Canada

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of conscience, religion, thought, belief, opinion, and expression. Every individual is equal under the law and has the right to equal protection and benefit of the law without discrimination based on religion. The law imposes “reasonable limits” on the exercise of these religious rights only where such restrictions can be “demonstrably justified in a free and democratic society.” The law permits individuals to sue the government for violations of religious freedom. Federal and provincial human rights laws prohibit discrimination on the grounds of religion. Civil remedies include compensation and/or changes to the policy or practice responsible for the discrimination.

The law does not require religious groups to register, but the government grants tax-exempt status to religious groups that register as nonprofit organizations with the Charities Directorate of the Canada Revenue Agency. Nonprofit status provides such organizations with federal and provincial sales tax reductions, rebates, and exemptions. To gain and retain tax-exempt status, a group must be nonpolitical and undergo periodic audits. Charitable status also grants members of the clergy various federal benefits, including a housing deduction under the tax code and expedited processing through the immigration system. The term “clergy” includes persons whose communities have licensed, ordained, or otherwise formally recognized them for their religious leadership and authority to perform spiritual duties and services within their religious organization. Individual citizens who donate to tax-exempt religious groups receive a federal tax receipt entitling them to federal income tax deductions.

The criminal code prohibits the practice of polygamy, which is an indictable offense subject to imprisonment of up to five years.

A Quebec government law passed and implemented in 2019 prohibits certain provincial government employees from wearing religious symbols while exercising their official functions. The law defines a religious symbol as “any object, including clothing, a symbol, jewelry, an adornment, an accessory, or headwear, that (1) is worn in connection with a religious conviction or belief; or (2) is reasonably considered as referring to a religious affiliation.” Among categories included in the law are president and vice presidents of the national assembly; administrative justices of the peace; certain municipal court employees; police, sheriffs, and deputy sheriffs; certain prosecutors and criminal lawyers; and certain principals, vice principals, and teachers, among others. The law also requires anyone seeking certain provincial government services to do so with “face uncovered.” The law invoked the “notwithstanding clause” of the federal constitution, which permits a province to override specific constitutional protections for a period of five years to prevent citizens from bringing challenges to the law based on the federal constitution. The religious symbols ban applies to public school teachers, government lawyers, judges, prison guards, and police officers, among others. It exempts provincial employees working prior to the implementation of the law, but they lose their right to wear religious symbols upon changing jobs or receiving a promotion.

Government policy and practices regarding education, including regulation of religious schools, fall under the purview of the provincial, rather than federal, governments. Six of the 10 provinces provide full or partial funding to some religious schools.

Catholic and Protestant schools in Ontario, Alberta, and Saskatchewan retain the federal constitutionally protected right to public funding they gained when those provinces joined the federation. Other provinces either had no legally recognized denominational schools that qualified for such protection at the time of federation or accession, or they subsequently secured a federal constitutional amendment to terminate religious education funding rights and introduce an exclusively secular publicly funded education system. Federal statutory protection for Catholic and Protestant publicly funded minority education exists in the Yukon, Nunavut, and Northwest Territories, which do not have provincial status. Constitutional or federal statutory protection for public funding of religious education does not extend to schools of other religious groups, although British Columbia, Alberta, Saskatchewan, Manitoba, and Quebec offer partial funding to religious schools of any faith that meet provincial scholastic criteria. The laws permits parents to homeschool their children or enroll them in private schools for religious reasons.

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

Government Practices

In November, the Quebec Court of Appeal reduced the sentence of a Quebec man to 25 years before eligibility for parole from 40 years after he pled guilty in 2018 to six counts of first-degree murder for killing six worshippers at the Islamic Cultural Centre of Quebec in 2017. Twenty-five years without parole eligibility is both the minimum term for first-degree murder and the customary maximum. The court ruled the original 40-year term was “grossly disproportionate” and struck down the law permitting consecutive maximum 25-year life sentences without parole as unconstitutional. The court stated its decision pertained to the constitutionality of the law and the arbitrary nature of the sentencing judge’s calculation of the sentence, not to the gravity of the crime. The original sentencing judge had rejected the prosecution’s recommendation for consecutive sentences for the six victims for a total of 150 years as constituting cruel and unusual punishment under the Canadian Charter of Rights and Freedoms. Both the convicted man and the prosecution had appealed the 40-year sentence.

Provinces temporarily banned in-person religious gatherings or imposed restrictions limiting the number of persons permitted to gather to stem transmission of COVID-19 that varied by province. Restrictions fluctuated during the pandemic, based on local conditions. For example, in March, Ontario temporarily banned gatherings of more than five persons for any purpose, including for religious assembly, and then in May, the province loosened some rules, including allowing drive-in worship services, after religious leaders of multiple faiths signed a joint letter to the Premier of Ontario asking for changes for religious groups due to the impact of these limits on religious assembly. Ontario permitted spaces of worship to reopen in June, subject to a 30 percent cap of the capacity of their room or structure. Ontario then tightened regulations on gatherings for any purpose as of September 30 due to an increase in COVID cases in the province, limiting them to 50 persons or fewer in indoor licensed facilities or to 10 individuals or fewer in private facilities, but permitted spaces of worship to retain their ability to host up to a 30 percent cap of capacity indoors and a maximum of 100 persons outdoors. On December 21, Ontario announced additional restrictions on gatherings effective December 26, which included a limit of 10 persons at religious services, funerals, and weddings, whether they occurred indoors or outdoors. Other provinces, such as British Columbia and Alberta, allowed religious gatherings of up to 50 persons as long as physical distancing could be maintained; however, in November, British Columbia prohibited in-person religious services, except for time-sensitive events such as funerals, marriages, or baptisms, with a limit of 10 persons due to a rise in COVID-19 case numbers. Separately, in May, four Toronto-area Orthodox rabbis sent a letter to the Premier arguing the province’s cap on gatherings of five persons prevented Orthodox Jews from meeting their religious obligation for a quorum of 10 males to pray.

In September, Quebec reduced the number of persons who could gather in public places, including places of worship, to 25 to 250 persons in specific regions of the province calibrated to the number of cases of COVID-19 locally, although where settings involved little talking or singing the higher cap of 250 persons applied. In September, a group of Quebec leaders representing various faiths issued a public statement asking for all places of worship to be subject to the 250-person limit. Quebec faith leaders said the province did not consult with religious groups before imposing limits on assembly for religious observance and that the lower limits applied to religious compared to some nonreligious venues constituted discrimination. In November, the Quebec government proposed a “Christmas reprieve” allowing limited social gatherings for Christmas celebrations. Leaders of other faith groups said the decision discriminated against their faiths because the province had not lifted public health restrictions during the year for celebrations of their religious holidays. In December, the government reversed its decision, citing a surge in COVID-19 cases. Also in December, an Alberta judge dismissed an emergency application by two Southern Baptist churches and individuals for a temporary injunction to suspend provincial restrictions to allow for in-person religious and seasonal celebrations of Christmas pending a hearing of their suit, filed earlier the same month, to strike down the restrictions as undemocratic and as a violation of constitutional rights to religious freedom. The judge ruled the public interest outweighed the restrictions of rights and that the application did not meet evidentiary benchmarks to grant an injunction. The court did not hear the suit by year’s end.

In April, some members of the Kiryas Tosh Hasidic Jewish community in Broisbriand, a suburb of Montreal, said they faced police and societal discrimination after local police enforced a mandatory quarantine on the 4,000-member community in response to a significant outbreak of COVID-19 cases among its members. The Kiryas Tosh community had initiated a voluntary self-quarantine that the local municipality made mandatory in late March and applied to “the Jewish community” rather than a geographical area. The quarantine confined residents to their homes except to buy food at community stores or in case of medical emergency. Religious gatherings were initially cancelled per an order by the Quebec government that extended to all faith groups across the province. Some residents said public officials and police singled out Jews in applying the local quarantine order and that the lockdown was disproportionate, and they expressed concern that local authorities and media stigmatized and inaccurately portrayed the Jewish community as responsible for transmitting COVID-19. Local media reported incidents of community members disregarding public health regulations. Other Hasidic community members said police acted appropriately, that the quarantine was imposed in coordination with community leaders, and that the restrictions did not prompt widespread concerns within the Hasidic community.

In October, the federal Royal Canadian Mounted Police (RCMP) reversed a policy that had assigned its officers who wear religiously-mandated beards to desk duty during the COVID-19 pandemic. Representatives of the World Sikh Organization (WSO) in September said the RCMP had failed for six months to respond to its complaint that the police force discriminated against its officers who wear religiously mandated beards. RCMP policy required active duty officers to wear respirator masks during the pandemic, and the force stated that facial hair prevented the masks from forming an effective seal. The WSO said other police forces in the country had made an accommodation for religiously-mandated facial hair, but the RCMP stated that as a federal police force, it was uniquely subject to the federal labor code and federal health and safety regulations requiring a clean-shaven face for proper use of the masks. Opposition parties raised the issue in the federal parliament. Prime Minister Justin Trudeau and federal Minister of Public Safety Bill Blair said the RCMP mask policy was discriminatory and directed the RCMP to find an “appropriate accommodation” to allow officers to serve their communities while practicing their faith. The RCMP permitted bearded officers to respond to operational calls wearing the facemasks in cases where supervisors determined the risk of exposure to COVID-19 was low or where multiple responding officers were present. The RCMP said it continued to work to procure a facemask that met operational and health and safety requirements without discriminating against members.

In November and December, the Quebec Superior (general trial) Court concurrently heard separate challenges by four groups of plaintiffs, including the National Council of Canadian Muslims, Canadian Civil Liberties Association, the English Montreal School Board, a Quebec teachers union, and individuals, to strike down as unconstitutional a provincial Quebec law prohibiting certain categories of government employees from wearing religious symbols while exercising their official functions. The Supreme Court, the country’s highest court of appeal, previously had declined to hear a request for an injunction to suspend the law passed in 2019. The law remained in force through year’s end. The plaintiffs stated a subnational government could not infringe on the fundamental and federally guaranteed constitutional rights granted to all citizens. Although the law applied to the wearing of religious symbols of all faiths, according to press reports, the legislation primarily excluded religious minorities whose religion mandates the wearing of religious symbols or dress from positions of authority, including in education and law enforcement. The press also said the legislation unfairly targeted Muslim women in the province who wear hijabs or other head coverings.

The National Council of Canadian Muslims, Canadian Civil Liberties Association, and an individual plaintiff contested the constitutionality of the law, stating that only the federal government could limit rights to religious observance and that the same principle should apply to a law that attempted to regulate religious nonobservance. The plaintiffs said the law discriminated against faith communities by limiting their ability to access public institutions, and the law’s definition of “religious symbols” was so vague it could not be applied consistently and was therefore discriminatory. The plaintiffs also challenged portions of the law prohibiting individuals from receiving certain government services with their faces covered. The three other organizations that filed separate challenges to the law were a multifaith organization on behalf of three teachers – a Catholic and two Muslims – who wore religious symbols; the English Montreal School Board, the largest English language school board in Quebec; and a Quebec teachers union representing 45,000 teachers. The English Montreal School Board applied for, and was granted, funding for its case through a publicly-funded federal court challenges program. The program was administered independently from the federal government by the University of Ottawa, which selected recipients for program funding based on the human rights significance of their case, but the Premier of Quebec declared the use of federal money to sue the Quebec government an “insult” to Quebec. In February, the Montreal English School Board decided not to accept the funding but continued with its suit.

In September, a Quebec judge who declined to hear a Muslim woman in court in 2015 unless she removed her hijab provided a written apology to complainant Rania El-Alloul. The apology was the result of a negotiated settlement that also terminated related disciplinary proceedings against the judge.

According to media reports, in April, the city of Mississauga, Ontario granted an exemption to its noise bylaws to permit local mosques to broadcast daily calls to prayer outdoors during the month of Ramadan to facilitate religious observance for persons unable or unwilling to worship indoors due to COVID-19. A Facebook group called “Mississauga Call to Prayer on LoudSpeaker Unconstitutional,” which included some self-identified secular Muslims and had 10,445 members as of August, objected to the allowance of the prayer in public spaces. The group launched a crowdfunding drive for a constitutional challenge to the exemption, but did not file suit by the end of the year. Hindu Forum Canada, a Mississauga-based nonprofit advocacy group, opposed the exemption on the grounds that Canada is a multifaith society. The call to prayer was the first time the broadcast was permitted publicly in the country. Other Ontario cities, including Toronto, Brampton, Hamilton, Windsor, and Ottawa, as well as Calgary and Edmonton, Alberta, and Vancouver, British Columbia, issued similar noise bylaw exemptions for Ramadan. Hindu Forum Canada subsequently reversed its opposition and sought and received a similar exemption from the Mississauga City Council for Hindu temples. The city granted an exemption for Hindu temples to broadcast hymns during three major Hindu festivals every evening at 7:00 p.m. for five minutes between August 11 and September 1.

In August, the Alberta Human Rights Commission ruled for the second time in favor of two Muslim students barred from praying at their nondenominational private school. The school had accommodated the boys’ request for prayer space briefly after enrolment in 2011 but withdrew permission on the basis that it contravened the school’s secular character. When the boys continued to pray, the school expelled them. The Alberta Human Rights Commission ruled the school had discriminated on the basis of religion and ordered the school to pay a 26,000 Canadian dollar ($20,400) fine in 2015. The school appealed, and the Alberta Court of Appeal overturned the commission’s finding and ordered a new hearing before the Alberta Human Rights Commission. The commission appealed the order to the Supreme Court, which declined to hear the case, returning it to the commission, which renewed its original finding of discrimination. According to media reports, the school said it would appeal the second finding of discrimination, stating the decision set a “dangerous precedent” in contravening its right to welcome students of all faiths, or no faith, in a secular environment and ignored the human rights of other students. In news reports, Imam Syed Soharwady of the Islamic Supreme Council of Canada said the school was demonstrating “arrogance and ego” and doing the wrong thing by “dragging on” the case, and should apologize and accept the decision.

In January, Quebec Education Minister Jean-Francois Roberge announced plans to abolish the province’s ethics and religious culture course, compulsory in all Quebec schools since 2008 and taught from grades 1 to 11, with the exception of Grade 9. He said the government believed there was “too much” religion in schools and the revision was “part of the government’s desire to offer students a modern citizenship education course” focused on secular “21st century themes” such as democracy, citizen engagement, legal education, sexuality, and ethics. In February, the government held consultations to solicit public comment on content for the new course. The government planned to test the new curriculum in some schools during the 2021-2022 school year and implement it in all Quebec schools in September, 2022. Observers stated the change aligned with the government’s wider vision of a “secular” Quebec, and was consistent with its passage of legislation prohibiting the wearing of religious symbols by provincial public employees.

In May, Public Schools of Saskatchewan filed an application with the Supreme Court to appeal a March ruling by the Saskatchewan Court of Appeal that the provincial government continue to fund non-Catholic students attending Catholic schools. The application remained pending through year’s end. The provincial appeal court unanimously overturned a 2017 lower court ruling that public funding for non-Catholic students to attend Catholic schools discriminated against secular schools and those of other religious groups in favor of Catholic education. The provincial government and the Saskatchewan Catholic School Boards Association welcomed the court of appeal ruling, but the public school plaintiffs stated the case had national implications, including for separate schools in Alberta and Ontario, and the conflicting judgments required clarity from the country’s top court.

In December, the Quebec Superior Court dismissed a request from a Jewish couple for a binding judgment that the province had failed to regulate schools and should provide a remedy to ensure children who attend private religious schools in the province receive an education compliant with the provincial curriculum. The court acknowledged past problems with the schools, but it ruled provincial education authorities acted in accordance with laws in place at the time. It stated the provincial government addressed challenges in 2017 by tightening regulations granting the province broader powers to close illegal schools or to intervene in cases where a child’s education was being neglected, and by allowing ultra-Orthodox children to register for home schooling with the secular curriculum to supplement their religious education. The provincial government further strengthened the regulations in 2019. The court stated the home schooling agreement for ultra-Orthodox Jewish communities was a success. The president of Quebec’s Jewish Association for Homeschooling said parents tried to balance the preservation of their faith with satisfying provincial educational requirements. A significant number of parents had signed home schooling agreements with the provincial education ministry since 2017 that included permitting their children to take provincial tests, and at least one religious school helped prepare its students for such exams.

According to the CanAm Hutterite Colony in southwest Manitoba, in July, provincial governments’ publication of COVID-19 outbreaks in Hutterite communal living settings led to cultural and religious profiling. Media reported that some Hutterites in Manitoba, Saskatchewan, and Alberta were denied service in commercial stores outside their colonies. The country’s chief public health officer and premiers of the three provinces stated publicly that surrounding communities should not stigmatize Hutterite colonies. The premiers and public health authorities said Hutterites were cooperating with testing, and were working with health officials to try to limit the spread of the virus. Some colonies adopted the wearing of masks and/or voluntarily restricted travel into and out of the colonies. In July, at the request of the CanAm Hutterite Colony and responding to the colony’s intention to file a human rights complaint, Manitoba ceased publicly identifying colonies where members had tested positive. Also in July, the Hutterian Safety Council wrote to the Saskatchewan government requesting the same discretion and questioning why Hutterite colonies were identified in case updates in press reports where the virus risk was contained, given that no other societal group was identified with specific outbreaks. Saskatchewan’s chief medical health officer said it was important to inform the public where new cases occurred. The province published updates on outbreaks by region, community name, known source of infection, and case status on its public COVID-19 dashboard, but not by societal or cultural group.

Eight lawsuits by religious and other organizations filed in 2018 that sought to reverse denial of their grant applications by the federal government under the Canada Summer Jobs Program remained pending before the Federal Court, with no hearing scheduled as of the end of the year. The federal government had denied their applications after the recipients would not sign an attestation the government imposed as a condition of receiving funding. The attestation required recipients to confirm that their core mandate and the summer jobs for which they planned to use the federal funds respected the Canadian Charter of Rights and Freedoms, as well as other rights and associated case law, including the right to abortion, reproductive and sexual health services, gender equality, sexual orientation, or gender identity or expression. The plaintiffs stated the attestation infringed on their rights to freedom of religion and of expression.

In February, a Quebec real estate broker asked the Quebec government to formally strike anti-Semitic clauses from archaic certificates of location and deeds of sale that prohibited sales of such property to “persons of Jewish origin.” The Supreme Court invalidated these covenants decades ago, but some remained on paper for older properties. A spokesperson for the Quebec Minister of Justice acknowledged the clauses were discriminatory and said the government “needs to do a more comprehensive legal analysis to assess what would be the best collective remedy.” The spokesperson advised owners who have the clause in their covenants to invalidate them in court or decline to apply them during the sale, but the real estate broker who brought the complaint said the responsibility lay with the government, not property owners. The broker said the government should enact legislation requiring notaries to strike the clauses from documents.

