Section I. Religious Demography
The U.S. government estimates the total population at 35.7 million (midyear 2019 estimate). There are no reliable statistics available concerning the percentages of Sunni and Shia Muslims in the country; the government’s Central Statistics Office does not track disaggregated population data. According to the Pew Forum, Shia make up approximately 10-15 percent of the population.
According to religious community leaders, the Shia population, approximately 90 percent of whom are ethnic Hazaras, is predominantly Jaafari, but it also includes Ismailis. Other religious groups, mainly Hindus, Sikhs, Baha’is, and Christians, constitute less than 0.3 percent of the population. Sikh and Hindu leaders estimate there are 120 Sikh and Hindu families totaling approximately 550 individuals, down from 700 in 2018 and 1,300 individuals estimated in 2017, mostly in Kabul, with a few communities in Nangarhar and Ghazni Provinces. Hindu community leaders estimate there are 35 remaining Afghan Hindus, all male and primarily businessmen with families in other countries.
The Ahmadi Muslim community estimates it has 450 adherents nationwide, down from 600 in 2017. Reliable estimates of the Baha’i and Christian communities are not available. There are small numbers of practitioners of other religions, including one Jew.
Hazaras live predominantly in the central and western provinces as well as in Kabul; Ismaili Muslims live mainly in Kabul and in the central and northern provinces. Followers of the Baha’i Faith live predominantly in Kabul, with a small community in Kandahar. Ahmadi Muslims largely live in Kabul.
Section II. Status of Government Respect for Religious Freedom
The constitution declares Islam the official state religion and says no law may contravene the beliefs and provisions of the “sacred religion of Islam.” It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam. According to Article 2 of the constitution, followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law.”
The penal code outlines provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion. The penal code includes punishments for verbal and physical assaults on a follower of any religion and punishment for insults or distortions directed towards Islam, including in cyberspace. According to the General Directorate of Fatwas and Accounts of the Supreme Court, there were no cases filed during the year. An article in the penal code specifies what constitutes an insult to religion, stating, “A person who intentionally insults a religion or disrupts its rites or destroys its permitted places of worship shall be deemed as a perpetrator of the crime of insulting religions and shall be punished according to provisions of this chapter.” The penal code specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years. Article 817 of the penal code states, “A person who insults Islam using a computer system, program, or data, shall be imprisoned.”
Another article of the penal code states persons who forcibly stop the conduct of rituals of any religion, destroy or damage “permitted places of worship” (a term not defined by the code) where religious rituals are conducted, or destroy or damage any sign or symbol of any religion are subject to imprisonment of three months to one year or a fine ranging from 30,000 to 60,000 afghanis ($390-$770). In cases where killings or physical injury result from the disturbance of religious rites or ceremonies, the accused individual is tried according to crimes of murder and physical injury as defined by law.
While apostasy is not specifically provided for under the penal code, it falls under the seven offenses making up the hudood as defined by sharia. According to the penal code, perpetrators of hudood are punished according to Hanafi jurisprudence. According to Sunni Hanafi jurisprudence, which the constitution states shall apply “if there is no provision in the constitution or other laws about a case,” beheading is appropriate for male apostates, while life imprisonment is appropriate for female apostates, unless the individual repents. A judge may also impose a lesser penalty, such as short-term imprisonment or lashes, if doubt about the apostasy exists. Under Hanafi jurisprudence, the government may also confiscate the property of apostates or prevent apostates from inheriting property. This guidance applies to individuals who are of sound mind and have reached the age of maturity. Civil law states the age of maturity for citizens is 18, although it is 16 for females regarding marriage. Islamic law defines it as the point at which one shows signs of puberty, and puberty is usually applied as the marriageable age, particularly for girls.
Conversion from Islam to another religion is apostasy according to the Hanafi school of jurisprudence applicable in the courts. If someone converts to another religion from Islam, he or she shall have three days to recant the conversion. If the person does not recant, then he or she shall be subject to the punishment for apostasy. Proselytizing to try to convert individuals from Islam to another religion is also illegal according to the Hanafi school of jurisprudence, which is applied in the courts and subject to the same punishment.
Blasphemy, which may include anti-Islamic writings or speech, is a capital crime, according to the Hanafi school. Accused blasphemers, like apostates, have three days to recant or face death, although there is no clear process for recanting under sharia. Some hadiths (sayings or traditions that serve as a source of Islamic law or guidance) suggest discussion and negotiation with an apostate to encourage the apostate to recant.
According to a 2007 ruling from the General Directorate of Fatwas and Accounts under the Supreme Court, the Baha’i Faith is distinct from Islam and is a form of blasphemy. All Muslims who convert to it are considered apostates; Baha’is are labeled infidels.
Licensing and registration of religious groups are not required. Registration as a group (which gives the group the status of a council, known as a shura) or an association conveys official recognition and the benefit of government provision of facilities for seminars and conferences. By law, anyone who is 18 years of age or older may establish a social or political organization. Such an entity must have a central office as well as a charter consistent with domestic laws. Both groups and associations may register with the Ministry of Justice. The ministry may dissolve such organizations through a judicial order. Groups recognized as shuras may cooperate with one another on religious issues. Associations may conduct business with the government or the society as a whole.
A mass media law prohibits the production, reproduction, printing, and publishing of works and materials contrary to the principles of Islam or offensive to other religions and denominations. It also prohibits publicizing and promoting religions other than Islam and bans articles on any topic the government deems might harm the physical, spiritual, and moral well-being of persons, especially children and adolescents. The law instructs National Radio and Television Afghanistan, a government agency, to provide broadcasting content reflecting the religious beliefs of all ethnic groups in the country, all based on Islam. Some radio stations provide religious programming for Sunni Muslims, and a smaller number of radio stations provide religious programming for Shia Muslims. The law also obligates the agency to adjust its programs in light of Islamic principles as well as national and spiritual values.
According to the constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, as well as academic principles” and develop courses on religion based on the “Islamic sects” in the country. The national curriculum includes materials designed separately for Sunni-majority schools and Shia-majority schools, as well as textbooks that emphasize nonviolent Islamic terms and principles. The curriculum includes courses on Islam but not on other religions. Non-Muslims are not required to study Islam in public schools. The registration process for madrassahs requires a school to demonstrate it has suitable buildings, classrooms, accredited teachers, and dormitories if students live on campus. The Ministry of Hajj and Religious Affairs (MOHRA) registers madrassahs collocated with mosques, while the Ministry of Education (MOE) registers madrassahs not associated with mosques. In MOHRA-run madrassahs, students receive instruction, with one imam teaching approximately 50 to 70 children studying at various levels. Only certificates issued by registered madrassahs allow students to pursue higher education at government universities.
According to the law, all funds contributed to madrassahs by private or international sources must be channeled through the MOE.
The civil and penal codes derive their authority from the constitution. The constitution stipulates the courts shall apply constitutional provisions as well as the law in ruling on cases. For instances in which neither the constitution nor the penal or civil codes address a specific case, the constitution declares the courts may apply Hanafi Sunni jurisprudence within the limits set by the constitution to attain justice. The constitution also allows courts to apply Shia law in cases involving Shia followers. Non-Muslims may not provide testimony in matters requiring sharia jurisprudence. The constitution makes no mention of separate laws applying to non-Muslims.
A Muslim man may marry a non-Muslim woman, but the woman must first convert if she is not an adherent of one of the other two Abrahamic faiths – Christianity or Judaism. It is illegal for a Muslim woman to marry a non-Muslim man.
The government’s national identity cards indicate an individual’s religion, as well as nationality, tribe, and ethnicity. Individuals are not required to declare belief in Islam to receive citizenship.
The constitution requires the president and two vice presidents to be Muslim. Other senior officials (ministers, members of parliament, judges) must swear allegiance and obedience to the principles of Islam as part of their oath of office. No occasion to determine if this applies to non-Muslims has arisen since the constitution was adopted in 2004.
The constitution allows the formation of political parties, provided the program and charter of a party are “not contrary to the principles of the sacred religion of Islam.” The constitution states political parties may not be based on sectarianism.
The law mandates an additional seat in parliament’s lower house be reserved for a member of the Hindu and Sikh community. Four seats in the parliament are also reserved for Ismaili Muslims.
MOHRA is responsible for managing Hajj and Umrah pilgrimages, revenue collection for religious activities, acquisition of property for religious purposes, issuance of fatwas, educational testing of imams, sermon preparation and distribution for government-supported mosques, and raising public awareness of religious issues. MOHRA has an office dedicated to assisting the faith practices of religious minorities, specifically Sikhs and Hindus.
The country is a party to the International Covenant on Civil and Political Rights.
Representatives from the predominantly Shia Hazara community said promised government security and development initiatives in Shia-predominant areas were insufficient, symbolic measures and the government had not implemented them. Media reported members of the Shia community continued to state the government did not provide them with adequate protection from attacks by nonstate actors. The Ministry of Interior again promised to increase security around Shia mosques and authorized the arming of Shia civilians, under police authority, to provide extra security for Ashura. On August 27, Acting Minister of Interior Massoud Andarabi confirmed preparations were in place that involved integrating all the security forces. The minister stated he understood that ISIS-K posed a particular threat to the Shia community. According to the Shia community, the government distributed arms directly to the guards of Shia mosques in areas considered more targeted for attacks. Media reported the government arrested a group of three ISIS-K leaders just two days before the Shia community’s observance of Ashura in Kabul. Although National Directorate of Security (NDS) forces told the press these arrests thwarted attacks during Ashura, they provided no evidence these leaders were plotting to target the Shia community, and ISIS-K did not claim it had planned attacks. For the second year in a row, there were no reports of violence during Ashura processions.
