the religious leaders chose to address during sermons; however, religious leaders were required to abide by the guidelines outlined in the MEIA-issued Guide of the Imam, Khatib, and the Preacher when they operated in the country.

The MEIA monitored Quranic schools to prevent what the ministry considered inflammatory or extremist rhetoric and ensure teaching followed approved doctrine.  The government required mosques to close to the public shortly after daily prayer times to prevent use of the premises for what it termed “unauthorized activity,” including gatherings intended to promote extremism.  Construction of new mosques, including those constructed using private funds, required authorization from the MEIA.

The MEIA continued to guide and monitor the content of sermons in mosques, Islamic religious education, and the dissemination of Islamic religious material by broadcast media, actions it said were intended to combat violent extremism.

The government continued to restrict the distribution of non-Islamic religious materials, as well as some Islamic materials it deemed inconsistent with the Maliki-Ashari school of Sunni Islam.  Its policy remained to control the sale of all books, videotapes, and DVDs it considered extremist.  According to media reports, in September the government requested regional MEIA representatives identify morchidines and morchidates with accounts on Facebook, Twitter, Instagram, and Google Plus social media to monitor and ensure only official religious positions were conveyed through these personal accounts.

MOI and MEIA authorization continued to be a requirement for the renovation or construction of churches.  In October the St. John’s Anglican Church in Casablanca began the construction of a community center with approval from government authorities.  The government also gave the Anglican Church approval to renovate and expand the church upon completion of its community center.

The government permitted the display and sale of bibles in French, English, and Spanish.  A limited number of Arabic translations of the Bible were available for sale in a few bookshops for use in university religion courses.  Authorities confiscated bibles they believed were intended for use in proselytizing.

During the year, the government organized four national and regional training sessions on instruction based on “values” and “respect for religious principles.”  The government also introduced 13 new textbooks on the subjects of religion and legal sciences at the primary, junior and high school levels following a review by the MEIA and the Ministry of Education to remove extremist or intolerant references and promote moderation and tolerance.  As of year’s end, the government was also drafting an educational charter mandating traditional education be based on “values” and the “respect for religious and legal studies.”  Modifications to textbooks continued through the end of the year.

Jewish and Christian citizens stated elementary and high school curricula did not include mention of the historical legacy and current presence of their groups in the country.  The government continued to fund the study of Jewish culture and heritage at state-run universities.

The government continued to disseminate information about Islam over dedicated state-funded television and radio channels.  Television channel Assadissa (Sixth) programming was strictly religious, consisting primarily of Quran and hadith (authoritative sayings and deeds ascribed to the Prophet Muhammad) readings and exegesis, highlighting the government’s interpretation of Islam.

According to observers, the government tolerated social and charitable activities consistent with Sunni Islam.  For example, the Unity and Reform Movement, the country’s largest registered Islamic social organization, continued its close relationship with the Party of Justice and Development, the largest party in the governing coalition, and continued to operate without restriction, according to media reports.  The Justice and Charity Organization (JCO), a Sunni Islamist social movement that rejects the king’s spiritual authority, remained banned but largely tolerated.  It remained the largest social movement in the country despite being unregistered.  The JCO continued to release press statements, hold conferences, manage internet sites, and participate in political demonstrations.  The government occasionally prevented the organization from meeting and restricted public distribution of JCO’s published materials.

The monarchy continued to support the restoration of synagogues and Jewish cemeteries throughout the country, efforts it stated were necessary to preserve the country’s religious and cultural heritage and to serve as a symbol of tolerance.  Since 2012, an estimated 170 Jewish cemeteries across 40 provinces have been restored.  According to the government, the MEIA did not interfere in the operations or the practices in synagogues.

The Prison Administration (DGAPR) said it authorized religious observances and services provided by religious leaders for all prisoners, including religious minorities.

Two adoul (notaries), typically religious men, are needed to perform marriages.  In January the School of Islamic Thought and Testimonies convinced the Supreme Scientific Council to amend the law so the king could permit women to become adoul.

During the annual commemoration of the anniversary of the king’s reign, the king bestowed honors on the heads of the Protestant, Greek Orthodox, and other Christian churches in recognition of their contributions to religious tolerance in Moroccan society.

In May the Archives of Morocco signed a cooperation agreement with the USHMM, to facilitate the sharing of documentation on Jewish history in Morocco.  The delegation met with country’s leaders to discuss continuing collaboration between the museum and the country’s National Archives to promote religious tolerance and awareness.

On September 10-12, the government hosted the second International Conference on Intercultural and Interfaith Dialogue in Fez in collaboration with the International Organization of La Francophonie.  According to media reports, at the conference King Mohammed VI delivered remarks describing the tradition of coexistence in the country between Muslims and Jews and openness to other religions.

On September 26, Head of Government El Othmani delivered a message from the king at a UN roundtable table on “The Power of Education in Preventing Racism and Discrimination:  The Case of Anti-Semitism” in New York on the margins of the 73rd session of the UN General Assembly.  The message highlighted the country’s preservation of its synagogues and noted the importance of “shedding light not only on humanity’s glorious moments, but also its darkest hours.”  It stated, “Anti-Semitism is the antithesis of freedom of expression.  It implies a denial of the other and is an admission of failure, inadequacy and an inability to coexist.”

In November the Ministry of Culture, in partnership with the Essaouira-Mogador Association, opened the Bayt Al Dakyra (House of Memory), a research center built from the remains of an old synagogue in Essaouira.  On December 11-12, UNESCO and the Aladdin Project in partnership with Mohammed V University, a public university in Rabat, hosted an international conference in Marrakech titled, “The Importance of History Teaching in Education: The Case of the Holocaust and Great Tragedies of History and 75 Years after the Holocaust, Honoring the Righteous in the Muslim World.”  The organizers paid tribute to the “Muslim Righteous” from Morocco and other countries that helped Jews during the Second World War and discussed the importance of education for highlighting the different phases and experiences of coexistence in the region.  Public officials from Mohammed V University, the Ministry of Education, the Archives of Morocco, and other public institutions participated in the conference.

Legal Framework

The Basic Law of Governance establishes the country as a sovereign Arab Islamic state in which Islam is the official religion.  The Basic Law says sharia is the “foundation of the Kingdom” and states the country’s constitution is the Quran and the Sunna.  The Basic Law contains no legal recognition or protection of freedom of religion.  Conversion from Islam to another religion is grounds for the charge of apostasy, which is legally punishable by death, although courts have not carried out a death sentence for apostasy in recent years.