In November, Prime Minister Trudeau appointed the country’s first Special Envoy for Holocaust Remembrance and Combating Anti-Semitism. The Special Envoy was designated to lead the country’s delegation to the International Holocaust Remembrance Alliance (IHRA) and work domestically to promote Holocaust education, remembrance, and research. B’nai B’rith said it had advocated for the appointment of a Special Envoy as part of its “Eight-Point Plan to Tackle Anti-Semitism,” and it described the appointment as “a major step forward in the fight against anti-Semitism” in the country. On January 27, Prime Minister Trudeau issued a statement on International Holocaust Remembrance Day in which he said the country would continue to address a resurgence of anti-Semitism domestically and abroad. He said the government had adopted the IHRA definition of anti-Semitism in its anti-racism strategy; recommitted to the principles of the Declaration of the Stockholm International Forum on the Holocaust; and had supported the adoption of the 2020 IHRA ministerial declaration as part of these efforts. He also reaffirmed the country’s commitment to Holocaust remembrance and education. Also in January, the Governor General, the country’s vice-regal representative, attended the commemoration of the 75th anniversary of the liberation of Auschwitz-Birkenau in Poland, and the Fifth World Holocaust Forum, “Remembering the Holocaust: Fighting Anti-Semitism,” in Jerusalem.

The National Holocaust Remembrance Ceremony in Ottawa scheduled for April 21 was cancelled due to the COVID-19 pandemic. Prime Minister Trudeau issued a statement on Yom HaShoah, Holocaust Remembrance Day, in which he urged citizens to observe the day through virtual or other means and stated, “Sadly, acts of anti-Semitic violence are still frequent today, and it is our solemn duty to stand united and vigilant against all forms of anti-Semitism, hatred, and discrimination. We must be clear: attacks against the Jewish community are attacks against all of us. Today – and every day – we stand with Jewish communities here in Canada and around the world to vow, ‘Never Again’.”

In October, Ontario became the first province to adopt the IHRA definition of anti-Semitism, following its adoption by the federal government in 2019. Elsewhere, debate on the IHRA continued throughout the year. In January, Montreal Mayor Valerie Plante did not support a city council motion for the city to adopt the IHRA definition, stating to media that she was “absolutely not” rejecting the motion, but rather was suggesting Montreal formulate its own definition. Gail Adelson-Marcovitz and Reuben Pouplo, national President of the Centre for Israel and Jewish Affairs (CIJA) and cochair of CIJA-Quebec, respectively, issued a joint communique, stating, “We are deeply disappointed that Montreal Mayor Valerie Plante did not support the adoption of the most widely accepted definition of anti-Semitism. The mayor failed to seize the opportunity and show leadership on International Holocaust Remembrance Day to demonstrate that the City of Montreal is committed to combating anti-Semitism, which is rapidly increasing around the world.” Expressing support for the mayor’s position, members of the NGO Independent Jewish Voices (IJV) stated the IHRA definition was “designed to silence criticism of Israel and Zionism by equating this criticism with anti-Semitism and the wrong way to counter anti-Semitism.” In February, the Canadian Federation of Students endorsed IJV’s position on IHRA, stating the IHRA “infringes on both freedom of expression and academic freedom in post-secondary education campuses.” Other city councils, including the city council of Westmount, a Montreal suburb, and the city council of Vaughan in the Toronto area, endorsed the IHRA definition of anti-Semitism.

According to B’nai B’rith Canada, petitions sponsored by the organization prompted the city council of Ajax, Ontario in August to vote to rename a street in a new subdivision that commemorated the German battleship Admiral Graf Spee, and in November to vote to rename another street that commemorated the ship’s captain, Hans Langsdorff. The vessel and its crew fought for Germany in World War II. In July, B’nai B’rith Canada issued a joint call with the Canadian Polish Congress for the removal of monuments in Edmonton, Alberta and Oakville, Ontario, which the two organizations said honored Nazi collaborators.

Spain

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution prohibits discrimination based on religion and provides for freedom of religion and worship for individuals and communities. The constitution states no one may be compelled to testify about his or her religion or beliefs. It also states, “No religion shall have a state character,” but “public authorities shall take into account the religious beliefs of Spanish society and consequently maintain appropriate cooperative relations with the Catholic Church and other denominations.” The Catholic Church is the only religious group explicitly mentioned in the constitution. Under the penal code, it is a crime to prevent or disrupt religious services or to offend or scorn religious beliefs, ceremonies, or practitioners. The constitution allows limits on expression if “necessary to maintain public order.”

The law imposes a sentence between eight to 12 months against an individual who, in order to offend the feelings of members of a religious group, publicly disparages the dogmas, beliefs, rights, or ceremonies of that religious group or who publicly insults members of the religious group. The law imposes the same penalties against an individual who publicly disparages those who do not profess any religion or belief. The law also imposes a six-month to one-year prison sentence or a fine against anyone who perpetrates “profane acts” that “offend the feelings” of legally protected religious confessions in a place of worship or at religious ceremonies.

The penal code definition of hate crimes includes acts of “humiliation or disrespect” against victims because of their religion, with penalties of one to four years in prison. Anti-Semitism is specifically defined in the penal code as a hate crime. By law, authorities may investigate and prosecute criminal offenses committed by neo-Nazi groups as “terrorist crimes.” Genocide denial is a crime if it incites violent attitudes, such as aggressive, threatening behavior or language. The law also provides for a declaration of personal recognition for those who experienced violence or persecution for political, ideological, or religious beliefs during the Spanish Civil War or the dictatorship of Francisco Franco.

The government does not require religious groups to register, but registering confers on religious groups certain legal benefits. Groups registered in the Registry of Religious Entities maintained by the Ministry of the Presidency may buy, rent, and sell property and may act as a legal entity in civil proceedings. Registration entails completing forms available on the ministry’s website and providing notarized documentation of the foundational and operational statutes of the religious group, its legal representatives, territorial scope, religious purposes, and address. All persons or groups have the right to practice their religion whether or not registered as a religious entity.

Registration with the Ministry of the Presidency, as well as notorio arraigo (“deeply rooted” or permanent) status, allows groups to establish bilateral cooperation agreements with the state. The government maintains a bilateral agreement with the Holy See, executed in part by the Episcopal Conference. The Episcopal Conference of Spain interacts with the government on behalf of the entire Catholic community. Per a 1979 agreement with the Holy See, individual Catholic dioceses and parishes are not required to register with the government. The Catholic Church is the only religious entity to which persons may voluntarily allocate 0.7 percent of their taxes. The government also has cooperation agreements with CIE, FCJE, and FEREDE. These agreements with the country’s four predominant religions – Catholicism, Islam, Protestantism, and Judaism – are legally binding and provide the religious groups with certain tax exemptions and the ability to buy and sell property, open a house of worship, and conduct other legal business. The agreements also grant civil validity to weddings clergy perform and permit the placement of teachers in schools and chaplains in hospitals, the military, and prisons. Groups with cooperation agreements are also eligible for independently administered government grants. The agreements cover legal, educational, cultural, and economic affairs; religious observance by members of the armed forces; and the military service of clergy and members of religious orders.

Registered groups that wish to sign cooperation agreements with the state must acquire notorio arraigo status through the Ministry of the Presidency. To achieve this status, groups must have an unspecified “relevant” number of followers, a presence in the country for at least 30 years, and a “level of diffusion” the ministry considers demonstrates a “social presence” but is not further defined. Groups must also submit documentation demonstrating the group is religious in nature to the ministry’s Office of Religious Affairs, which maintains the Register of Religious Entities. Jehovah’s Witnesses, UBE-FEBE, the Church of Jesus Christ, and the Episcopal Orthodox Assembly of Spain and Portugal are registered religions with notorio arraigo status. New religious communities may register directly with the Ministry of the Presidency, or religious associations may register on their behalf.

If the Ministry of the Presidency considers an applicant for registration not to be a religious group, the latter may be included in the Register of Associations maintained by the Ministry of the Interior. Inclusion in the register grants legal status but offers no other benefits. Registration itself simply lists the association and its history in the government’s database. Registration as an association is a precursor to requesting that the government deem the association to be of public benefit, which affords the same tax benefits as charities, including exemption from income tax and taxes on contributions. For such a classification, the association must be registered for two years and maintain a net positive fiscal balance.

The Pluralism and Coexistence Foundation is a public sector foundation attached to the Ministry of the Presidency that promotes religious freedom and diversity. It provides funding to non-Catholic religious denominations that have a cooperation agreement with the government in support of activities that promote cultural, educational, and social integration. It provides nonfinancial assistance to other religious groups registered with the government to increase public awareness. The foundation also promotes dialogue and rapprochement among religious groups and the integration of religion in society. It works closely with the Ministry of the Presidency’s Office of Religious Affairs.

The government funds religious services within the prison system for Catholic and Muslim groups. Examples of religious services include Sunday Catholic Mass, Catholic confession, and Friday Islamic prayer. The cooperation agreements of FCJE and FEREDE with the government do not include this provision; these groups provide religious services in prisons but at their own expense. Other religious groups registered as religious entities with the Ministry of the Presidency may provide services at their own expense during visiting hours upon the request of prisoners.

The government guarantees religious workers of groups with cooperation agreements with the state access to centers for asylum seekers and refugees so that these groups may provide direct assistance, at their expense, to their followers in the centers. Religious workers from groups without a cooperation agreement with the government may enter the internment centers upon request to the Ministry of the Presidency.

Military rules and cooperation agreements with the government allow religious military funerals and chaplain services for Catholics, Protestants, Jews, and Muslims, should the family of the deceased request it. Other religious groups may conduct religious funerals upon request.

The government recognizes marriages performed by all religious communities with notorio arraigo status. Members of religious groups without this status must be married in a civil ceremony.

The regions of Madrid and Catalonia maintain agreements with several religious groups that have accords with the national government. These regional agreements permit activities such as providing religious assistance in hospitals and prisons under regional jurisdiction. The central government funds these services for prisons and the military, and the regional governments fund hospital services. According to the central government, these subnational agreements may not contradict the principles of the federal agreements, which take precedence.

Religious groups must apply to local governments for a license to open a place of worship, as with other establishments intended for public use. Requirements for licenses vary from municipality to municipality. Documentation required is usually the same as for other business establishments seeking to open a venue for public use and includes information such as architectural plans and maximum capacity. Religious groups must also inform the Ministry of the Presidency after opening new places of worship.

Local governments are obligated to consider requests for use of public land to open a place of worship. If a municipality decides to deny such a request after weighing factors such as availability and value added to the community, the city council must explain its decision to the requesting party.

As outlined in the cooperation agreements with religious groups, the government provides funding for salaries for teachers of Catholic and, when at least 10 students request it, Protestant and Islamic religious education classes in public schools. The Jewish community is also eligible for government funding for Jewish instructors but has declined it. The courses are not mandatory. Those students who elect not to take religious education courses are required to take an alternative course covering general social, cultural, and religious themes. The development of curricula and the financing of teachers for religious education is the responsibility of the regional governments, with the exception of Andalusia, Aragon, the Canary Islands, Cantabria, and the two autonomous cities of Ceuta and Melilla, which leave the curricula and financing of education to the national government in accordance with their respective regional statutes.

Autonomous regions generally have the authority to develop the requirements for religious education instructors and certify their credentials, although some choose to defer to the national government. For example, prospective instructors must provide personal data, proof that the educational authority of the region where they are applying to work has never dismissed them, a degree as required by the region, and any other requirement as stipulated by the religious association to which they correspond. The religious associations are required to provide a list of approved instructors to the government. Ministry of Education-approved CIE guidelines stress “moderate Islam” in worship practices, with emphasis on pluralism, understanding, religious tolerance, conflict resolution, and coexistence. CIE also requires instructors to have a certificate of training in Islamic education. Private religiously based schools, whether or not they receive public funds, must comply with governmental education regulations. Private religiously based schools that do not receive public funds must additionally obtain authorization to function from regional educational authorities.

Catholic and Jewish clergy may include time spent on missions abroad in calculations for social security and may claim retirement pension credit for a maximum of 38.5 years of service. Protestant clergy are eligible to receive social security benefits, including health insurance and a government-provided retirement pension with a maximum credit of 15 years of service, but pension eligibility requirements for these clergy are stricter than for Catholic clergy. Muslim, Orthodox, and Jehovah’s Witnesses clergy are also eligible for social security benefits under the terms of separate social security agreements each of these groups negotiated with the state.

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

Government Practices

On July 16, Amnesty International called on the government to reform the part of the penal code that criminalizes offending “religious sentiments,” which it stated unduly restricted freedom of expression. There were several cases brought to court for crimes against religious sentiments during the year.

In June, the Spanish Association of Christian Lawyers was joined by eight other plaintiffs (the Catholic Bishops’ Conference of Spain, the European Center for Law and Justice, the Polish government, the Catholic Bishops’ Conference of Slovakia, and five other Christian organizations) in filing a brief to the European Court of Human Rights stating the government had infringed Christians’ religious freedom for failing to protect against hate speech and for providing public funding to an art exhibit that offended religious sentiments. The case was related to the Spanish Association of Christian Lawyers’ lawsuit for offenses against religious sentiments against artist Abel Azcona, whose 2015 photography exhibition featured the word “pederasty” formed by consecrated communion wafers. The European Court of Human Rights agreed to hear the complaint in October 2019 after a regional court in Pamplona had declined to hear the case and the national Constitutional Court declared it inadmissible.

In October, the Supreme Court agreed to hear a complaint filed by the Spanish Association of Christian Lawyers against Minister of the Interior Fernando Grande-Marlaska that accused security forces under the Minister’s purview of entering churches and interrupting religious celebrations in various incidents throughout the country during the period of confinement enacted during the March 14-June 20 COVID-19-related state of alarm, although the churches were following COVID-19-mandated capacity and health requirements outlined by the government. In April, the OLRC sent a letter to Grande-Marlaska expressing concerns regarding the suspensions or interruptions of religious celebrations during Lent and Holy Week in various instances throughout the country. The OLRC said the actions threatened religious freedom and requested an explanation from the government.

Representatives from FEREDE expressed concern regarding capacity and other restrictions on churches and said the government had failed to provide sufficient explanation for measures taken. For example, the government restricted singing in churches, which FEREDE representatives described as an important part of worship for Protestants.

On March 4, the grandchildren of former dictator Francisco Franco presented a complaint against the government in the European Court of Human Rights related to the government’s October 2019 exhumation of Franco’s remains from the Valley of the Fallen Basilica and reburial in a cemetery north of Madrid, despite the insistence of Franco’s family that the remains be interred in a cathedral, not in a cemetery. Franco’s heirs stated the exhumation and the Supreme Court ruling that allowed it infringed on the right to “family and private life,” the prohibition against discrimination, and the right to a fair trial. The OLRC previously said it did not consider removing Franco’s remains from the Valley of the Fallen as an attack on religious freedom. At year’s end, the European Court of Human Rights had not determined whether it would hear the case.

On January 12, the central government announced in an official state bulletin as part of the formation of the new government under President Pedro Sanchez that it was transferring responsibility for religious freedom issues and registration of religious groups from the Ministry of Justice to the Ministry of the Presidency under Vice President Carmen Calvo. The reorganization moved the Office of Religious Affairs and the Pluralism and Coexistence Foundation to the Ministry of the Presidency. Representatives from both organizations said the move reflected the cross-cutting nature of their work and said that registered religious groups were pleased with the move. Several of the religious groups and organizations promoting religious freedom expressed varying degrees of positive views of the move to the Ministry of the Presidency, noting that it gave religious issues increased prominence.

In her new role overseeing religious issues, Vice President Calvo agreed to meet with all religious groups with notorio arraigo status in the country. On June 24, Calvo met with the president of the Episcopal Conference of Spain, Cardinal and Archbishop of Barcelona Juan Jose Omella. On July 22, Calvo met with representatives from CIE, FCJE, and FEREDE, the three religious minority groups with cooperation agreements with the government. On July 23, Calvo met with representatives from UBE-FEBE, Jehovah’s Witnesses, and the Church of Jesus Christ, three of the religious groups with notorio arraigo status but without cooperation agreements. On December 15, Calvo met with leadership from the Greek, Romanian, and Russian Orthodox Churches, the remaining group with notorio arraigo status. According to the Office of Religious Affairs, this was the first time groups with notorio arraigo status, but without cooperation agreements, had met with a government official at this level. The Community of the Baha’i in Spain, which has been working to meet the requirements for notorio arraigo status since 2010, did not participate. The Office of Religious Affairs also said the Vice President had started technical discussions with the Catholic Church to resolve certain unreported outstanding issues and planned to launch similar discussions with each religious group with notorio arraigo status.

Several religious groups, including Protestants and Jews, expressed appreciation that King Felipe VI hosted a secular July 16 memorial service for the 30,000 Spaniards that lost their lives to the COVID-19 pandemic until that point. In the past, groups said, these types of events were often religious, specifically Catholic, in nature.

Non-Catholic religious groups described what they said was unequal legal treatment by the government, which several groups said they raised with Vice President Calvo. FEREDE representatives said that despite a 2017 Supreme Court ruling making government pension-eligibility requirements for Protestant clergy the same as those for Catholic priests, no Protestant clergy had yet begun receiving a government pension because the ruling was not retroactive. The government did not issue a royal decree, per FEREDE’s request, to allow retired Protestant clergy to collect pensions based on their time in service prior to 1999 and to allow survivor benefits for spouses and children of clergy.

The Catholic Church remained the only religious entity to which persons could voluntarily allocate 0.7 percent of their taxes. Other religious groups were not listed on the tax form as potential recipients of funds. Several religious groups, including Protestants, Muslims, Buddhists, and the Church of Jesus Christ, continued to express their desire to have their groups included on the tax form, and several groups described the system as legally discriminatory. They said they would rather receive voluntary contributions from taxpayers without preconditions rather than rely on funding from the Pluralism and Coexistence Foundation, which has specific conditions for use of its funds. One in three Spaniards elected to allocate some of their taxes to the Catholic Church in 2019, yielding 286 million euros ($350.92 million), a 6.19 percent increase in donations compared with 2018, according to press.

