Legal Framework

The constitution establishes a secular state, prohibits religious discrimination, and provides for freedom of religious thought, expression, and practice, consistent with public order as established by law and regulations.

The Ministry of Defense through the gendarmes, generally in rural areas, and the Ministry of Interior through the police, generally in cities, have the authority to intervene in conflicts between religious groups to ensure public order and social peace, provided the intervention complies with the principle of state neutrality in religious affairs. On July 18, the government announced the police force and the gendarmerie would merge into a single entity under the Ministry of Interior effective January 1, 2018.

Persons who wish to form a religious group or establish a religious affiliation must register with the Ministry of Interior. Registration requirements include submission of administrative materials (including the applicant’s birth certificate, police record, request letter, copy of identification, and the group’s internal rules) and payment of a registration fee of 50,000 CFA francs ($89). If a group is not registered, the Ministry of Interior orders the closing of the religious facilities until the group registers.

By law, public schools may not provide religious instruction. Religious groups may establish private schools given the authorization of the state and may benefit from state subsidies.

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

Legal Framework

Under its broader protections of freedom of conscience, the constitution provides for freedom of thought and religion, the right to change religion or belief, and the right to manifest and propagate religion or belief in worship, teaching, practice, and observance. The constitution permits the government to restrict these rights in the interest of protecting the rights of other persons, national defense, public safety, public order, public morality, or public health when the restrictions are deemed “reasonably justifiable in a democratic society.” The government has never exercised this provision. The constitution’s provision of rights also prohibits discrimination based on creed.

The constitution permits every religious group to establish places for religious instruction at the group’s expense. The constitution prohibits requiring religious instruction, as well as requiring participation in religious ceremonies in a religion other than one’s own. The constitution also prohibits compelling an individual to take an oath that is contrary to that individual’s religious beliefs. The penal code criminalizes “hate speech” towards any person or group based on “race, tribe, place of origin, color or creed” with a maximum fine of 500 pula (BWP) ($51).

All organizations, including religious groups, must register with the government. To register, a group must submit its constitution to the registrar of societies section of the Ministry of Nationality, Immigration, and Gender Affairs. A group must register to conduct business, sign contracts, or open an account at a local bank. Any person who manages, assists in the management of, or holds an official position in an unregistered group is subject to a fine of up to 1,000 BWP ($100) and up to seven years in prison. Any member of an unregistered group is subject to penalties including fines up to 500 BWP ($51) and up to three years in prison.

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

Legal Framework

The constitution states the country is secular, and both it and other laws provide for the right of individuals to choose and change their religion and to practice the religion of their choice. The constitution states freedom of belief is subject to respect for law, public order, good morals, and “the human person.” Political parties based on religion, ethnicity, or regional affiliation are forbidden.

The law allows all organizations, religious or otherwise, to register with the Ministry of Territorial Administration, Decentralization, and Internal Security, which is in charge of religious affairs. The ministry, through the Directorate for Customary Affairs and Worship, monitors the implementation of standards for burial, exhumation, and transfer of the remains; helps organize religious pilgrimages; promotes and fosters interreligious dialogue and peace; and develops and implements measures for the erection of places of worship and the registration of religious organizations and religious congregations. The registration process usually takes approximately three to four weeks and costs less than 50,000 CFA francs ($89). Registration confers legal status but no specific obligations or benefits. Religious organizations are not required to register, but when they do so, failure to comply with applicable regulations required by all registered organizations may result in a fine of 50,000 to 150,000 CFA francs ($89 to $270).

Religious groups operate under the same regulatory framework for publishing and broadcasting as other entities. The Ministry of Territorial Administration and Decentralization may request copies of proposed publications and broadcasts to verify they are in accordance with the nature of the religious group as stated in their registration.

Religious teaching is not allowed in public schools. Muslim, Catholic, and Protestant groups operate private primary and secondary schools and some schools of higher education. By law, schools (religious or not) must submit the names of their directors to the government and register their schools with the Ministry of National Education and Literacy, but the government does not appoint or approve these officials.

