Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the beliefs and provisions of the “sacred religion of Islam.” It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam. According to 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.

Government Practices

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.

Legal Framework

According to the constitution, “The state religion of the Republic is Islam, but the State shall ensure equal status and equal rights in the practice of the Hindu, Buddhist, Christian, and other religions.” The constitution also stipulates the state should not grant political status in favor of any religion. It provides for the right to profess, practice, or propagate all religions “subject to law, public order, and morality” and states religious communities or denominations have the right to establish, maintain, and manage their religious institutions. The constitution states no one attending any educational institution shall be required to receive instruction in, or participate in ceremonies or worship pertaining to, a religion to which he or she does not belong.

Under the penal code, statements or acts made with a “deliberate and malicious” intent to insult religious sentiments are subject to fines or up to two years in prison. Although the code does not further define this prohibited intent, the courts have interpreted it to include insulting the Prophet Muhammad. The criminal code allows the government to confiscate all copies of any newspaper, magazine, or other publication containing language that “creates enmity and hatred among the citizens or denigrates religious beliefs.” The law applies similar restrictions to online publications. While there is no specific blasphemy law, authorities use the penal code, as well as a section of the Information and Communication Technology Act, to charge individuals. The Digital Security Act criminalizes publication or broadcast of “any information that hurts religious values or sentiments,” with penalties of up to 10 years in prison.

The constitution prohibits freedom of association if an association is formed for the purpose of destroying religious harmony or creating discrimination on religious grounds.

Individual houses of worship are not required to register with the government. Religious groups seeking to form associations with multiple houses of worship, however, must register as NGOs with either the NGO Affairs Bureau (NGOAB) if they receive foreign assistance for development projects or with the Ministry of Social Welfare if they do not. The law requires the NGOAB approve and monitor all foreign-funded projects. The NGOAB director general has the authority to impose sanctions on NGOs for violating the law, including fines of up to three times the amount of the foreign donation or closure of the NGO. NGOs are also subject to penalties for “derogatory” comments about the constitution or constitutional institutions (i.e., the government). Expatriate staff must receive a security clearance from the National Security Intelligence (NSI), Special Branch of Police, and Directorate General of Forces Intelligence, although the standards for this clearance are not transparent.

Registration requirements and procedures for religious groups are the same as for secular associations. Registration requirements with the Ministry of Social Welfare include certifying the name being registered is not taken; providing the bylaws/constitution of the organization; a security clearance for leaders of the organization from the NSI; minutes of the meeting appointing the executive committee; a list of all executive committee and general members and photographs of principal officers; work plan; copy of the deed or lease of the organization’s office and a list of property owned; a budget; and a recommendation by a local government representative.

Requirements to register with the NGOAB are similar.

Family law concerning marriage, divorce, and adoption contains separate provisions for Muslims, Hindus, and Christians. These laws are enforced in the same secular courts. A separate civil family law applies to mixed-faith families or those of other faiths or no faith. The family law of the religion of the two parties concerned governs their marriage rituals and proceedings. A Muslim man may have as many as four wives, although he must obtain the written consent of his existing wife or wives before marrying again. A Christian man may marry only one woman.

Hindu men may have multiple wives. Officially, Hindus have no options for divorce, although informal divorces do occur. Hindu women may inherit property under the law. Buddhists are subject to the same laws as Hindus. Divorced Hindus and Buddhists may not legally remarry. Divorced men and women of other religions and widowed individuals of any religion may remarry. Marriage between members of different religious groups is allowed and occurs under civil law. To be legally recognized, Muslim marriages must be registered with the state by either the couple or the cleric performing the marriage; however, some marriages are not. Registration of marriages for Hindus and Christians is optional, and other faiths may determine their own guidelines.

Under the Muslim family ordinance, a Muslim man may marry women of any Abrahamic faith; however, a Muslim woman may not marry a non-Muslim. Under the ordinance, a widow receives one-eighth of her husband’s estate if she is his only wife, and the remainder is divided among the children; each female child receives half the share of each male child. Wives have fewer divorce rights than husbands. Civil courts must approve divorces. The law requires a Muslim man to pay a former wife three months of alimony, but these protections generally apply only to registered marriages; unregistered marriages are by definition undocumented and difficult to substantiate. Authorities do not always enforce the alimony requirement even in cases involving registered marriages.

Alternative dispute resolution is available to all citizens, including Muslims, for settling out of court family arguments and other civil matters not related to land ownership. With the consent of both parties, lawyers may be identified to facilitate the arbitration, the results of which may be used in court.

Fatwas may be issued only by Muslim religious scholars, and not by local religious leaders, to settle matters of religious practice. Fatwas may neither be invoked to justify meting out punishment, nor may they supersede existing secular law.

Religious studies are compulsory and part of the curriculum for grades three through 10 in all public government-accredited schools. Private schools do not have this requirement. Muslim, Hindu, Buddhist, and Christian students receive instruction in their own religious beliefs, although the teachers are not always adherents of the students’ faith.

The code regulating prisons allows for observance of religious commemorations by prisoners, including access to extra food on feast days or permission to fast for religious reasons. The law does not guarantee prisoners regular access to clergy or regular religious services, but prison authorities may arrange special religious programs for them. Prison authorities are required to provide prisoners facing the death penalty access to a religious figure from a faith of their choice before execution.

The Restoration of Vested Property Act allows the government to return property confiscated from individuals, mostly Hindus, whom it formerly declared enemies of the state. In the past, authorities used the act to seize property abandoned by minority religious groups, especially Hindus, who fled the country, particularly following the Indo-Pakistani War of 1965.

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

Government Practices

On November 27, a Bangladesh Special Tribunal convicted and sentenced seven defendants to death for their role in the July 2016 killing of 22 mostly non-Muslim individuals at the Holey Artisan Bakery in Dhaka. An eighth defendant was acquitted. Both defense attorneys and prosecutors said they would appeal the verdicts, the government appealing only the one acquittal. According to numerous reports, the attackers, who claimed loyalty to ISIS, singled out non-Muslims and killed the victims with machetes and firearms. According to media, a police investigation found 22 persons were involved in the attack: the eight whose trial just concluded, including two who had fled the country; five who were killed during the security response to the attack; and nine who died in a series of security actions in the country following the incident.

Legal proceedings against suspects allegedly involved in the 2015 killing of atheist blogger Avijit Roy continued at year’s end. In March a Dhaka court transferred the murder case to the Anti-Terrorism Tribunal for trial proceedings. The trial of six men accused in the killing began in April. Machete-wielding assailants hacked to death Roy, a U.S. citizen of Bangladeshi origin, while he accompanied his wife, who was also injured in the attack, as they returned home from a Dhaka book fair. The press reported police suspected the Ansarullah Bangla Team, a militant Islamic organization claiming association with Al Qaeda in the Indian Subcontinent– accused of other acts of violence and banned by the government – was involved in Roy’s killing. Four of the accused appeared before the court during the year; the other two remained at large.

Law enforcement concluded one of eight investigations into a 2016 attack on Hindu individuals, homes, and temples in Brahmanbaria District. In December 2017, 228 were charged with the attacks on the Hindu community, pending prosecution. However, according to media reports, all accused persons were since released on bail. According to media reports, in the three years since the attack, there was no further progress in this case following the completion of one of eight investigations, and no timeline was given for completing the other seven investigations or for scheduling hearings for the 228 charged. The courts held no hearings before the end of the year. The attackers injured more than 100 individuals and vandalized 52 Hindu homes and 15 temples following a Hindu resident’s Facebook post showing a Hindu deity pasted over the Kaaba in Mecca. The National Human Rights Commission stated the attack was orchestrated to drive Hindus from the area and obtain their land.

According to media reports in November, the government filed charges against members of the Santal Christian community, which was the target of a violent attack in 2016 that allegedly involved local authorities and law enforcement personnel. These charges necessitate these members paying legal and administrative fees, even if the cases fail to progress. Among those charged was the brother of a man killed in the attack. At the same time, authorities dropped charges against police officers videotaped in the attack for lack of sufficient evidence. On July 28, the UN Committee Against Torture reported the Police Bureau of Investigation submitted a report stating no police officers were involved in the burning of homes and schools and looting of property, despite the visual evidence suggesting their involvement.

Human rights organizations did not report the use of extrajudicial fatwas by village community leaders and local religious leaders to punish individuals for perceived “moral transgressions” during the year, in contrast with previous years.

Although most mosques were independent of the state, the government continued to influence the appointment and removal of imams and to provide guidance to imams throughout the country through the Islamic Foundation on the content of their sermons. This included issuing written instructions highlighting certain Quranic verses and quotations of the Prophet Muhammad. Religious community leaders said imams in all mosques usually continued the practice of avoiding sermons that contradicted government policy. In April the government instructed mosques to denounce extremism.

The government continued to prohibit transmission of India-based Islamic televangelist Zakir Naik’s Peace TV Bangla, stating the program spread extremist ideologies, and closed “peace schools,” which the government said reflected his teachings.

In May police arrested Catholic poet Henry Sawpon for “offending the religious sentiments of Catholics” in his many social media posts criticizing and insulting members of the clergy. The arrest followed a complaint filed by Father Larence Gomes, a local priest in the town of Barisal, also the home of Sawpon. According to Gomes, Sawpon said young priests organized a seminar for youth where girls were raped. At year’s end, Sawpon remained in jail.