Blasphemy against Islam may also be legally punishable by death, but courts have not sentenced individuals to death for blasphemy in recent years.  Punishments for blasphemy may include lengthy prison sentences and lashings.  Criticism of Islam, including expression deemed offensive to Muslims, is forbidden on the grounds of preserving social stability.

The 2017 counterterrorism law criminalizes “anyone who challenges, either directly or indirectly, the religion or justice of the King or Crown Prince.”  By year’s end, authorities had not yet issued new implementation regulations, and the implementation regulations of the 2014 counterterrorism law remained in effect.  Those regulations criminalize “calling for atheist thought in any form, or calling into question the fundamentals of the Islamic religion.”  The right to access legal representation for those accused of violating the counterterrorism law is limited; according to the law, “the Public Prosecutor may, at the investigative stage, restrict this right whenever the interests of the investigation so require.”  There is no right to access government-held evidence.

The Basic Law states the duty of every citizen is to defend Islam, society, and the homeland.  Non-Muslims must convert to Islam before they are eligible to naturalize.  The law requires applicants for citizenship to attest to being Muslim and to obtain a certificate documenting their religious affiliation endorsed by a Muslim religious authority.  Children born to Muslim fathers are deemed Muslim by law.

The country is the home of Mecca and Medina, Islam’s two holiest sites.  The government prohibits non-Muslims from entering central Mecca or religious sites in Medina.  Muslims visit the cities on the annual Hajj pilgrimage and on the Umrah pilgrimage.  The government has stated that caring for the holy cities of Mecca and Medina is a sacred trust exercised on behalf of all Muslims.  The country’s sovereign employs the official title of “Custodian of the Two Holy Mosques,” in reference to the two cities.  The government also establishes national quotas for foreigners and issues permits to Muslim residents (including its own nationals) to participate in the Hajj.

Clerics are vetted and employed by the MOIA.  Only government-employed clerics are permitted to deliver sermons, which must be vetted by MOIA in advance.

Since 2016 Saudi-based clerics traveling abroad for proselytization activities must first obtain the permission of MOIA.  The stated purpose of the regulation is to limit the ability of religious scholars to travel, particularly those the government regards as having questionable credentials, and to prevent the appearance of interference, or actual interference, by Saudi-based clerics in the domestic affairs of other states.

Public school students at all levels receive mandatory religious instruction based on Sunni Islam according to the Hanbali School of jurisprudence.  Private schools are not permitted to deviate from the official, government-approved religious curriculum.  Private international schools are required to teach Saudi students and Muslim students of other nationalities an Islamic studies course, while non-Muslim, non-Saudi students sometimes receive a course on Islamic civilization, or else “free time” in place of the curriculum designed for Saudi students; both courses amount to one hour of instruction per week.  Private international schools may also teach courses on other religions or civilizations.

The CPVPV is a semiautonomous government agency with authority to monitor social behavior and report violations of moral standards consistent with the government’s policy and in coordination with law enforcement authorities.  A 2016 decree limited the CPVPV’s activities to only providing counseling and reporting individuals suspected of violating the law to the police.  CPVPV field officers do not wear uniforms, but are required to wear identification badges and legally may only act in their official capacity when accompanied by regular police.  The CPVPV’s purview includes discouraging and reporting public and private contact between unrelated men and women (gender mixing); practicing or displaying emblems of non-Islamic faiths or failing to respect Islam; “immodest” dress, especially for women; displaying or selling media contrary to Islam, including pornography; producing, distributing, or consuming alcohol; venerating places or celebrating events inconsistent with approved Islamic practices; practicing “sorcery” or “black magic”; and committing, facilitating, or promoting acts, publications, or thoughts considered lewd or morally degenerate, including adultery, homosexuality, and gambling.  The CPVPV reports to the king through the Council of Ministers, and the Ministry of Interior (MOI) oversees its operations on the king’s behalf.

The judicial system is based on laws largely derived from the Quran and the Sunna, developed by fatwas issued by the 21-person Council of Senior Scholars (CSS) that reports to the king, and other royal laws and ordinances.  The Basic Law states governance is based on justice, shura (consultation), and equality according to sharia and further identifies the Quran and the Sunna as the sources for fatwas.  The law specifies a hierarchical organization and composition of the CSS, the Permanent Committee for Scholarly Research and Religious Rulings (ifta), and the Office of the Mufti, together with their functions.  The Basic Law recognizes the CSS, supported by the Permanent Committee for Scholarly Research and Religious Rulings, as the supreme authority on religious matters.  The CSS is headed by the grand mufti and is composed of Sunni religious scholars and jurists, 18 of whom are from the Hanbali school of jurisprudence, with one representative of each of the other Sunni schools (Malaki, Hanafi, and Shafi’i).  There are no Shia members.  Scholars are chosen at the king’s discretion and serve renewable four-year terms, with many serving for life.

The country’s legal architecture does not derive from a common law system, and judges are not bound by legal precedent.  In the absence of a comprehensive criminal code, rulings and sentences can diverge widely.  Criminal appeals may be made to the appellate and Supreme courts, although appellate decisions sometimes result in a harsher sentence than the original court decision.  Government universities provide training in all four Sunni schools of jurisprudence, but with a focus on the Hanbali school.

In legal cases involving accidental death or injury, compensation differs according to the religious affiliation of the plaintiff.  In the event a court renders a judgment in favor of a plaintiff who is a Jewish or Christian male, the plaintiff is entitled to receive 50 percent of the compensation a Muslim male would receive; other non-Muslims may only receive one-sixteenth the amount a male Muslim would receive.

Judges have been observed to discount the testimony of Muslims whom they deemed deficient in their knowledge of Islam, and to favor the testimony of Muslims over the testimony of non-Muslims.  Under the government’s interpretation of the Quran, judges may place the value of a woman’s testimony at half that of a man’s in certain cases.

The Basic Law requires the state to protect human rights in accordance with sharia.  The Human Rights Commission (HRC), a government entity, is tasked with protecting, enhancing, and ensuring implementation of international human rights standards “in light of the provisions of sharia,” and regularly follows up on citizen complaints.  There are no formal requirements regarding the composition of the HRC; during the year, the commission had approximately 28 members from various parts of the country, including two Shia members.

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

Government Practices

There were reports of prison authorities abusing Shia prisoners, including one incident leading to death.  Online media and NGOs reported in March that Ahmed Attia, a Shia activist deported to the country from Bahrain in January, reportedly suffered memory loss as a result of physical abuse while in detention in Dammam prison.  Shia Rights Watch (SRW) also reported the March 13 death of 61-year-old Haj Ali Jassim Nazia as a result of physical abuse in prison.