FEREDE, CIE, and FCJE relied on government funds provided through the Pluralism and Coexistence Foundation to cover their administrative and infrastructure costs. The Ministry of the Presidency continued to allocate funding to different groups according to the number of registered entities and the approximate number of adherents. In addition to infrastructure and administrative funding, the Pluralism and Coexistence Foundation funds also covered small publicity projects and research projects. Several religious groups reported financial challenges due to COVID-19. Many of their members were unable to make the same levels of charitable donations as in previous years. FEREDE requested government unemployment benefits for its pastors but said it did not receive a response. FEREDE representatives said the lack of financial support for its pastors highlighted the unequal treatment of Protestant and Catholic clergy, with the former’s salaries paid by Protestant churches and the latter’s paid by the government.

FEREDE described additional measures that it said constituted unequal treatment, including public financing supporting visits by Catholic clergy to provide religious services in hospitals, military installations, and prisons, but Protestant clergy having to pay for their own visits. CIE also expressed concern that imams could not receive state financing to attend to the faithful in hospitals.

Several religious groups cited continuing obstacles to providing religious education and the integration of teachers of religion in schools. FEREDE reported it was still awaiting official approval to establish a certified master’s degree program in evangelical religious education two years after reaching an agreement with the government.

Islamic studies courses began in the Balearic Islands and Catalonia for the first time in 10 and eight schools, respectively, for the 2020-21 academic year. In September, CIE met with the regional Ministry of Education of Rioja, which pledged to increase the number of schools that teach Islamic studies. In February, CIE partnered with the Ceuta Ministry of Culture and the Cervantes Institute to launch Spanish language classes for imams in the North African enclave to enable the imams to conduct bilingual sermons for Spanish-speaking Muslims. In November 2019, the CIE expressed concern that there were no Islamic studies classes in schools in six regions – Asturias, Cantabria, Catalonia, Galicia, Murcia, and Navarre. CIE said this was sometimes due to decisions by local authorities or a lack of demand.

There were no Jewish religious education classes in public schools because schools lacked the 10 interested students required to request them, according to FCJE. FCJE officials said they did not consider the lack of Jewish education classes to be problematic because of the availability of private religious instruction for the Jewish community. FCJE reported schools were usually unaware of Jewish holidays as provided in the accord between FCJE and the state. In 2018, the Church of Jesus Christ proposed the right of religious education in public schools be extended to all religious groups with notorio arraigo status, not just to groups with agreements with the state. At year’s end, the government had not agreed to the request. Jehovah’s Witnesses representatives said they chose not to seek their own religious instruction in schools, since they believed that religious training was the responsibility of the individual.

Holocaust education in secondary school curricula continued in accordance with a Ministry of Education mandate contained in two royal decrees. The subject was included in a fourth-year compulsory geography and history class and a first-year contemporary world history class. A 2017 agreement between the FCJE and the Ministry of Education to train teachers on the Holocaust, Judaism, and anti-Semitism remained in force, and the Sefarad-Israel Center took responsibility for its implementation.

In September, a school in Vallecas told several families their children must attend a Catholic religious studies class instead of the alternative social and civic values course the families selected. The school said the schedule modifications were required in order to maintain students in socially distant groups necessitated by the COVID-19 pandemic. The families complained to the school administration that the decision violated their right to not to enroll their children in a religious studies class, as allowed by law.

On October 21, Santiago Abascal, a member of Congress and leader of the opposition party Vox, stated in Congress during his censure motion against the government that Islam was a “danger” to European civilizations, saying, “Jihadism continues to decapitate people to the cry of ‘Allah is great.” Abascal also said Catalonia was “closer to the horror” faced by other European countries because of Islam and predicted that “if the renegades succeed in breaking Spain,” they would “create a Catalan Islamic republic.”

The Valencia regional government anti-COVID-19 campaign originally compared the fight against the virus to King James I’s conquest of Valencia against Muslim forces in 1238. Various political parties condemned the comparison, and the regional government removed the language on October 9. Valencian President Ximo Puig apologized for what he called “inappropriate” messaging.

Purported audio recordings of Juan Sergio Redondo, member of Congress and Vox leader in Ceuta, that were released in July included disparaging language and derogatory names for Muslims. Redondo also allegedly called the city’s president an expletive for promoting “the role of multiculturalism” in hosting public events for Hindus. Vox released a statement denying Redondo had “ever made a public statement against Hindus” and saying he had “always shown profound respect and consideration for the Hindu community.”

On July 21, Silvia Orriols, Ripoll city councilor and former president of the National Front for Catalonia party, was charged with a hate crime for comments she made in a January plenary session opposing the opening of a new mosque and accusing the Annour Association, which manages the mosque, of “consenting to religious fanaticism” and “discriminatory segregation by sex.”

In May, the Calafell city council agreed unanimously to file a court case for hate crimes and crimes against religious sentiments against city councilor Javier Alvarez. Alvarez, who was suspended from the Ciudadanos party in April, posted expletives on his social media account about “those who pray to Allah.” The Ciudadanos spokesperson in Calafell contacted imams of local mosques to apologize and publicly condemned Alvarez’s words.

Popular Party Senator Rafael Hernando on April 27 posted on his social media account a video purporting to show Muslims staging a protest in the streets in contravention of the government-decreed confinement due to the state of alarm. In his post he wrote, “So if you are Catholic you cannot go to church and Holy Week is prohibited…but if you are Muslim you go out to streets for a demonstration staying closely together, without masks or gloves.” The video was determined to be from 2018. Hernando removed the post after several media outlets reported the senator had spread an unfounded rumor against Muslims.

In February, the group Movement for Dignity and Citizenship requested that the provincial court in Ceuta keep open a hate crimes case against several members of the Vox party for leaked messages from a group social media chat described as “xenophobic, Islamophobic, and racist.” The purported group chat – in which member of Congress Juan Sergio Redondo, local assembly spokesperson Carlos Verdejo, and city council members Francisco Ruiz and Ana Belen Cifuentes took part – included references to the “Islamicization of Ceuta” and the “Palestinianization of the territory,” and referred to Muslims as “Moors.” The accused individuals stated the chat had been manipulated.

The Ministry of Justice continued processing applications under the law that provided descendants of Sephardic Jews expelled from the country 500 years ago the right of return as full Spanish citizens as long as the applications were submitted before the law’s expiration in September 2019. Since 2015, the government received 132,226 petitions, with 72,000 new cases in the final month of applications. The Ministry of Justice processed cases from more than 60 countries, with Venezuelans representing the largest block of applicants.

In August, the Military Chamber of the Supreme Court overturned a Central Military Court decision that sanctioned and revoked the salary of a Muslim noncommissioned officer who accused his commanders of discrimination and not promoting him. The officer stated that he experienced hostile and cynical treatment and that official briefs were submitted maintaining he was unfit for promotion because he is Muslim.

King Felipe VI in January represented Spain at a memorial event in Jerusalem commemorating the victims of the Holocaust on the 75th anniversary of the liberation of Auschwitz. The King, who holds the honorary title of King of Jerusalem, stated “There is no room for indifference in the presence of racism, xenophobia, hate speech, and anti-Semitism.” President of the Senate Pilar Llop hosted the official International Holocaust Remembrance Day ceremony on January 27, which was attended by Vice President Calvo, Minister of Education Isabel Celaa, deputies and senators, members of the diplomatic corps, members of the Jewish community, and others. Then-FCJE President Isaac Querub and Holocaust survivor Ita Bartuv delivered remarks. On May 5, Vice President Calvo presided over a ceremony honoring the Spaniards deported and killed in Mauthausen and other Nazi concentration camps, and the Council of Ministers approved an institutional declaration of their “ethical and democratic legacy.”

Following a July 20 meeting with the FCJE, Vice President Calvo announced on July 22 that the government reaffirmed the country’s 2016 vote to adopt the International Holocaust Remembrance Alliance (IHRA) working definition of anti-Semitism agreed under the previous government. In a separate action, the parliament of the Balearic Islands voted in June to adopt the IHRA working definition of anti-Semitism. In September, Foreign Minister Arancha Gonzalez Laya warned against anti-Semitism and totalitarianism when she participated in a Rosh Hashanah celebration at the Sefarad Center in Madrid. Gonzalez Laya closed the ceremony by emphasizing that the decision to endorse the IHRA working definition of anti-Semitism “was not taken lightly, but as a result of the commitment to fight anti-Semitism with all the forces and against totalitarianism, which are two phenomena that threaten us.”

The FCJE estimated there were very few survivors of the Holocaust residing in the country and said for this reason, the government only considered property restitution on a case-by-case basis. The FCJE reported no restitution cases during the year. On August 18, the U.S. Ninth Circuit Court of Appeals upheld the ruling that the Thyssen-Bornemisza Collection Foundation in Spain was the rightful owner of the painting Rue Saint-Honore by Camille Pizarro. The family of Lilly Cassirer, a Jewish woman who fled Germany in 1939, had filed a court case in the United States, stating the painting was seized by Nazi officials in 1939 and incorporated into the Thyssen Museum’s collection in 1993 following a 1976 private purchase by the museum’s benefactor. A judge in April 2019 ruled that the Thyssen Museum was the lawful owner of the painting because under Spanish law, buyers retain works purchased if they do not possess “actual knowledge” that the works had been stolen. The family appealed that ruling.

Courts continued to rule against municipal and provincial government resolutions supporting the Boycott, Divestment, and Sanctions (BDS) movement against Israel. Such resolutions usually entailed a nonbinding declaration calling on the central government to “support any initiative promoted by the international BDS campaign” and to “suspend relations with Israel until that country stops its criminal and repressive policies against the Palestinian population.” Some pro-BDS-movement legislation also contained language in support of a “space free of Israeli apartheid.” On February 20, the Madrid assembly approved an institutional declaration condemning “any display of discrimination, incitement to hatred or violence, and other forms of racism and xenophobia against Jews.” Catalonia’s regional parliament passed a similar measure in January, and it approved a resolution specifically condemning BDS on October 15. On September 3, a judge in Santander annulled the proclamations of the municipalities of Torrelavega and Cabezon de la Sal as “spaces free of Israeli apartheid,” approved in those municipalities in 2017 and 2016, respectively. The judge ruled that the declarations were not generic and included programmatic agreements and that they “exceeded a mere declaration of principles and the specific local problems of the neighbors, which means assuming international powers that the City Council lacks.”

The Pluralism and Coexistence Foundation conducted several outreach campaigns, including hosting virtual events, aimed at promoting a better understanding of different religions and respect for religious freedom. It continued working with religious groups in three working groups on the opening and operation of places of worship, the impact of religious education, and the effects of discrimination and limits to religious freedom in the workplace. During the year, it provided FEREDE with 462,800 euros ($568,000), CIE with 330,000 euros ($405,000), and FCJE with 169,405 euros ($208,000). The Ministry of the Presidency’s Office of Religious Affairs maintained an online portal for information to aid new immigrants or citizens moving into a community to find his or her locally registered religious community and place of worship. The Ministry of the Interior’s Office on Hate Crimes provided assistance to victims of religiously motivated hate crimes and training for law enforcement.

Several regional and municipal government offices conducted outreach to promote religious diversity. For example, the Catalan regional government’s Department of Religious Affairs provided guidance and financial support to religious communities and disseminated information promoting religious diversity. The Barcelona city council’s Office for Religious Affairs and Office for Non-Discrimination supported various religious groups by facilitating and promoting religious celebrations, providing grants for their projects, and organizing roundtables to discuss the status of religious freedom in the city. The municipal government also led workshops and training events on the fight against anti-Muslim sentiment for municipal employees, as well as for teachers, law enforcement agents, and human rights organizations.

The government is a member of the IHRA.

Sri Lanka

Section II. Status of Government Respect for Religious Freedom

Legal Framework

According to the constitution, every person is “entitled to freedom of thought, conscience, and religion,” including the freedom to choose a religion. The constitution gives citizens the right to manifest their religion or belief in worship, observance, practice, or teaching, both in public and in private. The constitution accords Buddhism the “foremost place” among the country’s religious faiths and requires the government to protect it, although it does not recognize it as the state religion. According to a 2003 Supreme Court ruling, the state is constitutionally required to protect only Buddhism, and other religions do not have the same right to state protection. The same ruling also holds that no fundamental right to proselytize exists or is protected under the constitution. In 2017, the Supreme Court determined the right to propagate one’s religion is not protected by the constitution.

The law recognizes four religions: Buddhism, Islam, Hinduism, and Christianity. There is no registration requirement for central religious bodies of these four groups. New religious groups, including groups affiliated with the four recognized religions, must register with the government to obtain approval to construct new places of worship, sponsor religious worker (missionary) visas/immigration permits, operate schools, and apply for subsidies for religious education. Religious organizations may also seek incorporation by an act of parliament, which requires a simple majority and affords religious groups state recognition.

The government adheres to a 2008 ministerial circular, introduced by the Ministry of Buddha Sasana, Religious, and Cultural Affairs (Ministry of Buddha Sasana), the cabinet ministry responsible for oversight of what the constitution describes as the country’s foremost religion, Theravada Buddhism, requiring all groups, regardless of their religion, to receive permission from the ministry to register and construct new places of worship. A 2017 Supreme Court ruling upholds the registration requirements. In 2018, the Ministry of Buddha Sasana ruled that the 2008 circular on registration and construction of religious facilities only applied to Buddhist religious sites.

Starting in 2020, specific noncabinet departments under the Ministry of Buddha Sasana are responsible for addressing the concerns of each major religious community. The Prime Minister heads this ministry. Previously, individual cabinet ministries handled religious affairs with each of the four recognized religions.

Religion is a compulsory subject at the primary and secondary levels in public and private schools. Parents may elect to have their children study Buddhism, Islam, Hinduism, or Christianity, provided enough demand (at least 15 students) exists within the school for the chosen subject. Students may not opt out of religious instruction even if instruction in their religion of choice is not available, or if they do not choose any religion. All schools teaching the Sri Lankan Ordinary Level syllabus, including private schools founded by religious organizations, must use the Ministry of Education curriculum on religion, which covers the four main religions and is compulsory for the General Certificate Education Ordinary Level exams (equivalent to U.S. grade 10). International schools not following the Sri Lankan Ordinary Level syllabus are not required to teach religious studies.

Matters related to family law, including divorce, child custody, and property inheritance, are adjudicated either under customary law of the ethnic or religious group in question or under the country’s civil law. According to the 1951 Muslim Marriage and Divorce Act, Islamic personal law governs marriages and divorces of Muslims, while civil law applies to most property rights. In the Northern Province, civil law governs marriages, while the Thesawalamai (Tamil customary law) often governs the division of property. For some Sinhalese, Kandyan personal law (based on the traditions of the Sinhalese Kandyan kingdom that proceeded British colonial rule) governs civil matters, such as inheritance issues, and works within the caste system. Civil law governs most marriages of Sinhalese and Tamils of various religions, including mixed marriages or those of individuals who state no religious affiliation. Religious community members report practices vary by region, and numerous exceptions exist.

The Muslim Marriage and Divorce Act of 1951 does not stipulate a minimum age for marriage, permitting Islamic religious court judges to allow children as young as 12 to be married. Written consent from the bride is not required. The religious marriage ceremony and marriage registration do not have to take place concurrently, which can complicate divorce and child support cases.

There is no national law regulating ritual animal sacrifice, but there are laws prohibiting animal cruelty that are used to prevent religious ceremonies involving animal sacrifice.

The country is a party to the International Covenant on Civil and Political Rights (ICCPR). The country’s ICCPR Act, which is designed to incorporate the international covenant into domestic law, criminalizes propagating or advocating religious or racial hatred. Punishment ranges from fines to up to 10 years’ imprisonment.

Government Practices

In his February 24 report to the UN Human Rights Council, UN Special Rapporteur on Freedom of Religion or Belief Shaheed said that during his 2019 visit to Sri Lanka, he observed that “significant gaps exist, particularly in upholding accountability and access to justice as well as ensuring non-recurrence of human rights violations.” He said that, despite Sri Lanka’s civil war ending over a decade ago, “Reverberations of the ethnic conflict remain apparent in the political, social and economic life of the country and impact the enjoyment of human rights, including the right to freedom of religion or belief.” Shaheed stated that religious minorities also faced restrictions in the manifestation of their religion or belief, such as proselytization, conversion, and building of places of worship in addition to numerous incidents of violent attacks. He noted the importance of analyzing and identifying the root causes of religious intolerance and tensions that lead to violations of freedom of religion or belief to better address these challenges.

NCEASL said evangelical Christian groups continued to report that police and local government officials were complicit in the harassment of religious minorities and their places of worship. Christian groups said officials and police often sided with the religious majority. NCEASL said police often attempted to coerce Christians into signing statements absolving those harassing them and accused them of breaching the peace if they filed complaints about police behavior.

According to police, 2,299 individuals were arrested in the aftermath of the 2019 Easter Sunday attacks that targeted Christian churches and luxury hotels, killing 268 persons, including five U.S. citizens, and injuring more than 500. As of December, the government’s investigation continued and 135 suspects remained in custody, including three men charged by the United States with providing material support to a designated foreign terrorist organization (ISIS). Hejaaz Hizbullah, a Muslim lawyer, was arrested in April under the Prevention of Terrorism Act. The government publicly stated that Hizbullah was arrested because of his interactions with the bombers and their family, though he was never charged. He was being held without bail at year’s end. Civil society regularly engaged the international community on his behalf and NGOs and diplomatic missions called upon the government to grant Hizbullah due process under the law.

According to NCEASL, on September 17, a plainclothes officer from the Criminal Investigation Department attached to the Gampola police station visited the Foursquare Church in Nawalapitiya, Kandy District, and questioned the pastor regarding the registration status, number of congregants, and locations of all churches in the fellowship. He told the pastor that he collected details in accordance with an unspecified government circular.

According to Christian, Hindu, and Muslim civil society groups, incidents of increased monitoring often occurred in concert with harassment by local Buddhist monks and Buddhist nationalist organizations.

According to members of Christian groups, local authorities sometimes demanded their groups stop worship activities or relocate their places of worship outside the local jurisdiction, ostensibly to maintain community peace. Local police and government officials reportedly continued to cite a government circular, revoked by the Ministry of Buddha Sasana in 2012, requiring places of worship to obtain approval to conduct religious activities. Police also reportedly cited a 2008 circular on the construction of religious facilities when they prohibited, impeded, or closed Christian and Muslim services and places of worship. According to some legal experts, however, there was no explicit basis in national law for such a requirement.

According to NCEASL, on January 18, a mob of approximately 150 individuals arrived at the King of Kings Gospel Church in Kalawanchikudy and demanded that the pastor stop conducting his religious worship activities in the village and close the church. The mob included members of the local government and a Hindu priest. The pastor went to the Kalwanchikudy Police Station on January 25 for an inquiry, where the senior officer there spoke in favor of the pastor, defending his religious rights and reiterating his freedom to conduct his religious activities. The senior officer further warned the others against harassing the pastor and said that he would place them all under arrest if they continued to cause trouble in the future.