According to the Ministry of Land, authorities adjudicated 15,224 of 118,173 property-restitution cases filed under the Restoration of Vested Property Act as of 2018, the most recent year figures were published. Of these judgments, the owners, primarily Hindus, won 7,733 of the cases, recovering 8,187.5 acres of land, while the government won the remaining 7,491 cases. Media reports, rights activists, and the Bangladesh Hindu Buddhist Christian Unity Council attributed the slow return of land seized under relevant legislation from Hindus who had left for India to judicial inefficiency and general government indifference.

Religious minorities continued to state that religious minority students sometimes were unable to enroll in religion classes because of an insufficient number of religious minority teachers for mandatory religious education classes. In these cases, school officials generally allowed local religious institutions, parents, or others to hold religious studies classes for such students outside school hours and sometimes exempted students from the religious education requirement.

The Ministry of Religious Affairs had a budget of 11.68 billion taka ($137.4 million) for the 2018-19 fiscal year, which covers June 2018-July 2019, the most recent year for which figures were available. The budget included 9.21 billion taka ($108.4 million) allocated for development through various autonomous religious bodies. The government provided the Islamic Foundation, administered by the Ministry of Religious Affairs, 8.24 billion taka ($96.9 million). The Hindu Welfare Trust received 780.8 million taka ($9.2 million), and the Buddhist Welfare Trust received 37.5 million taka ($441,000) of the total development allocation. While the Christian Welfare Trust did not receive development funding from the 2018-19 budget, it received 2.8 million taka ($32,900) to run its office.

Hindus, Buddhists, Christians, and members of other minority religious communities, who are also sometimes members of ethnic minority groups, continued to report property and land ownership disputes and forced evictions, including by the government, which remained unresolved at year’s end. The government continued construction projects on land traditionally owned by indigenous communities in the Moulvibazar and Modhupur forest areas. In July three CHT villages filed a report with the deputy commissioner accusing Jashim Uddin Montu, a businessman, of land grabbing. In an investigative report, The Daily Star discovered Montu falsified residency documents in Bandarban for the right to purchase CHT land to build a tourist property. Villagers said Montu donated money and some of the purchased land in CHT to build a two-story police camp in Bandarban. According to minority religious associations, such disputes occurred in areas near new roads or industrial development zones, where land prices had recently increased. They also stated local police, civil authorities, and political leaders enabled property appropriation for financial gain or shielded politically influential property appropriators from prosecution. Some human rights groups continued to attribute lack of resolution of some of these disputes to ineffective judicial and land registry systems and the targeted communities’ insufficient political and financial clout, rather than to government policy disfavoring religious or ethnic minorities.

The government continued to place law enforcement personnel at religious sites, festivals, and events considered potential targets for violence, including the Hindu festival of Durga Puja, celebrations during the Christian holidays of Christmas and Easter, and the Buddhist festival of Buddha Purnima.

President Abdul Hamid continued to host receptions to commemorate each of the principal Muslim, Hindu, Buddhist, and Christian holidays and emphasized the importance of religious freedom, tolerance, and respect for religious minorities. In October the prime minister’s foreign policy advisor, Gowher Rizvi, said at an interreligious event the majority faith (Islam) had the responsibility to protect minority religious groups and urged all to work under a common umbrella and address common problems together.

Legal Framework

The constitution mandates a secular state and provides for freedom of conscience and the right of all individuals to profess, practice, and propagate religion freely, subject to considerations of public order, morality, and health. It prohibits government discrimination based on religion, including for employment, as well as any religion-based restrictions on individuals’ access to public or private facilities or establishments that are open to the general public. The constitution states that religious groups have the right to establish and maintain institutions for religious and charitable purposes, manage their own affairs in religious matters, and own, acquire, and administer property. It prohibits compelling anyone to pay taxes to promote or maintain any specific religion. National and state laws make freedom of religion “subject to public order, morality, and health.” The constitution stipulates that the state shall endeavor to create a uniform civil code applicable to members of all religions across the country.

Nine of the 28 states have laws restricting religious conversion: Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, and Uttarakhand. Such legislation in Rajasthan, passed in 2008, was rejected by the central government in 2017 and remains unimplemented. In August the Himachal Pradesh state legislature added “coercion” to the list of conversion crimes, which also includes conversion by “fraud,” “force,” and “inducement.” The definition of “inducement” was broadened to include “the offer of any temptation.”

Chhattisgarh, Madhya Pradesh, and Uttarakhand prohibit religious conversion by “force,” “allurement,” or “fraudulent means,” and require district authorities to be informed of any intended conversions one month in advance. Himachal Pradesh and Odisha maintain similar prohibitions against conversion through “force,” “inducement,” or “fraud,” and bar individuals from abetting such conversions. Odisha requires individuals wishing to convert to another religion and clergy intending to officiate at a conversion ceremony to submit formal notification to the government. Violators, including missionaries and other religious figures who encourage conversion, are subject to fines and other penalties, such as prison sentences of up to three years in Chhattisgarh and up to four years in Madhya Pradesh if the converts are minors, women, or members of government-designated, historically disadvantaged groups (Scheduled Castes or Scheduled Tribes). Gujarat mandates prior permission from the district magistrate for any form of conversion and punishes “forced” conversions with up to three years of imprisonment and a fine up to 50,000 rupees ($700). In Himachal Pradesh, penalties include up to two years’ imprisonment and/or fines of 25,000 rupees ($350). Punishments for conversions involving minors, Scheduled Caste or Scheduled Tribe members, or in the case of Odisha, women, may consist of prison sentences rather than fines.

According to the Supreme Court, converting from Hinduism to another religion may deny those converting from lower castes the government benefits available to them if they had remained Hindu, such as placement in educational institutions or job training.

Under Andhra Pradesh and Telangana law, authorities may prohibit proselytizing near another religion’s place of worship. Punishment for violations may include imprisonment for up to three years and fines up to 5,000 rupees ($70).

The federal penal code criminalizes “promoting enmity between different groups on grounds of religion” and “acts prejudicial to maintenance of harmony,” including acts causing injury or harm to religious groups and members. The penal code also prohibits “deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.” Violations of any of these provisions are punishable by imprisonment for up to three years, a fine, or both. If the offense is committed at a place of worship, imprisonment may be for up to five years.

There are no direct requirements for registration of religious groups unless they receive foreign funds, and federal law requires religiously-affiliated organizations to maintain audit reports on their accounts and a schedule of their activities and to provide these to state government officials upon request.

A federal law regulates foreign contributions to NGOs, including faith-based organizations. Organizations with “definite cultural, economic, educational, religious, or social programs” must receive a federal government certificate of registration to receive foreign funds. The federal government may also require that certified organizations obtain prior permission before accepting or transferring foreign funds. The central government may reject an application for a certificate of registration or a request for prior permission to transfer funds if it judges the recipient to be prejudicially affecting “harmony between religious, racial, social, linguistic, regional groups, castes, or communities.”

The constitution states that any reference to Hindus in law is to be construed to include followers of Sikhism, Jainism, and Buddhism, meaning they are subject to laws regarding Hindus, such as the Hindu Marriage Act. Subsequent legislation continues to use the word Hindu as a blanket category that includes Sikhs, Buddhists, Baha’i, and Jains, but clarifies that these are separate religions whose followers are included under the legislation.

Federal law provides minority community status to six religious groups: Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists. State governments may grant minority status to religious groups that are minorities in a particular region and designate them as minorities under state law. Minority status makes these groups eligible for several government assistance programs. The constitution states that the government will protect the existence of religious minorities and will encourage conditions for the promotion of their individual identities.

Personal status laws determine rights for members of certain religious communities in matters of marriage, divorce, adoption, and inheritance based on religion, faith, and culture. Hindu, Christian, Parsi, Jewish, and Islamic personal status laws are legally recognized and judicially enforceable. Personal status issues that are not defined for a community in a separate law are covered under Hindu personal status laws. These laws, however, do not supersede national- and state-level legislation or constitutional provisions. The government grants autonomy to the All India Muslim Personal Law Board (AIMPLB) and the Parsi community to define their customary practices. If the law board or community leaders cannot offer satisfactory solutions, the case is referred to the civil courts.

Interfaith couples and all couples marrying in a civil ceremony are required to provide public notice 30 days in advance – including addresses, photographs, and religious affiliation – for public comment. Hindus, Muslims, Buddhists, Sikhs, or Jains who marry outside their religions, however, face the possibility of losing their property inheritance rights under those communities’ personal status laws.

The law recognizes the registration of Sikh marriages, but there are no divorce provisions for Sikhs. Other Sikh personal status matters fall under Hindu codes. Under the law, any person, irrespective of religion, may seek a divorce in civil court.

The constitution prohibits religious instruction in government schools; the law permits private religious schools. The law permits some Muslim, Christian, Sindhi (Hindu refugees), Parsi, and Sikh educational institutions that receive government support to set quotas (in most cases, 50 percent) for students belonging to the religious minority in question. For instance, Aligarh Muslim University must admit at least 50 percent Muslims. St. Stephen’s College in Delhi and St. Xavier’s in Mumbai must admit at least 50 percent Christians.