As in the previous five years, there were no reports of government prosecutions for blasphemy or apostasy; however, individuals converting from Islam reported they continued to risk annulment of their marriages, rejection by their families and communities, loss of employment, and possibly the death penalty. Baha’is continued to be labeled as “infidels,” although they were not considered converts; as such, they were not charged with either crime.
The government again allowed both Sunnis and Shia to go on pilgrimages. The government set aside a number of Hajj slots for residents of each province, with the higher-population provinces receiving more slots, and with no sect-based discrimination in the distribution of slots. The government charged fees for Hajj participants to cover transportation, food, accommodation, and other expenses. MOHRA also continued to facilitate pilgrimages for Hindus and Sikhs to India, but it did not collect any revenue for or from non-Muslims. Ahmadi Muslims continued to report they chose not to interact with MOHRA because they feared MOHRA would deem them non-Muslims and forbid them from participating in the Hajj.
MOHRA officials said the ministry had no official statistics because it lacked the financial resources to generate a comprehensive registry of mullahs and mosques in the country. MOHRA continued to estimate that of the approximately 120,000 mullahs in the country, 6,000 registered mullahs were working directly for MOHRA at year’s end. They said registered mullahs working directly for MOHRA continued to receive an average monthly salary of 12,000 afghanis ($150) from the government. Mullahs of central mosques delivering special Friday sermons, or khatibs, were paid a salary of 14,000 afghanis ($180) by MOHRA. MOHRA again estimated 66,000 of the estimated 160,000 mosques in the country were registered.
MOHRA reported it continued to allocate a portion of its budget for the construction of new mosques, although local groups remained the source of most of the funds for the new mosques. Unless the local groups requested financial or other assistance from the ministry, they were not required to inform the ministry about new construction.
Hindu and Sikh groups again reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy, but per the law against conversion of Muslims, the government continued not to allow them to proselytize. Hindu and Sikh community members said they continued to avoid pursuing land disputes through the courts due to fear of retaliation, especially if powerful local leaders occupied their property.
Although the government provided land to use as cremation sites, Sikh leaders stated the distance from any major urban area and the lack of security in the region continued to make the land unusable. Hindus and Sikhs reported continued interference in their efforts to cremate the remains of their dead by individuals who lived near the cremation sites. In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals. The government promised to construct modern crematories for the Sikh and Hindu populations. Despite these challenges, community leaders acknowledged efforts by MOHRA to provide free water, electricity, and repair services for a few Sikh and Hindu temples, as well as facilitate visas for religious trips to India.
According to MOHRA, the ministry did not have access to most of the country, especially in districts, villages, and rural areas. MOHRA officials said there were up to hundreds or thousands of unregistered mosques and madrassahs located in Taliban-controlled areas. They said in rural areas and most villages, mosques were used as madrassahs, and because most mosques were not registered, most madrassahs were not either. According to MOHRA, there was no system or mechanism for opening a new madrassah, particularly at the district level and in villages. MOHRA officials said it did not have a database or information on the number of madrassahs or mosques, except for information on the number of mosques located at provincial or district centers with imams on the MOHRA’s payroll. According to the ministry, there were 4,500 registered madrassahs and “Quran learning centers” throughout the country. The government registered additional madrassahs during the year but did not report how many. More than 300,000 students were enrolled in these registered madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to MOHRA’s estimates.
Ministry officials said the government continued its efforts to raise awareness of the benefits of registering madrassahs, including recognition of graduation certificates and financial and material assistance, such as furniture or stationery. Government officials said they were concerned about their inability to supervise unregistered madrassas that could teach violent extremist curricula intolerant of religious minorities and become recruitment centers for antigovernment groups. In February the NDS arrested Kabul University lecturer Mawlai Mubashir Muslimyar on charges of encouraging approximately 16 students to carry out terrorist attacks targeting Shia Muslims. On June 30, two Kabul University sharia law faculty members were arrested by the NDS for promoting Salafist religious ideology and actively recruiting university students for ISIS-K.
Mosques continued to handle primary-level religious studies. Eighty MOE-registered public madrassahs offered two-year degree programs at the secondary level. An estimated 1,200 public madrassahs were registered with the MOE, each receiving financial support from the government. There were no estimates of unregistered madrassas available.
Ulema Council members continued to receive financial support from the state, although it officially remained independent from the government. The council also provided advice to some provincial governments; however, according to scholars and NGOs, most legal decision making in villages and rural areas continued to be based on local interpretations of Islamic law and tradition. President Ashraf Ghani and Chief Executive Abdullah Abdullah also held meetings with Ulema Council members on promoting intrafaith tolerance and “moderate practices” of Islam.
Minority religious groups reported the courts continued not to apply the protections provided to those groups by law, and the courts denied non-Muslims equal access to the courts and other legal redress, even when the non-Muslims were legally entitled to those same rights.
Representatives from non-Muslim religious minorities, including Sikhs and Hindus, reported a consistent pattern of discrimination at all levels of the justice system. As Taliban representatives engaged in peace process discussions, some Sikhs and Hindus expressed concern that in a postconflict environment, they might be required to wear yellow (forehead) dots, badges, or armbands, as the Taliban had mandated during its 1996-2001 rule. Non-Muslims said they continued to risk being tried according to Hanafi jurisprudence. Sikhs and Hindus again reported their community members avoided taking civil cases to court because they believed they were unprotected by dispute resolution mechanisms, such as the Special Land and Property Court. Instead, their members continued to settle disputes within their communities.
Leaders of both Hindu and Sikh communities continued to state they faced discrimination in the judicial system, including long delays in resolving cases, particularly regarding the continued appropriation of Sikh properties.
Some Shia continued to hold senior positions in the government, including Second Vice President Sarwar Danish; High Peace Council Chairman Karim Khalili; Minister of Transportation Mohammad Hamid Tahmasi; Minister of Telecommunication Mohammad Fahim Hashimi; and Minister of Refugees and Returnees Hussain Alemi Balkhi. Shia leaders, however, continued to state the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics. Sunni members of the Ulema Council continued to state, however, that Shia remained overrepresented in government based on Sunni estimates of the percentage of Shia in the population. According to some observers, Hazaras often faced discrimination based on their ethnicity and predominance in the country’s Shia population. Observers also said the country’s Shia were underrepresented in government not because of their religion, but because of their Hazara ethnicity.
A small number of Sikhs and Hindus continued to serve in government positions, including one at the municipal level, one at the Afghanistan Chamber of Commerce and Industries, one as a presidentially appointed member of the upper house of parliament, one as an elected member in the lower house, one as a presidential advisor, and one as a member of the Ministry of Transportation.
Although four Ismaili Muslims remained members of parliament, Ismaili community leaders continued to report concerns about what they called the exclusion of Ismailis from other positions of political authority.
The government continued to support the efforts of judicial, constitutional, and human rights commissions composed of members of different Islamic religious groups (Sunni and Shia) to promote Muslim intrafaith reconciliation. The Ministry of Women’s Affairs and MOHRA continued working toward their stated goal of gaining nationwide acceptance of the practice of allowing women to attend mosques. The Ulema Council, the Islamic Brotherhood Council, and MOHRA also continued their work on intrafaith reconciliation. Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.
The ONSC continued its work on addressing religiously motivated violent extremism, which included policies to foster religious tolerance. The ONSC continued to sponsor provincial-level conferences on religiously motivated violent extremism to collect data for use in its effort to develop a strategy to counter violent extremism. Government officials said the ONSC approved, and the president signed, an interministerial strategy in mid-September; however, it was not widely publicized due to “sensitivities surrounding the issue.” According to the ONSC, it continued to work on an action plan for implementation of the policy, which was expected to be finalized before the end of the year.
According to journalists, local observers, and UNAMA, attacks by ISIS-K and other insurgent groups continued to target specific religious and ethnoreligious groups, including the Hazara Shia. During the year, UNAMA documented a 48-percent decrease from 2018 in civilian casualties from attacks targeting places of worship, religious leaders, and worshippers – mainly due to a reduction in such attacks by ISIS-K. UNAMA recorded 20 attacks targeting places of worship, religious leaders, and worshippers, compared with 22 attacks in 2018. The attacks caused 236 civilian casualties (80 deaths and 156 injured), compared with 453 civilian casualties (156 deaths and 297 injured) in 2018. All were attributed to ISIS-K and other antigovernment elements. Despite the overall decrease, civilian casualties from these types of attacks by the Taliban more than doubled compared with 2018. Suicide attacks were again the leading type of attacks targeting places of worship, religious leaders, and worshippers, resulting in 127 civilian casualties (62 killed and 65 injured), compared with 402 casualties (136 killed and 266 injured) in 2018. In addition to suicide attacks, UNAMA documented six incidents of targeting places of worship, religious leaders, and worshippers with the use of nonsuicide IEDs, causing caused 88 civilian casualties (6 killed and 82 injured), compared with 35 civilian casualties (15 deaths and 20 injured) in 2018.