On February 10, according to NCEASL, the pastor and nine congregants of Good Shepherd Church at Sri Nissankamallapura met with local police, government officials and 12 Buddhist monks. The government officials and the monks demanded that the pastor stop religious activities immediately, reportedly saying Christians would not be tolerated in the village. The pastor refused and challenged them to take legal action. On February 16, a group led by a Buddhist monk went to the church and admonished the pastor for not stopping his religious activities as instructed. At the pastor’s request, local police personnel provided protection to the church. When the pastor went to lodge a complaint against the monks, however, a police headquarters inspector instructed him to sign a statement affirming that he had breached the peace. When the pastor refused, the inspector threatened to place him under arrest. Police accused the pastor of disturbing the peace. His case was taken before the Manampitiya Magistrates Court on February 17 and postponed until March 16. The magistrate ordered the pastor not to invite anyone to participate in religious activities at his premises for one month and imposed a bail bond of 500,000 rupees ($2,700) if he violated the order.

Writer Shakthika Sathkumara faced a criminal hearing on September 22 for charges stemming from his 2019 publication of a short story that a group of Buddhist monks said offended Buddhism. The story referred to homosexuality and child abuse at a Buddhist temple. The monks filed charges against Sathkumara under the ICCPR Act, accusing him of propagating religious hatred. He was detained four months, released in August 2019, and filed a fundamental rights petition in October 2019 challenging the constitutionality of his arrest. At his September hearing, the court postponed his case to February 2021, pending the Attorney General’s instructions on whether to file indictments.

According to Amnesty International, on April 9, police arrested Ramzy Razeek for violating the ICCPR Act by inciting religious hatred. The charge was based on his April 2 Facebook post calling for an “ideological jihad” through social and mainstream media “to help people understand the truth” in the context of rising “hate propagated against Muslims” during the COVID-19 pandemic. According to Razeek’s lawyers, in August, the Supreme Court agreed to hear his petition challenging the constitutionality of his arrest, but no date had been set for a hearing by the end of the year. On September 17, the Colombo High Court granted him bail on medical grounds.

On October 18, newspapers reported that police arrested a woman on charges of “spreading hate” between Buddhists and Catholics after she posted a video criticizing Catholic Cardinal Malcolm Ranjith of Colombo. The status of her case was unknown at year’s end.

On October 21, the Colombo High Court granted bail to BBS general secretary Galagoda Aththe Gnanasara Thero, who was charged with denigrating the religious beliefs of Muslims following statements he made in 2016 at the Kuragala Raja Maha Vihara Temple. Further proceedings of the trial, set for November 24, were postponed, and Gnanasara Thero remained free on bail at year’s end.

On August 18, the Mahiyanganaya Magistrate Court dismissed a 2019 case against a woman for wearing clothing decorated with the logo of a ship’s wheel, described as a Buddhist dharma chakra. She had been charged under the ICCPR Act for propagating religious hatred.

During the year, there were no prosecutions for the May 2019 anti-Muslim violence that led to the death of one Muslim and attacks on mosques and Muslim-owned homes and businesses. By year’s end, the government had not fully compensated owners for property damage they sustained during the violence across Northwestern Province.

According to a NCEASL report, on February 23, while a worship service was underway at Bethany Church in Tangalle, a group of approximately 100 individuals, including one Buddhist monk, forcibly entered the premises and questioned the legality of the place of worship. The group threatened the Christians, and one individual grabbed the pastor by his throat. They demanded that the Christians leave the village and never return and threw stones at the building, damaging the roof. Police arrived and insisted that the pastor and Christian congregants leave the church before dispersing the mob. The police inspector in charge said he had warned the pastor against conducting worship activities and accused him of breaching the peace. In response, the pastor said it was the mob who had breached the peace and that he had the right to conduct worship there. NCEASL said there were no arrests in this case.

Despite a public awareness campaign by the Department of Christian Religious Affairs underway since 2016 to encourage local congregations of nondenominational groups to register as religious organizations, the government had not registered any new groups by year’s end. According to some nondenominational groups, government officials threatened them with legal action if they did not register, but the process dragged on indefinitely if they tried to register. Instead, unregistered Christian groups continued to incorporate as commercial trusts, legal societies, or NGOs to engage in financial transactions, open bank accounts, and hold property. Without formal government recognition through the registration process, however, nondenominational churches said they could not sponsor religious worker visas for visiting clergy and faced restrictions on holding meetings or constructing new places of worship.

According to Christian groups, they experienced two major difficulties in complying with local officials’ registration requirements. First, rural congregations often could not obtain deeds to land due to the degradation of hard-copy Land Registry documentation and incomplete land surveys. Second, without the consent of the local community or the local Buddhist temple, local councils often opted not to approve the construction of new religious buildings. Church leaders said they repeatedly appealed to local government officials and the ministry responsible for religious affairs for assistance, with limited success.

On June 1, President Rajapaksa issued an official notification in the government gazette that created a 12-member Presidential Task Force for Archaeological Heritage Management in the Eastern Province composed exclusively of Sinhalese Buddhists and headed by Secretary of Defense Kamal Gunaratne. The task force’s mandate was to conduct archaeological site surveys in the heavily Tamil and Muslim Eastern Province, and to recommend measures to preserve religious heritage. The task force included six Buddhist monks but no representatives from other religious communities, despite the multiethnic nature of the province. On August 19, President Rajapaksa added four more monks to the task force, including two general secretaries of the Asgiriya and Malwatte chapters, the two main Buddhist sects in the nation, despite civil society and political leaders’ repeated calls for the inclusion of minority representatives.

Media reported that in June, an archeological task force surveyed 40 acres around the Muhudu Maha Viharaya in Pottuvil, Ampara District and evicted approximately 400 Muslim residents from land their families had inhabited since the colonial era. Tamil activists reported that in September, a Buddhist monk from Arisimalai, who was a member of the task force, threatened a group of Tamil farmers in the Thiriyai area in the Kuchchaveli Divisional Secretary’s Division in the Trincomalee District and prevented them from engaging in cultivation of more than 1,000 acres, including 400 acres without private deeds or government permits that had been cultivated by farmers for many decades. According to lawyers involved in the cases, by the end of the year, more than 40 Tamil and Muslim farmers had filed cases against the expulsions from their traditional lands. All cases remained pending at year’s end.

On August 20, presenting the government’s policy speech at the inaugural session of parliament, President Rajapaksa pledged to “protect and nurture the Buddha Sasana” and explained that he had established an advisory council of leading Buddhist monks to seek advice on governance. He also highlighted the Presidential Task Force for Archaeological Heritage Management, saying that it had been established to protect places of archaeological importance and to preserve the Buddhist heritage. He said that by “ensuring priority for Buddhism… the freedom of any citizen to practice the religion of his or her choice is better secured.” Tamil and Muslim activists in the Eastern Province predicted that the Task Force for Archaeological Heritage Management would use its authority to claim locations that possess ancient Buddhist relics as a pretext to force minorities off their lands.

Civil society groups and local politicians continued to state the military sometimes acted outside its official capacity and aided in the construction of Buddhist shrines in predominantly Hindu and Muslim areas, although there were few reports of this practice during the year due to movement restrictions imposed because of the COVID-19 pandemic. Reports published by various civil society groups indicated security forces involved in constructing Buddhist religious sites continued to cite archeological links in places where there were no Buddhist populations.

In January, the army completed construction of a Buddhist vihara (shrine) in Valikamam North on privately owned land occupied by the army and designated as a “high security zone” during the war. Journalists reported that residents lodged complaints with the Valikamam North divisional council regarding construction of the vihara, but the council did not have jurisdiction over military-controlled lands.

On March 8, student groups reported that a Buddhist vihara had been dedicated on Jaffna University’s Killinochchi Campus, whose student body is mostly Hindu. Students protested the rushed manner in which the vihara was constructed, in contrast with a Hindu temple and Christian church on the university grounds that had been abandoned with no renovations planned.

On July 10, newspapers reported that Buddhist monk Ellawala Medhananda, a member of the Presidential Task Force for Archaeological Heritage Management, said that up to 2,000 sites in the Eastern Province would be subject to examination, including in forests across Ampara, Batticaloa and Trincomalee. He specifically noted that if Buddhist artifacts were found at the historic Koneswaram Hindu Temple, they should be protected. Civil society groups said the effort was a Sinhala Buddhist land grab in the historically Tamil and Muslim province.

On October 9, the Vavuniya Magistrate Court granted bail to the administrators of the ancient Hindu Vedukkunari Hill Temple after local police and Archeology Department officials filed a case against them for damaging the temple, which had been declared a Buddhist archaeological site, by holding a Hindu festival there in September. At a November 6 hearing, the case was postponed until 2021. However, at the request of the lawyer representing the Archaeology Department and police, the court rescheduled the hearing to December 11. Because the temple administration was not aware of the change of date and missed the hearing, the magistrate revoked bail and issued an arrest warrant for the administrators of the temple. At year’s end, temple administrators remained at large, despite the arrest warrant.

Also in October, the mostly Hindu residents of Delft Island in Jaffna protested an effort of Jaffna-based Buddhist monks and Archaeology Department officials, who said that a Vedi Arasan fortress in Delft belonged historically to a Tamil Buddhist king. Monks also surveyed the area with the Archaeology Department using a drone camera.

According to press reports, on September 24, at the request of Buddhist monk Thilakawansa Nayaka, the Archaeology Department seized 358 acres of land between Panikkanvayal and Thennamaravadi in Trincomalee, including fields belonging to Tamil farmers. The farmers reported that Civil Defense Force guards posted at the site prevented them from cultivating their land and that monks had begun to build a Buddhist shrine at the site to prevent any alternative use for the land.

The Jehovah’s Witnesses community said it continued to have difficulty obtaining approval to build houses of worship. Local government officials cited the 2008 circular and forwarded all new Kingdom Hall construction applications to the Ministry of Buddha Sasana, Department of Christian Affairs. According to Jehovah’s Witnesses, during the year, the ministry again did not issue any approvals for building applications. Older applications, such as those submitted in 2015 to build houses of worship in Pugoda and Nattandiya, remained pending at year’s end.

During a July 24 meeting with the Buddhist Advisory Council, President Rajapaksa appointed a committee of Maha Sangha (senior Buddhist clergy) to study the Antiquities Ordinance and recommend amendments to strengthen the preservation of antiquities and national heritage. During this meeting, the Maha Sangha requested the President transfer cases relating to artifacts and historic places in the predominantly Hindu and Muslim Northern and Eastern Provinces to courts in Colombo.

On September 28, the cabinet announced it would amend national and local legislation to ban cattle slaughter, saying that such a ban would help the dairy industry and save money used to purchase imported milk powder, but by year’s end, the government had taken no action to introduce the ban for consideration by parliament.

In March, the MOH made cremation compulsory for all COVID-19 victims, thereby denying Muslims who died from the virus the Islamic tradition of burying the dead. International media reported that Muslims who had lost relatives due to COVID-19 described a traumatic rush by police and health authorities to cremate the bodies of their loved ones. Many family members said they were not provided a copy of the test results showing that their loved ones had tested positive, and that hospital officials refused their pleas to conduct second tests. Human rights activist Shreen Shahor told The Guardian, “The way (the government) is treating the Muslim community during this pandemic is clear-cut racism. The community is being forced to abandon their own dead in order to protect (others’) beliefs and traditions. There is not even a scientific justification for them being denied dignity in death.”

On April 8, four UN special rapporteurs, including the Special Rapporteur for Freedom of Religion or Belief, in addition to the Muslim Council of Sri Lanka (MCSL), wrote President Rajapaksa requesting the government reconsider its policy, in light of WHO COVID-19 guidelines that permitted either burial or cremation. The UN letter also stated that MOH guidelines were not sensitive to the religious and cultural practices of different communities. Similarly, the MCSL published a letter to the President on April 8 that highlighted WHO guidelines permitting burial. “Over 182 countries…have permitted (relatives) to bury or cremate the dead bodies of those infected with COVID-19,” MCSL stated. Also in April, the Government Medical Officers Association published a letter calling for the President to convene a panel of experts to examine the issue. On April 11, the MOH issued revised guidelines with no further explanation, reiterating that cremation was mandatory for COVID-19 victims of all faiths. In May, the two major Muslim political parties, the SLMC and the ACMC, as well as several civil society activists, filed petitions with the Supreme Court challenging the government’s COVID-19 cremation policy. By year’s end, the court had not heard the petitions to determine if the cases had standing to proceed. In a November 4 open letter, the Independent Permanent Human Rights Commission of the Organization of Islamic Cooperation expressed deep concerns about the country’s policy of mandatory cremation for COVID-19 victims.

In November, Health Minister Wanniarachchi informed parliament that the government had appointed a committee to investigate the burial issue. Media reports that month said that Prime Minister Mahinda Rajapaksa had agreed to allow Muslim burials for COVID-19-related deaths and had asked health authorities to identify appropriate areas to use. In December, however, the Supreme Court refused to hear a petition against the mandatory cremation practice, separate from the SLMC and ACMC petition, filed by 11 Muslim and Christian activists. The petitioners said the practice violated their freedom of religion and their fundamental rights under the constitution. At year’s end, the government’s policy of mandatory cremation for all COVID-19 victims remained in force.

Although religious education remained compulsory in state-funded schools, not all schools had sufficient resources to teach all four recognized religions, and according to civil society groups, some students were required to study religions other than their own. Government schools frequently experienced a shortage of teachers, sometimes requiring available teachers to teach the curriculum of a faith different from their own.

Religious schools continued to receive state funding for facilities and personnel and to fall under the purview of the central government and/or the provincial ministry of education. The National Christian Council of Sri Lanka reported several dozen cases of schools refusing students admission on religious grounds during the year, even though the law required government and private schools receiving government funding, some religiously affiliated, to accept students of all faiths.

Religious rights advocates said that across all religious groups, traditional leaders charged with adjudication of religious law were poorly or completely untrained and issued inconsistent or arbitrary judgments.

West Bank and Gaza

Section II. Status of Government Respect for Religious Freedom

Legal Framework

West Bank and Gaza Strip residents are subject to the jurisdiction of different authorities. Palestinians in the West Bank are subject to Jordanian and Mandatory statutes in effect before 1967, military ordinances enacted by the Israeli military commander in the West Bank in accordance with its authorities under international law, and in the relevant areas, PA law. Israelis living in the West Bank are subject to military ordinances enacted by the Israeli military commander and Israeli law and legislation. West Bank Palestinian population centers mostly fall into Area A, as defined by the Oslo-era agreements. The PA has formal responsibility for security in Area A, but Israeli security forces frequently conduct security operations there. The PA and Israel maintain joint security control of Area B in the West Bank. Israel retains full security control of Area C (which constitutes approximately 60 percent of the West Bank) and has designated most Area C land as either closed military zones or settlement zoning areas.

Palestinians living in the portion of the occupied West Bank designated as Area C in the Oslo II Accord are subject to military ordinances enacted by the military commander. Palestinians who live in Area B fall under PA civil and criminal law, while Israel retains the overriding responsibility for security. Although per the Oslo II Accord, only PA civil and security law applies to Palestinians living in Area A of the West Bank, Israel applies military ordinances enacted by its military commander whenever the Israeli military enters Area A as part of its overriding responsibility for security. The city of Hebron in the West Bank – an important city for Jews, Muslims, and Christians as the site of the Ibrahimi Mosque/Tomb of the Patriarchs – is divided into two separate areas: area H1 under PA control and area H2, where approximately 800 Israeli settlers live and where internal security, public order, and civil authorities relating to Israelis and their property are under Israeli military control.

The Oslo Accords stipulate that protection of 12 listed Jewish holy sites and visitors in Area A is the responsibility of Palestinian police and created a joint security coordination mechanism to ensure “free, unimpeded and secure access to the relevant Jewish holy site” and “the peaceful use of such site, to prevent any potential instances of disorder and to respond to any incident.” Both sides agreed to “respect and protect the listed below religious rights of Jews, Christians, Muslims and Samaritans” including “protection of the Holy Sites; free access to the Holy Sites; and freedom of worship and practice.”

Israeli government regulations recognize 16 sites as holy places for Jews, while various other budgetary and governmental authorities recognize an additional 160 places as holy for Jews.

The Israeli Supreme Court has repeatedly ruled since 1993 that Jews have the right to pray on the Haram al-Sharif/Temple Mount, but police may restrict this right in the name of public order and safety. The court reiterated in 2019 that its precedent on this issue is nonintervention in government decisions, “except in highly unusual cases when the decision constitutes a major distortion of justice or is extremely unreasonable.” The court upheld this position again in a decision on May 19.

The Israeli “Nakba Law” prohibits institutions that receive Israeli government funding from engaging in commemoration of the Nakba, or “catastrophe,” the term used by Palestinians to refer to the displacement of Palestinians during Israel’s 1948 War of Independence. Activities forbidden by the law include rejection of the existence of Israel as a “Jewish and democratic state” or commemorating “Israel’s Independence Day or the day on which the State was established as a day of mourning.”

In 2007, Hamas staged a violent takeover of PA government installations in the Gaza Strip and has since maintained a de facto government in the territory, although the area nominally falls under PA jurisdiction.

An interim Basic Law applies in the areas under PA jurisdiction. The Basic Law states Islam is the official religion but calls for respect of “all other divine religions.” It provides for freedom of belief, worship, and the performance of religious rites unless they violate public order or morality. It criminalizes the publishing of writings, pictures, drawings, or symbols of anything that insults the religious feelings or beliefs of other persons. The Basic Law also proscribes discrimination based on religion and stipulates all citizens are equal before the law. The law states the principles of sharia shall be the main sources of legislation. It contains language adopted from the pre-1967 criminal code of Jordanian rule that criminalizes “defaming religion,” with a maximum penalty of life in prison. Since 2007, the elected Palestinian Legislative Council, controlled by Hamas, has not convened. The Palestinian Constitutional Court dissolved the Palestinian Legislative Council in December 2018 and called for new elections. The President of the PA promulgates executive decrees that have legal authority.