Twenty-four of the 28 states apply partial to full restrictions on bovine slaughter. Penalties vary among states and may vary based on whether the animal is a cow, calf, bull, or ox. The ban mostly affects Muslims and members of Scheduled Castes and Scheduled Tribes. In the majority of the states where bovine slaughter is banned, punishments include imprisonment for six months to two years and a fine of 1,000 to 10,000 rupees ($14-$140). Rajasthan, Punjab, Haryana, Himachal Pradesh, and Jammu and Kashmir penalize cow slaughter with imprisonment of two to 10 years. The law in Gujarat mandates a minimum 10-year sentence (the punishment for some counts for manslaughter) and a maximum sentence of life imprisonment (the punishment for premeditated murder of humans) for killing cows, selling beef, and illegally transporting cows or beef.

As of July, one state (Madhya Pradesh) penalizes cow vigilantism by setting fines of 25,000 to 50,000 rupees ($350-$700) and prison sentences of six months to three years for committing violence in the name of protecting cows. This is the first law of its kind in the country.

The National Commission for Minorities, which includes representatives from the six designated religious minorities and the National Human Rights Commission, investigates allegations of religious discrimination. The Ministry of Minority Affairs may also conduct investigations. These bodies have no enforcement powers, but launch investigations based on written complaints by plaintiffs charging criminal or civil violations and submit their findings to law enforcement agencies for action. Eighteen of the country’s 28 states and the National Capital Territory of Delhi have state minorities commissions, which also investigate allegations of religious discrimination.

The constitution allows for a form of affirmative action for Scheduled Caste or Scheduled Tribe communities, and the “Other Backward Class,” a category for groups deemed to be socially and educationally disadvantaged. Since the constitution specifies only Hindus, Sikhs, or Buddhists shall be deemed members of a Scheduled Caste, the only means through which Christian and Muslim individuals may qualify for affirmative action benefits is if they are considered members of the “backward” classes due to their social and economic status.

The government requires foreign missionaries to obtain a missionary visa.

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

Government Practices

A video that circulated widely on the internet showed a mob near Kharsawan in Jharkhand violently attacking 24-year-old Muslim Tabrez Ansari after forcing him to chant “Jai Shri Ram” and “Jai Hanuman” (allegiance to Hindu deities). Members of the mob accused Ansari of stealing a motorcycle. Ansari died in a hospital several days later. On September 10, the Jharkhand police dropped murder charges against all 11 individuals accused of the attack, citing the initial autopsy report that stated that Ansari had died of cardiac arrest. On September 18, the police reintroduced murder charges against all the accused after a detailed postmortem exam revealed grievous injury to Ansari’s skull. The Jharkhand government set up a special investigation team and suspended two policemen for not reporting the seriousness of the issue to a higher authority and for failure to report a case of lynching.

On December 12, parliament passed the Citizenship Amendment Act (CAA), which amends the 1955 Citizenship Act to provide an expedited path to Indian citizenship for Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants from Pakistan, Afghanistan, and Bangladesh who had entered India on or before December 31, 2014. Similarly-situated Muslims, Jews, atheists, and members of other faiths from these three countries were excluded from the CAA. The legislation – the first-ever to use religion as a criterion for citizenship – was criticized heavily by domestic and international media, NGOs, religious groups, intellectuals, and some political parties. Opponents stated it was unconstitutional because it violated the tenets of a secular state. Passage of the legislation was followed by widespread protests in Delhi, Uttar Pradesh, Madhya Pradesh, Maharashtra, Karnataka, and Assam, but they soon spread to university campuses and cities nationwide. The government deployed police, severely limited public gatherings, imposed a curfew, and cut internet service, primarily in Uttar Pradesh, Assam, and Jammu and Kashmir. As of the end of December, domestic and international media had reported 25 deaths, hundreds of injuries and thousands of detentions, with 5,500 detained in Uttar Pradesh alone. There were multiple reports of excessive force by police against protesters, particularly against Muslim university students. For example, in December police moved onto the campus of Jamia Millia University in New Delhi to end a protest, deploying tear gas and beating protesters with batons, according to witnesses who spoke to the media.

Government critics, civil liberty activists, NGOs, and political organizations, including the Congress party, filed more than 100 legal challenges to the CAA in the Supreme Court on the grounds that it added a religious qualification to the country’s historically secular citizenship laws. Some opposition leaders said the CAA was part of an ongoing BJP effort to marginalize Muslim communities throughout the country. The government defended the CAA by saying that it was legislation aimed at facilitating citizenship for illegal refugees from six religious minorities who had fled three neighboring countries due to religious persecution and that Muslims could still apply for citizenship through the normal, non-expedited route. Prime Minister Narendra Modi said that the CAA was an act to provide citizenship and not to take it away from legal Indian citizens. In November he stated that the constitution should be revered as a “holy book and a guiding light.” Some officials linked the CAA with the National Register of Citizens (NRC), a process used to identify illegal immigrants in the state of Assam. On December 22, Modi disavowed any discussion of implementing the NRC nationwide, including earlier comments from Home Minister Amit Shah that a nationwide NRC should be in place so “we will detect and deport every infiltrator from our motherland.” Some opposition leaders and protestors stated they feared that a national NRC could disenfranchise Muslims in the country.

According to a number of NGOs and media outlets, lawmakers sometimes denied or ignored incidents of mob violence, lynching, and communal violence, which often had a religious component. On September 18, Uttar Pradesh Chief Minister Yogi Adityanath said in an interview that there had been no incidents of mob lynching in Uttar Pradesh during his tenure, which began in 2017. According to the Uttar Pradesh Law Commission in July, however, 50 incidents of mob violence had taken place in the state between 2012 and 2019, resulting in 11 deaths. Adityanath also used the term “love jihad,” a derogatory term suggesting a deliberate effort by Muslim men to lure Hindu women into a relationship and coerce them to convert to Islam, which analysts stated proved to be a crucial election issue for the ruling BJP.

In August the central government revoked the semiautonomous status of Jammu and Kashmir, the country’s only Muslim-majority state, splitting it into two union territories, one for Jammu and Kashmir and the other for Ladakh. Opposition political parties and other critics condemned this decision; the central government pledged to hold assembly elections in the new territories. The government sent thousands of additional security forces to the region and shut down internet and phone lines just before announcing the decision. Many of these restrictions were gradually reduced by December. The government also closed most mosques in the area, including the Jamia Masjid, the main mosque in Srinagar, from August 5 until mid-December. Muslim leaders criticized the move. The government’s actions sparked protests. Several politicians belonging to opposition parties, human right activists, journalists, and retired army personnel filed petitions in the Supreme Court challenging the government’s actions. Government and media reported there were incidents of violence and intimidation carried out by militants. In November the government told parliament that 20 persons, including 17 civilians and three security personnel, were killed in terror-related incidents in Jammu and Kashmir since August 5. On November 21, Home Minister Shah told the media, “Not a single person has died by police firing” in Jammu and Kashmir.

On July 20, Maharashtra police arrested one person the day after a group accosted and allegedly tried to lynch Muslim youth Imran Patel, forcing him to say “Jai Shri Ram” (allegiance to a Hindu deity). Patel said a Hindu family residing nearby rushed to his rescue and saved his life.

By year’s end, parliament had not acted on a July 2018 Supreme Court order that it enact a federal law to outlaw mob violence. The court also ordered all state governments to designate a senior police officer in every district to prevent mob violence and ensure that the police act promptly in such cases. Only Rajasthan and West Bengal had partially followed the Supreme Court order.

In July Rajasthan passed an anti-lynching law, but its implementation remained pending at the end of the year. The law defines lynching as “any act or series of acts of violence or aiding, abetting, or attempting an act of violence, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, [or] ethnicity.” Penalties include up to life in prison. The law followed attacks on Muslims and was a state-level response to the Supreme Court order directing state legislatures to pass laws to address lynching and mob violence. In August the West Bengal state legislature passed a bill that made lynching punishable by life in prison or the death penalty. The bill defined lynching as any mob violence on grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity, or any other ground. The West Bengal bill had not been implemented by year’s end.

HRW said that since May 2015, 50 people have been killed and over 250 injured in mob violence. HRW reported that Muslims were also beaten and forced to chant Hindu slogans and that the police failed to properly investigate these incidents, instead filing criminal cases against witnesses in order to intimidate them. The NGO Alliance for Defending Freedom India (ADF India) reported that less than 40 of more than 300 cases of “cow vigilantism” that it had documented were prosecuted by the police. At the same time, according to HRW, the government failed to properly enforce Supreme Court directives designed to prevent and investigate mob attacks on religious minorities and other vulnerable communities, which, according to HRW, were sometimes linked to BJP supporters.

On April 14, according to the website AsiaNews, 200 men attacked a church in Jaunpur District of Uttar Pradesh as police officers looked on without intervening. The report stated that the church’s clergy fled while the men attacked members of the congregation with sticks.

A police investigation continued into a May 2018 communal clash in Aurangabad in Maharashtra in which a Muslim youth was shot and killed by police and a Hindu man died in his burning shop. The clash followed allegations that authorities were cracking down on illegal water connections in a discriminatory manner. Police briefly arrested two city councilors, but they were released on bail.

On August 22, authorities arrested a fourth individual for the 2018 cow vigilante killing of Rakbar Khan in Rajasthan, who was assaulted by villagers who suspected him of cattle smuggling. Khan died when police took at least three hours to transport him to a local hospital that was 2.5 miles away. According to media reports, the police stopped for tea along the way. The case of the fourth individual was pending trial at year’s end.