Some human rights organizations stated convictions of Shia on security charges, including several carrying the death penalty, stemming from 2017-18 clashes were motivated by sectarianism, while the government stated the individuals were investigated, prosecuted, and sentenced as a result of security-related crimes and in accordance with the law.  On March 15, UN experts said 15 individuals convicted of spying for Iran and financing terrorism were facing imminent execution after their sentences were referred to the Royal Court for ratification by the king.  The Specialized Criminal Court in Riyadh sentenced the 15 individuals, all of whom were Shia, to death in December 2016 and further court rulings in July and December 2017 upheld the sentences.  Human rights organizations widely decried the legal process as not heeding international standards for fair trial guarantees and transparency.  At the end of the year, the government had not carried out the sentences.

International NGOs stated they were unable to obtain any information on the status of Ahmad al-Shammari, who had reportedly been sentenced to death for charges related to apostasy in April 2017, and was believed still to be incarcerated.  It was unknown whether any appeals in his case remained pending.

On January 4, the SCC sentenced prominent Shia cleric Sheikh Mohammed al-Habib to seven years in prison after the Public Prosecution’s objection to his 2017 acquittal.  The ruling overturned a previous verdict issued by the SCC in July 2017, acquitting al-Habib of the charges of inciting sedition and sectarianism, incitement against the rulers, and defaming religious scholars.  According to human rights groups, authorities detained al-Habib in response to his public statements urging the government to address anti-Shia sectarianism, including in the educational curriculum, and criticizing government clerics who had espoused anti-Shia views.

In August the public prosecutor announced charges against six Shia activists, including female activist Israa al-Ghomgham, from the Eastern Province arrested between September 2015 and April 2016 based on the Islamic law principle of ta’zir, in which the judge has discretion over the definition of what constitutes a crime and over the sentence.  The charges include “instigating riotous gatherings” in Qatif, “joining a terrorist organization linked to an enemy state,” “chanting anti-government slogans,” and “providing moral support for those rioting and instigating sectarian strife.”  According to HRW, the SCC in the Qatif region was the venue for the defendants’ trial.  There were no updates on the case at year’s end.

Up to 34 individuals, all believed to be Shia, faced the possibility of execution as they awaited implementation orders for death sentences already confirmed by the Supreme Court for their roles in protests in the Qatif area of the Eastern Province in 2011 and 2012, according to human rights organizations.  Up to nine of these persons – including Ali al-Nimr (the nephew of Nimr al-Nimr, who was executed in 2016), Dawood al-Marhoon, Abdullah al-Zaher, Abdulkareem al-Hawaj, and Mujtaba al-Sweikat – may have been minors at the time they committed the acts for which they were convicted; however, the government disputed these claims, noting the courts and sharia system use the hijri (lunar/Islamic) calendar for age computations.  Human rights organizations said many of the convictions were based on confessions extracted through prolonged solitary confinement and torture.  Many of these individuals alleged authorities tortured them during pretrial detention and interrogation.  Local Shia activists and international human rights groups questioned the competence, independence, and impartiality of the judiciary, and noted that the underlying charges were inconsistent with international principles of freedom of assembly, expression, and association.

The government continued to imprison individuals accused of apostasy and blasphemy, violating Islamic values and moral standards, insulting Islam, black magic, and sorcery.

On June 7, police arrested Vishnu Dev Radhakrishnan, an Indian national and employee of the Saudi Arabian Oil Company (also known as Saudi Aramco) for “cybercrime pertaining to blasphemy and spreading messages against the Kingdom through social media.”  Radhakrishnan allegedly sent messages on Twitter criticizing the Prophet Mohammed.  On September 13, a court sentenced him to five years’ imprisonment and a 150,000 riyal ($40,000) fine.

Raif Badawi remained in prison at the end of the year based on his 2013 conviction for violating Islamic values, violating sharia, committing blasphemy, and mocking religious symbols on the internet.  Originally sentenced to seven years in prison and 600 lashes in 2013, a court increased Badawi’s sentence on appeal to a 10-year prison term and 1,000 lashes.  By year’s end, the government had not carried out the remaining 950 lashes.

At year’s end, the status of Ahmad al-Shammari’s appeal of his death sentence following his 2017 conviction on charges related to apostasy was unknown.  According to media reports, Shammari allegedly posted videos to social media accounts in which he renounced Islam and the Prophet Muhammad.

In September the SCC opened trials against some clerics, academics, and members of the media for alleged association with the MB.  The accused included prominent Muslim scholars Salman al-Odah, Awad al-Qarni, and Ali al-Omari.  The three were arrested in September 2017.  The public prosecutor reportedly sought the death penalty against them.  The public prosecutor leveled 37 charges against al-Odah, the vast majority of which were connected to his alleged ties with the MB and Qatari government, and his public support for imprisoned dissidents.  In reviewing some of the specific charges, HRW noted, “The initial charges are mostly related to his alleged ties to the MB and other organizations supposedly connected to it.”  None referred to specific acts of violence or incitement to acts of violence, according to a HRW statement on September 12.  The 30 charges against al-Omari included “forming a youth organization to carry out the objectives of a terrorist group inside the Kingdom.”  The government continued to regard the MB as a terrorist organization.

Authorities are reported to have arrested cleric Abdelaziz al-Fawzan in July after he spoke out against the arrests of other religious leaders in the country, according to the website Middle Eastern Eye.  The Prisoners of Conscience Twitter account reported that Fawzan, a professor of comparative religious law at the Saudi Higher Institute of Justice, had been arrested over a tweet in which he had “expressed his opinion against the suppression of sheikhs and preachers.”

According to Reuters, the government detained influential religious scholar Safar al-Hawali and three of his sons in July, widening an apparent crackdown against clerics, intellectuals, and rights campaigners.  Al-Hawali, often linked to the MB, rose to prominence 25 years ago as a leader of the Sahwa [Awakening] movement, which agitated to bring democracy to the country and criticized the ruling family for corruption, social liberalization, and working with the West.  Authorities reportedly transferred al-Hawali to a hospital in September after his health deteriorated.

In August multiple media outlets reported that the government detained Saleh al-Talib, an imam and preacher at the Grand Mosque in Mecca, after he reportedly delivered a sermon on the duty in Islam to speak out against the spread of vice.

In September social media and activist websites reported on the suspension or detention of Mecca Grand Mosque imams.  Khalid bin Ali al-Ghamdi was reportedly suspended and ordered to refrain from preaching or engaging in Islamic da’wa (religious outreach).  No reason was announced for the suspension.  Sheikh Faisal bin Jameel al-Ghazawi was reportedly suspended from his position at the Mecca Grand Mosque.  Al-Ghazawi was reportedly also barred from all preaching and da’wa activities.  A third Mecca Grand Mosque imam, Sheikh Bandar Abdulaziz Balila, was reportedly detained by security forces for four days for unknown reasons.