UNAMA continued to report high levels of ISIS-K-directed, sectarian-motivated violence targeting the Shia Muslim, mostly ethnic Hazara, population. It documented 10 incidents of sectarian-motivated violence against Shia Muslims resulting in 485 civilian casualties (117 killed and 368 injured), representing a 35 per cent decrease from such attacks, compared with 2018 when there were 19 incidents resulting in 747 civilian casualties (233 killed and 524 injured). ISIS-K claimed seven of the 10 incidents, stating its aim was to target the Shia Muslim religious minority. These seven incidents caused 473 civilian casualties (112 killed and 361 injured).
On August 17, ISIS-K attacked a wedding hall in a predominately Shia neighborhood of Kabul. According to UNAMA, this was the year’s deadliest attack, killing 91 persons and wounding 143 others, including 15 children killed and 25 injured. On March 7, ISIS-K fired mortar rounds towards a gathering to commemorate the killing of Hazara leader Abdul Ali Mazari, in the Mosalla-e-Mazari area of Kabul – causing 115 civilian casualties (11 killed and 104 injured). On July 5, ISIS-K also attacked a Shia mosque in Ghazni City. The detonation of a remote-controlled IED inside of the Mohammadiah Mosque resulted in 24 civilian casualties (two killed and 22 injured), mostly children. On October 8, ISIS-K detonated an IED in a classroom of Ghazni University classroom, targeting Shia students and causing 27 civilian casualties.
UNAMA also documented 17 civilian casualties (10 killed and seven injured) as a result of incidents in which religious leaders and worshippers were targeted and shot. On June 27, a religious scholar and acting head of the provincial Hajj and Religious Affairs Department was shot and killed by ISIS-K in Jalalabad, Nangarhar Province. Many other progovernment Islamic scholars were killed in attacks for which no group claimed responsibility. On July 6, two unknown gunmen on a motorcycle killed the chairperson of the local Shia Ulema Council in Kunduz after he made statements supportive of the Afghan government and the peace process.
According to media, antigovernment forces also targeted Sunni mosques. During the year, antigovernment forces carried out several deadly attacks on religious leaders, particularly those who spoke out against the Taliban. On June 28, in Samangan Province, the Taliban detonated a remote-controlled IED inside a mosque during Friday prayers, wounding 14 civilians. According to sources, the Taliban were targeting the mullah, who had praised ANDSF in previous services. Many progovernment Islamic scholars were killed in attacks during the year for which no group claimed responsibility. For example, on May 24, a remote-controlled IED placed inside the Al-Taqwa mosque in Kabul detonated while more than 700 individuals were gathered during Friday prayers. The explosives were positioned under the podium where a religious scholar, Mawlawi Rayhan, was leading prayers. The explosion killed him and two other civilians and injured 34 others. Rayhan was known as a supporter of the Afghan national security forces and a critic of the Taliban and ISIS-K. UNAMA attributed this incident to the Taliban.
On June 24, in the Nangarhar community of Qalatak, unidentified gunmen shot and killed Mawlawi Safiullah Hanafi, the imam of Qalatak’s central mosque, an Islamic schoolteacher and progovernment figure. President Ghani condemned the “inhumane attack on the wedding hall” and stated via Twitter, “My top priority for now is to reach out to the families of victims of this barbaric attack.” By year’s end, the government had not detained any individuals suspected of having been involved in these killings.
The Taliban continued to kill religious leaders and threaten them with death for preaching messages contrary to the Taliban’s interpretation of Islam or its political agenda. On May 26, unidentified armed men shot and killed Mawlawi Shabir Ahmad Hashem Kamawal, a well-known religious scholar and legal advisor for the International Legal Foundation for Afghanistan in Kabul who had called on the Taliban to end the fighting.
In several cases, the responsibility for attacks on progovernment religious leaders was unclear. In these instances, although no individual or group claimed responsibility for the attacks, local authorities said they suspected that ISIS-K or, less frequently, the Taliban were responsible. On October 18, at least 62 civilians were killed and another 58 wounded, including 20 children killed and 10 injured, following the bombing of a Sunni mosque in Deh Bala District, Nangarhar Province, during Friday prayers. No organization claimed responsibility for the attacks. The investigation continued at year’s end. On May 3, unknown gunmen shot and killed a progovernment religious scholar in the Behsod District, Nangarhar Province. As an official imam on the MOHRA payroll, the scholar was targeted for his support of the government, according to sources. No group claimed responsibility for the attack.
On March 3, an IED exploded at the Haji Chaman Mosque, injuring Mawlavi Rahimullah (the religious advisor to the president) and his bodyguard and killing his driver. On May 27, a magnetic IED attached to an official government shuttle bus belonging to MOHRA exploded, wounding 10 MOHRA employees. No group claimed responsibility for these attacks.
There continued to be reports of the Taliban and ISIS-K monitoring the social practices of local populations in areas under their control and imposing punishments on residents according to their respective interpretations of Islamic law. On October 6, the Taliban sentenced a young girl and boy to 40 lashings in Faryab Province for having several telephone conversations. According to media reports, in May a Taliban court in Shahrak District, Ghor Province, shot and killed an underage boy and girl for allegedly having an extramarital affair. In March media reported the Taliban killed a pregnant woman and her unborn child in Sancharak District, Sar-e-Pol Province, for allegedly calling the Taliban’s war against the government “illegitimate.” The Taliban dragged her from her home, took her to a Talib commander who issued her death sentence, and immediately shot her.
There were again reports of continued Taliban warnings to mullahs not to perform funeral prayers for government security officials. As a result, according to MOHRA officials, imams continued to state they feared performing funeral rites for ANDSF and other government employees. In August media reported the Taliban put pressure on local imams to cut relations with the government and speak in favor of the Taliban or face Taliban retribution. Local communities pointed out that inaction by Islamic clerics affected security force morale. MOHRA also reported difficulty in staffing registered mosques in insecure areas because of Taliban threats.
Social media reporting showed Taliban punishing individuals who did not fast during Ramadan. They publicly shamed these individuals by coloring their faces black, putting them on donkeys, or shaving their heads.
According to religious community leaders, some mullahs in unregistered mosques continued to preach in support of the Taliban or ISIS-K in their sermons.
There were continued reports of the Taliban and ISIS-K taking over schools in areas under their control and imposing their own curricula; however, it was difficult to obtain information in Taliban-controlled territory.
Section I. Religious Demography
The U.S. government estimates the total population at 3.1 million (midyear 2019 estimate). According to the most recent census, conducted in 2011, Sunni Muslims constitute nearly 57 percent of the population, Roman Catholics 10 percent, members of the Autocephalous Orthodox Church of Albania nearly 7 percent, and members of the Bektashi Order (a form of Shia Sufism) 2 percent. Other groups include Protestant denominations, Baha’is, Jehovah’s Witnesses, The Church of Jesus Christ of Latter-day Saints, and a small Jewish community. Nearly 20 percent of respondents declined to answer the optional census question about religious affiliation.
Section II. Status of Government Respect for Religious Freedom
The constitution stipulates there is no official religion, recognizes the equality of all religious communities, and articulates the state’s duty to respect and protect religious coexistence. It declares the state’s neutrality in questions of belief and recognizes the independence of religious groups. According to the constitution, relations between the state and religious groups are regulated by agreements between these groups and the Council of Ministers and ratified by the parliament.
The constitution prohibits religious discrimination and guarantees freedom of conscience, religion, and free expression. It affirms the freedom of all individuals to choose or change religion or beliefs and to express them individually, collectively, in public, or in private. The constitution states individuals may not be compelled to participate in or be excluded from participating in a religious community or its practices, nor may they be compelled to make their beliefs or faith public or be prohibited from doing so. It prohibits political parties and other organizations whose programs incite or support religious hatred. The criminal code prohibits interference in an individual’s ability to practice a religion and prescribes punishments of up to three years in prison for obstructing the activities of religious organizations or for willfully destroying objects or buildings of religious value.
By law, the Office of the Commissioner for Protection from Discrimination receives and processes discrimination complaints, including those concerning religious practice. The law specifies the State Committee on Religion, under the jurisdiction of the Office of the Prime Minister, regulates relations between the government and religious groups, protects freedom of religion, and promotes interfaith cooperation and understanding. The law also directs the committee to maintain records and statistics on foreign religious groups that solicit assistance and to support foreign employees of religious groups in obtaining residence permits.
The government has agreements with the Sunni Muslim and Bektashi communities, the Catholic and Orthodox Churches, and the VUSH. These bilateral agreements codify arrangements pertaining to official recognition, property restitution, tax exemptions on income, donations and religious property, and exemption from submitting accounting records for religious activities. A legal provision enacted in 2009 directs the government to provide financial support to the four religious communities with which it had agreements at the time. This provision of the law does not include the VUSH, whose agreement with the government dates from 2011. There is no provision of the law to provide VUSH with financial support from the government.
The 2016 law that established the ATP imposed a three-year deadline for the agency to address claims by all claimants, including religious groups, for properties confiscated during the communist era. As of February, ATP’s jurisdiction in these cases ceased and the law requires the ATP to forward open cases to the court system for judicial review. Religious communities must take their cases to court for judicial review, as must all other claimants.
The law allows religious communities to run educational institutions as well as build and manage religious cemeteries on land the communities own.