On July 24, the Uttar Pradesh government dropped charges in 22 cases tied to riots in Muzaffarnagar in 2013 that claimed at least 65 lives and displaced thousands. By year’s end, the state government had dropped charges in at least 70 cases related to the riots. Since 2017, Muzaffarnagar courts have acquitted the accused in 40 of 41 cases involving attacks against Muslims. A BJP state legislator from the region said there were 93 other (pending) cases involving false allegations of Hindu attack against Muslims, which he said were brought for political reasons. By year’s end, there was one conviction related to the riots that followed the killings of two Hindu youths.

On April 23, the Supreme Court directed the Gujarat government to pay a Muslim woman five million rupees ($70,400) in compensation for being gang-raped during the 2002 Hindu-Muslim communal riots in that state. Fourteen members of her family, including her two-year-old daughter and mother, were killed during the riots.

On July 27, Gujarat police arrested four persons on charges that they beat a 17-year-old Muslim youth to death because they objected to his relationship with a tribal girl in Ankleshwar District.

A Special Investigation Team formed in 2018 to assess 186 cases related to anti-Sikh riots in Delhi and Punjab in 1984 submitted its report to the government in April; the government presented it to the Supreme Court in November. Supreme Court action, which could include an order to reopen some of the cases, was pending at year’s end.

On September 8, Jharkhand police arrested Catholic priest Binoy John and lay leader Munna Handsda for allegedly trying to convert villagers in Jharkhand’s Godda District. The accused had also reportedly asked villagers to donate their land to the church. They were arrested under a 2017 Jharkhand law that criminalizes religious conversion by inducement or coercion, following a complaint lodged by a villager. Both men were released on bail later in the same month.

Media reported that many of the 271 Christians charged by police in Jaunpur District of Uttar Pradesh in September 2018 with “spreading lies about Hinduism” remained in prison at year’s end. Authorities said the Christians violated national laws against spreading enmity among different religious groups and causing social disharmony.

NGOs International Christian Concern (ICC) and ADF India stated authorities pursued charges against Christians in several states, especially Uttar Pradesh, under religious conversion laws or laws prohibiting “insults” to religion or religious belief, such as Section 259A of the national penal code. In September ICC reported that eight persons were arrested and several house churches closed down in Lakhimpur Khere District. Those arrested were charged under Section 259A, then released a few days later on bail.

According to ICC, Christian pastors, their families, and their congregations were threatened by police and Hindu residents in Jharkhand, with some fleeing their villages out of concern for their safety. ICC reported pastors receiving death threats, mobs attacking Christian worship services, and Christians being detained by police for not giving money for Hindu ceremonies. ICC said that “an atmosphere of impunity” (for attacking Christians) had “been allowed to gather” in the state.

According to the NGO Persecution Relief, on January 13, police disrupted a worship service in Uttar Pradesh and arrested six persons, including the female pastor, Sindhu Bharti. According to the NGO and media accounts, the pastor was beaten by police officers and had boiling tea poured down her throat to ensure she was not feigning unconsciousness.

In September activists from the Bajrang Dal, the youth wing of the Hindu nationalist group Vishwa Hindu Parishad (VHP), disrupted a Christian prayer meeting held by the New Life Fellowship Association in a public school in the Worli neighborhood of Mumbai, accusing it of being a cover for religious conversion. Mumbai police issued a notice to the association, warning that it had not sought the required advance permission to gather in a public place and would face prosecution if it did so again without permission. The police also warned the Bajrang Dal not to disrupt the fellowship’s meetings. The church pastor stated that he objected to the police action and said it violated the right to worship.

According to the website AsiaNews, in June police detained four Christians in Uttar Pradesh for organizing prayer meetings following reports that they were conducting “forced conversions.” The police released the men the same day without charges.

In May the Global Council of Indian Christians (GCIC) reported that police in Uttar Pradesh arrested Reverend Gyan Singh and another Pentecostal Christian in the village of Bugauliya Block, Basti District, for forced conversions. Police told GCIC that they would release the two without charges. In June authorities arrested Uttar Pradesh pastor Dependra Prakash Maleywar of the Church of North India after he was accused of the forced conversion of 16 persons. Police originally arrested Maleywar after a local Hindu activist accused him of an assault against Bajrang Dal activists. A judge ordered Maleywar held in custody for 14 days pending an investigation; after a week, authorities released him on bail. Police in Jharkhand arrested Dalu Soren, a Christian veterinarian, on October 16, after a 13-year-old girl’s father filed a complaint alleging forced conversion of his daughter by Soren.

On April 11, in Jamadha Village in Uttar Pradesh, according to the NewsClick website, members of a Christian group were detained under a section of the criminal procedure code that gives local magistrates the authority to prohibit the gathering of four or more persons or the holding of public meetings. The action came after a Hindu nationalist group interrupted the Christians’ prayer meeting and called the police.

In August a judge of the Madras High Court in Tamil Nadu said that coeducational study in Christian institutions was “unsafe for girls.” The judge made his remarks in the context of a case involving allegations of sexual assault against a professor in a Christian college that was not linked to conversion. After strong protests from the Tamil Nadu Catholic Bishops’ Council, other Christian organizations, and civil society groups, the judge removed his comments from the court order.

On September 2, Uttar Pradesh police launched a smartphone-based intelligence-gathering system that they said was designed to alert them to flare-ups of communal tensions, so-called “anti-social elements,” and land disputes. According to reports, 10 individuals in every village across the state agreed to provide information on communal tensions. Cross-referencing among the informants was meant to help combat rumors.

On November 9, the Supreme Court awarded the site of the Babri Masjid in Ayodhya, Uttar Pradesh – which was destroyed in a riot by members of Hindu nationalist organizations in 1992 – to Hindu organizations to build a temple. Hindus stated the site of the mosque was the birthplace of the god Ram, and that the mosque had been built in the 16th century by destroying a Hindu temple there. Muslims stated they rejected this account and claimed ownership of the mosque. The court decision provided five acres of land elsewhere in Ayodhya for Muslims to build a new mosque. In December Muslim litigants, the prominent Muslim organization Jamiat Ulema-e-Hind, and the AIMPLB petitioned the court to review the decision and permit the mosque to be rebuilt on its original site. The Hindu Mahasabha organization filed a petition against the decision to provide five acres for the mosque. Prominent Muslim community members signed a petition to accept the court ruling, but also stated that the judgment gave precedence to the Hindu faith. Others criticized the court for not addressing Muslim grievances concerning the violent destruction of the mosque. On December 12, the Supreme Court dismissed all review petitions and upheld its original decision.

On August 10 in New Delhi, the Delhi Development Authority demolished the Guru Ravidas Hindu temple and its idols on the grounds that it had been built illegally on government-owned property. The demolition, which had been delayed by court challenges from Dalit groups since 1986, was followed by protests in Punjab and other parts of North India. On August 21, large groups of mostly Hindu Dalit protesters came to New Delhi from Punjab, Rajasthan, Haryana, Uttar Pradesh, and other states to demand that the government hand over the concerned plot of land to the community and rebuild the temple. Police armed with batons dispersed the crowd, and some were detained. Representatives of several Muslim organizations supported the demand for reconstructing the temple. In September the management of the temple petitioned the Supreme Court to intervene again in the matter. In October the Supreme Court accepted the government’s plan to rebuild a smaller temple at the same site.

In April, according to AsiaNews, the High Court in Prayagraj (formerly Allahabad) ordered Uttar Pradesh to reopen a church in Siddharth Nagar District, protect the church members, and allow them to conduct religious observances in peace. Authorities shut down the church in 2018 when a Hindu group filed a complaint against it.

In March the Kerala Law Reforms Commission circulated a draft of a proposed “Kerala Church (Properties and Institutions) Bill” for public review. The draft bill proposed the state set up a tribunal to intervene in any property disputes in which a church was involved (such disputes were not further specified). The proposed bill elicited a strong reaction from Christian churches in Kerala, as it would have eroded the authority of a church’s leadership in managing the affairs of the church. Officials in the Kerala state government later stated the government had no intention to move forward with the bill following strong opposition from leading churches in the state.

On August 31, Assam authorities published the final state-level NRC, which listed the citizens residing there. The NRC list excluded 1,906,657 residents, compared to four million in the earlier draft NRC of July 2018. Excluded residents were able to appeal to foreigners’ tribunals, and subsequently to the high court and the Supreme Court. Although the religious profile of those excluded was not contained in the NRC list, the BJP’s Assam unit stated it was concerned that more Bengali Hindus were excluded than Muslims, and that the results “favor the illegal Bangladeshi migrants.”

A report released in August by the Centre for the Study of Developing Societies found evidence of anti-Muslim bias among police in the country. In Uttarakhand, Bihar, Maharashtra, and Jharkhand, two-thirds of police surveyed felt that Muslims were more prone to commit crimes than other religious communities. In Uttarakhand, 80 percent of police personnel expressed this opinion. One-third of those surveyed felt that it was natural for a mob to resort to violence in cases of cow slaughter. Almost one-third of respondents said they felt that religious minorities were not given equal treatment with police forces. Sikh individuals were most likely to hold this opinion.