In October the Public Prosecutor’s Office charged cleric Hassan Farhan al-Maliki with calling into question the fundamentals of Islam by casting doubt on prophetic Sunna and hadith (the record of the traditions or sayings of the Prophet Mohammad), propagating deviant beliefs, holding an impure (takfiri) ideology, insulting the rulers and CSS and labelling them as extremists, glorifying the Khomeini-led revolution in Iran, and supporting Hizballah and ISIS, among other charges.  He remained in detention waiting a second trial at year’s end.

On July 2, authorities detained Zuhair Hussein Bu Saleh to implement a prior sentence of two months imprisonment and 60 lashes for practicing congregational prayers at his house due to the lack of Shia mosques in the Eastern Province, according to the international NGO European Saudi Organization for Human Rights.  Bu Saleh was previously arrested in 2015 for “calling for unauthorized gatherings,” and the government closed the prayer hall he supervised.

In August authorities referred cleric Ali Al-Rabieei for prosecution for allegedly tweeting sectarian and anti-Shia content, according to media reports.  Al-Rabieei subsequently apologized for this tweet and reportedly fled abroad.

In August the public prosecutor ordered the arrest of a man who appeared in a video carrying machine guns and threatening to kill Shia citizens in Najran, in the southern part of the country.

According to Shia groups that track arrests and convictions of Shia, more than 300 persons remained in detention in prisons throughout the Eastern Province and additional individuals remained subject to travel bans.  Authorities had arrested more than 1,000 Eastern Province Shia since 2011 in connection with public protests demanding greater rights for Shia, including acts of violence, according to NGO reports.  Most were held on charges involving nonviolent offenses, including participating in or publicizing protests on social media, inciting unrest in the country, and insulting the king.

SRW reported in April government forces raided a Shia prayer hall in Qatif, arresting three men.  According to SRW, the forces also surrounded multiple neighborhoods in Qatif, setting up checkpoints and restricting entry to and departure from the areas.  SRW also reported that authorities arrested a teenage female Shia activist, Nour Said Al-Musallam, for tweets critical of the government.

The UK newspaper The Independent reported that social media users who posted or shared satire attacking religion faced imprisonment for up to five years under strict new laws introduced in the country.  Those found guilty of distributing content online deemed to disrupt public order or disturb religious values would also be subject to a fine of three million riyals ($800,000), the country’s public prosecutor’s office said in a statement on Twitter:  “Producing and distributing content that ridicules, mocks, provokes and disturbs public order, religious values and public morals through social media will be considered a cybercrime.”

A December report by the UN special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, issued after a visit to the country in April and May, stated “The special rapporteur is further concerned at the pattern of systematic repression in the country’s Eastern Province, where the majority Shi’a population resides.  The Special Rapporteur has received credible allegations that many individuals protesting against repression of the Shia have been detained.  Their cases are currently making their way through the Specialized Criminal Court (SCC).  Many of these individuals were reportedly peaceful protesters, simply asking for increased religious freedoms, equal rights for the Shi’a community and political reform.  Some have been convicted for the expression of their political views; some for coordinating protests through social media; and some even for providing first aid to protesters.  In this process, a number of individuals who were under the age of criminal responsibility at the time they committed the alleged offences have now been sentenced to death.  Others have already been executed.”

Human rights organizations and legal experts continued to criticize antiterrorism laws for using overly broad and vague language, making them susceptible to politicization and other abuse.

The government continued to prohibit the public practice of any non-Islamic religions.  According to civil society sources and media reports, non-Muslims and many foreign and local Muslims whose religious practices differed from the form of Sunni Islam promoted by the government could only practice their religion in private and remained vulnerable to discrimination, harassment, detention, and, for noncitizens, deportation.

The MOIA maintained active oversight of the country’s religious establishment and provided guidance on the substance of Friday sermons and restricted the inclusion of content in those sermons it considered sectarian or political, promoting hatred or racism, or including commentary on foreign policy.  Mosques continued to be the only legally permissible public places of worship.  The government continued to address ideology it deemed extremist by scrutinizing clerics and teachers closely and dismissing those found promoting views it deemed intolerant, extreme, or advocating violence abroad, including in Syria and Iraq.  The MOIA continued to use ministry inspectors, regional branch inspectors, field teams, citizen feedback, and the media to monitor and address any violations of the ministry’s instructions and regulations in mosques.  MOIA oversight of mosques in less populated areas was not always as strict as it was in urban areas.  In July the MOIA created a hotline for individuals to call in and report on statements by imams that observers considered objectionable.  In August Minister of Islamic Affairs Abdul Latif Al-Sheikh announced the ministry was developing a mobile phone app which would monitor sermons and allow mosque-goers to rate their preacher on a number of aspects of their work content and length.  According to a BBC report in August, the government was engaged in deliberations on the reform of religious teachings and in a debate on unifying the content of sermons to steer people away from “foreign, partisan, or Muslim Brotherhood” thought.

Practices diverging from the government’s official interpretation of Islam, such as public celebrations of Mawlid al-Nabi (the birthday of the Prophet Muhammad) and visits to the tombs of renowned Muslims, remained forbidden.

While authorities indicated they considered members of the Ahmadiyya Muslim Community to be Muslims, the group’s legal status remained unclear, and the mainly foreign resident Ahmadi Muslims reportedly hid their faith to avoid scrutiny, arrest, or deportation.

In March MOIA official Hashem bin Mohammed al-Barzanji referred to Shia as “rejectionists” in a tweet.

Since 2016, authorities permitted large-scale public commemorations of Ashura and other Shia holidays in Qatif, Eastern Province, home to the largest Shia population in the country.  As a result of several 2015 ISIS-inspired or directed attacks on Shia gathering places in the Eastern Province, there was again a significant deployment of government security personnel in the Qatif area during the Ashura commemoration in September.  According to community members, processions and gatherings appeared to increase over previous years due to decreased political tensions and greater coordination between the Shia community and authorities.

According to members of the expatriate community, some Christian congregations were able to conduct large Christian worship services discreetly and regularly without substantial interference from the CPVPV or other government authorities.

The government stated that individuals who experienced infringements on their ability to worship privately could address their grievances to the MOI, HRC, the National Society for Human Rights (a quasi-governmental organization), and, when appropriate, the MFA.  Religious groups reported, however, that officials typically charged those arrested during private worship services with gender-mixing, playing music, or other infractions not explicitly related to religious observance.  There were again no known reports of individuals contacting these or other governmental agencies for redress when their ability to worship privately was infringed.