Public schools are secular, and the law prohibits instruction in the tenets of a specific religion, but not the teaching of the history of religion or comparative religions as part of a humanities curriculum. Private schools may offer religious instruction. Religious communities manage 114 educational institutions, including universities, primary and secondary schools, preschools, kindergartens, vocational schools, and orphanages. By law, the Ministry of Education, Youth, and Sport must license these institutions, and nonreligious curricula must comply with national education standards. Catholic, Muslim, Orthodox, and VUSH communities operate numerous state-licensed kindergartens, schools, and universities. Most of these do not have mandatory religion classes but offer them as an elective. The AIC runs six madrassahs that teach religion in addition to the state-sponsored curriculum.
The country is a party to the International Covenant on Civil and Political Rights.
The government continued the process of legalizing unofficial mosques, Catholic and Orthodox churches, and tekkes (Bektashi centers of worship) built after the 1990s. The Agency for the Legalization, Urbanization, and Integration of Informal Construction (ALUIZNI) reported that through September it legalized 135 religious buildings, including four Catholic churches, 71 mosques, 12 Orthodox churches, and 48 tekkes. There were some discrepancies between the figures reported by ALUIZNI and those of the religious communities. The AIC reported it obtained legalization papers for 245 legalized mosques out of 850 applications remaining. The Orthodox Church reported that during this year ALUIZNI considered 13 of its requests for objects in Tirana and legalized two of them.
The AIC expressed concern that ALUIZNI only gave it title to the buildings and not to the land. ALUIZNI reported that it compensated the AIC with 231.6 square meters (2,500 square feet) and the Bektashi community with 1,320.7 square meters (14,200 square feet) of new land in exchange for land illegally occupied by unpermitted construction. In addition, ALUIZNI issued titles for religious buildings constructed on government or third-party land. ALUIZNI also issued titles, thereby legalizing ownership, for 1,569.7 square meters (16,900 square feet) of land to the AIC, 1,303 square meters (14,000 square feet) of land to the Bektashi, and 227.7 square meters (2,450 square feet) of land to the Orthodox Church.
The ATP reported that it rejected 150 claims for title to land and compensation through February. The ATP typically rejected claims because material documents were missing from the claimant’s file or due to competing claims for the same property, over which the courts rather than the ATP have jurisdiction. The ATP ceded jurisdiction on the remaining 401 cases to the court system, as required by law. Religious communities brought court actions on 71 of those 401 cases. The AIC, Bektashi, and the Orthodox Church expressed concerns about court proceedings, which required them to begin their claims again in a new forum.
The AIC reported it had applied in early 2018 for a permit to build a campus for Beder University to save funds spent on renting the university’s current facilities, but the government has not issued the permit or explained the delay.
Bektashi leaders reported construction continued on two places of worship in Gjirokaster, one in Permet, and one in Elbasan, and the government legalized four tekkes and other Bektashi facilities in Elbasan. The Bektashi community reported it continued to have problems with local registration offices in Gjirokaster regarding one property, stating the registration process was slow, bureaucratic, and vulnerable to corruption. The Bektashi community expressed concerns that ALUIZNI had legalized nonreligious buildings on Bektashi property. The Ministry of Finance, according to the Bektashi community, did not reimburse it for the value-added tax paid for the 2016 construction of a multipurpose center at the World Bektashi Headquarters in Tirana, even though they said the law required the reimbursement. The Orthodox Church also raised concern about paying approximately 25 million leks ($31,000) in value-added tax as well as paying other taxes and fees, and stated those payments violated the agreement with the government.
The Bektashi community stated the State Advocate unfairly challenged title to properties in Berdanesh and Ksamil. The community received a favorable ruling on title for the property in Berdanesh, while the claim for the Ksamil property remained in the court system at year’s end.
The VUSH reported it had asked the government in March 2017 for land to build a main church similar to the main cathedrals and mosques of other faith communities but had not received an answer.
The VUSH reported it continued to have problems registering the property of one of its churches with the local registration office in Korca. The VUSH also stated the Tirana municipal government unlawfully issued a permit for construction of residential and commercial buildings on VUSH land.
Leaders of the five main religious groups expressed concern with a pilot project curriculum for teaching religion as part of the humanities curriculum for sixth and 10th grade students, which started in 2016 but stalled. They stated they were concerned because they did not participate in the drafting and were never informed about the results of the piloting stage or the postpilot plans for the project.
The State Committee on Religion and the AIC expressed concern that the government continued not to recognize diplomas received from foreign institutions in theology and religious studies. The AIC reported the government in November accredited the religious studies program of the AIC’s Beder University, the only university in the country offering degrees in Islamic studies, for another five years.
VUSH leaders stated the central government continued to exempt the organization from property taxes on its churches, but local authorities imposed fees they said were not taxes. The VUSH continued to dispute the municipalities’ position.
The Catholic, Sunni Muslim, Orthodox, and Bektashi communities reported their total government financial support was 109 million leks ($1.01 million), the same level since at least 2015. The Sunni Muslim community continued to receive approximately 29 percent of the funding, while the remaining three each continued to receive 23.6 percent. The communities continued to use the funds to cover part of the salaries for administrative and educational staff. The Bektashi community, which had fewer staff members than the others, continued to use part of these funds for new places of worship.
The VUSH continued to state that, although the organization still was unable to obtain a formal written agreement with the government on receiving financial support, in 2018 the State Committee on Religion provided a written commitment to advocate for extending financial support to evangelical Christian churches. Although the committee submitted a request for financial support to the government in 2018, the VUSH reported it had not received any funds.
The five religious communities expressed appreciation for the State Committee on Religion’s engagement with them. The VUSH, however, also expressed concern that the government and some media outlets showed indifference towards it in comparison with other faith communities, stating the government sent officials to attend iftars during election years but did not attend non-Islamic holy day ceremonies.
The Council of Ministers again did not finish adopting regulations to implement a 2017 law providing additional protection for minority rights, including freedom of religion.
A State Committee on Religion census of religious organizations conducted during the year counted 611 groups, including 248 foundations, 323 religiously related nongovernmental organizations (NGOs), and 40 centers. The AIC has one foundation, while the Orthodox Church has three. The Catholic Church has 16 foundations and NGOs, while the VUSH has 160.
In June the Office of the President and the Embassy of the Netherlands held an international conference on interfaith dialogue in Tirana that addressed interreligious harmony as a factor in social stability and policies for managing religious diversity. In his opening remarks, President Ilir Meta said that he was proud that his country was “based on the coexistence and harmony of religious communities.”
On November 18 and 19, the Office of the President held a regional conference on advancing religious freedom, following through on a commitment to hold a follow-on, regional event after the July Ministerial to Advance Religious Freedom.
Section I. Religious Demography
The U.S. government estimates the total population at 42.3 million (midyear 2019 estimate), more than 99 percent of whom are Sunni Muslims following the Maliki school. Religious groups together constituting less than 1 percent of the population include Christians, Jews, Ahmadi Muslims, Shia Muslims, and a community of Ibadi Muslims residing principally in the province of Ghardaia. Some religious leaders estimate there are fewer than 200 Jews.
The Christian community includes Roman Catholics, Seventh-day Adventists, Methodists, members of the Protestant Church of Algeria (EPA), Lutherans, the Reformed Church, Anglicans, and an estimated 1,000 Egyptian Coptic Christians. Religious leaders’ unofficial estimates of the number of Christians range from 20,000 to 200,000. According to the Christian advocacy nonprofit organization Open Doors USA, there are approximately 125,000 Christians. According to government officials and religious leaders, foreign residents make up most of the Christian population. Among the Christian population, the proportion of students and immigrants from sub-Saharan Africa without legal status has also increased in recent years. Christian leaders say citizens who are Christians predominantly belong to Protestant groups.
Christians reside mostly in Algiers, the Kabilye region in Bejaia, and the provinces of Tizi Ouzou, Annaba, Ouargla, and Oran.
Section II. Status of Government Respect for Religious Freedom
The constitution declares Islam to be the state religion and prohibits state institutions from engaging in behavior incompatible with Islamic values. The constitution provides for freedom of worship in accordance with the law and states freedom of conscience and freedom of opinion are inviolable.
The law does not prohibit conversion from Islam, but proselytizing Muslims by non-Muslims is a criminal offense. The law prescribes a maximum punishment of one million dinars ($8,400) and five years’ imprisonment for anyone who “incites, constrains, or utilizes means of seduction intending to convert a Muslim to another religion; or by using establishments of teaching, education, health, social, culture, training … or any financial means.” Making, storing, or distributing printed documents or audiovisual materials with the intent of “shaking the faith” of a Muslim is also illegal and subject to the same penalties.
The law criminalizes “offending the Prophet Muhammad” or any other prophets. The penal code provides a punishment of three to five years in prison and/or a fine of 50,000 to 100,000 dinars ($420-$840) for denigrating the creed or prophets of Islam through writing, drawing, declaration, or any other means. The law also criminalizes insults directed at any other religion, with the same penalties.
The law grants all individuals the right to practice their religion as long as they respect public order and regulations.
The constitution establishes a High Islamic Council and states the council shall encourage and promote ijtihad (the use of independent reasoning as a source of Islamic law for issues not precisely addressed in the Quran) and express opinions on religious questions presented for its review. The president appoints the members of the council and oversees its work. The constitution requires the council to submit regular reports to the president on its activities. A presidential decree further defines the council’s mission as taking responsibility for all questions related to Islam, for correcting mistaken perceptions, and for promoting the true fundamentals of the religion and a correct understanding of it. The council may issue fatwas at the request of the president.
