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Algeria

Executive Summary

The constitution provides for freedom of conscience and worship. The constitution declares Islam to be the state religion and prohibits state institutions from behaving in a manner incompatible with Islam. The law grants all individuals the right to practice their religion as long as they respect public order and regulations. Offending or insulting any religion is a criminal offense. Proselytizing of Muslims by non-Muslims is a crime. Police investigated and arrested Ahmadi Muslims for conducting unauthorized religious activities, such as holding prayers, printing religious books, and collecting donations. In April then-chief of staff to the country’s president called on citizens “to protect the country from the Shia and Ahmadi sects.” The minister of religious affairs stated in February that Ahmadis were “damaging the very basis of Islam” and in July, according to Human Rights Watch, said that Ahmadis were manipulated by a “foreign hand” aimed at destabilizing the government. An Algerian Islamic council declared that Ahmadi beliefs are outside of Islam. Authorities closed a church in Oran, according to Protestant church leaders. The president commuted the sentence of a Christian convert arrested in 2016 for insulting the Prophet Muhammad, but he remained in prison as of year’s end. Some Christian groups continued to report facing a range of administrative difficulties in the absence of a written government response to their requests for recognition as associations. The government continued to regulate the importation of religious materials. The government delayed granting authorization to Christian organizations to import religious texts. Senior government officials issued statements opposing calls by extremist groups for violence in the name of Islam. They also continued to criticize the spread of what they characterized as “foreign” religious influences such as Salafism, Wahhabism, Shia Islam, and Ahmadi Islam. Christians reported continuing delays in obtaining visas for foreign religious workers.

Some Christian leaders and congregants spoke of family members abusing Muslims who converted to or expressed an interest in Christianity. Individuals engaged in religious practice other than Sunni Islam reported they had experienced threats and intolerance, including in the media. Media outlets reported in August that as many as 600 imams have lodged complaints in recent years after suffering violent attacks. The government attributed the attacks to extremists who opposed the imams’ moderate teachings and said others were related to interpersonal disputes. An Arabic-language newspaper published anti-Semitic items that promoted stereotypes about Jews.

The U.S. Ambassador and other embassy officers frequently encouraged senior government officials to promote religious tolerance and discussed the difficulties Christian and other religious minority groups faced in registering as associations, importing religious materials, and obtaining visas. Embassy officers in meetings and programs with religious leaders from both Sunni Muslim and minority religious groups, as well as with other members of the public, focused on pluralism and religious moderation. The embassy used special events, social media, and speakers’ programs to emphasize a message of religious tolerance.

Section II. Status of Government Respect for Religious Freedom

Legal Framework

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

The law does not prohibit conversion from Islam, but proselytizing of Muslims by non-Muslims is a criminal offense. The law prescribes a maximum punishment of one million dinars ($8,700) and five years’ imprisonment for anyone who “incites, constrains, or utilizes means of seduction tending to convert a Muslim to another religion; or by using to this end establishments of teaching, education, health, social, culture, training … or any financial means.” Making, storing, or distributing printed documents or audiovisual materials with the intent of “shaking the faith” of a Muslim is also illegal and subject to the same penalties.

The law criminalizes “offending the Prophet Muhammad” or any other prophets. The penal code provides a punishment of three to five years in prison and/or a fine of 50,000 to 100,000 dinars ($440 to $870) for denigrating the creed or prophets of Islam through writing, drawing, declaration, or any other means. The law also criminalizes insults to 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 it shall encourage and promote ijtihad (the use of independent reasoning as a source of Islamic law for issues not precisely addressed in the Quran) and express opinions on religious questions presented for its review. The president appoints the members of the council and oversees its work. The constitution requires the council to submit regular reports to the president on its activities. A presidential decree further defines the council’s mission as taking responsibility for all questions related to Islam, for correcting mistaken perceptions, and for promoting the true fundamentals of the religion and a correct understanding of it. The council may issue fatwas at the request of the president.

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

Registration applications of religious associations must be approved by the Ministry of Religious Affairs (MRA). The law, however, does not specify additional requirements for religious associations or further specify the MRA’s role in the process. Religious groups may appeal an MRA denial to an administrative tribunal. For associations seeking to register at the local or provincial level, application requirements are similar, but the association’s membership and sphere of activity is strictly limited to the area in which it registers. An association registered at the wilaya (provincial) level is confined to that specific wilaya.

The National Commission for Non-Muslim Religious Groups, a government entity, is responsible by law for facilitating the registration process for all non-Muslim groups. The MRA presides over the commission, composed of senior representatives of the Ministries of National Defense, Interior, and Foreign Affairs, the presidency, the national police, the national gendarmerie, and the governmental National Human Rights Committee (CNDH).

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

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

The penal code states only government-authorized imams, whom the state hires and trains, may lead prayer in mosques and penalizes anyone else who preaches in a mosque with a fine of up to 100,000 dinars ($870) and a prison sentence of one to three years. Fines as high as 200,000 dinars ($1,740) and prison sentences of three to five years are stipulated for any person, including government-authorized imams, who acts “against the noble nature of the mosque” or in a manner “likely to offend public cohesion.” The law states such acts include exploiting the mosque to achieve purely material or personal objectives or with a view to harming persons or groups.

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

The Ministries of Religious Affairs, Foreign Affairs, Interior, and Commerce must approve the importation of non-Islamic religious writings, except those intended for personal use.

A January 4 decree established 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. The ministry is given three to six months to review the text, with the absence of a response after that time constituting a rejection of the importation application. A separate January 4 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 of time 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-Muslim collective worship.

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

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

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

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

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

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

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

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

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