According to government policy, non-Muslims were prohibited from being buried in the country.  There was, however, at least one public, non-Islamic cemetery in Jeddah, although the government did not support it financially.  The only other known non-Muslim cemetery was private and only available to Saudi Aramco employees.  Diplomatic missions reported most non-Muslims opted to repatriate their deceased to their home countries whenever financially possible.

Authorities generally required Shia mosques to use the Sunni call to prayer, including in mixed neighborhoods of both Sunni and Shia residents.  In some predominantly Shia areas of al-Ahsa Governorate in the Eastern Province, authorities allowed Shia mosques to use the Shia call to prayer.  In smaller Shia villages where there was virtually no CPVPV presence, reports indicated it was common for Shia businesses to close for three prayer times (not five times per Sunnis practice), or not at all.

The government continued to set policy aimed at enforcing Islamic norms; for example, the government threatened to expel foreigners who did not refrain from eating, drinking, or smoking in public during Ramadan.  According to media reports, it prohibited parents from giving their children any of 50 listed names deemed blasphemous, non-Arabic, or non-Islamic.

The CPVPV continued to monitor social behavior and promote official standards of morality, although instances of CPVPV interactions with individuals reportedly decreased significantly in most urban areas, such as Riyadh, Jeddah, and Dammam.

The government did not recognize certificates of educational attainment for graduates of some Shia religious centers of instruction or provide them employment benefits, which the government provided to graduates of Sunni religious training institutions.

The government continued a multi-year project, begun in 2007, to revise textbooks, curricula, and teaching methods with the stated aim of removing content disparaging religions other than Islam.  The project continued as part of the government’s Vision 2030 development and reform plan announced in April 2016.  The government continued to distribute revised textbooks, although intolerant material remained in circulation, including older versions of textbooks, particularly at the high school level, that contained language disparaging Christians and Jews.  Content included statements justifying the execution of “sorcerers” and social exclusion of non-Muslims, as well as statements that Jews, Christians, Shia Muslims, and Sufi Muslims did not properly adhere to monotheism.  In September Human Rights Watch reported some school textbooks continued to employ biased, anti-Semitic, and anti-Shia language.  Some teachers reportedly continued to express intolerance of other faiths and of alternative viewpoints regarding Islam.

The Anti-Defamation League (ADL) issued a report on textbooks in November, entitled “Teaching Hate and Violence:  Problematic Passages from Saudi State Textbooks for the 2018-19 School Year.”  The report found that school textbooks for the 2018-19 academic year contained “dozens of troubling passages that clearly propagate incitement to hatred or violence against Jews, Christians, Shi’ite Muslims, women, homosexual men, and anybody who mocks or converts away from Islam.”  In its press release announcing the report, the ADL stated “The Saudi curriculum is replete with intolerant passages about Jews and Judaism; some passages even urge violence against Jews.  Others retread classic anti-Semitic stereotypes and assert conspiracy theories about alleged Jewish and Israeli plots to attack the al-Aqsa Mosque in Jerusalem.”

Some travelers entering the country reported they were able to import a Bible for personal use, but the government regularly exercised its ability to inspect and confiscate personal non-Islamic religious materials.

Some academic experts reported the government continued to exclude perspectives at variance with the Salafi tradition within Sunni Islam from its extensive government-owned religious media and broadcast programming.

The CPVPV, in coordination with the Information and Communication Technologies Authority, continued to block certain websites as part of a broader policy of censoring online content that reportedly contained “objectionable” content and “ill-informed” views of religion.  The CPVPV shut down or blocked Twitter accounts for users “committing religious and ethical violations,” and authorities arrested an undisclosed number of social media users in accordance with the anticybercrimes law.  The government also reportedly located and shut down websites used to recruit jihadis or inspire violence.  In 2017 authorities announced they unblocked the calling features of certain private messenger apps, including Viber, FaceTime, and Facebook Messenger.  Some users reported that the calling features of WhatsApp and Skype still remained blocked, however.

The government financially supported approximately 70 percent of Sunni mosques, while the remaining 30 percent were at private residences or were built and endowed by private persons.  The construction of any new mosque required the permission of the MOIA, the local municipality, and the provincial government, which allocated space and issued building permits.  The MOIA supervised and financed the construction and maintenance of most Sunni mosques, including the hiring of clerical workers.

Shia Muslims managed their own mosques under the supervision of Shia scholars.  Most existing Shia mosques in the Eastern Province did not seek official operating licenses, as doing so would require asking the government to extend its explicit endorsement of these mosques, according to some NGO reports.  The government did not finance the construction or maintenance of Shia mosques.  Authorities prohibited Shia Muslims outside of the Eastern Province from building Shia-specific mosques.  Construction of Shia mosques required government approval, and Shia communities were required to receive permission from their neighbors to start construction on mosques.  Two Shia mosques in Dammam remained licensed by the government and served approximately 750,000 worshippers.  According to NGO reports, construction of Shia mosques was not approved outside Shia enclave areas.  There continued to be no licensed Shia mosques in major urban centers such as Jeddah, Riyadh, or al-Khobar.  Shia in those areas were therefore forced to hold prayers in private homes and community centers, where some Shia said they were subject to police harassment.  Expatriate Shia reported threats of arrest and deportation if they gathered privately in large groups to worship and were detected by authorities.

Following ISIS attacks against Shia mosques and gathering places in 2015, security services continued to provide protection for many Shia mosques and gathering places in the Eastern Province.  Additionally, media and other sources reported coordination between Shia volunteers and government security services to ensure security outside mosques and other gathering places during Friday sermons or other large public events.

Multiple reports from Shia groups cited discrimination in the judicial system as the catalyst for lengthy prison sentences handed down to Shia Muslims for engaging in political expression or organizing peaceful demonstrations.  The government permitted Shia judges in the Eastern Province to use the Ja’afari School of Islamic jurisprudence to adjudicate cases in family law, inheritance, and endowment management.  There were five Shia judges, all government-appointed, located in the Eastern Province cities of Qatif and al-Ahsa, where the majority of Twelver Shia live.  According to a Human Rights Watch report issued in September “the Saudi judicial system…often subjects Saudi Shia to discriminatory treatment or arbitrary criminalization of Shia religious practices.”

Reported instances of prejudice and discrimination against Shia Muslims continued to occur with respect to educational and public sector employment opportunities.  Shia stated they experienced systemic government discrimination in hiring.  There was no formal policy concerning the hiring and promotion of Shia in the private sector, but some Shia stated that public universities and employers discriminated against them, occasionally by identifying an applicant for education or employment as Shia simply by inquiring about the applicant’s hometown.  Many Shia reportedly stated that openly identifying as Shia would negatively affect career advancement.