There is no specified process by which religious organizations gain official recognition; each religious group must negotiate its own bilateral relationship with the PA. The PA observes 19th century status quo arrangements reached with Ottoman authorities, which recognize the presence and rights of the Greek Orthodox, Roman Catholic, Armenian Orthodox, Syrian Catholic, Coptic Orthodox, Ethiopian Orthodox, Melkite Greek Catholic, Maronite, Syrian Orthodox, and Armenian Catholic Churches. The PA also observes subsequent agreements that recognize the rights of the Episcopal (Anglican) Church, Evangelical Lutheran Church, and the Council of Local Evangelical Churches (a coalition of evangelical Protestant churches present in the West Bank and Gaza). The PA recognizes the legal authority of these religious groups to adjudicate personal status matters, such as marriage, divorce, and inheritance. Recognized religious groups may establish ecclesiastical courts to issue legally binding rulings on personal status and some property matters for members of their religious communities. The PA Ministry of Religious Affairs is administratively responsible for these family law issues.

Islamic or Christian religious courts handle legal matters relating to personal status, including inheritance, marriage, dowry, divorce, and child support. For Muslims, sharia determines personal status law, while various ecclesiastical courts rule on personal status matters for Christians. By law, members of one religious group may submit a personal status dispute to a different religious group for adjudication if the disputants agree it is appropriate to do so.

The PA maintains some unwritten understandings with churches that are not officially recognized, based on the basic principles of the status quo agreements, including with the Assemblies of God, Nazarene Church, and some evangelical Christian churches, which may operate freely. Some of these groups may perform some official functions, such as issuing marriage licenses. Churches not recognized by the PA generally must obtain special one-time permission from the PA to perform marriages or adjudicate personal status matters if these groups want the actions to be recognized by and registered with the PA. These churches may not proselytize.

By law, the PA provides financial support to Islamic institutions and places of worship. A PA religious committee also provides some financial support for Christian cultural activities.

The Israeli government provides separate public schools for Jewish and Arab children with instruction conducted in Hebrew and Arabic, respectively. For Jewish children, there are separate public schools available for religious and secular families. Individual families may choose a public school system for their children regardless of ethnicity or religious observance. Minor children have the right to choose a public secular school instead of a religious school regardless of parental preference. By law, Israel provides the equivalent of public school funding to two systems of “recognized but not official” (a form of semiprivate) ultra-Orthodox religious schools affiliated with ultra-Orthodox political parties, the United Torah Judaism-affiliated Independent Education System and the Shas-affiliated Fountain of Torah Education System. Churches, however, receive only partial government funding to operate “recognized but not official” schools. Palestinian residents in Jerusalem may send their children to one of these church schools or a private school operated by the Jerusalem Islamic Waqf; both include religious instruction. Some Israeli-funded public schools in Jerusalem use the PA curriculum.

Religious education is part of the curriculum for students in grades one through six in public schools the PA operates as well as some Palestinian schools in Jerusalem that use the PA curriculum. There are separate courses on religion for Muslims and Christians. Students may choose which class to take but may not opt out of religion courses. Recognized churches operate private schools in the West Bank, which include religious instruction. Private Islamic schools also operate in the West Bank.

Palestinian law provides that in the defunct Palestinian Legislative Council, six seats be allocated to Christian candidates, who also have the right to contest other seats. There are no seats reserved for members of any other religious group. A 2017 presidential decree requires that Christians head nine municipal councils in the West Bank (including Ramallah, Bethlehem, Birzeit, and Beit Jala) and establishes a Christian quota for the same, plus one additional municipal council.

PA land laws prohibit Palestinians from selling Palestinian-owned lands to “any man or judicial body corporation of Israeli citizenship, living in Israel or acting on its behalf.” While Israeli law does not authorize the Israel Land Authority, which administers the 93 percent of Israeli land in the public domain, to lease land to foreigners, in practice, foreigners have been allowed to lease if they could show they qualify as Jewish under the Law of Return.

Although the PA removed the religious affiliation category from Palestinian identity cards issued in 2014, older identity cards continue to circulate, listing the holder as either Muslim or Christian.

The Israeli Law of Citizenship and Entry, renewed annually, prohibits residence status for non-Jewish Iranians, Iraqis, Syrians, Lebanese, and Palestinians from the West Bank or Gaza, including those who are spouses of Israeli residents or citizens, unless the Ministry of Interior makes a special determination, usually on humanitarian grounds.

The Jordanian Waqf administers Islamic courts in Jerusalem for Muslim residents, with the Ministry of Awqaf and Islamic Affairs in Jordan having appellate authority.

There is no Israeli legal requirement regarding personal observance or nonobservance of the Jewish Sabbath (Shabbat) from sunset on Fridays until sunset on Saturdays and on Jewish holidays. The law, however, declares in the context of labor rights that Shabbat and Jewish holidays are national days of rest, while permitting non-Jewish workers alternate days of rest. The law criminalizes (up to one month imprisonment) employers who open their businesses and employ Jews on Shabbat, except those who are self-employed. There are exceptions for essential infrastructure and the hospitality, culture, and recreation industries. The law instructs the Israeli Minister of Labor and Welfare to take into account “Israel’s tradition,” among other factors, when considering whether to approve permits to work on Shabbat. The law prohibits discrimination against workers who refuse to work on their day of rest, based on their religion and regardless of whether they are religiously observant.

Israeli law states public transportation operated and funded by the national government may not operate on Shabbat, with exceptions for vehicles bringing passengers to hospitals, remote localities, and non-Jewish localities and for vehicles essential to public security or maintaining public transportation services.

Government Practices

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

According to the Jerusalem Post, on December 4, Israeli security forces arrested Muayad al-Alfi in Nablus on suspicion of aiding in the 2009 killing of Rabbi Meir Chai near the settlement of Shavei Shomron.

On May 31, the Times of Israel reported that Israeli military prosecutors had charged Salah Hammad, a Palestinian security officer, with the killing of Ben-Joseph Livnat, an Israeli, and the injuring of three others in 2011 when he and two other officers opened fire on the Israelis’ car after the men had visited Joseph’s Tomb in Nablus without permission. Israeli military courts previously found other members of the Palestinian patrol guilty and sentenced them to prison terms.

On May 18, a court in Lod found Israeli Jewish settler Amiram Ben Uliel guilty of murder, attempted murder, arson, and “conspiracy to commit a crime motivated by racism” in the 2015 deaths of a Palestinian couple, Saad and Riham Dawabshe, and their 18-month-old son Ali in an arson attack. The prosecution said Ben-Uliel had spray-painted the words “revenge” and “long live the Messiah” at the site before committing the attack. A 19-year-old man arrested as a juvenile with Ben Uliel pleaded guilty in 2018 to his role as an accessory and entered prison in December to begin serving the remaining 10 months of a three-and-a-half-year sentence, with credit for previous time served under house arrest. On September 14, the court sentenced Ben Uliel to three life sentences plus 20 years. Ben Uliel’s attorney said he planned an appeal to the Israeli Supreme Court. According to press reports, a crowd-sourced funding campaign endorsed by a number of rabbis began raising money for his defense team to challenge the convictions.

On February 17, Israeli police arrested a Palestinian man who attempted to stab a Border Police officer at a security checkpoint for the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron.

Israeli police and the IDF reported investigating other instances of religiously motivated attacks and subsequent arrests. In general, however, NGOs, religious institutions, and media continued to state that arrests in religiously motivated crimes against Palestinians rarely led to indictments and convictions. Palestinians stated that they faced procedural difficulties in filing complaints with Israeli police, who are located at stations within settlements or at military-run liaison offices outside those settlements. Data from the NGO Tag Meir, which tracks hate crimes, and media reports indicated in recent years Israeli authorities had indicted few suspects in attacks on religious sites.

The Israeli government stated that authorities maintained a zero-tolerance policy against what it described as “Israeli extremists’ attacks” on Palestinians and made efforts to enhance law enforcement in the West Bank, including through task forces, increased funding, and hiring additional staff members. The Israeli government said that there were “numerous investigations” of ideologically motivated criminal incidents in 2020.

In a fact sheet that it released in January, the Israeli NGO Yesh Din stated, “After 15 years of monitoring Israeli law enforcement authorities in their handling of complaints filed by Palestinian victims of ideological crimes committed by Israelis, the picture that emerges demonstrates that the State of Israel is failing in its duty to protect Palestinians in the occupied territories from those who would harm them and, in fact, leaves them defenseless as they face assault and harassment.” According to Yesh Din statistics, Israeli police failed in the investigation of 82 percent of the files opened between 2005 and 2019 and 91 percent of all investigation files were closed without an indictment.

Attacks by Israeli citizens, some of whom asserted their right to settle in what they stated is the historic Jewish homeland of Judea and Samaria in the West Bank, continued, as well as Palestinian attacks on settlers. The UN Office for the Coordination of Humanitarian Affairs (UNOCHA) reported 772 attacks by Israeli settlers and other Israeli civilians against Palestinians in the West Bank and East Jerusalem during the year, with 168 Palestinians injured. This compared with 819 attacks and 140 Palestinians injured, respectively, in 2019. UNOCHA updated its metrics to incorporate more information from civil society about violence against Israelis. During the year, “in the context of the occupation and conflict,” UNOCHA estimated that there were 24 Palestinian fatalities and 2,694 Palestinians injured and three Israeli fatalities and 40 Israelis injured in West Bank violence, including in East Jerusalem. The Israeli government said that UNOCHA did not provide information about actions by Hamas in its public statistics and did not fully cover attacks targeting Israelis.

The Israeli government said that the Israeli intelligence community foiled “423 major terrorist attacks” against Israeli civilians (primarily targeting the majority Jewish Israeli civilians), of which 417 were planned by Palestinians from the West Bank and six by Palestinians in East Jerusalem. Of these, 70 percent were organized by Hamas, while “independent terrorists” organized the remaining attacks. The nongovernmental Meir Amit Intelligence and Terrorism Information Center said 40 significant terrorist attacks occurred in the West Bank, an increase from 34 in 2019 after five consecutive years of decline. Meir Amit assessed that the West Bank remained relatively quiet due to efforts of Israeli security forces and limited motivation by the general Palestinian population in the West Bank to carry out terrorist attacks. Meir Amit also reported that the Israel Security Agency prevented 430 “significant terrorist attacks” in the West Bank and Jerusalem, down from 654 in 2019.

On October 20, the trial of an Israeli Jewish minor, accused in the 2018 killing of a Palestinian woman, Aysha al-Rabi, a resident of Bidya village, began at the Central District Court in Lod. Prosecutors accused the minor, then 17, of throwing a two-kilogram (4.4 pound) stone through al-Rabi’s windshield “with the intent of using it to harm Arab passengers out of an ideological motive of racism and hostility toward Arabs.” In 2019, authorities arrested and later released four other suspects who, like the defendant, were yeshiva students from the settlement of Rehelim. According to press reporting, the prosecution linked the defendant’s DNA to the stone that caused al-Rabi’s death and also linked him to Kahanism, which Haaretz described as a “far-right anti-Arab ideology inspired by Rabbi Meir Kahane.” In January, authorities acknowledged that the stone throwing that killed al-Rabi, a mother of eight, was a terror attack but declined to recognize her as a victim of terrorism. Press reports said that authorities said the decision was reached because al-Rabi was not an Israeli citizen and the killing occurred outside Israel’s recognized borders. At year’s end, the trial was continuing, and the accused remained under supervised house arrest.

The government of Israel continued to discourage Israeli citizens in unofficial capacities from traveling to the parts of the West Bank under the civil and security control of the PA (Area A), with large road signs warning Israelis against entering these areas and stating it was dangerous for Israelis and against Israeli law to do so. Significant numbers of Arab Israelis, and some Jewish and other Israelis, chose to privately visit Area A without repercussions, according to media and individuals who visited. Media reported that, while these restrictions in general prevented Jewish Israelis from visiting numerous Jewish religious sites, the IDF provided special security escorts for Jews to visit religious sites in Area A under Palestinian control, particularly Joseph’s Tomb in Nablus, a site of religious significance to Jews, Christians, and Muslims, and the Shalom al Israel Synagogue in Jericho. Some Jewish religious leaders said the Israeli government policy limiting travel to parts of the West Bank prevented Jewish Israelis from freely visiting several religious sites in the West Bank including Joseph’s Tomb, because they were denied the opportunity to visit the site on unscheduled occasions or in larger numbers than permitted through IDF coordination. IDF officials said requirements to coordinate Jewish visits to Joseph’s Tomb were necessary to ensure Jewish Israelis’ safety. The Israeli government said that Jewish worshippers could only visit Areas A and B of the West Bank with the protection of the IDF and that the PA was not fulfilling its commitments to ensure freedom of religion for Jewish worshippers in these areas under the Oslo Accords. Palestinian and Israeli security forces coordinated some visits by Jewish groups to PA-controlled areas within the West Bank, which generally took place at night to limit the chance of confrontations with Palestinians who opposed the visit. The PA suspended security coordination with Israel in May and resumed coordination in late November. Israeli authorities stopped informing Palestinian authorities of these visits during the PA’s suspension of coordination and continued to provide security escorts to Jewish sites in PA-controlled territory, with some clashes occurring between Israeli security forces and Palestinians.

Palestinians at times violently protested when Jewish groups visited holy sites in areas under Palestinian control, where freedom of access was guaranteed by the PA in the Oslo Accords in the West Bank, particularly Joseph’s Tomb in Nablus (located in Area A). According to press, the Samaria Regional Council (which provides municipal services for Israeli settlements in the northern West Bank), in coordination with the IDF, organized monthly visits to the site. On February 25, Israeli authorities neutralized an explosive device planted near Joseph’s Tomb prior to the arrival of 2,000 Jewish worshippers. Palestinian protestors also clashed with IDF personnel providing security for the visit, throwing rocks at the IDF soldiers, who fired rubber bullets and used tear gas in response. Although routine visits paused after February 25 due to the COVID-19 outbreak, approximately 150 Jewish worshippers prayed at the tomb on June 3. According to the Times of Israel, due to the suspension of security cooperation between the Government of Israel and the PA, Palestinian security personnel withdrew from the site prior to the Israeli group’s arrival but returned after the pilgrims departed, when, according to press reports, they prevented an attempted arson attack on the site by Palestinian protestors. The Israeli government said Palestinian Civil Police protected the site throughout the year, except during visits organized by the IDF, and prevented more than one attack on the site by Palestinians.

Approximately 2,500 pilgrims visited the site on June 22 on the anniversary of Joseph’s death. Haaretz stated that this visit to the shrine was “essentially a political event” because worshippers said they would be praying for the success of plans announced by the government to annex parts of the West Bank. Media reported that Palestinians threw stones at IDF military escorts during the visit and that the IDF used tear gas to disperse the crowd. Press reports stated that an unspecified number of protestors were injured in the incident.

On December 3, as the IDF secured a route for buses carrying Jewish worshippers, Palestinians gathered, throwing stones and setting fire to tires. Police fired tear gas and rubber bullets in response. The Palestinian Center for Human Rights, located in Gaza City, stated that two Palestinians were injured in the encounter. On December 30, the Palestinian news agency WAFA reported that, after protestors attempted to block Jewish worshippers from entering the shrine, the IDF used rubber bullets and tear gas, resulting in nine Palestinians requiring medical attention. The Israeli government said the IDF facilitated six visits to the site during the year, with “terrorists” attacking the worshippers and IDF with stones and Molotov cocktails each time.

On November 20, Israeli security forces detained a Palestinian resident of the West Bank suspected of planting an explosive device at Rachel’s Tomb, a Bethlehem shrine of religious significance to Jews, Christians, and Muslims under Israeli jurisdiction in Area C. Israeli security forces shot and injured an individual in August suspected of attempting to throw a firebomb at the site. The shrine remained separated from the West Bank by a barrier built during the 2000-2005 Second Intifada, and Palestinians were able to access it only if permitted by Israeli authorities. Residents and citizens of Israel continued to have relatively unimpeded access. Israeli police closed the site to all visitors on Saturdays for the Jewish Sabbath (Shabbat).

The Israeli government continued to allow controlled access to the Haram al-Sharif/Temple Mount, with only Muslims permitted to engage in religious worship there. The Israeli government stated it understood the post-1967 status quo pertaining to the Haram al-Sharif/Temple Mount to allow non-Muslim visitors but prohibit non-Islamic worship on the compound, while Israel respected Jordan’s “special role” at the site, as reflected in the 1994 Israel-Jordan peace treaty. Muslim representatives stated that they generally had a different understanding of the status quo and that the Waqf should have full autonomy in administering the site (reflecting wide Palestinian and Muslim rejection of Israeli authority or sovereignty at the site) and that only Muslim worshippers were entitled to unrestricted access to the site.

In January, worshippers at the Haram al-Sharif/Temple Mount and mosques in Gaza and the occupied West Bank engaged in a protest campaign called “The Great Fajr [Dawn] Campaign,” after the dawn prayers. Hamas and other Islamic organizations had called on worshippers to gather for Friday Fajr prayers starting in January at the site and at the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron in the West Bank to defend them against “violations” by Israeli Jews. Media reported on January 17 that police dispersed protestors at the site after Friday dawn prayers. Press reports said that Palestinian demonstrators chanted slogans recalling the Muslim massacre of Jews at the Battle of Khaybar, near Medina, in the seventh century. Police broke up the impromptu demonstration without incident. Clashes between police and demonstrators occurred at other times near the site in January and February. Press reported that at least 10 Palestinian Muslims were injured by rubber bullets fired by police on January 31 and that police turned away “hundreds” of worshippers from the site on February 7.

The Jordanian Waqf in Jerusalem administered the Haram al-Sharif/Temple Mount, while the Jordanian Ministry of Islamic Affairs and Holy Places supported maintenance and salary of the Waqf staff in Jerusalem. The issue of the use of the Gate of Mercy (Bab al-Rahma), a building within the Haram al-Sharif/Temple that was reopened by the Waqf in 2019 after it had been closed since 2003, remained unresolved. The Israeli government stated it regarded the reopening as a violation of the status quo.

On July 12, an Israeli court asked the Waqf to provide its views within 60 days regarding the closure of the Bab al-Rahma site after the Israeli police requested the court on July 2 to extend the current court-ordered closure and stated the building, if open, would be used by Hamas, according to media. Police also asked the Waqf to close the building permanently. In response, the Waqf said it did not recognize the authority of Israeli courts over the Haram al-Sharif/Temple Mount. Throughout the year, Muslim worshippers could generally enter the site, although Israeli police regularly conducted security searches there.