In September the newly-elected Andhra Pradesh state government began implementing a Yuvajana Sramika Rythu Congress Party election pledge to provide a salary supplement of 10,000 to 35,000 rupees ($140-$490) a year to Hindu priests who conducted regular rituals in rural temples and a 25 percent increase in the salaries of priests working in temples with “meager revenues.” The new government also pledged an additional 15,000 rupees ($210) to imams and muezzins, and 5,000 rupees ($70) to Christian clergy each year.

The BJP criticized the Andhra Pradesh government’s initiative to conduct a survey of Christian clergy using state resources, stating that under its chief minister, a Christian, the government was acting in a biased manner. A journal affiliated with a Catholic church near Delhi criticized the state government, stating that it was the responsibility of religious boards and communities, and not secular state governments, to support religious activities.

On August 25, Andhra Pradesh Chief Secretary L.V. Subrahmanyam declared that non-Hindu employees working in nonreligious positions in Andhra Pradesh’s Hindu religious temples board, Tirumala Tirupati Devasthanams (TTD), would be removed from their positions. He said their presence in the TTD, which manages several Hindu temples in Tirupati city in southern Andhra Pradesh, “hurts the sentiments” of Hindu pilgrims. The chief secretary stated that non-Hindu employees must not conceal their religious beliefs, and that inspections of employees’ residences would be conducted if needed to discern their religious affiliations. According to media reports, the state government decided to remove the non-Hindu employees because of public criticism that tickets given to Hindu pilgrims visiting the Tirumala temple on state-run buses had details of a Jerusalem tour on the back. The TTD stated it was not involved with producing the tickets. According to media reports, however, the TTD may have acted against the non-Hindus because of alleged Christian proselytization on temple premises in the past. The TTD had tried to remove 42 non-Hindu employees in 2018, but the Hyderabad High Court stayed the order. In the wake of the state’s August announcement, the court asked the state government to provide an explanation for the removal of non-Hindu employees working in nonreligious positions. Ultimately, no non-Hindus were removed from the TTD during the year.

In May, July, and November, the Supreme Court granted bail to all seven Christians convicted by a trial court in 2013 in the 2007 killing of VHP leader Swami Laxmanananda. The Odisha High Court had deferred bail hearings for more than two years. Christian legal aid organizations and an independent journalist lobbied for their release on bail, stating the seven individuals were innocent and that the trial court had convicted them on “flimsy evidence.”

According to NGO sources, authorities reportedly denied three U.S. citizens entry under non-missionary visas due to concerns that they intended to engage in missionary activity, although the U.S. citizens denied that this was their intention.

An 86-year-old Spanish missionary nurse from the Daughters of Charity left the country on August 20 after the Ministry of External Affairs refused to renew her visa and informed her that she would have to depart within 10 days. She had worked among the poor in the Gajapati District of Odisha for 50 years. The ministry did not disclose the reason for the denial, but a member of parliament said the decision may have been motivated by the ministry’s “unstated policy of denying visas to foreign nationals who indulge in religious activities.”

In April Hindu Mahasabha Party (HMP) Vice President Deva Thakur called for the forced sterilization of Muslims and Christians. Media also reported that the HMP continued to operate unsanctioned “courts” based on the principles of Hindutva (Hindu cultural, national, and religious identity) after it unsuccessfully petitioned the prime minister in 2018 to close sharia courts around the country. The Hindu “courts” dealt with a range of issues, including interreligious relationships. A self-styled Hindu judge told the media in October that her court sought to “cleanse a girl’s mind and even get the police involved” in cases where a Hindu woman is involved with a Muslim man.

According to data compiled by news channel NDTV, there were 25 instances of public officials engaging in hate speech in December after the president signed the CAA into law, the highest number recorded in a single month since the Modi government came to power in 2014. NDTV said of the 25 instances, 23 were comments were made by BJP leaders. Formal requests to open investigations had been filed for three of those instances by year’s end. On December 15, referring to anti-CAA protesters, the prime minister said that people could make out who was spreading violence by the clothes they wore. Media outlets and editorial commentary criticized the statement for implying that individuals in Muslim attire were responsible for the violence.

On September 18, Telangana state lawmaker T. Raja Singh of the BJP released two videos announcing the creation of a vigilante army to “deal with traitors inside the country” and to create a Hindu Rashtra (nation). He stated, “Whichever traitor is hidden inside India will be dragged out and worn down, and sent outside India – or even directly to Jahannum (Urdu for hellfire).”

In August a bill criminalizing “triple talaq,” the practice by which a Muslim man may divorce his wife instantly by saying the Arabic word for divorce (talaq) three times, became law. This followed a 2018 government executive order that set a fine and prison sentence for the practice, and a 2017 Supreme Court ruling that the practice was unconstitutional and inconsistent with Islamic law. Some Muslim organizations, including the AIMPLB, and Muslim politicians, including MP Asaduddin Owaisi, criticized the new law. In October the AIMPLB filed a petition in the Supreme Court challenging the new law.

Using Aligarh Muslim University as an example, the government continued its 2016 challenge to a Supreme Court ruling that recognized the minority status of Islamic educational institutions and their resulting independence in hiring and curriculum decisions. In February the chief justice referred the challenge to a seven-judge panel for action.

Unlike in 2018, no state or local jurisdiction with an Islamic-origin name was renamed during the year.

In July 49 celebrities and activists wrote Prime Minister Modi a letter asking him to intervene to stop rising incidents of attacks on minorities, misuse of religion by Hindu hardliners, and intolerance against dissent in the country. News accounts suggested the letter was timed to imply that Hindu nationalist supporters of Modi’s BJP might feel emboldened by their electoral victory in May to increase actions against religious minorities. According to HRW, Bihar state authorities filed a sedition case against the writers of the letter in October. Following a public outcry, including by 180 celebrities and activists in addition to those who endorsed the July letter, the case was closed. By year’s end, there was no reaction from the government to the letter.

Legal Framework

The constitution defines the country as a secular state and provides for freedom of religion and belief, as well as for the freedom to decline religious affiliation. These rights may be limited only by laws and only to the extent necessary for protection of the constitutional system, public order, human rights and freedoms, and the health and morality of the population. Under the constitution, all people have the right to follow their religious or other convictions, take part in religious activities, and disseminate their beliefs. These rights, however, are in practice limited to registered or “traditional” religious groups. “Traditional” is not defined by law, but typically refers to Hanafi Sunni Islam, the Russian Orthodox Church, Catholicism, Lutheranism, Judaism, and other major or historic religions.

In February then president Nursultan Nazarbayev renamed the Ministry of Social Development the Ministry of Information and Social Development. The Committee on Social Affairs within the ministry became the Committee for Religious Affairs (CRA), which continues to regulate the practice of religion in the country. By law, the MISD is responsible for the formulation and implementation of state policy on religion, as well as facilitating government and civil society engagement. It also considers potential violations of the laws on religious activity and extremism. The MISD drafts legislation and regulations, conducts analysis of religious materials, and makes decisions on censorship. All religious groups are required to submit all religious materials for approval before dissemination. The MISD cooperates with law enforcement to ban religious groups and sanction individuals who violate the religion law, coordinates actions of local government to regulate religious practices, and provides the official interpretation of the religion law.

The counterterrorism law requires religious organizations to secure their buildings of worship against potential terrorist attacks; the government may take action against religious organizations for failure to do so. The law states the government shall not interfere with the choice of religious beliefs or affiliation of citizens or residents, unless those beliefs are directed against the country’s constitutional framework, sovereignty, or territorial integrity.

The criminal and administrative codes include penalties for unauthorized religious activity, which includes the arrangement of and participation in activities of unregistered religious groups, participation in religious activities outside permitted areas, unlicensed distribution of religious materials or training of clergy, sale of religious literature without government approval or in places not approved by the government, and discussion of religion for the purpose of proselytization without the required missionary registration.

The criminal code prohibits the “incitement of interreligious discord,” which includes “propaganda of exclusivity, superiority, or inferiority of citizens according to their relation to religion [and other] origin.” It also criminalizes the creation and leadership of social institutions that proclaim religious intolerance or exclusivity, which is punishable with imprisonment from three to seven years.

The extremism law, which applies to religious groups and other organizations, gives the government discretion to identify and designate a group as an “extremist organization,” ban a designated group’s activities, and criminalize membership in a banned organization. The law defines “extremism” as the organization and/or commission of acts in pursuit of violent change of the constitutional system; violation of the sovereignty or territorial integrity of the country; undermining of national security; violent seizure or retention of power; armed rebellion; incitement of ethnic, religious, or other forms of social discord accompanied by calls to violence; or the use of any religious practice that causes a security or health risk. An extremist organization is a “legal entity, association of individuals and (or) legal entities engaged in extremism, and recognized by the court as extremist.” The law provides streamlined court procedures for identifying a group as “terrorist or extremist,” reducing the time necessary for a court to render and act on a decision to 72 hours. After a legal finding of a violation, the law authorizes officials to revoke immediately the organization’s registration, thus ending its legal existence, and to seize its property. Prosecutors have the right to inspect annually all groups registered with state bodies.

Under the law on countering terrorism, the Ministry of Finance may freeze the financial accounts of those convicted of terrorism or extremism crimes.

The administrative code prohibits “spreading the creed of religious groups unregistered” in the country, an offense punishable by a fine of 252,500 tenge ($660). A foreigner or stateless person found guilty may also be deported.