Although Shia constituted approximately 10 to 12 percent of the total citizen population and at least one-quarter of the Eastern Province’s population, representation of Shia Muslims in senior government positions continued to be well below their proportion of the population, including in national security-related positions in the Ministry of Defense, the National Guard, and the MOI.  In contrast with previous years, the 35-member cabinet contained one Shia minister.  There were no Shia governors, deputy governors, or ministry branch directors in the Eastern Province.  There were five Shia members of the 150-member Shura Council.  A very small number of Shia occupied high-level positions in government-owned companies and government agencies.

Multiple municipal councils in the Eastern Province, where most Shia were concentrated, had large proportions of Shia as members, including in the two major Shia population centers of Qatif and al-Ahsa, where five of the 12 government-appointed municipal council members were Shia, and Shia held 16 of the 30 elected seats on the municipal councils.  Eastern Province Shia judges dealing with intra-Shia personal status and family laws operated specialized courts.  Shia were significantly underrepresented in national security-related positions, including the Ministries of Defense and Interior and the National Guard.  According to an article published in September by both Foreign Policy magazine and HRW, “Shiite students are generally kept out of military and security academies, and they rarely find jobs within the security force.”  In predominantly Shia areas, there was some Shia representation in the ranks of the traffic police, municipal government, and public schools.  Shiites are regularly denied access to justice, are arbitrarily arrested, and face discriminatory verdicts.  Scores of them have described the … religiously motivated charges they face in court, including the standard charges of “cursing God, the Prophet, or his companions.”

Shia were reportedly not represented in proportion to their percentage of the population in academic positions in primary, secondary, and higher education, and virtually all public school principals remained Sunni, while some teachers were Shia.  Along with Sunni students, Shia students received government scholarships to study in universities abroad under the Custodian of the Two Holy Mosques Program for Foreign Scholarship.

There were continued media reports however, that some Sunni clerics, who received government stipends, used anti-Semitic, religiously intolerant language in their sermons.  Cases of government-employed clerics using anti-Semitic language in their sermons, including some instances at Friday prayers in Mecca, were rare and occurred without authorization by government authorities.  During the year, the ministry issued periodic circulars to clerics and imams in mosques directing them to include messages on the principles of justice, equality, and tolerance and to encourage rejection of bigotry and all forms of racial discrimination in their sermons.  According to the ministry, during the year, similar to the previous year, no clerics publicly espoused intolerant views warranting dismissal.  Unlicensed imams, however, continued to employ intolerant views in internet postings or unsanctioned sermons in areas without government monitoring.

The government’s stated policy remained for its diplomatic and consular missions abroad to inform foreign workers applying for visas that they had the right to worship privately and to possess personal religious materials.  The government also provided the names of offices where grievances could be filed.

The government required noncitizen legal residents to carry an identity card containing a religious designation of “Muslim” or “non-Muslim.”  Some residency cards, including some issued during the year, indicated other religious designations such as “Christian.”

The government did not formally permit most non-Muslim clergy to enter the country for the purpose of conducting religious services.  Entry restrictions made it difficult for non-Muslims to maintain regular contact with resident clergy, according to non-Muslim religious groups in neighboring countries.  This was reportedly particularly problematic for Catholic and Orthodox Christians, whose religious traditions require they receive sacraments from a priest on a regular basis.  Multiple press outlets reported that visiting Bishop Anba Morkos of Shoubra el-Kheima held the first Coptic Orthodox Mass in the country in December, in a private residence.

The country’s crown prince told The Atlantic in an April interview that he recognized the right of the Jewish people to have a nation-state of their own next to a Palestinian state.  According to the magazine, no Arab leader has ever acknowledged such a right.  In the interview, he also said that the Shia “are living normally” in the country.

According to NGO reports, Umm al-Qura University’s Department of Islamic Studies continued to teach a course on Judaism saying that Jews rely on three texts:  “The Torah, The Talmud, The Protocols of Zion.” (The Protocols of the Elders of Zion is an anti-Semitic tract originally disseminated by the Czarist secret police alleging a Jewish plot aimed at world domination.)  In addition, the reports characterized the university’s course curriculum as heavily anti-Semitic, speaking of the “evil traits” of the Jewish people.

According to the ADL, state television hosted several   hour-long programs   during Ramadan featuring Saad al-Ateeq, a preacher who called   for God to “destroy  ” the Christians, Shia, Alawites, and Jews.  State television also featured Saleh al-Fawzan, who remained   a member of the CSS and was visited   in April by the crown prince, according to al-Arabiya.  The Economist previously reported that Fawzan claimed   ISIS was actually a creation of Jews, Christians, and Shia.  According to Human Rights Watch, he characterized Shia Muslims as “the brothers of Satan.”  According to the ADL, the government gave the honor   of delivering the Eid al-Fitr sermon in June at the Grand Mosque in Mecca to Saleh bin Humaid, who holds a seat   on the CSS.  Bin Humaid previously claimed   it was in Jews’ “nature” to “plot against the peoples of the world.”

According to the Simon Wiesenthal Center, anti-Semitic books including Mein Kampf were offered for sale at the Riyadh Book Fair.

During the year, some Qatari nationals reported being unable to perform the annual Hajj pilgrimage due to logistical obstacles stemming from the border closures and restrictions imposed by Saudi Arabia, the United Arab Emirates, Bahrain, and Egypt on Qatar in 2017.  The government offered Qatari pilgrims internet registration and visa issuance on arrival in Jeddah.  Qatari nationals were purportedly also able to register for Hajj through third country governments.

Al-Monitor, a website covering news from the Middle East, reported in November that the government halted visa issuances to people who held temporary passports and no national identification.  This prevented Palestinians living in Jerusalem and the West Bank, Egypt, Lebanon, Jordan, and elsewhere from traveling to perform religious rites, particularly the Hajj and Umrah.

In April, in the first visit to the country by a senior Catholic official, Chairman of the Pontifical Council for Interfaith Dialogue Cardinal Jean-Louis Tauran met with King Salman and Crown Prince Mohammed bin Salman in Riyadh to discuss the role of followers of religions and cultures in renouncing violence, extremism, and terrorism and achieving worldwide security and stability.  On March 4, the crown prince met publicly with Coptic Pope Tawadros II in Cairo’s largest Coptic cathedral.