The law requires any group, religious or otherwise, to register with the government as an association prior to conducting any activities. Under the Associations Law passed in 2012, all organizations previously registered were required to reregister with the government. The Ministry of Interior (MOI) grants association status to religious groups; only registered associations are officially recognized. The MOI’s registration requirements for national-level associations stipulate the founding members must furnish documents proving their identities, addresses, and other biographic details; provide police and judicial records to prove their good standing in society; demonstrate they have founding members residing in at least one quarter of the country’s provinces to prove the association merits national standing; submit the association’s constitution signed by its president; and submit documents indicating the location of its headquarters. The law requires the ministry to provide a receipt for the application once it has received all the required documentation and to respond within 60 days of submission of the completed application. The law states applicants are de facto approved if the ministry does not decide within the 60-day limit. The law grants the government full discretion in making registration decisions but provides applicants an opportunity to appeal a denial to an administrative tribunal. For associations seeking to register at the local or provincial level, application requirements are similar, but the association’s membership and sphere of activity is strictly limited to the area in which it registers. An association registered at the wilaya (provincial) level is confined to that specific wilaya (province).
The MRA has the right to review registration applications of religious associations, but the MOI makes the final decision. The law, however, does not specify additional requirements for religious associations or further specify the MRA’s role in the process.
The National Committee for Non-Muslim Worship, a government entity, is responsible by law for facilitating the registration process for all non-Muslim groups. The MRA presides over the committee, composed of senior representatives of the Ministries of National Defense, Interior, and Foreign Affairs, the presidency, national police, national gendarmerie, and the governmental National Human Rights Council (CNDH).
The constitution requires a presidential candidate to be Muslim. Individuals of other faiths than Islam may hold other public offices and work within the government.
The law prohibits religious associations from receiving funding from political parties or foreign entities. The constitution prohibits the establishment of political parties based on religion. Membership in the Islamic Salvation Front, a political party banned since 1992, remains illegal.
The law specifies the manner and conditions under which religious services, Muslim or otherwise, must take place. The law states religious demonstrations are subject to regulation and the government may shut down any religious service taking place in private homes or in outdoor settings without official approval. With the exception of daily prayers, which are permissible anywhere, Islamic services may take place only in state-sanctioned mosques. Friday prayers are further limited to certain specified mosques. Non-Islamic religious services must take place only in buildings registered with the state for the exclusive purpose of religious practice, be run by a registered religious association, open to the public, and marked as such on the exterior. A request for permission to observe special non-Islamic religious events must be submitted to the relevant wali (governor) at least five days before the event, and the event must occur in buildings accessible to the public. Requests must include information on three principal organizers of the event, its purpose, the number of attendees anticipated, a schedule of events, and its planned location. The individuals identified as the event’s organizers also must obtain a permit from the wali. The wali may request the organizers move the location of an event or deny permission for it to take place if he deems it would endanger public order or harm “national constants,” “good mores,” or “symbols of the revolution.” If unauthorized meetings go forward without approval, police may disperse the participants. Individuals who fail to disperse at the behest of police are subject to arrest and a prison term of two to 12 months under the penal code.
The penal code states only government-authorized imams, whom the state hires and trains, may lead prayers in mosques and penalizes anyone else who preaches in a mosque with a fine of up to 100,000 dinars ($840) and a prison sentence of one to three years. Fines as high as 200,000 dinars ($1,700) and prison sentences of three to five years are stipulated for any person, including government-authorized imams, who acts “against the noble nature of the mosque” or in a manner “likely to offend public cohesion, as determined by a judge.” The law states such acts include exploiting the mosque to achieve purely material or personal objectives or with a view to harming persons or groups.
By law, the MRA provides financial support to mosques and pays the salaries of imams and other religious personnel, as well as for health care and retirement benefits. The law also provides for the payment of salaries and benefits to non-Muslim religious leaders who are citizens. The Ministry of Labor regulates the amount of an individual imam’s or mosque employee’s pay, and likewise sets the salaries of citizen non-Muslim religious leaders based on their position within their individual churches.
The Ministries of Religious Affairs, Foreign Affairs, Interior, and Commerce must approve the importation of all religious texts and items, except those intended for personal use. Authorities generally consider “importation” to be approximately 20 or more religious texts or items.
The law gives authorities broad power to ban books that run counter to the constitution, “the Muslim religion and other religions, national sovereignty and unity, the national identity and cultural values of society, national security and defense concerns, public order concerns, and the dignity of the human being and individual and collective rights.” A 2017 decree establishes a commission within the MRA to review importation of the Quran. This decree requires all applications to include a full copy of the text and other detailed information about the applicant and text. The ministry has three to six months to review the text, with the absence of a response after that time constituting a rejection of the importation application. A separate 2017 decree covering religious texts other than the Quran states, “The content of religious books for import, regardless of format, must not undermine the religious unity of society, the national religious reference, public order, good morals, fundamental rights and liberties, or the law.” The importer must submit the text and other information, and the ministry must respond within 30 days. A nonresponse after this period is considered a rejection. Religious texts distributed without authorization may be seized and destroyed.
The law states the government must approve any modification of structures intended for non-Islamic collective worship.
The family code prohibits Muslim women from marrying non-Muslim men unless the man converts to Islam. The code does not prohibit Muslim men from marrying non-Muslim women. Under the law, children born to a Muslim father are considered Muslim regardless of the mother’s religion. In the event of a divorce, a court determines the custody of any children.
The Ministries of National Education and Religious Affairs require, regulate, and fund the study of Islam in public schools. Religious education focuses on Islamic studies but includes information on Christianity and Judaism and is mandatory at the primary and secondary school levels. The Ministry of National Education requires private schools to adhere to curricula in line with national standards, particularly regarding the teaching of Islam, or risk closure.
The law states discrimination based on religion is prohibited and guarantees state protection for non-Muslims and for the “toleration and respect of different religions.” It does not prescribe penalties for religious discrimination.
The CNDH monitors and evaluates human rights issues, including matters related to religious freedom. The law authorizes the CNDH to conduct investigations of alleged abuses, issue opinions and recommendations, conduct awareness campaigns, and work with other government authorities to address human rights issues. The CNDH may address religious concerns to appropriate government offices on behalf of individuals or groups it believes are not being treated fairly. The CNDH does not have the authority to enforce its decisions but may refer matters to the relevant administrative or criminal court. It submits an annual report to the president, who appoints the agency’s members.
The government does not register religious affiliations of the citizenry and does not print religious affiliations on documents such as national identification cards.
By law, individuals who have converted from Islam to another religion are ineligible to receive an inheritance via succession.
The country is a party to the International Covenant on Civil and Political Rights.
On May 28, prominent Mozabite Ibadi Muslim human rights activist Kamel Eddine Fekhar died following a nearly 60-day hunger strike. He had been in pretrial detention since his arrest on March 31 for “incitement of racial hatred” for a Facebook post in which he accused local officials in Ghardaia of discriminatory practices, such as more frequent arrests, questioning, and harsher sentences, towards Ibadi Muslims. An AP report stated that Fekhar also was known for his work on behalf of the country’s minority populations, including Christians. In late May his health deteriorated, and prison authorities transferred him to a hospital in Blida on May 27. The Ministry of Justice opened an in-depth investigation on May 29 into the circumstances of Fekhar’s death but did not release its findings by year’s end. Civil society organizations and human rights activists called for updates regarding the investigation and for charges against Ghardaia authorities to no avail.
The government continued to enforce the ban on proselytizing by non-Muslim groups. According to media reports, authorities continued to arrest, jail, and fine several Christians on charges of proselytizing by non-Muslims, which prompted churches to restrict some activities unrelated to proselytizing, such as the distribution of religious literature and holding of events in local community centers that Muslims might attend. On June 20, a court in Akbou, Bejaia handed down a 50,000 dinar ($420) fine to an unnamed Christian for the “exercise of non-Muslim worship without authorization.” The prosecutor had requested a two-year prison sentence. According to media reports, a group of Christians held Sunday services in a tent after authorities closed the EPA-affiliated “Church of Refuge” in October 2018.
Morning Star News reported on June 16 a judge gave a Christian man in Mostaganem who converted from Islam a two-month suspended prison sentence and fined him 100,000 dinars ($840). According to Morning Star News, the man invited a Christian couple to his home to pray.
According to Morning Star News, on April 17, a court in Tizi Ouzou upheld a previous court’s acquittal of Rachid Ouali, who had converted from Islam to Christianity. Ouali was one of five individuals acquitted by a court in Bouira on December 25, 2018 on charges of “inciting a Muslim to change his religion” and “performing religious worship in an unauthorized place.” Ouali’s charges regarding his Christian faith were brought before a judge a second time as part of his divorce proceedings. According to Morning Star News, Ouali’s Muslim wife (who subsequently divorced him) had filed a complaint in July 2018 accusing the five individuals of having brought her to a church service and trying to persuade her to convert to Christianity.
Morning Star News reported on February 27, a court upheld an unnamed man’s December 30, 2018 acquittal of charges of undermining Islam. The man’s wife filed charges against him of undermining Islam in 2017 after he converted to Christianity.