A religious organization may be designated “national,” “regional,” or “local.” To register at the local level, religious groups must submit an application to the Ministry of Justice, listing the names and addresses of at least 50 founding members. Communities may be active only within the geographic limits of the locality in which they register, unless they have sufficient numbers to register at the regional or national level. Regional registration requires at least two local organizations, each located within a different region (province), and each local group must have at least 250 members. National registration requires at least 5,000 total members and at least 300 members in each of the country’s 14 regions and the cities of Nur-Sultan, Almaty, and Shymkent. Only groups registered at the national or regional level have the right to open educational institutions for training clergy.

The law allows the government to deny registration to a religious group based on an insufficient number of adherents or inconsistencies between the religious group’s charter and any national law, as determined by an analysis conducted by the CRA. According to the administrative code, individuals participating in, leading, or financing an unregistered, suspended, or banned religious group may be fined between 126,250 tenge ($330) and 505,000 tenge ($1,300).

The administrative code mandates a 505,000 tenge ($1,300) fine and a three-month suspension from conducting any religious activities for registered groups holding religious gatherings in buildings that are not approved for that purpose; importing, producing, or disseminating religious materials not approved by the CRA; systematically pursuing activities that contradict the charter and bylaws of the group as registered; constructing religious facilities without a permit; holding gatherings or conducting charity events in violation of the law; or otherwise defying the constitution or laws. Private persons engaged in these activities are subject to a fine of 126,250 tenge ($330). Police may impose these fines without first going to court. The fines may be appealed to a court.

If an organization, its leaders, or members engage in activities not specified in its charter, it is subject to a warning and/or a fine of 252,500 tenge ($660). Under the administrative code, if the same violation is repeated within a year, the legal entity is subject to a fine of 378,750 tenge ($990) and a three- to six-month suspension of activities.

According to the administrative code, if a religious group engages in a prohibited activity or does not rectify violations resulting in a suspension, an official or the organization’s leader is subject to a fine of 505,000 tenge ($1,300), the entity is subject to a fine of 1,262,500 tenge ($3,300), and its activities are banned.

The law authorizes local authorities to “coordinate” the location of premises for religious events outside religious buildings. By law, religious activities can be held in residences, provided that organizers take into account the “rights and interests of neighbors.” Authorities sometimes interpret this as a requirement to receive permission from the neighbors.

The government bans individuals who are fined and do not pay their fines from traveling outside the country.

The law prohibits coercion to force a person’s conversion to any religion or to force a person’s participation in a religious group’s activities or in religious rites. The law further bans activities of religious organizations that involve violence against citizens or otherwise harm the health or morality of citizens and residents, force them to end marriages or family relations, violate human rights and freedoms, or force citizens to evade performance of duties specified in the constitution and legislation. The law prohibits methods of proselytizing that take advantage of a potential convert’s dependence on charity. The law also prohibits blackmail, violence or the threat of violence, or the use of material threats to coerce participation in religious activities.

The law states in cases when a prisoner seeks the help of a clergy member to perform a religious rite, he or she may invite a clergy member of a formally registered religious group to a detention facility, as long as this access complies with the prison’s internal regulations. The law bans construction of places of worship within prison territory. Pursuant to the law, religious organizations may participate in monitoring prisons, including creating and implementing programs to improve the correctional system and developing and publicly discussing draft laws and regulations as they relate to the prison system. Religious groups may identify, provide, distribute, and monitor the use of humanitarian, social, legal, and charitable assistance to prisoners. They may provide other forms of assistance to penitentiary system bodies, as long as they do not contradict the law. According to the law, prisoners may possess religious literature, but only if approved after a religious expert analysis conducted by the CRA.

The law defines “religious tourism” as a “type of tourism where people travel for performance of religious rites in a country (place) of temporary residence” and requires the MISD to regulate it and, together with the Sunni Hanafi Spiritual Administration of Muslims (SAMK), oversee the process by which individuals participate in the Hajj or other travel for the performance of religious rites. The government requires that specially selected guides and imams accompany each group and states that the rules are designed to ensure pilgrims are not recruited by extremist religious groups.

The law prohibits religious ceremonies in government buildings, including those belonging to the military or law enforcement.

The law states production, publication, and dissemination of religious literature and information materials of religious content is allowed only after receiving a positive expert opinion from the CRA. The law limits to one copy per publication an exemption from expert review for importing religious materials for personal use.

The law states the government shall not interfere with the rights of parents to raise their children consistent with their religious convictions, unless such an upbringing harms the child’s health or infringes upon the child’s rights.

The law requires organizations to “take steps to prevent involvement or participation of anyone under the age of 18 in the activities of a religious association,” if one of the parents or other legal guardians objects. The law bans religious activities, including proselytizing, in children’s holiday, sport, creative, or other leisure organizations, camps, or sanatoria. The extent to which organizations must prevent underage persons’ involvement in religious activity is not specifically outlined and has not been further defined by authorities.

The law prohibits religious instruction in public schools, colleges, or universities. Homeschooling for religious reasons is also prohibited. The law allows for after school and other supplemental religious instruction as long as it is provided by a registered religious group. A decree mandates that schoolchildren wear school uniforms that comply with the secular nature of education and prohibits inclusion of any elements that could indicate religious affiliation, such as head coverings.

The election law prohibits political parties based on religious affiliation.

The criminal code prohibits creating, leading, or actively participating in a religious or public association whose activities involve committing acts of “violence against citizens or the causing of other harm to their health or the incitement of citizens to refuse to carry out their civil obligations, as well as the creation or leadership of parties on a religious basis.” The code punishes such acts with a fine of up to 15.2 million tenge ($39,900) or up to six years’ imprisonment. To perform missionary or other religious activity in the country, a foreigner must obtain a missionary or religious visa. These visas allow a person to stay for a maximum of six months, with the possibility to apply to extend the stay for another six months. To obtain missionary visas, applicants must be invited by a religious group formally registered in the country. The CRA must approve the letter of invitation. Applicants must obtain consent from the CRA each time they apply. The CRA may reject missionary visa applications based on a negative assessment from CRA religious experts, or if it deems the missionaries represent a danger to the country’s constitutional framework, citizens’ rights and freedoms, or any person’s health or morals. The constitution requires foreign religious groups to conduct their activities, including appointing the heads of local congregations, “in coordination with appropriate state institutions,” notably the CRA and the Ministry of Foreign Affairs (MFA). Foreigners may not register religious groups.

Local and foreign missionaries are required to register annually with the local executive body of a region or the cities of Nur-Sultan, Almaty, and Shymkent and provide information on their religious affiliation, intended territory of missionary work, and time period for conducting that work. Missionaries must submit all literature and other materials intended to support their missionary work together with their registration application. Use of materials not vetted during the registration process is illegal. A missionary must produce registration documents and a power of attorney from the sponsoring religious organization to work on its behalf. The local executive body of a region or the cities of Nur-Sultan, Almaty, and Shymkent may refuse registration to missionaries whose work “constitutes a threat to the constitutional order, social order, the rights, and freedoms of individuals, or the health and morals of the population.”

The law does not provide for conscientious objection to mandatory military service on religious grounds, but the government has exempted Jehovah’s Witnesses from mandatory service.

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

Government Practices

According to Forum 18, at year’s end, 24 Sunni Muslims were serving sentences connected to their religious activities or beliefs, 10 of whom were convicted during the year. An additional six Muslims, all convicted in 2017 or 2018, were serving restricted freedom sentences; 15 individuals whose prison terms had ended remained under bans on religious activities; and 27 individuals with completed sentences still had their bank accounts blocked.

On August 5, an Almaty court sentenced eight Muslims from different regions to serve between five and one-half to eight years in prison for propaganda of terrorism and incitement of discord. According to the court, one of the defendants created a WhatsApp group “for propaganda of terrorism and Salafi ideas” and “to increase the followers of such ideas.” The messages shared in the WhatsApp group contained quotes of prominent Wahhabi or Salafi scholars. Media reported the defendants maintained their innocence and appealed. On November 20, the Almaty City Court rejected their appeal. Tirek, a domestic alliance of human rights organizations, included the eight men on its list of prisoners of conscience.

Media reported that on October 15, Karlygash Adasbekova and Daria Nyshanova stood trial in the Almalinski District Court in Almaty for involvement in Hizb ut-Tahrir, banned in the country as an extremist organization. The government charged the two women with inciting religious discord and disseminating Hizb ut-Tahrir ideas in a WhatsApp group. At year’s end, the trial was ongoing.

According to local media, on October 17, a trial began in the Alatau District Court in Almaty against Bekzhon Shalabayev, charged with propagandizing terrorism and participating in Hizb ut-Tahrir. The investigation concluded Shalabayev used Facebook and WhatsApp to spread terrorist propaganda. He denied the charges but admitted he was a member of Hizb ut-Tahrir. The trial continued at year’s end. Shalabayev did not appear for hearings on December 19 or 29, and the court placed him on its list of wanted persons.

Forum 18 reported the court allowed Saken Tulbayev, released on November 29 after serving a four-year prison term for adherence to the banned Tabligh Jamaat movement, to go to mosque but banned him from conducting “missionary activity” and from membership in “extremist organizations.” Like other former prisoners, his bank accounts remained blocked. According to Forum 18, the government typically added those convicted under terrorism or extremism charges to the Ministry of Finance’s list of individuals “connected with the financing of terrorism or extremism,” freezing their bank accounts. Families often discovered accounts were blocked only after going to the bank. Forum 18 reported relatives were allowed to withdraw small amounts if they did not have other sources of income.