On November 1, the crown prince met with U.S. evangelical Christian figures in Riyadh.  Following the meeting, the group met with the government-sponsored Muslim World League’s (MWL) Secretary-General Mohammed al-Issa to discuss ways both parties could counter extremism and exchanged ideas on possible initiatives and programs to increase mutual respect at the grass roots level.  Al-Issa stated the meeting was an exchange to advance understanding and the message of a “moderate and tolerant Islam.”  On January 28, al-Issa wrote a public letter to the U.S. Holocaust Memorial Museum, calling the Holocaust “an incident that shook humanity to the core, and created an event whose horrors could not be denied or underrated by any fair-minded or peace-loving person.”  In October MWL representatives discussed religious cooperation with several non-Muslim religious community leaders including a prominent U.S. Jewish leader at the MWL-sponsored Cultural Rapprochement Between the US and the Muslim World conference in New York.

Legal Framework

The constitution declares Islam is the country’s religion but the constitution also declares the country to be a “civil state.”  The constitution designates the government as the “guardian of religion” and requires the president to be Muslim.  The constitution guarantees freedom of belief, conscience, and exercise of religious practices.  The constitution also states that mosques and houses of worship should be free from “partisan instrumentalization.”  It obligates the state to disseminate the values of moderation and tolerance, protect holy sites, and prevent takfir (Muslim accusations of apostasy against other Muslims).  The law requires that all religious services be celebrated within houses of worship or other nonpublic settings.  These restrictions extend to public advertisement of religious services.  The constitution lists reasons for potential restrictions on the rights and freedoms it guarantees, including protecting the rights of others, requirements of national defense, and public order, morality, or health.

The penal code criminalizes speech likely “to cause harm to the public order or morality,” as well as acts undermining public morals in a way that “intentionally violates modesty.”

There is no legal prohibition of proselytism, but the law criminalizes forced conversions.

Religious groups may form and register associations under the law to establish a bank account and conduct financial activities such as charity work and receive favorable tax treatment, including tax-free donations from government-approved associations, provided the association does not purport to represent all believers of a religious group or use the name of a religious group.  To establish an association, a religious group must submit a registered letter to the Prime Minister’s Office stating the purposes of the association; copies of the national identity cards of its founders, who must be citizens; and two copies of the articles of association signed by the association’s founders or their representatives.  The articles of association must contain the official name of the association in Arabic and any foreign language, if appropriate; its address; a statement of its objectives; membership criteria; membership fees; and a statement of organizational structure, including identification of the decision-making body for the association.  The law requires that associations and political parties respect the rule of law and basic democratic principles.  The law prohibits associations from engaging in for-profit activities, providing material support to individual political candidates, or adopting bylaws or taking actions to incite violence or promote hatred, fanaticism, or discrimination on the basis of religion.  Once established, such an association may receive tax-exempt income from organizations, including foreign organizations that have a prior agreement with the government.

Once the association receives the return receipt from the Prime Minister’s Office, it has seven days to submit an announcement of the name, purpose, and objectives of the association to the government press.  The government press has 15 days to publish the announcement in the government gazette, which marks the association’s official registration.  In the event the government does not return a registered receipt within 30 days, an association may proceed to submit its documents for publication and obtain registration.  A foreign association may establish a branch in the country, but the government may also reject its registration request if the government finds the principles or objectives of the foreign association contravene the law.

Violations of the provisions of the law related to associations are punishable first by a warning of up to 30 days from the secretary general of the government, then by a court order suspending the association’s activities for up to 30 days if the violations persist.  If the association is still in violation of the law, the secretary general may then appeal to the court for dissolution of the association.  Under the law, associations have the right to appeal court decisions.

Registered associations have the right to organize meetings and demonstrations, to publish reports and leaflets, to own real estate, and to engage in “all types of civil activities.”

A 1964 modus vivendi with the Holy See grants official recognition to the Roman Catholic Church.  The concordat allows the Church to function in the country and provides state recognition of the Catholic Church, although it restricts religious activities and services to the physical confines of authorized churches and prohibits construction of new churches and the ringing of church bells.  A limited number of Catholic schools and charities may operate under the concordat, but their financial activities are conducted through registration as an association, and their affiliation with the Church is not publicized.

The law states the government oversees Islamic prayer services by subsidizing mosques, appointing imams, and paying their salaries.  The grand mufti, appointed by the president, is charged with declaring religious holidays, issuing certificates of conversion to Islam, attending to citizens’ inquiries, representing the country at international religious conferences, providing opinions on school curricula, and studying and writing about Islam.  The MRA suggests themes for Friday sermons but does not regulate their content.  The government may initiate administrative and legal procedures to remove imams whom authorities determine to be preaching “divisive” theology.

By law, new mosques may be constructed provided they are built in accordance with national urban planning regulations.  The MRA pays for construction of mosques, although private, and foreign donors also are able to contribute to construction costs.  Mosques become government property upon completion, after which the government must maintain them.

It is mandatory for students in public schools to attend courses on the principles of Islam approximately one hour per week.  Non-Muslim students generally attended these courses but could seek an exemption.  The curriculum for secondary school students also includes references to the history of Judaism and Christianity, according to the Ministry of Education.  Religious groups may operate private schools.

Provisions of law addressing marriage, divorce, and other personal status issues are largely based on principles of civil law, combined with elements of sharia.  Laws of inheritance are principally based on requirements in sharia, but there are some provisions that allow for exceptions as outlined in the Code of Personal Status.

The law does not list religion as a prohibited basis for political parties, but prohibits political parties from using religion to call for violence or discrimination.

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

Government Practices

According to an October report by Amnesty International (AI), “They Never Tell Me Why,” the government imposed restrictions on domestic travel or bans on travelling abroad for some of its citizens, due to security concerns.  According to the AI report, in some cases, “authorities appear to have targeted individuals … on the basis of their perceived religious beliefs or practices, physical appearance, such as having a beard and wearing religious clothing….”  The media also reported police and security forces harassed some women who wore the niqab.

The 1964 modus vivendi with the Holy See effectively limits the Catholic Church’s interactions with citizens, and Christian citizens said there was strong governmental and societal pressure not to advertise publicly about the Church’s activities or theology.  One Christian citizen reported police detained him for displaying books pertaining to Christian theology at a book fair.  He was released without charge, but authorities cited Article 1 of the constitution, which states that the country’s religion is Islam, as the justification for shutting down his book stall.

Fathi Laayouni, the mayor of Tunis suburb El Kram, sparked a debate when he told media on August 16 that his municipality would not validate marriages between a Muslim woman and a non-Muslim man, as required following the September 2017 repeal of the 1973 ban on such marriages.  In justifying his position, Laayouni cited Articles 1 and 6 of the constitution stipulating that the state religion is Islam and that the government is the guardian of religion.  His statement received a strong rebuke from then Minister of Local Affairs Riadh Mouakher, who promised “sanctions” against Laayouni, adding the mayor had an obligation to uphold the law.  Civil society groups reported anecdotal evidence that Laayouni was not the only mayor to refuse performing marriage services between Muslims and non-Muslims.  Anecdotal evidence provided by members of the Christian community suggested that some mayors’ offices refused to marry two Christian citizens.