Ahmadi leaders stated there were 286 cases against community members pending with the Supreme Court as of the end of the year. Charges included operating an unregistered religious association, collecting funds without authorization, and holding prayers in unauthorized locations. Community representatives said in some cases police confiscated passports and educational diplomas and in others employers placed Ahmadi Muslims under investigation on administrative leave. Ahmadi representatives stated they believed these individuals would appear before the Supreme Court in the next three to six years and that in the meantime, they would be prevented from employment. At year’s end, there were no reports of Ahmadi Muslims imprisoned on charges related to their faith.
According to the MOI, religious associations were de facto registered if the ministry did not reject their applications within 60 days of submission and that if the ministry considered the application incomplete, it did not issue a receipt for the application. NGOs and Ahmadiyya Muslim religious leaders said the MOI routinely failed to provide them with a receipt acknowledging they had submitted a completed registration application. Ahmadis reported they continued to receive no government response to their outstanding request to meet with Minister of Religious Affairs Youcef Belmehdi or another senior ministry official to discuss their registration concerns.
The Ahmadi community continued to report administrative difficulties and harassment since the community is not a registered association and is unable to meet and collect donations. Members of the community said it tried to register with the MRA and Ministry of Interior (MOI) as a Muslim group in 2012 and 2016, but the government rejected its applications because it regards Ahmadis as non-Muslims. The government said in September it would approve the community’s registration as non-Muslims, but the Ahmadis said they would not file as anything but Muslims.
In 2014, the EPA and the Seventh-day Adventist Church submitted paperwork to renew their registrations that had been issued prior to the passage of the 2012 Associations Law but as of year’s end had still not received a response from the MOI. According to a pastor associated with the EPA, the Church resubmitted its 2014 application in 2015, but was never reregistered despite several follow-ups with the government.
Some religious groups stated they functioned as registered 60 days after having submitted their application, even though they had not received an MOI confirmation. Such groups stated, however, that service providers, such as utilities and banks, refused to provide services without proof of registration. As a result, these groups faced the same administrative obstacles as unregistered associations. They also had limited standing to pursue legal complaints and could not engage in charitable activities, which required bank accounts.
Most Christian leaders stated they had no contact with the National Committee for Non-Muslim Worship, despite its legal mandate to work with them on registration, since its establishment in 2006. Other MRA officials, however, met with Christian leaders to hear their views periodically during the year, including receiving complaints about the registration process. Christian leaders continued to say some Protestant groups avoided applying for recognition and instead operated discreetly because they lacked confidence in the registration process. In a joint statement to the UN Human Rights Council on September 18, the World Evangelical Alliance, the World Council of Churches, Christian Solidarity Worldwide, and the Jubilee Campaign, in association with the EPA expressed “grave concern at the ongoing closure of Protestant churches in Algeria,” and stated that “authorities continue to refuse to recognize both the umbrella organization of the Protestant churches [the EPA] and churches which requested to be registered locally.” The statement also said that the MRA “has not issued a single permit” [since passage of the law] to approve church buildings. According to the statement, this lefts churches in the country in “a legal grey zone of non-recognition, giving authorities the latitude to close one building after another.”
According to media reports and EPA statements, during the year the government closed nine churches, compared to eight church closures between November 2017 and December 2018. The government also closed one Christian bookstore. All were affiliated with the EPA. Media reported eight EPA-affiliated church closures occurred in September and October. At year’s end, 14 churches affiliated with the EPA in the provinces of Bejaia and Tizi Ouzou and one non-EPA church in Tizi Ouzou remained closed.
The government said the churches it closed were operating without government authorization, illegally printing evangelical publications, and failing to meet building safety codes. On October 23, Minister of Interior and Local Administration Salah Eddine Dahomoune told media, “We closed 49 chicken coops and warehouses unlicensed to practice Christian rites.”
Police closed the Protestant Church of the Full Gospel in Tizi Ouzou, which Human Rights Watch described as the largest Protestant church in the country, on October 15. The church posted a video on Facebook showing police interrupting the service, pulling congregants from their chairs and forcing them out of the building. According to one media report, while closing the church, police hit Pastor Salah Chalah, who is also the head of the EPA, striking him with a baton. According to NGOs, on October 17, police arrested 17 Christians in front of the Tizi Ouzou governorate, where they had staged a peaceful sit-in to protest the church closure.
Some Christian citizens said they continued to use homes or businesses as “house churches” due to government delays in issuing the necessary legal authorizations. Other Christian groups, particularly in the Kabylie region, reportedly held worship services more discreetly.
According to the MRA, the government continued to allow government employees to wear religious clothing including the hijab, crosses, and the niqab. Authorities continued to instruct some female government employees, such as security force members, not to wear head and face coverings that they said could complicate the performance of their official duties.
On March 17, then-minister of religious affairs Mohamed Aissa informed clerics that they would no longer be required to submit texts of their sermons to authorities for approval. MRA officials said the government did not regularly prescreen and approve sermons before imams delivered them during Friday prayers. They also stated the government sometimes provided preapproved sermon topics for Friday prayers to address the public’s concerns following major events or to encourage civic participation through activities such as voting in elections. The MRA said it did not punish imams who did not discuss the suggested sermon topics.
MRA officials said the government continued to monitor the sermons delivered in mosques. According to MRA officials, if a ministry inspector suspected an imam’s sermon was inappropriate, particularly if it supported violent extremism, the inspector had the authority to summon the imam to a “scientific council” composed of Islamic law scholars and other imams who assessed the sermon’s “correctness.” The government could decide to relieve an imam of duty if he was summoned multiple times. The government also monitored activities in mosques for possible security-related offenses, such as recruitment by extremist groups, and prohibited the use of mosques as public meeting places outside of regular prayer hours.
According to Open Doors USA, a U.S. NGO, officials from the country’s intelligence services were frequently present at church services.
On April 14, Minister of Religious Affairs Belmehdi allowed mosque management committees to meet. The previous minister had halted their work in June 2018, stating extremist groups had infiltrated the committees.
According to Catholic representatives, the government granted permits for the importation of Catholic religious texts during the year, including Catholic literature and Bibles. The EPA received import authorization for an order of Bibles and religious literature placed in 2017. Out of 10,000 books, the EPA received 2,000 Bibles and 2,600 copies of the New Testament. Both included versions in French, Arabic, English, and Tamazight. According to the EPA, it had not received details on the remaining books ordered.
Non-Islamic religious texts, music, and video media continued to be available on the informal market, and stores and vendors in the capital sold Bibles in several languages, including Arabic, French, and Tamazight. On January 13, the government approved the first versions of the Quran in the Berber language, Tamazight, in the Arabic script.
The government continued to enforce its prohibition on dissemination of any literature portraying violence as a legitimate precept of Islam.
Christian leaders said courts were sometimes biased against non-Muslims in family law cases, such as divorce or custody proceedings.
According to religious community leaders, some local administrations did not always verify religions before conducting marriage ceremonies. As such, some couples were able to marry despite the family code prohibition against Muslim women marrying non-Muslim men.
Sources stated Christian leaders were able to visit Christians in prison, regardless of the nature of their offense.
Both private and state-run media continued to produce reports throughout the year examining what they said were foreign ties and dangers of religious groups, such as Shia Muslims, Ahmadi Muslims, and Salafists.
Church groups continued to say the government did not respond in a timely fashion to their requests for visas for foreign religious workers and visiting scholars and speakers, resulting in de facto visa refusals. One Christian leader continued to say the government did not grant or refused 50 percent of visas requested for Catholic Church workers. As of the end of the year, three members of the Catholic Church had been waiting one year for visas. Catholic and Protestant groups continued to identify the delays as significantly hindering religious practice. One religious leader again identified lack of visa issuances as a major impediment to maintaining contact with the church’s international organization. Higher-level intervention with officials responsible for visa issuance by senior MRA and Ministry of Foreign Affairs officials at the request of religious groups sometimes resulted in the issuance of long-term visas, according to those groups. A representative from the Catholic Church reported that visa delays and refusals caused the Church to cancel its annual Regional Episcopal Conference of North Africa meeting, which it scheduled for September 20 in Algiers.
The government, along with local private contributors, continued to fund mosque construction. The government and public and private companies also funded the preservation of some Catholic churches, particularly those of historical importance. The Province of Oran, for example, continued to work in partnership with local donors on an extensive renovation of Notre Dame de Santa Cruz as part of its cultural patrimony.
Government-owned radio stations continued to broadcast Christmas and Easter services in French, although many Christians said they would prefer services be broadcast in Arabic or Tamazight. The country’s efforts to stem religious extremism included dedicated state-run religious television and radio channels and messages of moderation integrated into mainstream media. After Friday prayers, religious programs countering extremism were broadcast. Some examples included Au Coeur de Islam (At the Heart of Islam) on Radio Channel 3 and Dans le Sens de l’Islam (Understanding the Meaning of Islam) on national television.
Government officials continued to invite prominent Christian and Jewish citizens to events celebrating national occasions, such as Revolutionary Day celebrations at the People’s Palace on November 1.
Senior government officials continued to publicly condemn acts of violence committed in the name of Islam and urged all members of society to reject extremist behavior.
Section I. Religious Demography
The U.S. government estimates the total population at 86,000 (midyear 2019 estimate). The local government does not provide statistics on the size of religious groups, and there is no census data on religious group membership. Government officials report that approximately 92 percent of the population is Roman Catholic. Muslim leaders estimate their community, largely composed of recent immigrants, has approximately 1,500 members. The Jewish community reports it has approximately 100 members. Other small religious groups include Hindus, Anglicans, Seventh-day Adventists, Baha’is, the Family Federation for World Peace and Unification (Unification Church), the New Apostolic Church, The Church of Jesus Christ of Latter-day Saints, and Jehovah’s Witnesses.