Israeli media reported that Israeli security forces arrested six Muslim worshippers at the Haram al-Sharif/Temple Mount on January 7 for “shouting nationalist rhetoric.” Video of the incident showed police kicking one of those arrested. Police and the Waqf reached agreement to close the site from March 22 to May 31 to both Muslim and non-Muslim visitors due to the COVID-19 pandemic. The Waqf said it sought to close the site on one other occasion but kept it open because Israeli authorities did not agree to simultaneously close it to non-Muslim visitors. The Israeli government stated that the public regulations in place at that time did not mandate closure of the site. Israeli government authorities closed the Church of the Holy Sepulchre, other houses of worship, and holy sites for Passover, Eid al-Fitr, and Easter holidays, as well as for the Ramadan and Lenten seasons, due to the pandemic. Christian leaders stated that they were frustrated when Israel restricted indoor gatherings, including religious services, to 10 persons, saying that the cap was based on the number of men required for a minyan (a Jewish prayer quorum) and did not allow for greater numbers by taking into account the size of religious buildings and ability to socially distance safely. Israeli authorities made exceptions to health restrictions for Easter and Christmas services, allowing greater but still limited public attendance.

Israeli government restrictions on gatherings for prayer varied from March through December due to the COVID-19 pandemic. During a nationwide lockdown in the spring, no gatherings were allowed, including for prayer; at other times, prayer gatherings of 10 to 20 persons were allowed, including in roped-off groups at the Western Wall. Guidelines at other periods were more lenient.

Israeli authorities briefly closed the Haram al-Sharif/Temple Mount on January 29 after two Palestinians were arrested for attempting to carry out a stabbing attack against police.

The Israeli Ministry of Foreign Affairs said the only restrictions imposed by Israel during the year were due to COVID-19.

On September 6, an association of Muslim leaders in Jerusalem issued a statement accusing police and authorities of violating the sanctity of the Haram al-Sharif/Temple Mount by erecting ladders and installing loudspeakers at the entrance to the Lions Gate. The Waqf posted photos showing police and other staff mounting the roof and installing the equipment. The Israeli Ministry of Foreign Affairs said that the speakers were installed outside the compound and were for the safety of individuals visiting the site.

Israeli authorities in some instances barred specific individuals from the Haram al-Sharif/Temple Mount site, including Jewish activists believed to have violated the status quo understanding prohibiting non-Islamic prayer, Muslims believed to have verbally harassed or acted violently against non-Muslim visitors to the site or incited others to violence, and public figures whose presence authorities feared would inflame tensions. Banned individuals included Waqf guards and administrative and maintenance staff and imams delivering sermons at the site. The Wadi Hilweh Center reported that Israeli authorities banned 46 Waqf staff during the year. The government stated that police banned individuals from accessing the Haram al-Sharif/Temple Mount only in cases of violation of public order or a disturbance to the freedom of worship. The government said that these bans were authorized according to procedures by police officials and courts and targeted both Jews and Muslims who “called for violence and disrupted the peace” at the site. According to the government, 225 individuals, including Jews and Muslims, were banned from the Haram al-Sharif/Temple Mount for different time periods. The Wadi Hilweh Information Center reported that Israeli authorities banned 315 individuals from the site during the year.

While the government stated it was rare for any individual to be barred entry to the Haram al-Sharif/Temple Mount, human rights and civil society organizations said Israeli authorities banned Palestinians resident in the West Bank and Gaza, Palestinian residents of Jerusalem, and Arab and Jewish citizens of Israel from the site. Palestinian civil society organizations said that starting in November, police checked the identification of individuals entering the Old City to visit the site for Friday prayers and would bar from entry persons with West Bank identification cards and return them to the West Bank.

Media reported that Israeli authorities barred a number of prominent Muslims from the Haram al-Sharif/Temple Mount for periods of time, including for six months, including Radwan Amr, director of the manuscripts department at al-Aqsa Mosque, and Sheikh Issam Amireh, a senior leader of the Hizb al-Tahrir political party, after he called the beheading of a teacher by a Muslim terrorist in France a “great honor for all Muslims” during a sermon at the site. On January 18, the Israeli police barred Ekrima Sabri, the imam of the al-Aqsa Mosque, head of the private Islamic Higher Committee in Jerusalem and the former Palestinian Grand Mufti, from the Haram al-Sharif/Temple Mount for a period of four months, after accusing him of incitement in a January 17 sermon. On May 29, authorities detained him again and later informed him that he would not be allowed to visit the site for an additional four months. On October 28, police raided the office of the deputy director of the Waqf, Najeh Bkirat, in the Haram al-Sharif/Temple Mount and told him to report to the intelligence services in seven days, when he was told that he would be banned from entering the site for six months. According to media, he was banned for “incitement” against the normalization agreements between Israel and Arab countries and visitors from those countries to the site, as well as possible linkages to Hamas. Later, on November 26, authorities presented him with an order that he would not be allowed in the site for three months. Bkirat told the International Middle East Media Center in November that since 2003, police had banned him from the site 21 times for a period of more than seven years, adding, “In 2019, I was admitted into the mosque only for one week.”

Human rights and civil society organizations said Israeli authorities at times restricted some Muslims based on gender and age from entering the site. Israeli authorities have not issued permits for Gazans to visit the site during Islamic holidays since 2017, when it issued several hundred permits for Gazans during Ramadan, according to UN reports. Muslims who are Israeli citizens, Palestinian residents of Jerusalem, or foreigners already present in Israel do not need permits to visit the site.

The Waqf also said that Israeli authorities interfered in the administration of the site by the Waqf, including maintenance and restoration work there. Israeli officials and activists stated the Waqf sometimes attempted to conduct repairs without coordinating with Israeli authorities. For example, pictures on the Waqf’s Facebook page showed their personnel digging at the site on March 31, while the site was closed to visitors due to the COVID-19 pandemic. In addition to the police banning of individual Waqf staff members, the Waqf said that it had a reduced capacity to administer the site because Israeli authorities refused to grant permits to new staff hired to work at the site, leaving the Waqf seriously understaffed.

The IDF continued occasionally to limit access to the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron, another site of significance to Jews, Christians, and Muslims as the tomb of Abraham. Palestinian leaders continued in statements to local media to oppose the IDF’s control of access, citing Oslo-era agreements that gave Israel and the PA shared responsibilities for the site, although Israel retained full security responsibility for it while the Oslo Accords and 1997 Hebron Accords gave “civil powers and responsibilities” including “planning authority” for the site to the Hebron municipality. Some Muslim leaders publicly rejected a Jewish connection to the site.

The IDF again restricted Muslim access to the Ibrahimi Mosque/Tomb of the Patriarchs during the 10 days corresponding to Jewish holidays and Jewish access during the 10 days corresponding to Islamic holidays. The IDF restricted Muslims to one entry point, which was manned by soldiers with metal detectors, while granting Jews access via several entry points. Citing security concerns, the IDF periodically closed roads approaching the site and since 2001 has permanently closed Shuhada Street, the former main Hebron market and one of the main streets leading to the holy site, to Palestinian-owned vehicles. The government said the closure was done to prevent confrontations. Both Muslims and Jews were able to pray at the site simultaneously in separate spaces, a physical separation that was instituted by the IDF in November 1994 following an attack earlier in the year by an Israeli that killed 29 Palestinians. Israeli authorities continued to implement frequent bans on the Islamic call to prayer from the Ibrahimi Mosque, stating the government acted upon requests by Jewish religious leaders in Hebron in response to requests of Jewish worshippers at the site. The news website al-Monitor reported that Israeli authorities banned calls to prayer at the Ibrahimi Mosque 56 times during the month of April; Passover was celebrated from April 8 to 16.

On March 31, the PA Ministry of Awqaf and Religious Affairs issued a statement condemning the IDF for preventing mosque attendants and guards from entering the Ibrahimi Mosque/Tomb of Patriarchs in Hebron due to COVID-19 restrictions and limiting access to only one person to perform the call for prayer. On May 26, according to media reports, the IDF dispersed hundreds of Muslim worshippers who had arrived at the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron to perform prayers. Media reported the IDF allowed only 50 persons to pray inside the mosque and another 100 worshippers to pray in its courtyard, per Israeli restrictions to control the COVID-19 outbreak. The Palestinian Authority had reopened mosques to the general public as of May 26.

On July 31, Hebron mayor Tayseer Abu Sneineh said the IDF banned the entry to the Ibrahimi Mosque of thousands of Muslim worshippers trying to perform Eid al-Adha prayers and allowed only 35 individuals to attend the Eid prayers and sermon. The Israeli government said it managed access to the site in accordance with the status quo and based on the principle of religious freedom and in coordination with the Hebron municipality and PA Waqf managing the site. According to the Israeli government, Israeli authorities and the Waqf coordinated access during the Eid to allow 850 Muslim worshippers to enter the site in small groups, in accordance with the COVID-19 restrictions in place during the Eid, which limited access for both Muslim and Jewish worshippers. According to the Israeli government, authorities made the same arrangements during the celebration of the Prophet Mohammed’s birthday, when only Muslims were allowed access to the site, and for Yom Kippur, when only Jews were allowed access. Israeli authorities closed the site to Palestinian worshippers for Jewish holidays, including Rosh Hashana (September 18-20) and Yom Kippur (September 27-28), and then on September 30 closed the building due to COVID-19. Jewish worshippers living within one kilometer (0.6 miles) were still able to pray in the complex’s outside courtyard. On September 30, the imam of the Ibrahimi Mosque, Hifthi Abu Sneineh, said that the IDF had prevented staff and Muslim worshippers from accessing the mosque and attending prayers under what he said was the pretext of the COVID-19 pandemic. Abu Sneineh said that the IDF evacuated staff and worshippers from the mosque after the noon prayer on Tuesday and closed all entrances to the site. He also stated the IDF banned the director of the Waqf, Jamal Abu Aram, along with a number of staff, from accessing it on Tuesday. Abu Sneineh said the IDF blocked Muslim worshippers from performing prayers but allowed Jewish worshippers to access the mosque to commemorate Yom Kippur. The PA Ministry of Awqaf and Religious Affairs issued a statement stating that this measure was a “blatant and serious” violation, an attack on the sanctity of the mosque, a provocation to the feelings of Muslims, a serious threat, and an attempt to control the rest of the mosque. The Israeli government said that the two sides at the site had an agreement to allow exclusive access to the Jewish and Muslim communities on specific holy days throughout the year specific to the two faiths.

In April, Prime Minister Benjamin Netanyahu and Attorney General Avichai Mandelblit approved a 2019 decision by former Israeli Minister of Defense Naftali Bennett, shortly before Bennett left office, to bypass the Hebron municipality and expropriate land at the Ibrahimi Mosque/Tomb of Patriarchs in Hebron. COGAT issued an expropriation order on May 13. The Israeli government stated it intended to renovate the site and establish elevators to make it accessible to persons with disabilities in order to “promote the rights of people with disabilities and allow access to religious sites for every population.” The Israeli government said it proceeded with the plan after multiple attempts to gain PA, Hebron municipality, and Waqf support for increased access to the site for persons with disabilities. According to the Jerusalem Post, “Hebron’s Jewish community and right-wing politicians and activists have long lobbied to make the site wheelchair accessible.” The paper stated that the only way that Jewish sanctuaries within the site could be reached is by climbing a long staircase.

Press reports stated that the land expropriated for the project was owned by the PA’s Ministry of Awqaf and Religious Affairs. In May, Hifthi Abu Sneineh condemned the decision and said it was a blatant violation of the Hebron Protocol of the Oslo Accords and that “The Israeli authorities did not notify the Waqf in charge of managing the mosque of the details of the project. The settlement project will facilitate the Judaization of Ibrahimi Mosque.” Separately, he told the Middle East Eye website, “This is their [Israelis’] goal: to make life harder for the Palestinians, and make life easier for the settlers. To restrict Palestinian worship, promote Jewish visitation, and forever change the history and Islamic character of this place.” On June 18, Palestinians from Hebron and the Israeli NGO Emek Shaveh filed objections with COGAT regarding the project. Emek Shaveh stated, “The plan is more political than humanitarian and marks a breach of the status quo, creating additional friction between Jews and Muslims in a place which is already suffering from extreme tension.” An Israeli court dismissed the case in August. On December 27, the Knesset Finance Committee voted to transfer 1.5 million shekels ($467,000) to the elevator project. Member of the Knesset Moshe Gafni, the committee chair, said, “It is enormously important to allow public sites to be accessible to the disabled, even more so for a sacred sited like the Tomb of the Patriarchs.” On May 14, members of the Fatah chapter in the Hebron district organized a protest in front of the site to protest the decision and said the Ibrahimi Mosque is a purely Islamic site, with all its parts and courtyards, and has no Jewish heritage.

On November 19, the Judea and Samaria planning committee rejected petitions by Emek Shaveh and Palestinian residents of Hebron against the plan. Emek Shaveh said it objected to the plan because it did not include a documentation and conservation study as is standard for construction at historical monuments and that the staff officer for archaeology at the Civil Administration was not involved in overseeing the plan. The NGO stated that the Ibrahimi Mosque/Tomb of the Patriarch was arguably the most important historical and holy site in the West Bank. Emek Shaveh also argued that the elevator, which was planned to be built near the Jewish end of the complex, would not aid Muslim worshippers who wished to access their prayer halls because of the stringent security checks that they would be forced to endure. A case in an Israeli court was pending at the end of the year.

On December 4, Israeli police arrested an Orthodox Jewish man for trying to set fire to the Church of All Nations at the Garden of Gethsemane on the Mount of Olives in Jerusalem. The suspect poured flammable liquid inside the Catholic church and set it on fire before a church guard detained him and police took him into custody. On December 31, an Israeli judge found the assailant mentally incompetent and remanded him to a psychiatric institution for up to 20 years.

Israeli authorities and settlers, who are often armed, prohibited access by Palestinians to several mosques in the occupied West Bank located within Israeli settlements. Israeli authorities declared all legal settlements as restricted Israeli military zones. Palestinians were unable to visit them without Israeli government approval.

In an October 7 report, the Israeli NGO Machsom (“Checkpoint”) Watch stated that the Israeli government has used three strategies to “erase” Muslim religious sites in the West Bank: enclosing sites within closed military zones, including sites in nature reserves; divesting shrines of their Islamic religious identity by opening them to the general public; and declining to recognize the site as having any religious significance in Islam. The NGO said that Israeli authorities give more weight to sites associated with Biblical prophets than to sites that are significant only to Muslims. Machsom Watch said that Israeli authorities deny Palestinians any access to 13 sites in the West Bank that are of traditional heritage, worship, and Muslim prayer or that are important to multiple faiths. The NGO said some of these sites are dilapidated and frequently the object of vandalism by Israeli settlers.

The Israeli government said it coordinated access to the Prophet Samuel’s mosque during the year for 1,500 Palestinian residents of the Nebi Samuel and al-Khalaila villages. The site has both a mosque and synagogue and, with the villages, is located in the West Bank, but inside the Israeli barrier.

Israeli police continued to be responsible for security at the Haram al-Sharif/Temple Mount, with police officers stationed both inside the site and at entrances. Police conducted routine patrols on the outdoor plaza and inside buildings on the site and regulated pedestrian traffic exiting and entering the site. Israeli police continued to maintain exclusive control of the Mughrabi Gate entrance, through which non-Muslims may enter the Haram al-Sharif/Temple Mount site, and allowed visitors through the gate during set hours. Police sometimes restricted this access, citing security concerns.

Some Jewish groups performed religious acts such as prayers and prostration on the Haram al-Sharif/Temple Mount despite the ban on non-Islamic prayer. The Israeli government reiterated that non-Islamic prayer was not allowed on the grounds of the Haram al-Sharif/Temple Mount, including Prime Minister Netanyahu, who reiterated this view at a campaign event in March. NGOs, media, and Jewish Temple Mount advocacy groups continued to report that in practice, police generally allowed discreet non-Muslim prayer on the site. Police continued to screen non-Muslims for religious articles. Police allowed Jewish male visitors who were visibly wearing a kippah (head covering) and tzitzit (fringes), and those who wished to enter the site barefoot (in accordance with interpretations of halacha – the body of Jewish religious law), to enter with police escort.

The Waqf continued to restrict non-Muslims who visited the Haram al-Sharif/Temple Mount from entering the Dome of the Rock and other buildings dedicated for Islamic worship, including the al-Aqsa Mosque, unless they were participating in a Waqf-sponsored visit. It also lodged objections with Israeli police concerning non-Muslim visitors wearing religious symbols or religious clothing. Israeli police sometimes acted upon these objections.

Waqf officials repeated previous years’ complaints over their lack of control of access to the site. The Waqf objected to non-Muslims praying or performing religious acts on the site and to individuals whom they perceived to be dressed immodestly or who caused disturbances, but they lacked authority to remove such persons from the site. Waqf officials stated Israeli police did not coordinate with the Waqf on decisions regarding entry and barring of Muslim and non-Muslim visitors to the site. Waqf employees remained stationed inside each gate and on the plaza, but Waqf officials exercised only a limited oversight role. The government extended visiting hours in the afternoon by 30 minutes to prevent large groups forming at the entrance for non-Muslims in accordance with COVID-19 health restrictions. Following the announcement of the normalization agreements establishing relations between Israel and several Arab countries, Muslim visitors from the Gulf were at times harassed in person and vilified on social media by Palestinian Muslims for visiting the site as part of visits to Israel. The PA Mufti of Jerusalem issued a fatwa denying access to the site to Muslims from countries that established diplomatic relations with Israel, but the Jordanian Waqf rejected the fatwa. The Waqf stated that Muslim visitors from those countries were brought by Israeli officials without coordination with the Waqf. The government welcomed these visits as a positive outcome of normalization and as demonstrating freedom of religion.

On May 4, the NGO Returning to the Mount filed a petition to the Supreme Court demanding the state allow Jewish visitors to enter the Haram al-Sharif/Temple Mount, arguing that the arrangement at that time – under which only Muslim Waqf staff were allowed to enter the site due to the COVID-19 pandemic – discriminated against Jews who wished to visit. The court rejected the petition on May 19, stating it did not find grounds to interfere with the state’s discretion. On June 23, the Supreme Court ordered the government to respond by November 21 to a petition by the NGO Moked Israeli Center for the Advancement of Democracy and Protection of Human Rights, which objected to a sign near the Haram al-Sharif/Temple Mount discouraging non-Muslim visitors from entering the site. The case was ongoing at year’s end. The Waqf and others criticized non-Muslim visitors who entered the site escorted by the police as “settlers” and said they “stormed” the site.

Many Jewish religious leaders, including the government-appointed Rabbi of the Western Wall, continued to say Jewish law prohibited Jews from entering the Haram al-Sharif/Temple Mount for reasons of ritual purity. Some Jewish religious leaders, Knesset members, and activists called for reversing the policy of banning non-Islamic prayer at the site to provide equal religious freedom for all visitors.

The government continued to allow Knesset members and ministers to visit the Haram al-Sharif/Temple Mount site. Members of the Knesset were required to inform the Knesset guard at least 24 hours prior to the visit to allow for coordination with the police.