In August the Baha’i community received information through its lawyer that the First Instance Court of Tunis had denied the community’s court case pertaining to its petition to be a registered association.  As of December the court had not provided a written judgement outlining the legal grounds for its refusal; the Baha’is stated they planned to appeal the court’s decision.  Baha’is also stated it was not possible to establish houses of worship or conduct some religious activities while they lacked official recognition.  In early 2017, the Baha’i community submitted a formal request to the Ministry of Interior for permission for a dedicated cemetery.  Without a dedicated cemetery, Baha’is have had to hide their religious affiliation to use cemeteries reserved for adherents of other recognized faiths.  As of the end of the year, the ministry had not responded to the Baha’i community’s request.

Members of the Baha’i community said there was increased government interest in learning about the Baha’i Faith.  They expressed concern, however, about discrimination by individual security force personnel.  During the year they said that police officers in different cities interrogated members of the community about their religious practices and beliefs in the course of routine security checks.  Although the individuals were all released from police custody without charge, community members said they believed the individuals faced increased and undue scrutiny due to their faith.

The government publicly urged imams to disseminate messages of moderation and tolerance to counter what it said were threats of violent extremism.  Since 2015, the MRA has conducted regular training sessions for imams on how to disseminate these messages.  According to several local mosque committees in charge of mosque operations and chosen by congregation members, the government generally allowed the committees to manage the daily affairs of their mosques and choose their own imams, with the exception of imams for Friday prayers, who were selected exclusively by the MRA.  Regional MRA representatives within each governorate had to vet, approve, and appoint both the committees and the imams.  According to an official from the MRA, the government standardized and enforced mosque opening and closing times, except for certain mosques with cultural or historical significance and very small community mosques.  In the run-up to May 6 municipal council elections, in keeping with national law, the Ministry of Local Affairs issued a public statement stating it had reminded imams and other religious leaders not to make political statements inside of mosques prior to the elections.

Members of the Christian community reported the government allowed churches to operate freely and provided security for their services.  The government, however, restricted public religious services or processions outside the churches.  Christian citizens reported the government did not fully recognize their rights, particularly regarding the establishment of a legal entity or association that would grant them the ability to establish an Arabic-language church or a cemetery for Christian citizens.  The local Christian community did not submit a formal request for an association or legal status during the year.  There are existing Christian cemeteries for foreign members of the Christian community; Christian citizens, however, need permission from the government to be buried in a Christian cemetery.  Citizens reported they generally did not request this permission due what they said was a pattern of governmental nonresponse.  Church leaders stated that while there did not appear to be organized discrimination against Christians, there were also few protections.  If an individual police officer or administrative official treated a member of the Christian community poorly, church leaders said authorities were slow to investigate these abuses or to provide redress in cases of wrongdoing.

Jewish groups said they continued to worship freely, and the government continued to provide security for synagogues and partially subsidized restoration and maintenance costs.  Government employees maintained the Jewish cemetery in Tunis, but did not maintain those located in other cities, including Sousse and El Kef.

The Tunisian Association for the Support of Minorities issued a statement on August 18, condemning the refusal by the management of El Mornaguia prison in Mornaguia, southwest of Tunis, to apply an authorization granted by an investigating judge for a Jewish prisoner to receive kosher meals.  According to members of the Jewish community, however, once the prison was made aware of the prisoner’s family’s request to bring kosher meals more frequently than the three days normally allowed by the prison to accept meals from family members, the prison accommodated this request.

Minister of Religious Affairs Ahmed Adhoum hosted two conferences on religious tolerance and coexistence, the first in Tabarka on January 30-February 1 and the second held in connection with the Lag B’Omer Pilgrimage in Djerba May 3-4.  During the conferences, Adhoum, the minister of tourism, and the minister of cultural affairs emphasized that peace and religious tolerance were essential to countering terrorism.  On May 31, then Minister for Human Rights, Constitutional Bodies, and Civil Society Mehdi Ben Gharbia hosted an interfaith iftar with the grand mufti, grand rabbi, and archbishop of the Roman Catholic Church.

On June 12, the presidentially-appointed Committee on Individual Freedoms and Equality published a report that presented a series of recommended changes to the country’s laws that would align them with the 2014 constitution and international human rights laws and treaties to which the country is a signatory.  The committee’s recommendations included decriminalization of homosexuality; allowing inheritance equality between genders; equality between men and women in marriage and parenting; cancellation of government circulars that continue to be used to justify closing cafes during Ramadan; and a prohibition on the degradation of another’s religion, including a criminalization of “all contempt of others’ religions with the aim to incite violence and hatred.”  In addition, the report stated that discrimination in all of its forms violated existing provisions of the constitution and international laws.  The report recommended changes to legislation to prohibit discrimination based on religion and belief.  Legislation based on the report’s recommendations was introduced in parliament in October and remained pending at the end of the year.

On August 13, in his annual Tunisian Women’s Day address, President Caid Essebsi announced plans to present a draft law to parliament revising the 1956 Personal Status Code to allow inheritance equality, but leaving the option for families to follow Islamic principles favoring male heirs if they chose.  During his speech, he said there was a moral and legal imperative to work for this change using an approach that is based on the country’s constitution, not religious texts.

During an April 9-19 visit, UN Special Rapporteur on Freedom of Religion or Belief Ahmed Shaheed examined the extent to which the right to freedom of thought, conscience, and religion and belief was being respected, protected, and promoted.  In his preliminary findings, he concluded the government had a strong commitment to equality and freedom of religion or belief but identified several legal provisions, legislative gaps, and deficits in the rule of law that could undermine the protection of religion or belief, such as the use of public morality laws to enforce religious tenets.

Authorities again provided a heightened level of security for the annual Lag B’Omer festival held at the El-Ghriba Synagogue in Djerba in May, including security cameras and personnel around the synagogue.

In accordance with government permits, the Jewish community operated private religious schools, and Jewish children were allowed to split their academic day between public schools and private religious schools or attend either type of school full-time.  The government-run Essouani School and the Houmt Souk Secondary School in Djerba remained the only public schools where Jewish and Muslim students studied together, primarily because of the small size and geographic concentration of the Jewish community.  At these schools, Muslim students attended Islamic education lessons on Saturdays while their Jewish classmates could choose to attend classes on religion at a Jewish school in Djerba.