According to media and Forum 18, on January 9, the Balkhash City Court sentenced Abilai Bokbasarov to three years in prison for holding “secret meetings” and recruiting other Muslims to the banned Tabligh Jamaat movement. The court also banned him from engaging in religious activities for five years after completing his prison term. Media reported that Bokbasarov admitted his guilt during the investigation and agreed to a plea bargain. According to Forum 18, the court also ordered that Bokbasarov pay compensation to victims amounting to 48,100 tenge ($130) and a fee of 1,255 tenge ($3) for the government’s analysis.

On May 2, the Al-Farabi District Court of Shymkent convicted ethnic Uzbek Dilmurat Makhamatov of “inciting religious hatred” and “propaganda of terrorism” and sentenced him to eight years in prison. The court also banned Makhamatov from preaching for life. Makhamatov denied the charges and said he would appeal the court decision. Prosecutors stated he conducted “illegal preaching among Kazakhstanis via the internet” while in Saudi Arabia. According to media, Makhamatov lived in Saudi Arabia with his family for approximately 10 years until October 2018, when Saudi authorities arrested him and extradited him to Kazakhstan.

Forum 18 reported that on February 21, a German court rejected Kazakhstan’s request to extradite Sunni Muslim Murat Bakrayev. The court released him from detention the same day. Authorities accused Bakrayev, who left the country in 2005, of inciting religious hatred, expressing support for terrorism or extremism, and participating in a banned organization. Previously, in December 2018 the Atyrau City Court convicted two Muslim men, Erzhan Sharmukhambetov and Ermek Kuanshaliyev, and sentenced them to three and one-half years of restricted freedom, a form of probation, for incitement of discord and participating in the activities of a banned religious association. According to Forum 18, Bakrayev’s family and friends said police arrested Sharmukhambetov and Kuanshaliyev to pressure them to testify against Bakrayev.

Between September 2018 and August, 32 Jehovah’s Witness conscientious objectors initially encountered difficulties in obtaining exemption from military service, although all cases were eventually resolved through dialogue with the authorities, the Jehovah’s Witnesses reported. They said that at first, local enlistment officers considered the certificate issued by the recruits’ local religious communities to be insufficient evidence to exempt the young men. The local religious communities then provided clarification on their eligibility for exemption and letters from the conscientious objectors formally asking to be released from military service.

Religious freedom NGO Association of Religious Organizations of Kazakhstan (AROK) reported consistently that authorities continued to use the religion law to harass and restrict minority religious groups with fines and limitations on their activities. For example, according to Forum 18, during the year, of 159 administrative charges, 139 ended with convictions, with 135 individuals, two religious communities, and one company being fined. Muslims, members of minority Christian groups, and commercial and private sellers were the targets of most of these prosecutions, Forum 18 reported. Violations included attending worship meetings not approved by the state; offering, importing, or selling religious literature and pictures, including on the internet; sharing or teaching faith; and violating procedures for praying in mosques. In comparison, according to Forum 18, authorities carried out 171 administrative prosecutions in 2018 and 284 in 2017. AROK stated that authorities targeted minority religious groups for allowing children younger than 18 to attend religious and community events. Although the law requires religious leaders to “take measures” to confirm that all participants are older than 18 or have the permission of both parents, some leaders said this was difficult in practice.

In July the Mugalzhar District Court in Aktobe Region determined that Jehovah’s Witness Bolat Isabayev had violated procedures established in the law for conducting rites by holding an unapproved meeting for worship and fined him 88,375 tenge ($230), the Jehovah’s Witnesses reported. In May Isabayev invited 13 guests to his house, including children, to watch videos and conduct a religious rite. Jehovah’s Witnesses stated that police, called to Isabayev’s house at the request of neighbors, arrived to interrupt the gathering. The court determined Isabayev violated the religion law by not obtaining permission from his neighbors and from local authorities. On July 2, the Aktobe Regional Court upheld the lower court’s decision.

On May 2, the Taranovsk District Court found Jehovah’s Witness Sergey Nurmanov guilty of “violations of requirements on holding religious rites, ceremonies, and/or assemblies.” Nurmanov had conducted religious meetings at the registered address of his religious organization. The court, however, penalized him for conducting these meetings without obtaining permission from his neighbors. The court fined him approximately 88,375 tenge ($230). On June 3, the Kostanay Regional Court upheld the decision.

On February 3, approximately a dozen law enforcement officials raided an apartment in Atyrau where the registered Society of Krishna Consciousness (ISKCON) had gathered for a religious meeting. Police said they were responding to an anonymous complaint about noise and suspicious persons and interrogated the worshippers. Authorities then initiated a case against the ISKCON members for conducting a religious event without prior permission from the local government. On February 25, some members of the organization received a summons to the regional Department for Religious Affairs, where officials asked them to write explanations and threatened them with administrative penalties. No further action was reported at year’s end.

According to Forum 18, police harassed founders of Oskemen’s New Life Church when it sought reregistration under a new name in May. The church last gained reregistration in October 2012. Officers visited several founders late at night and issued threats when one refused to open her door. Church members told Forum 18 that “the founders do not think their rights are being protected by the law or its representatives”; rather, they “are being subjected to pressure, which cannot help but arouse concern about the right to freedom of conscience.”

In December 2018 the ISKCON community in Aktau in Mangistau Region began facing “intrusive questioning,” according to Forum 18. On January 22, head of the regional Department for Religious Affairs Yerlan Esbergenov stated that unless all 62 founders completed questionnaires, officials would not register the community. The community had applied for registration in November 2018. Authorities required, among other information, “the reason for supporting the Krishna religion” and how long the founders had participated in the community’s activity, Forum 18 reported. In February members complained to then minister of information and social development Darkhan Kaletayev and asked him to check the legality of the department’s actions. According to Forum 18, the minister responded on March 6, stating that instances of religious communities providing inaccurate information in their registration applications were increasing and such inspections were “to avoid such occurrences.” At year’s end, officials were still processing ISKCON’s application.

On May 16, an appeals court reversed the decision of the Glubokovsk District Court in East Kazakhstan Region, which had found that Jehovah’s Witness Sergey Merkulov violated the religion law by conducting religious meetings in his home. The district court fined Merkulov 126,250 tenge ($330). Merkulov appealed to the East Kazakhstan Regional Court. The appeals court found no evidence that Merkulov had violated the law.

Courts continued to fine individuals for illegal missionary activity. Religious organizations said local law enforcement continued to interpret and label any religious discussions that took place outside of a registered religious building as “illegal missionary activity,” including invitations to religious services and discussions.

According to Forum 18, on April 10, Kyzylorda Specialized Administrative Court found two Muslims in Kyzylorda, Mukhtar Gadzhiyev and Darkhan Shilmanbetov, guilty of illegal missionary activity and teaching religion to children. The court imposed a fine of 176,750 tenge ($460).

On March 26, the Baizak District Court of Zhambyl Region convicted member of the Council of Baptist Churches Pavlo Omelich of illegal missionary activity and distributing religious literature and fined him 252,000 tenge ($660), Forum 18 reported. After Omelich appealed the court decision, authorities reclassified his case as violation of the regulation on importing and distributing religious literature and reduced the fine to 126,000 tenge ($330).

On January 4, police in Shymkent charged two female Jehovah’s Witnesses with public nuisance for sharing their faith with others. The court fined the women 12,625 tenge ($33). Later in January, however, the Shymkent City Specialized Administrative Court annulled the fines.

In May a court fined a woman in North Kazakhstan Region 88,375 tenge ($230) for an administrative violation of the law on dissemination of religious literature. According to the court, the woman attempted to sell electronic versions of the Quran on the internet.

Media reported in June that a resident of Petropavlovsk shared audio and video files with religious content over social media, a violation of the law on dissemination of religious literature. He received a fine of 126,250 tenge ($330). According to a police spokesman, “Supporters of destructive religious movements . . . use various methods and methods of recruitment,” such as illegal distribution of religious literature. The report added that there were 12 legal resellers of religious literature in North Kazakhstan.

On January 29, the government withdrew from consideration amendments to the religion law that would have placed additional restrictions on religious attire, symbols, education, and literature, as well as proselytizing and membership and participation in religious communities. Civil society representatives and religious experts stated they feared such amendments would have further infringed religious liberty, and they praised the decision to withdraw the amendments.

The Council of Baptist Churches stated it continued to refuse on principle to register under the law. Community representatives reported authorities continued to closely monitor their meetings and travels, and police followed and surveilled them as in prior years. Baptists reported several police raids on adherents’ residences and churches and 18 administrative court cases during the year. For example, media reported that police in Taraz raided Council of Baptist Churches’ Sunday worship services on February 10 and 17 and March 3. Police officers filmed the services and the worshippers and requested that they all provide written explanations for why they took part in the activities of an unregistered religious organization. Brothers Yakov and Viktor Fot subsequently received fines of 252,500 tenge ($660) and 126,250 tenge ($330) for leadership of and participating in an unregistered religious organization, respectively.

The government maintained its policy of banning religious clothing from schools. The Ministry of Education and Science continued to prohibit headscarves in schools throughout the country.