At the main Western Wall plaza, the place of worship nearest the Haram al-Sharif/Temple Mount and Judaism’s holiest site, the government continued to enforce a regulation prohibiting the performance of “a religious ceremony that is not in accordance with the customs of the place, which harms the feelings of the public towards the place.” Authorities interpreted this prohibition to include mixed-gender Jewish prayer services, to the objection of the Jewish Conservative and Reform movements. The organization Women of the Wall argued that its monthly presence at the wall for more than 30 years had established the group as part of the “customs of the place.”

Authorities continued to prohibit visitors from bringing private Torah scrolls to the main Western Wall plaza and women from accessing the public Torah scrolls or giving priestly blessings at the site. Authorities, however, permitted women to pray with tefillin and prayer shawls pursuant to a 2013 Jerusalem District Court ruling stating it was illegal to arrest or fine them for such actions.

Pending COVID-19 limitations, authorities allowed Women of the Wall to hold its monthly service in the women’s area of the main Western Wall plaza, but in a barricaded area or as a pod at the rear of the main plaza along with other separated prayer pods. However, during the period when the Western Wall was open for prayer by only 10 persons due to COVID-19 regulations, Women of the Wall reported that Rabbi of the Western Wall Shmuel Rabinowitz rejected their April 19 request for a group of 10 women from Jerusalem to pray at the Western Wall, despite having approved similar requests for ultra-Orthodox visitors from outside of Jerusalem.

Representatives of Women of the Wall complained of a lack of effort by police or ushers from the Western Wall Heritage Foundation (WWHF), which administers the Western Wall main plaza, to intervene when ultra-Orthodox women and men disrupted their monthly prayer service with screaming, whistling, and pushing. In response, the government stated that large numbers of Israeli police, ushers, and security personnel maintained order on occasions when Women of the Wall prayed there. Women of the Wall filed a petition to the Supreme Court in March 2017 to require ushers and police to prevent disruption to their services. The case was ongoing as of the end of the year.

Authorities continued to allow use of a temporary platform south of the Mughrabi ramp and adjacent to the Western Wall, but not visible from the main Western Wall plaza, for non-Orthodox “egalitarian” (mixed gender) Jewish prayers. Authorities designated the platform for members of the Conservative and Reform movements of Judaism, including for religious ceremonies such as bar and bat mitzvahs. The Supreme Court criticized the government on November 4 for its lack of progress since 2018 on upgrading the area to a permanent egalitarian prayer space. The government blamed the delay on multiple rounds of national elections, COVID-19, and an obstacle posed by a Jerusalem municipality planning committee, but it also stated that it was not under a legal obligation to implement the construction plan. The court ordered the government to make progress by April 4, 2021. This case is a combination of lawsuits against the government, some dating back to 2013, that would allow prayer for all religious streams of Judaism at the Western Wall. In 2017, the government “froze” a 2016 agreement with non-Orthodox Jewish groups that would have offered them symbolic recognition in addition to upgrading the egalitarian prayer space. In 2018, a special government committee approved expansion of the temporary platform. The non-Orthodox Jewish movements stated that upgrading the prayer space alone would not fulfill their 2016 agreement with the government. The court case was ongoing at year’s end. In addition, observers have stated that scaffolding has prevented visitors from touching the sacred wall in the egalitarian prayer space since a rock fell there in 2018. Over the same period, the WWHF managed large construction projects in the main plaza, making routine inspections for loose rocks at the main plaza without blocking access to the wall.

The government continued to promote the establishment of a cable car route from the First Station cultural complex in Jerusalem to the Dung Gate of the Old City that would pass over a Karaite cemetery. In September, the Jerusalem municipality published a tender for the construction of the cable car, and on September 9, a Jerusalem local planning committee approved the expropriation of more than 10,000 square meters (108,000 square feet) of private lands, mostly in Silwan, for construction of the project. According to the Karaite community, the cable car would desecrate the cemetery, thus preventing its further use. While the original plan included a physical roof over the cemetery, which would contradict Karaite customs, the approved plan does not include a roof. Nonetheless, the project’s infrastructure still posed a problem for the Karaite community, according to community representatives. The government stated the cable car was meant to solve accessibility problems to holy sites such as the Western Wall, but some NGOs said the project was meant to specifically promote Jewish touristic sites in East Jerusalem and to reinforce Israel’s claims of sovereignty over the area. The plan was pending final government approval at year’s end. A petition against the cable car was also pending at year’s end.

The barrier that divided the majority of the West Bank from Israel also divided some communities in Jerusalem, affecting residents’ access to places of worship, employment, agricultural lands, schools, and hospitals as well as the conduct of journalistic, humanitarian, and NGO activities. The government stated that the barrier was needed for security reasons.

On July 20, the IDF seized a 1,500-year-old Byzantine-era baptismal font from Taqqou’a town, southeast of Bethlehem. The eight-ton font had been moved in 2000 from an ancient church in the archeological site of Khirbet Taqqou’a and had again been moved in 2002. Taqqou’a municipality retrieved the font and placed it in the vicinity of the mayor’s house, pending the construction of a local museum, according to media reports. According to press reports, the whereabouts of the font remained unknown after it was moved in July. The Israeli government said the Israeli Civil Administration (CA), which is part of COGAT, took the item as part of the CA’s efforts to “restore archeological items” and to “stop the theft of antiques” in the West Bank.

The PA continued to provide imams with themes they were required to use in weekly Friday sermons in West Bank mosques and to prohibit them from broadcasting Quranic recitations from minarets prior to the call to prayer.

Unrecognized religious groups such as Jehovah’s Witnesses faced a continued PA ban on proselytization but stated they were able to conduct most other functions unhindered. Palestinian authorities generally recognized on a case-by-case basis personal status documents issued by unrecognized churches. The PA, however, continued to refuse to recognize personal status legal documents (e.g., marriage certificates) issued by some of these unrecognized churches, which the groups said made it difficult for them to register newborn children under their fathers’ names or as children of married couples. Many unrecognized churches advised members with dual citizenship to marry or divorce abroad to register the action officially in that location. Some converts to unrecognized Christian faiths had recognized churches with which they were previously affiliated perform their marriages and divorces. Members of some faith communities and faith-based organizations stated they viewed their need to do so as conflicting with their religious beliefs.

Religious organizations providing education, health care, and other humanitarian relief and social services to Palestinians in and around East Jerusalem continued to state that the barrier begun by Israel during the Second Intifada impeded their work, particularly south of Jerusalem in West Bank Christian communities around Bethlehem. Clergy members stated the barrier and additional checkpoints restricted their movements between Jerusalem and West Bank churches and monasteries as well as the movement of congregants between their homes and places of worship. Christian leaders continued to state the barrier hindered Bethlehem-area Christians from reaching the Church of the Holy Sepulchre in Jerusalem. They also said it made visits to Christian sites in Bethlehem difficult for Palestinian Christians who lived on the west side of the barrier. Foreign pilgrims and religious aid workers also reported difficulty or delays accessing Christian religious sites in the West Bank because of the barrier. The Israeli government previously stated it constructed the barrier as an act of self-defense and that it was highly effective in preventing terrorist attacks in Israel.

Christian expatriate workers in Israeli settlements complained that lack of public transportation on Saturdays prevented them from participating in religious activities and worship in Jerusalem.

According to a November 9 Times of Israel report, Jerusalem mayor Moshe Lion and his administration proposed a plan to designate seats on Jerusalem community councils as either ultra-Orthodox or not. Jerusalem is the country’s only municipality to use community councils, which were established to provide greater communication between the city’s diverse population groups and the municipal government. Each council has 15 members, nine elected and the other six appointed. Lion said the proposal was designed to reduce conflicts on the councils and to ensure that the views of minority communities were represented on each council. Members of both the ultra-Orthodox and non-ultra-Orthodox communities expressed concerns about the proposal, with one describing it as “undemocratic.” While there are eight community councils serving Palestinian neighborhoods in East Jerusalem, none of them has elected members.

The Government of Israel’s Ministry of Religious Services (MRS) listed 28 dedicated cemeteries in Israel and West Bank settlements for civil burial and burial of persons the government defined as “lacking religion.” Only three of the cemeteries, however, were available for use to the broader general public in Israel and Israeli West Bank settlements regardless of residence, one of which has been full for several years. The other cemeteries, located in Israeli agricultural localities, were permitted to bury only “residents of the area.” This, according to the NGO Hiddush, left the majority of the Israel’s population deprived of the ability to exercise its right to be buried in accordance with secular or non-Orthodox religious views, as mandated by Israeli law. The two MRS-administered cemeteries in West Bank settlements were available only for the burial of Israeli citizens. On December 12, the Supreme Court, as a part of a petition by Hiddush, issued an order instructing the state to explain why it would not allow civil burial in agricultural localities for individuals who were not local Israeli residents and who do not have another alternative. The case was pending as of the end of the year.

According to the website of Brigham Young University’s Jerusalem Center, the Israeli government maintained an agreement with The Church of Jesus Christ of Latter-day Saints that no member of the Church “will engage in proselytizing of any kind” within Israel, the West Bank, and Gaza, as a condition of its lease of land for its campus on the Mount of Olives in Jerusalem.

After workers sent by the Jerusalem municipality demolished a wall and stairs in the Islamic al-Yusufiye Cemetery to make way for a park, local Palestinians gathered in protest and the work stopped. On December 24, the Jerusalem District Court issued a temporary restraining order against the municipality, forcing the city to suspend its work. The cemetery, which is hundreds of years old, is affiliated with the Islamic Waqf and adjacent to the Old City.

Hizb al-Tahrir, a global pan-Islamic Salafi movement founded in Jordanian-controlled Jerusalem in 1953, among other groups criticized the PA for at times reopening parts of the economy while maintaining COVID-19 restrictions on religious sites. On September 7, the heads of Christian churches in Bethlehem issued a statement in which they commended President Abbas and the Palestinian leadership, including Intisar Abu Amara, the chief of staff at the President’s office, for what they said as their effective role in support of the Palestinian Christian community, especially during the COVID-19 pandemic. Media reported PA government spokesman Ibrahim Melhem said at an April 13 press conference that Israelis “are not only exporting [the virus]. They are agents of this virus…These are not accusations. These are facts.”

In an August 27 interview with Israel’s Kan TV, Yasser Arafat’s widow, Suha al-Tawil, said the PA, particularly Intisar Abu Amara, discriminated against PA Christian staff. The accusation was made following a PA decision to recall her brother, Ghabi al-Tawil, the PA ambassador to Cyprus. PA officials said al-Tawil was dismissed from his position after he refused to receive Fatah activists at the PA embassy who were organizing a protest against the Emirati-Israeli normalization agreement. Following the interview, heads of Christian churches in Bethlehem released a joint statement warning against attempts to harm Christian-Muslim relations.

Palestinian leaders, media, and social media regularly used the word “martyr” to refer to individuals killed during confrontations with Israeli security forces, whether those individuals were involved in confrontations or were innocent bystanders. Some official PA media channels, social media sites affiliated with the Fatah political movement, and terrorist organizations glorified terrorist attacks on Jewish Israelis, referring to the assailants as “martyrs.” On May 12, IDF sergeant Amit Ben Ygal was killed by a rock thrown by a Palestinian during a security operation in the West Bank. According to a report by the Begin-Sadat Center for Strategic Studies, Palestinians Ramp Up Incitement to Murder Jews, Fatah then began a widespread social media campaign that referred to Ben Ygal’s death by including the phrase, “If you don’t have a gun, kill an IDF soldier with a rock.” Several local Fatah chapters posted memorials, including photographs, of suicide bombers. On several occasions on PA television, senior PA and Fatah official Jibril Rajoub extolled “martyrs” and prisoners serving sentences in Israeli prisons for conducting terrorist attacks. On June 17, on the 90th anniversary of the execution by British mandate officials of three persons convicted of involvement in the 1929 massacre of the Hebron Jewish community, a PA television presenter praised their actions and “martyrdom.”

The PA and the PLO continued to provide “martyr payments” to the families of Palestinians killed during terrorist acts or to those who were killed as bystanders in Israeli-Palestinian confrontations, as well as stipends to Palestinians in Israeli prisons, including those awaiting charges and those convicted of acts of terrorism. Such payments and separate stipends were initiated by the PLO in 1965 and have continued under the PA since the signing of the Oslo Accords with Israel in 1993 and 1995. On April 16, Fatah Central Committee member Mahmoud Aloul, speaking about Palestinian Prisoners’ Day, said on official PA Palestine TV, “The first amount of money Fatah was able to collect was allocated to prisoners’ and martyrs’ families. The Americans and Israelis tried to stop us from supporting Palestinian martyrs’ and prisoners’ families, but our decision was clear and it was given by President Abbas when he said that even if we had a few pennies, then we would offer them to the families of martyrs and prisoners.”

The Israeli Deduction Law provides that Israel must deduct a portion of the revenues it collects for the PA that is equal to the expenditures by the PA in the previous year for payments to families of persons killed, injured, or imprisoned for attacks on Israel. On October 26, Qadri Abu Bakr, the director of the PLO Commission for Prisoner Affairs, addressing the Deduction Law, said, “If we agree to deduct this money, it means that we agree that they are truly a group of terrorists – murderers, as Israel calls them. We would be defining their struggle as a crime and defining as a crime our people’s struggles for more than 50 years…” In accordance with the Israeli Deduction Law, Israel withheld a monthly sum equal to what the PA paid to these individuals and families (approximately 41.8 million shekels – $13 million) from its monthly transfers of tax revenues to the PA from January-March. Israel then suspended the deductions pending approval of the new amounts by the Israeli Security Cabinet, which did not occur until December due to the COVID-19 pandemic. The PA stated that these payments were social payments for families who lost their primary breadwinner. The Israeli government stated that the payments incentivized, encouraged, and rewarded terrorism, with higher monthly payments for lengthier prison sentences tied to more severe crimes.

The PA Ministry of Awqaf and Religious Affairs continued to pay for construction of new mosques, maintenance of approximately 1,800 existing mosques, and salaries of most Palestinian imams in the West Bank. The ministry also continued to provide limited financial support to some Christian clergy and Christian charitable organizations.

The PA’s Palestinian Broadcasting Company’s code of conduct states it does not allow programming that encourages “violence against any person or institution on the basis of race, religion, political beliefs, or sex.” Some official PA media channels as well as social media accounts affiliated with the ruling political movement Fatah, however, featured content praising or condoning acts of violence against Jews. Fatah announced September 26 that Facebook had restricted its ability to promote stories on its site. The Israeli NGO Palestinian Media Watch (PMW) stated this was due to concerns PMW had raised about Fatah’s promotion of terror and incitement to violence against Jewish Israelis. Following the announcement of diplomatic normalization between Israel and the United Arab Emirates and Bahrain, on September 15, Fatah Central Committee-member Jibril Rajoub on official PA television referred to Prime Minister Netanyahu as “a distorted copy of Mussolini,” and said the situation was similar to “everything that had happened in the 1930s and 1940s in Europe.” Referring to statements made by Arab governments regarding their recognition of Israel, Rajoub stated, “I think that even their ‎speeches were written for them…in ‎Tel Aviv, of course….”

Both Palestinians and Israelis evoked ethnoreligious language to deny the historical self-identity of the other community in the region or to emphasize an exclusive claim to the land. On September 18, on official PA television, PA Grand ‎Mufti Muhammed Hussein said, “If an inch of the Muslims’ lands is stolen, jihad becomes a personal religious commandment for everyone.” Anti-Semitic material continued to appear in official PA media. A Christian columnist for the official PA daily, Muwaffaq Matar, wrote, “Christian Palestinians understood the danger of Judaization to their existence and to their holy sites…They also know that the Zionist plot is not limited only to Judaizing the holy sites of the Muslim Palestinians…Therefore, they view the sale of Palestinian lands to the Israeli racist colonialist occupiers and settlers as a betrayal of Jesus. They think that whoever does this…is not eligible to represent the church or any Christian citizen in Palestine.”

Press reports stated that on November 18, after a Jewish settler placed a hanukkiah (Hanukkah candelabra) on the roof of the Ibrahimi Mosque/Tomb of the Patriarchs in Hebron, Mahmoud al-Habash, the PA President’s religious affairs advisor, told the official WAFA news agency, “The occupation state…is exploiting every opportunity, and particularly the so-called ‘Jewish holidays,’ in order to commit crimes and plans that desecrate our Islamic holy sites in Hebron.” According to press, he also said that the Ibrahimi Mosque is a pure Islamic heritage site to which those who are not Muslim have no rights. The newspaper al-Hayat al-Jadida reported that the PA’s Supreme Fatwa Council had called the action “a blatant violation, a true provocation of Muslims’ sensibilities, and an additional aggressive attempt to erase Islamic history in service of the goal to Judaize the Ibrahimi Mosque and create a fake Jewish character for it.”

In a July 18 appearance on Palestine TV, PA Foreign Minister Riyad al-Maliki, in response to a question about an incorrect report that Apple Maps and Google Maps had removed the name “Palestine” from their apps, said, “It is clear that these two companies have obvious orientations. It is obvious who owns them, and the Israeli-Jewish influence on them is also obvious.”

The Middle East Monitor website, in a report that it attributed to the Palestinian news agency WAFA, said that the Palestinian Authority had condemned the “continuous and increasing aggression” of Israeli Jewish settlers on Palestinians and their properties in the West Bank and East Jerusalem. According to the report, the PA Ministry of Foreign Affairs described the settlers’ attacks as “part of a campaign supported and run by the occupation state and its institutions, aiming to Judaize Area C.”

In an August 15 interview on Palestine TV, Mahmoud al-Habash, commenting on the establishment of diplomatic relations between Israel and some Arab states, said, “Normalization [of relations] is treason, full stop. It is treason. It is normalizing relations with those who murdered your father and brothers. It is normalizing relations with the enemies of the Prophet Mohammed, who want to [build] a temple at the destination of Mohammed’s Night Journey [referring to the Haram al-Sharif/Temple Mount].”

Anti-Semitic, militaristic, and other adversarial content continued to be directed against Israel in Palestinian textbooks, while references to Judaism were absent in the context of discussions of other religions, according to Palestinian Media Watch and IMPACT-se. Norway announced June 4 that it intended to withhold half of its funding designated for the PA’s education system until textbooks no longer promoted “hate and violence.” Foreign Minister Ine Marie Eriksen Soreide said that Norway had raised these concerns with senior PA leaders.