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

Legal Framework

The constitution establishes a secular state; prohibits religious discrimination; recognizes freedom of thought, conscience, and religion; and provides for equal protection under the law regardless of religion. These rights may be limited by law in the general interest or to protect the rights of others, and may not be abused to compromise national unity, independence, peace, democracy, or the secular nature of the state, or to violate the constitution. The constitution prohibits political parties from preaching religious violence, exclusion, or hate.

The government recognizes and registers religious groups through the law covering nonprofit organizations, which states these organizations must register with the Ministry of Interior. There is a 20,000 Burundian franc ($12) fee for registration. Each religious group must provide the denomination or affiliation of the institution, a copy of its bylaws, the address of its headquarters in the country, an address abroad if the local institution is part of a larger group, and the names and addresses of the association’s governing body and legal representative. Registration also entails identifying any property and bank accounts owned by the religious group. The ministry usually processes registration requests within two to four weeks. Leaders of religious groups who fail to comply or who practice in spite of denial of their registration are subject to six months’ to five years’ imprisonment.

The law does not generally grant tax exemptions or other benefits to religious groups, with certain exceptions. Some religious and nonreligious schools have signed agreements with the government entitling them to tax exemptions when investing in infrastructure or purchasing school equipment and educational materials.

The official curriculum includes religion and morality classes for all secondary and primary schools. The program offers religious instruction for Catholicism, Protestantism, and Islam, although all classes may not be available if the number of students interested is insufficient in a particular school. Students are free to choose from one of these three religion classes or attend morality classes instead.

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

Legal Framework

The constitution establishes the state as secular, prohibits harassment or discrimination on grounds of religion, and provides for freedom of religion and worship.

The law on freedom of association governs relations between the government and religious groups. The government must approve religious groups or institutions as a prerequisite for lawful operation. Although the law prescribes no specific penalties for operating without official recognition, the government may suspend the activities of unauthorized groups. The government does not require indigenous religious groups to register, characterizing the practice of traditional religion as a private concern observed by members of a particular ethnic or kinship group or the residents of a particular locality.

To become an authorized entity, a religious group must legally qualify as a religious congregation, defined as “any group of natural persons or corporate bodies whose vocation is divine worship” or “any group of persons living in community in accordance with a religious doctrine.” The religious group must submit a request for authorization as a religious group, and include with it the group’s charter describing planned activities, names and functions of the group’s officials, and a declaration of commitment to comply with the law on freedom of association, to the relevant divisional (local-level) office. That office forwards the documents to the Ministry of Territorial Administration and Decentralization (MINATD). The MINATD reviews the file and sends it to the presidency with a recommendation to approve or deny. Authorization may be granted by presidential decree. Official authorization confers no general tax benefits but allows religious groups to receive real estate as a tax-free gift for the conduct of their activities and to gather publicly and worship. It also permits missionaries to receive visas with longer validity. Unauthorized religious groups may gather publicly and worship under a policy of “administrative tolerance” as long as public security and peace are not disturbed.

The MINATD may issue an order to suspend any religious group for “disturbing public order,” which is not defined in the law. The president may dissolve any previously authorized religious organization that “deviates from its initial focus.”

The Ministry of Basic Education and the Ministry of Secondary Education require private religious schools to comply with the same curriculum, infrastructure, and teacher training standards as state-operated schools. Unlike public schools, private schools may offer religious education.

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

Legal Framework

The constitution provides for freedom of religion under conditions set by law and equal protection under the law regardless of religion. It prohibits all forms of religious intolerance and “religious fundamentalism,” which is not defined in law. It specifies an oath of office for the head of state made “before God” that includes a promise to fulfill the duties of the office without any consideration of religion.

Religious groups, except for indigenous religious groups, are required to register with the Ministry of the Interior, Public Security, and Territorial Administration. To register, religious groups must prove they have a minimum of 1,000 members and their leaders have adequate religious education, as judged by the ministry.

The law permits the ministry to deny registration to any religious group it deems offensive to public morals or likely to disturb social peace, and to suspend the operation of registered religious groups if it finds their activities subversive. Registration is free and confers official recognition and certain benefits, such as customs duty exemptions for vehicles or equipment. There are no penalties prescribed for groups that fail to register.

The law does not prohibit religious instruction in public or private schools, but it is not part of the public school curriculum.

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