Section II. Status of Government Respect for Religious Freedom
The constitution “guarantees freedom of ideas, religion, and cult.” It prohibits discrimination on the grounds of religion and stipulates no one shall be required to disclose his or her religion or beliefs. The constitution states such freedoms may be limited only to protect public safety, order, health, or morals as prescribed by law or to protect the rights of others. The constitution acknowledges a special relationship with the Catholic Church “in accordance with Andorran tradition” and recognizes the “full legal capacity” of the bodies of the Catholic Church, granting them legal status “in accordance with their own rules.” The Catholic Bishop of Urgell in Catalonia, Spain, is one of two constitutionally designated princes of the country, who serves equally as joint head of state with the other prince, the President of France. The current Bishop of Urgell is Archbishop Joan Enric Vives i Sicilia, whose diocese includes Andorra.
On February 15, parliament approved the first-ever equality and nondiscrimination law, which provides for the right to equal treatment and nondiscrimination, including for members of any religious group. The law establishes judicial, administrative, and institutional guarantees, which protect and provide compensation for victims of discrimination. The law also provides for fines of up to 24,000 euros ($27,000) in cases of discrimination, including on the basis of religious affiliation, and stipulates the burden of proof in such cases rests with the defendant, who must demonstrate there has not been discrimination. In addition, the law calls for establishment of an Equality Observatory to monitor and assess the state of equality and nondiscrimination in the country but does not specify how this institution would work with the national ombudsman.
Faiths other than Catholicism do not have legal status as religious groups. The government registers religious communities as cultural organizations under the law of associations, which does not specifically mention religious groups. To build a place of worship or seek government financial support for community activities, a religious group must acquire legal status by registering as a nonprofit cultural organization. To register, a group must provide its statutes and foundational agreement, a statement certifying the names of persons appointed to the board or other official positions in the organization, and a patrimony declaration that identifies the inheritance or endowment of the organization. A consolidated register of associations records all types of associations, including religious groups.
The national ombudsman is responsible for investigating complaints of racism, discrimination, and intolerance, including those involving a religious motivation, in the public and private sectors. The ombudsman makes recommendations to the public administration to correct problems and reports annually to parliament.
The law governing the issuance of official documents such as residence permits, passports, and driver’s licenses requires individuals to appear and be photographed with their heads uncovered.
According to the law, municipalities are responsible for the construction, preservation, and administration of cemeteries and funerary services.
Government regulation permits ritual slaughter as required by the Islamic or Jewish faith, as long as it takes place under the supervision of the veterinary services of the country’s slaughterhouse.
Instruction in the Catholic faith is optional in public schools. The Catholic Church provides teachers for religion classes, and the government pays their salaries. The Ministry of Education also provides space in public schools for Catholic religious instruction.
The country is a party to the International Covenant on Civil and Political Rights.
The Catholic Church continued to receive special privileges not available to other religious groups. The government paid the salaries of the eight Catholic priests serving in local churches and granted all foreign Catholic priests citizenship for as long as they exercised their functions in the country.
Government officials at the national or local levels continued not to respond to longstanding requests by Muslim and Jewish community representatives to allow the construction of a separate cemetery for each where they could bury their dead according to their rituals and traditions. Jewish and Muslim groups said they did not raise the cemetery issue again during the year but were waiting for a government response to their earlier requests. According to municipal authorities, Jews and Muslims could use existing cemeteries, but these did not allocate separate burial areas for these communities to use. As a result, most Jews and Muslims continued to bury their dead outside the country.
The government continued to fund three public Catholic schools at the primary and secondary level. These were open to students of all faiths. Catholic instruction was mandatory for all students attending these schools.
The government continued to maintain a policy of issuing religious work permits for foreigners performing religious functions only to members of the Catholic Church. Foreign religious workers belonging to other groups said they could enter the country with permits for other positions such as schoolteachers or business workers and carry out religious work without hindrance.
According to the national ombudsman’s office, it did not receive any complaints of religiously motivated discrimination or intolerance in the public or private sector during 2018, the most recent year for which data were available. The principal religious groups said they had not reported any incidents of discrimination to the ombudsman.
At year’s end, the government had not yet established the Equality Observatory or defined how it would operate or coordinate with the national ombudsman.
Antigua and Barbuda
Section I. Religious Demography
The U.S. government estimates the total population at 97,000 (midyear 2019 estimate). According to the 2011 census, 17.6 percent of the population is Anglican, 12.4 percent Seventh-day Adventist, 12.2 percent Pentecostal, 8.3 percent Moravian, 8.2 percent Roman Catholic, and 5.6 percent Methodist. Those with unspecified or no religious beliefs account for 5.5 percent and 5.9 percent of the population, respectively. Members of the Baptist Church, the Church of God, and the Wesleyan Holiness Consortium each account for less than 5 percent. The census categorizes an additional 12.2 percent of the population as belonging to other religious groups, including Rastafarians, Muslims, Hindus, and Baha’is, without providing percentages for each group. Based on anecdotal information, these four religious groups are listed from largest to smallest.
Section II. Status of Government Respect for Religious Freedom
The constitution provides for freedom of thought and religion, as well as the right to change and practice one’s religion or belief. The constitution protects individuals from taking oaths contradictory to their beliefs or participating in events and activities of religions not their own, including participating in or receiving unwanted religious education. These rights may be limited in the interests of defense or public safety, order, morality, or health, or to protect the rights of others, unless actions under such limitations can be shown “not to be reasonably justifiable in a democratic society.” The constitution prohibits members of the clergy from running for elected office. No law may be adopted that contradicts these constitutional provisions. The government does not enforce a law outlawing blasphemous language in a public place or any other place that would “cause annoyance to the public.”
The government does not require religious groups to register; however, to receive tax- and duty-free concessions and to own, build, or renovate property, religious groups must register with the government. To register, religious groups must fill out an online tax form that describes the group’s activities. The government uses this form to determine the group’s tax status. The Inland Revenue Department reviews and approves the completed form, usually granting registration and tax concessions.
The law prohibits religious instruction in public schools. Private schools may provide religious instruction. Public schools require parents to immunize their children to attend school. Some private schools do not require immunizations for their students. The law also permits homeschooling.
The law decriminalizing marijuana for any use also recognizes the government’s responsibility to uphold the religious rights of persons of the Hindu and Rastafarian faiths. It allows these persons to apply for a special religious license to cultivate the plant within their private dwelling, use the plant for religious purposes within their private dwelling or within their approved place of worship, and transport the plant between their private dwelling and approved place of worship. The special religious license, however, does not permit any commercial or financial transaction involving any part of the cannabis plant.
Occupational health regulations require individuals with dreadlocks to cover their hair when they work with food, hazardous equipment, or in the health sector. These regulations apply to both public- and private-sector workplaces.
The country is not a party to the International Covenant on Civil and Political Rights.
In the wake of decriminalization of marijuana use and cultivation for religious purposes, Rastafarian leaders continued to state publicly the government had taken steps to recognize the dignity and worth of the Rastafarian community. In January the government’s ambassador to Ethiopia and a Rastafarian elder, Ras Frank I Francis, publicly commended the government for having apologized in the past for “the atrocities that went against the movement.”
In September the government completed construction on a Rastafarian-run public school that conformed to the standards of all other government primary schools but did not require immunizations for enrollment. According to media reports, Rastafarian leaders praised the government for what they termed “the first construction of Rastafari buildings globally.” Prime Minister Gaston Browne stated, “No one in this country should be denied education because of their religious beliefs.” Also attending the event, Minister of Education Michael Browne stated, “Education is not about what you are wearing, education is not about the length of your hair. Education transcends your religious beliefs. Education is a collection not of a melting pot but of a rich salad bowl of our history.” Other Rastafarians continued to choose homeschooling for their children or private schools where vaccinations were not required.
Citing escalating costs in tourism-related services, the government announced it was considering rescinding the holiday designation for Sunday by amending the law. According to opposition leader Harold Lovell, of the United Progressive Party, removing the Sunday holiday designation could infringe on the rights of each individual to practice his or her religion.
Section I. Religious Demography
The U.S. government estimates the total population at 45.1 million (midyear 2019 estimate). Religious demographic and statistical data from nongovernmental organizations (NGOs), research centers, and religious leaders vary. According to a 2019 survey by Conicet, the country’s national research institute, 62.9 percent of the population is Catholic; 15.3 Protestant, including evangelical groups; 18.9 percent no religion, which includes agnostics; 1.4 percent Jehovah’s Witnesses and The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ); 1.2 percent other, including Muslims and Jews; and 0.3 percent unknown. Other sources state Seventh-day Adventists, Baptists, Jehovah’s Witnesses, Lutherans, Methodists, and members of the Church of Jesus Christ together total 3 percent of the population. According to AMIA, there are 220,000 Jews in the country, and the Islamic Center estimates the Muslim population at 800,000 to 1,000,000. Evangelical Christian communities, particularly Pentecostals, are growing, but no reliable statistics are available. There is also a small number of Baha’is, Buddhists, and adherents of indigenous religions in the country; however, no data are available on the size of these groups.