In September, IMPACT-se released a report on the new Palestinian school curriculum (West Bank, Gaza, East Jerusalem, and the UN Relief and Works Agency for Palestine Refugees in the Near East – UNRWA) for the 2020-21 academic term. The NGO reviewed each revision of the school curriculum released over the previous five school years. IMPACT-se’s report on the 2019-20 textbooks found no substantive changes from the previous revision of the curriculum. According to IMPACT-se, a Palestinian cabinet announcement on May 18 approved a plan to make changes to the PA curriculum for the then upcoming 2020-21 school year, and the PA presented the plan at a meeting with donor nations in Ramallah on May 21. However, the NGO said its analysis of the new curriculum “found it [the curriculum] to have moved further from meeting UNESCO standards, and the newly published textbooks were found to be more radical than those previously published. According to the report, there “is a systematic insertion of violence, martyrdom and jihad across all grades and subjects. Extreme nationalism and Islamist ideologies are widespread throughout the curriculum, including science and math textbooks.” Marcus Sheff, the CEO of IMPACT-se, told the Jerusalem Post in a September 22 report, “It is disastrous that 1.3 million Palestinian children are condemned to yet another year of sitting in PA and UNRWA schoolrooms to be fed hate and incitement on a daily basis.” In addition to providing teachers with training in human rights and tolerance in education to equip them to discuss controversial materials in PA textbooks, UNRWA publicly asserted there is no place for anti-Semitism in its programs.

According to the Jewish Telegraph Agency, on May 14, the European Parliament passed three resolutions that condemned the PA for using school textbooks that promote hate and violence. The resolutions were passed as amendments by the Committee on Budgetary Control in a budgetary report. One resolution called on the European Commission to make sure that “no Union funds are used to finance textbooks and educational material which incite religious radicalization, intolerance, ethnic violence and martyrdom among children.” The resolution said the European representatives were “concerned that problematic material in Palestinian school textbooks has still not been removed and is concerned about the continued failure to act effectively against hate speech and violence in school textbooks.” According to the resolutions, money allocated for textbooks should “be used for drafting and teaching curricula which reflects UNESCO standards of peace, tolerance, coexistence, and nonviolence.”

In 2019, the European Union commissioned the German NGO Georg Eckert Institute for International Textbook Research to conduct a review of the 2019-20 and 2020-21 PA curricula to assess the extent of inciteful content. The findings are due in early 2021.

The Jerusalem-based Center for Near East Policy Research (CNEPR) reported in February that PA teacher guides published by the PA Ministry of Education between 2016 and 2018 delegitimized the State of Israel, demonized Israel and Jews, and lacked any attempt to resolve the Israeli-Palestinian conflict peacefully. In 2019, CNEPR described excerpts from the guides referring to Jews as “aggressive, barbarous, full of hate, and bent on extermination,” and “enemies of Islam since its early days.”

In November, Israeli media reported that the government had agreed to pay 400,000 shekels ($124,000) in compensation to the Old Yosef Chai Yeshiva in the West Bank settlement of Yitzhar to cover the cost of the building’s use by security forces since it was seized in 2014. The yeshiva, which the Times of Israel said was a “hotbed of violence against local Palestinians and Israeli security forces,” released a statement saying that total damage to the building was more than 800,000 shekels ($249,000) and that the government’s payment was “the beginning of rectification.” In the statement, the yeshiva added that it hoped to return to its original location at Joseph’s Tomb in Nablus.

Under the Israeli Antiquities Law, excavations within a sacred site require the approval of a ministerial committee, which includes the Ministers of Culture, Justice, and Religious Affairs. The government stated that Israel Antiquities Authority (IAA) researchers “have greatly intensified their research on ‘non-Jewish’ periods in the history of the land of Israel, [including] the Prehistoric, Early Bronze, Byzantine, Muslim, Mamluk, and Ottoman periods.” Palestinian residents of Jerusalem and Muslim leaders continued to protest archaeological excavations and construction work done at the City of David National Park in the Silwan neighborhood outside the Old City and in the Old City near the Haram al-Sharif/Temple Mount, including an elevator being installed at the rear of the Western Wall plaza. Some NGOs monitoring archaeological practices in Jerusalem continued to state the IAA emphasized archaeological finds that bolstered Jewish claims while minimizing historically significant archaeological finds of other religions. Archeologists from the NGO Emek Shaveh continued to dispute the government’s representation of the “Pilgrim’s Road,” a tunnel dug by the IAA and inaugurated in Silwan in 2019, as being historically part of the pilgrimage route to the Jewish Second Temple; Emek Shaveh said the excavation method did not establish with certainty the date and purpose of the road. NGOs such as the City of David Foundation and the Jerusalem Institute for Strategic Studies continued to support the government’s position.

Some NGOs monitoring archaeological practices in the West Bank continued to state that the IAA exploited archaeological finds to bolster Jewish claims while overlooking other historically significant archaeological finds involving other religions or the needs of Palestinian residents at these sites. Emek Shaveh reported on September 9 that Israel’s Civil Administration issued expropriation orders for the antiquity sites Deir Sam’an and Deir Kala’, located in Area C of the West Bank, northwest of Ramallah. According to Emek Shaveh, both sites are on privately-owned Palestinian property and next to Israeli settlements. The expropriation orders stated that the sites were being expropriated for the purpose of preservation and safeguarding archaeology and were the first expropriation orders by Israeli authorities for archaeological sites in the West Bank since 1986. Emek Shaveh said that Israeli authorities were “using archaeological sites as a pretext for barring Palestinians from sites in Area C.”

The NGO Regavim’s Preserving the Eternal Project criticized the PA for damaging historical sites or attempting to erase Jewish heritage in areas under the PA’s control as well as in Area C and for failing to fulfill its obligations under the Oslo Accords to “protect and safeguard all archaeological sites,” including ensuring freedom of access to them. Regavim stated in September that constant vandalism and looting at historical sites in the West Bank “will be exacerbated if jurisdiction is transferred to the Palestinian Authority, which is intent on obliterating the physical record of Jewish connection to the Land of Israel…The physical remains of biblical history will be decimated under Palestinian custodianship.” Regavim identified sites the PA failed to protect or allow free access to, including the ancient synagogue at Samu’a; Tel Aromah in Area B; Mount Ebal (Tel al-Burnat) in Area C; Fatzalis, straddling Areas B and C; Sebastia or Ancient Samaria; and Archilaus. According to media, Israeli forces shot and killed a 15-year-old protestor during clashes with Palestinian protestors in response to a tour of Tel Aromah organized by Regavim and the Samaria Regional Council in March.

The Israeli government retained its previous regulations regarding visa issuance for foreigners to work in the West Bank, regulations Christian institutions said impeded their work by preventing many foreign clergy and other religious workers from entering and working. The government continued to limit Arab Christian clergy serving in the West Bank to single-entry visas, which local parish leaders said complicated needed travel to other areas under their pastoral authority outside the West Bank or Jerusalem, such as Jordan. Clergy, nuns, and other religious workers from Arab countries said they continued to face long delays in receiving visas and reported periodic denials of their visa applications. The government stated visa delays or denials were due to security processing and visitors from states without diplomatic relations with Israel. The Israeli government said during the year it did not receive any applications from clergy from states that did not maintain diplomatic relations with Israel and that religious workers from all countries working in the West Bank received visas that allow multiple entries. Officials from multiple churches expressed concerns that non-Arab visa applicants and visa-renewal applicants also faced long delays. While Christian clergy generally were able to obtain visas, Christian leaders said Israel’s visa and permit policy adversely affected schoolteachers and volunteers affiliated with faith-based charities working in the West Bank. In recent years, Israeli authorities issued permits for some Christians to exit Gaza to attend religious services in Jerusalem or the West Bank and for Muslims from the West Bank to enter Jerusalem for Ramadan. Due to COVID-19, Israeli authorities did not issue permits to Palestinians in the West Bank and Gaza to travel for Ramadan or Christmas during the year. The Israeli government said it did issue some permits for Gazan Christians to visit Israel and use Ben Gurion airport to travel abroad during Easter.

The Israeli NGO Gisha noted that while Israeli authorities did not issue permits to Gazans due to COVID-19, thereby essentially restricting them from being able to go to Israel or the West Bank except for urgent humanitarian cases, it permitted foreigners for much of the year to enter Israel for religious study and to attend weddings, funerals, and bat or bar mitzvahs. Furthermore, Israelis were able to move freely inside Israel as well as to and from settlements in the West Bank, including for religious worship and gatherings. Gisha said that even in previous years, religious travel from Gaza was extremely limited; no Muslims were issued permits for religious travel in 2019, according to Gisha and UN reports. In 2015, Israel issued 11,214 permits for Muslim worshippers to travel for Ramadan, Eid al-Fitr, or Friday prayers at the Haram al-Sharif/Temple Mount, which dropped to just 600 in 2017 and 2018, according to Gisha.

According to church officials, Israel continued to prohibit some Arab Christian clergy, including bishops and other senior clergy seeking to visit congregations or ministries under their pastoral authority, from entering Gaza. The Israeli government said it approved 64 of 83 requests during the year to visit Gaza for religious reasons from religious organizations and Palestinian residents of Jerusalem, including for individuals from 19 nationalities, including Egypt and Jordan.

According to the NGO HaMoked, there were approximately 10,000 Palestinians living in Israel, including Jerusalem, on temporary stay permits under the citizenship and entry law with no legal guarantee they could continue living with their families. There were also cases of Palestinian spouses of Palestinian residents living in East Jerusalem without legal status. Some Palestinian residents moved to Jerusalem neighborhoods outside the barrier to live with their nonresident spouse and children while maintaining Jerusalem residency. According to Christian religious leaders, this situation remained an especially acute problem for Christians because of their small population and consequent tendency to marry Christians from the West Bank or elsewhere (Christians who hold neither citizenship nor residency). A Christian religious leader expressed concern that this was a significant element in the continuing decline of the Christian population, including in Jerusalem, which negatively impacted the long-term viability of their communities.

According to NGOs, community members, and media commentators, factors contributing to Christian emigration included political instability; the inability to obtain residency permits for spouses due to the 2003 Law of Citizenship and Entry; limited ability of Christian communities in the Jerusalem area to expand due to building restrictions; difficulties Christian clergy experienced in obtaining Israeli visas and residency permits; loss of confidence in the peace process; and economic hardships created by the establishment of the barrier and the imposition of travel restrictions. The government stated such difficulties stemmed from the “complex political and security reality” and not from any restrictions on the Christian community.

While the law does not authorize the Israel Land Authority (ILA), which administers the 93 percent of the country in the public domain, to lease land to foreigners, in practice, foreigners were allowed to lease if they could show they would qualify as Jewish under the Law of Return. This public land includes approximately 12.5 percent owned by the Jewish National Fund (JNF), whose statutes prohibit sale or lease of land to non-Jews. The application of ILA restrictions historically limited the ability of Muslim and Christian residents of Jerusalem who were not citizens to purchase property built on state land, including in parts of Jerusalem. In recent years, however, an increasing number of Palestinian citizens in Jerusalem have acquired property built on ILA-owned land. Arab citizens are allowed to participate in bids for JNF land, but sources stated that the ILA will grant the JNF another parcel of land whenever an Arab citizen of Israel wins a bid. Despite a 2018 Supreme Court ruling that the ILA Executive Council must have representation of an Arab, Druze, or Circassian member to prevent discrimination against non-Jews, there were no members from these groups on the council at year’s end.

On June 24, the Jerusalem District Court denied a request by the Greek Orthodox Patriarchate to block the transfer of three properties in Jerusalem’s Old City to Ateret Cohanim, a Jewish prosettlement organization, which signed a 99-year lease for the properties in 2004. The court’s decision followed similar ruling by the Supreme Court in 2019 and a lower court in 2017. The Patriarchate had argued that its official who signed the lease was not authorized to do so. The Church filed the district court lawsuit after the Supreme Court decision, stating it had new evidence of corruption and fraud involving the sale. Following the decision, the Greek Orthodox Patriarchate released a statement saying it received the ruling with “surprise” and that “We believe the court erred in its decision and intend to launch an appeal at the Supreme Court.”

On July 7, 13 heads of churches and Christian communities in Jerusalem issued a joint statement that the court’s ruling on the three properties threatened the Christian presence in the city. The heads of the churches said that they stood united in their “commitment to safeguarding the historical status quo of the Holy Sites and rights of the churches which are universally recognized.” According to the statement, the case represented a “systematic attempt to undermine the integrity of the holy city, to obstruct the Christian pilgrim route, and to weaken the Christian presence in Jerusalem.” The heads of the churches called on the Israeli government “to act in order to safeguard the integrity of the Christian heritage and patrimony in the Old City, as well as the holy sites and the rights of the residents of the Christian Quarter of Jerusalem.”

At year’s end, Christians held minister-level positions in three PA ministries (Finance, Health, and Tourism) and the cabinet-level office of Deputy Prime Minister for Public Information.

The PA Ministry of Foreign Affairs publicly condemned killings and terrorist attacks in France “under the slogan of religion” following the beheading of a teacher who had displayed cartoons of the Prophet Mohammed in a class on free speech. The ministry rejected the killing of any human being regardless of his religion, nationality, or race, and stated, “Religion is innocent from such crimes that completely contradict the Islamic tolerant teachings.” The ministry also rejected insulting religious figures, symbols, and teachings and called for the prohibition of such insults through changes to national laws.

On January 10, a Catholic church, St. John the Baptist Chapel, near Qasr al-Yahud, located on the banks of the Jordan River, opened for prayer for the first time since the 1967 Six-Day War. The Israeli and Jordanian Armies laid approximately 6,500 landmines around the church during the 1967 and 1973 wars, resulting in its closure. Between 2018 and April, a British NGO, the HALO Trust, and Israeli authorities worked to clear the area of more than 1,150 landmines. A Catholic Church official specifically thanked Israeli President Reuven Rivlin for his support of the restoration efforts.

Actions of Foreign Forces and Nonstate Actors

Hamas, Palestinian Islamic Jihad (PIJ), and other militant and terrorist groups continued to be active in Gaza. Hamas remained in de facto political control of Gaza.

On October 13, a group of approximately 15 gunmen associated with the PIJ terrorist organization kidnapped and beat three worshippers from a mosque east of Khan Younis in Gaza during dawn prayers. According to media and NGO reports, the assailants targeted the victims because of a PIJ factional dispute. The kidnappers released all three victims, two of whom suffered broken bones, later that morning. Hamas stated it launched an investigation into the incident.

Hamas leaders and other militant groups continued to call for the elimination of the State of Israel, and some called for the killing of “Zionist Jews” and advocated violence through traditional and social media channels as well as during rallies and other events.

Hamas also continued to enforce restrictions on Gaza’s population based on its interpretation of Islam and sharia, including a judicial system separate from the PA courts. Hamas courts occasionally prohibited women from departing Gaza due to ongoing divorce or family court proceedings, despite having Israeli authorization to travel. Media outlets reported the Hamas-affiliated Islamic University of Gaza required hijabs for all females. Gazan civil society leaders said Hamas in recent years had moderated its restrictions on dress and gender segregation in public.

Palestinians in Gaza reported interference by Hamas in public schools at the primary, secondary, and university levels. Hamas reportedly interfered in teaching methodologies or curriculum deemed to violate Islamic identity, the religion of Islam, or “traditions” as defined by Hamas. Hamas also interfered if there were reports of classes or activities that mixed genders. UNRWA, however, reported no Hamas interference in the running of its Gaza schools.

Christian groups reported Hamas generally tolerated the small Christian presence in Gaza and did not force Christians to abide by Islamic law. According to media accounts, Hamas continued neither to investigate nor prosecute Gaza-based cases of religious discrimination, including reported anti-Christian bias in private sector hiring and in police investigations of anti-Christian harassment. Media reports quoted Gazan Christians as saying that Hamas generally did not impede private and communal religious activities for the Christian minority in Gaza. Hamas continued to not celebrate Christmas as a public holiday in Gaza, unlike in the West Bank.

On May 12, Hamas member of the defunct Palestinian Legislative Council Marwan Abu Ras said in an address uploaded to YouTube by the Palestine Islamic Scholars, “The criminal Zionist enemies of Allah occupy the al-Aqsa Mosque. They defile it day and night, kill Muslims, and violate the sanctity of Muslim women and holy places. Hating them is an obligation, according to the sharia.”

Senior Hamas official Mahmoud al-Zahhar, in an interview with Iran’s al-Alam TV discussing the establishment of diplomatic relations between Israel and some Arab states, said, “We cannot consider [normalization with Israel] to be ‘normal.’ It is a misleading term that is interchangeable with treason, or with stabbing the resistance in the back, or with betraying Allah and His Messenger. Particularly, and this is the central issue…This is primarily because it goes against what Allah revealed to the Prophet Muhammad…[The Quran says:] ‘Oh, believers do not…’ This is a total prohibition…‘Do not take the Jews and the Christians as allies…for they are allies of each other. Whosoever does so shall be counted as one of them.’ This means that normalization transfers anybody who normalizes with Israel from Islam to Judaism, from belief to heresy.”

In a July 3 interview on al-Aqsa TV, Nasser Maarouf of the Palestine Islamic Scholars Association said, “Millions of people were killed [in the two world wars], all because of these Jews, who ran wild, tyrannized the world, and spread corruption in it. Their corruption affects all walks of life. Look at the poverty all over the world. Look at the blood that is being spilled all over the world. Look at the honor of women being violated all over the world. If you check, you find that it is the Jews who are behind all that. They are the ones feeding all corruption on earth, and they are the ones financing it.”

In a rally in Gaza that was televised on July 9, Rajaa al-Halabi, head of the Hamas Women’s Movement, said, “These are the Jews. They are the ones who slayed the prophets, the ones who acted treacherously and violated [sanctities]…Indeed, my dear sisters, our conflict with the Zionist enemy is a matter of faith, not of borders. Needless to say, we will not make do with what we have here. We will not make do with partitioning the land and taking only a part of it. This land will be ours in its entirety, Allah willing, because our conflict with the Zionist enemy is an existential conflict, not a conflict about borders. This enemy, who came from all corners of the world, has no place here, but this is what Allah wanted for them… This is our fate, my beloved sisters – to be Allah’s hand on Earth, the hand that will finish off the Israelites, this Zionist enemy, Allah willing. Allah brought them here in droves, so that Palestine becomes their graveyard, Allah willing.”

Some Muslim students in Gaza continued to attend schools run by Christian institutions and NGOs.

International Religious Freedom Reports
Edit Your Custom Report

01 / Select a Year

02 / Select Sections

03 / Select Countries You can add more than one country or area.

U.S. Department of State

The Lessons of 1989: Freedom and Our Future