Section II. Status of Government Respect for Religious Freedom
The constitution provides for the right to profess, teach, and practice freely one’s faith. It declares the support of the federal government for “the Roman Catholic Apostolic faith,” but the Supreme Court has ruled that it is not an official or state religion.
The government provides the Catholic Church with tax-exempt subsidies, institutional privileges such as school subsidies, significant autonomy for parochial schools, and licensing preferences for radio frequencies. The law does not require the Catholic Church to register with the Secretariat of Worship in the MFA. Registration is not compulsory for other religious groups, but registered groups receive the same status and fiscal benefits as the Catholic Church, including tax-exempt status, visas for religious officials, and the ability to hold public activities. To register, religious groups must have a place of worship, an organizational charter, and an ordained clergy, among other requirements. To access many of these benefits, religious groups must also register as a civil association through the General Inspectorate of Justice.
Registration is not required for private religious services, such as those held in homes, but is sometimes necessary to conduct activities in public spaces pursuant to local regulations. City authorities may require groups to obtain permits to use public parks for events, and they may require religious groups to be registered with the Secretariat of Worship to receive a permit. Once registered, an organization must report to the secretariat any significant changes or decisions made regarding its leadership, governing structure, size of membership, and the address of its headquarters.
The mandatory curriculum in public schools is secular by law. Students may request elective courses of instruction in the religion of their choice in public schools, which may be conducted in the school or at a religious institution. Many Christian, Jewish, and Muslim religious groups operate private schools, which receive financial support contingent on registration with the government.
Foreign officials of registered religious groups may apply for a specific visa category to enter the country. The validity period of the visa varies depending on the purpose of the travel. Foreign missionaries of registered religious groups must apply to the Secretariat of Worship, which in turn notifies immigration authorities to request the issuance of appropriate documents.
The board of the National Institute against Discrimination, Xenophobia, and Racism (INADI), a government agency under the jurisdiction of the Ministry of Justice and Human Rights, includes representatives of the major religious groups. INADI investigates suspected and reported incidents of discrimination based on religion. INADI is not authorized to enforce recommendations or findings, but its reports may be used as evidence in civil court. The agency also supports victims of religious discrimination and promotes proactive measures to prevent discrimination. INADI produces and distributes publications to promote religious tolerance.
The country is a party to the International Covenant on Civil and Political Rights.
At year’s end, the trial of former president and current Vice President Cristina Fernandez de Kirchner remained pending, following her 2017 indictment for concealment in relation to a 2013 memorandum of understanding she signed with Iran. Prosecutors stated that then-president Fernandez de Kirchner and several high-ranking officials sought to cover up Iranian involvement in the 1994 AMIA bombing that killed 85 persons. AMIA, DAIA, and organizations representing the victims’ families continued to call for justice and a full accounting of the circumstances surrounding the bombing and any attempts at a cover-up, stating that the truth remained unclear.
In an unrelated case, a court acquitted former president Carlos Menem in February of charges he had sought to derail investigations into the AMIA bombing while president, citing lack of evidence. AMIA and DAIA issued a joint communique stating they respected the verdict. An NGO representing many of the victims’ families, Memoria Activa (Active Memory), criticized the decision, stating the Menem government knew the attack would happen and did nothing to avoid it.
Judicial inquiries continued into the 2015 death of Alberto Nisman, the lead federal prosecutor investigating the AMIA bombing. On December 26, the newly appointed Minister of Security, Sabina Frederic, announced her intent to review a 2017 analysis by the National Gendarmerie that stated two assailants killed Nisman. The analysis contradicted expert Federal Police testimony made in 2017 that suggested Nisman had committed suicide. Investigators accused Frederic of using the power of the executive branch to meddle in judicial matters, while Nisman’s mother, Sara Garfunkel, requested the judiciary’s assistance in preventing the review.
In September at the UN General Assembly, then-president Mauricio Macri called for increased international pressure to compel Iran to cooperate in the investigation of the AMIA attack, as well as that of the 1992 terrorist bombing of the Israeli Embassy in Buenos Aires.
Representatives of several religious groups stated that a government requirement that religious groups register first with the Ministry of Worship and then with the Ministry of Interior as a civil association was redundant, stating that the Catholic Church faced no such requirement. The groups said these legal processes were required to request tax-exempt status, apply for visas for foreign clergy, and hold public activities. Religious group representatives said religious groups deserved a unique process, separate from that for civil associations.
According to the plaintiffs, there was no progress in the 2018 case filed by a group of parents in Tucuman Province opposing the inclusion of religion in the province’s public school curriculum. The parents cited a 2017 Supreme Court decision that incorporation of religious education in public schools in Salta Province was unconstitutional. In August local media reported on a new case of religious teaching in a school in Formosa Province in which the school director invited a group of nuns to speak to a class during school hours without permission from the regional ministry of education or from the parents of the children. Parents said the nuns proselytized by teaching the children to pray and distributing rosaries and pamphlets. Formosa’s education minister later stated the school’s director made an error and could face disciplinary action.
Numerous religious and prolife groups, including evangelical Christian churches, expressed concern over the case of a doctor arrested for refusing to perform an abortion. In October a court in Rio Negro Province gave Leandro Rodriguez a suspended sentence of one year and two months for misconduct and prohibited him from practicing medicine for two years and four months, after he did not perform a legally permitted abortion for a woman who had been raped. In 2017 Rodriguez treated a woman suffering from severe pain and an infection after taking misoprostol, an abortion-inducing drug in her fifth month of pregnancy. Rodriguez treated the infection and halted the abortion. Three months later, the woman delivered the baby and offered it for adoption. Rodriguez’s legal team said he had halted the abortion on medical grounds and the patient had agreed to continue the pregnancy and give the baby for adoption; however, some religious groups, including local evangelical churches, said the case set a precedent against abortion-related conscientious objection.
At the end of its term in December, the Macri administration sent a new draft religious freedom bill to congress for its consideration. First proposed in 2017, the draft bill would have eliminated the requirement that non-Catholic religious groups register with the government to receive the same benefits accorded to the Catholic Church. An earlier draft of the bill allowed for conscientious objection on the basis of religion, but drafters did not include that provision in the new bill. Separately, the outgoing congress approved a draft bill in November that would declare November 25 the National Day of Religious Freedom and Conscience. The bill continued under senate review through year’s end.
Catholic Church representatives continued to discuss measures to reduce their use of federal funding following the December 2018 agreement between the government and the CEA, representing the Catholic Church, which delineated a formal, mutually agreed plan to reduce the state’s direct financial support to the Church. CEA leaders reported progress on the matter during plenary sessions held in November. Under the agreement, government funding primarily allocated for the salaries of bishops and stipends for seminarians decreased from 130 million pesos ($2.2 million) in 2018 to 126 million pesos ($2.1 million) during the year.
Throughout the year, Jewish organizations denounced the anti-Semitic commentary of former television journalist Cuneo, who was a candidate for governor of Buenos Aires Province in elections held in October. Among other incidents cited by the organizations, in a July 2 televised interview Cuneo promoted conspiracy theories about a purported Jewish plot to take over Patagonia. He also repeated claims, first made in 2018, that then-president Macri had staffed the national intelligence agency with Mossad agents.
Many Jewish groups said they continued to view relations with the Macri administration as positive and productive. They said collaboration was positive, particularly in light of what they characterized as the administration’s commitment to resolve the Nisman killing and to pursue justice in its investigations of the 1994 AMIA attack and the 1992 terrorist bombing of the Israeli embassy.
Secretary of Worship Alfredo Miguel Abriani, the human rights secretary, the Buenos Aires director general for religious affairs, and other government representatives continued to host and attend religious freedom conferences, interreligious dialogues, rabbinical ordinations, Catholic services, and Rosh Hashanah, Eid al-Adha, and Eid al-Fitr celebrations, as well as other religious activities, including those held by Protestant and Orthodox churches.
In May the MFA organized an interfaith iftar; both then-foreign minister Faurie and then-secretary of worship Abriani delivered remarks underscoring the importance of tolerance and coexistence, as well as the government’s commitment to promoting religious freedom.
On August 21, the City of Buenos Aires organized a lunch to promote interfaith collaboration. Approximately 50 religious leaders attended. Buenos Aires Chief of Government Horacio Rodriguez Larreta pledged to continue “generating spaces for engagement and exchange” and affirmed his desire to create a city that would be ever-increasingly open and inclusive.
On September 15, the City of Buenos Aires organized an interreligious festival to promote dialogue. More than 70 faith communities participated with stands showcasing their respective identities and activities.
In September INADI reported it organized a youth parliament with local students. Playing the role of legislators, the students debated the topics of conscientious objection, mandatory religious education, and religious discrimination. By a vote of 69 to one, with one abstention, they approved a law on “freedom of religion without discrimination,” promoting religious diversity in education, health, and the workplace.
In May DAIA held a Holocaust memorial ceremony at the Kirchner Cultural Center in downtown Buenos Aires. Then-minister of culture, science, and technology Alejandro Finocchiaro delivered remarks alongside Jewish community leaders and a Holocaust survivor, underscoring the value of life and of “rebellion,” adding, “glory and eternal memory for all who resisted in the Warsaw Ghetto and around the world.” Then-president Macri did not attend the ceremony but recorded a video for it after touring the building earlier in the day.
The government is a member of the International Holocaust Remembrance Alliance.