According to the Aktobe Department of Education, eight girls in Aktobe Region were not permitted to attend classes because they wore headscarves. Authorities fined Nuraly Shakkozov 50,000 tenge ($130) for violating the school uniform requirement in connection with his three daughters. Aktobe School No. 31 stated the three girls came to school every day during the fall, but the school could not allow them to enter because they violated the school uniform requirement. Mergali Tilepin, father of three girls attending Aktobe School No. 13, told media his daughters had to remove their headscarves before entering the school building and put them back on when leaving the school. He said many parents had to agree to these conditions.

Lawyer Agysbek Tolegenov, who represented parents filing headscarf cases against the government, stated to media that parents filed no cases challenging the ban on wearing headscarves in school during the year, compared with 18 unsuccessful court cases filed in 2018.

According to Forum 18, some Muslims faced repeated questioning from law enforcement about their faith. Yerlan (no last name provided), a Muslim from a village in North Kazakhstan Region’s Kyzylzhar District, told Forum 18 he was the subject of “intrusive” police questioning on July 20 because of his faith – the latest in six years of questioning, he said. According to Yerlan, the officer had a report indicating he was a Salafi Muslim. He said surveillance and questioning started after an anonymous complaint that he was a terrorist. “Officers keep coming and asking me what religion I follow, what movement within it, how long I have belonged to it,” Yerlan told Forum 18. He added, “I have the right to reveal or not to reveal my faith. They never say on what basis they are asking these questions.” The Interior Ministry told Yerlan, in a response to his complaint on a public inquiry section of the minister’s blog, that the July 20 questioning had been in accordance with police practices.

The Church of Scientology continued to function as a registered public association rather than as a religious organization. The government allowed the Church, as a public association, to maintain resource centers/libraries where members could read or borrow books and host discussions or meetings but did not allow the Church to engage in religious activity.

The MISD and the SAMK maintained an official agreement on cooperation, and NGOs continued to state this led to the government effectively exercising control over the nominally independent SAMK. The government did not approve the registration of Muslim groups apart from the Sunni Hanafi school, which the SAMK oversaw. All other schools of Islam remained unregistered and officially unable to practice in the country, although religious leaders reported some Muslim communities continued to worship informally without government interference. By joining the SAMK, Muslim communities relinquished the right to appoint their own imams, subjected themselves to SAMK approval over any property actions (such as sales, transfers, or improvements), and were required to pay 30 percent of the mosque’s income to the SAMK. The SAMK also set the curriculum for religious education across the country and provided directives for sermons during Friday prayers.

The SAMK continued to oversee the opening of new and restored mosques. According to the CRA, there are 2,638 mosques in the country. The government and news media offered varying statistics that were occasionally inconsistent. In March then president Nazarbayev launched the construction of a new mosque in Nur-Sultan, which when completed would be the largest mosque in Central Asia and among the 10 largest in the world.

According to CRA statistics for the first nine months of the year, there were 3,770 registered religious associations or branches thereof in the country, compared with 3,715 in 2018. The SAMK continued to control the activities of all 2,640 formally registered Muslim groups affiliated with the Sunni Hanafi school and had authority over construction of new mosques, appointment of imams, and administration of examinations and background checks for aspiring imams. The SAMK was responsible for authorizing travel agencies to provide Hajj travel services to citizens. Based on a slight increase in demand, Saudi Arabia increased its 2019 pilgrimage quota for Kazakhstani Muslims to 3,200, from 3,000 the previous year. The MISD continued to work closely with the SAMK on the training of imams, upgrading madrassahs to the status of degree-granting colleges, and controlling Hajj pilgrimages. The SAMK permitted imams to enroll in baccalaureate, masters, or PhD programs offered at Nur Mubarak University’s Islamic Studies and Religious Studies departments based on their prior education levels. There were 15 schools for religious training of Sunni Hanafi imams, an increase from 11 schools in 2018, one for Roman Catholic clergy, and one for Russian Orthodox clergy.

During the year, the MISD transferred authority for monitoring the internet and collecting information on internet sites with “destructive” content to a new commission within the ministry, the Center for Religious Expert Analysis. This work was previously undertaken by the Scientific-Analytical Center under the Ministry of Social Development, which did not operate during the year. The new center did not make public any information about the substance of its work or statistics on the number of websites it found containing what it considered to be harmful information.

In a September 4 interview posted on the Kostanay News website and also on a government-affiliated research organization’s webpage, the head of expert analysis on religious groups within the CRA spoke critically of smaller Christian organizations and other small religious groups, such as the Baha’is. The expert said the organizations were deliberately preaching in the Kazakh language to convert more people and lamented that more and more ethnic Kazakhs were converting to these religions in recent years, sometimes now constituting 50-60 percent of the membership in such groups.

According to the Penitentiary Committee of the Ministry of Internal Affairs, all prisons had a dedicated specialist to create programs to counter religious extremism, in accordance with a 2017 order issued by the Minister of Internal Affairs adding the position of “religious specialist” to prison staff as part of the State Program for Counteraction against Terrorism and Religious Extremism.

Legal Framework

The constitution guarantees freedom of conscience and religion; the right to practice or not practice a religion, individually or jointly with other persons; and the right to refuse to express one’s religious views. It bans actions inciting religious hatred.

The constitution establishes the separation of religion and state. It prohibits the establishment of religiously based political parties and the pursuit of political goals by religious groups. The constitution prohibits the establishment of any religion as a state or mandatory religion.

The law states all religions and religious groups are equal. It prohibits “insistent attempts to convert followers of one religion to another” and “illegal missionary activity,” defined as missionary activity of groups not registered with the SCRA. The law also prohibits the involvement of minors in organized, proselytizing religious groups, unless a parent grants written consent.

The law requires all religious groups and religiously affiliated schools to register with the SCRA, which is responsible for overseeing the implementation of the law’s provisions on religion. The law prohibits activity by unregistered religious groups. Groups applying for registration must submit an application form, organizational charter, minutes of the organizing meeting, and a list of founding members. Each congregation of a religious group must register separately and must have at least 200 resident founding citizens. Foreign religious organizations are required to renew their registrations with the SCRA annually. The law also requires that religious groups register with local councils to establish new places of worship.

The SCRA is legally authorized to deny the registration of a religious group if it does not comply with the law or is considered a threat to national security, social stability, interethnic and interdenominational harmony, public order, health, or morality. The SCRA may also deny or postpone the registration of a particular religious group if it deems the proposed activities of the group are not religious in character. Denied applicants may reapply at any time or may appeal to the courts. The law prohibits unregistered religious groups from actions such as renting space and holding religious services. Violations may result in an administrative fine of 500 som ($7).

After the SCRA has approved a group’s registration as a religious entity, the group must register with the Ministry of Justice to obtain status as a legal entity so it may own property, open bank accounts, and otherwise engage in contractual activities. The organization must submit an application to the ministry that includes a group charter with an administrative structure and a list of board and founding members. If a religious group engages in a commercial activity, it is required to pay taxes. By law, religious groups are designated as nonprofit organizations exempt from taxes on their religious activities.

The law gives the SCRA authority to ban a religious group in cases where courts concur that a religious organization has undermined the security of the state; has undertaken actions aimed at forcibly changing the foundations of the constitutional system; created armed forces or propaganda advocating war or terrorism; has engaged in the encroachment on the rights of citizens or obstruction of compulsory education of children; has coerced members to remit their property to the religious group; or has encouraged citizens to refuse to fulfil their civil obligations and break the law. The group may appeal the decision in the courts.

The constitution prohibits religious groups from “involvement in organizational activities aimed at inciting ethnic, racial, or religious hatred.” A conviction for inciting ethnic, racial, or religious hatred may lead to a prison term of three to eight years, while a conviction for creating an organization aimed at inciting ethnic, racial, or religious hatred may lead to a term of five to 10 years. Conviction for murder committed on the grounds of religious hatred is punishable by life imprisonment.

The law mandates separate prison facilities for prisoners convicted of terrorism and “extremism.” The law also allows for stripping the citizenship of any Kyrgyz national found to have trained to acquire skills to commit terrorist or extremist crimes outside the country. The law defines “extremist activity” as including the violent overthrow of the constitutional order; undermining the security of the country; violence or inciting violence on racial, national, or religious grounds; propagating the symbols or paraphernalia of an extremist organization; carrying out mass riots or vandalism based on ideological, political, racial, national, or religious hatred or enmity; and hate speech or hostility toward any social group.

According to the law, only individuals representing registered religious organizations may conduct missionary activity. If a foreign missionary represents an organization approved by the SCRA, the individual must apply for a visa with the Ministry of Foreign Affairs. Visas are valid for up to one year, and a missionary is allowed to work three consecutive years in the country. All foreign religious entities, including missionaries, must operate within these restrictions and must reregister annually. Representatives of religious groups acting inconsistently with the law may be fined or deported. Violations of the law may result in fines of 1,000 som ($14), and deportation in the case of foreign missionaries.

The law provides for the right of religious groups to produce, import, export, and distribute religious literature and materials in accordance with established procedures, which may include examination by state experts. The law does not require government examination of religious materials (such as literature and other printed or audio or video materials), and it does not define the criteria for state religious experts. The law prohibits the distribution of religious literature and materials in public locations or in visits to individual households, schools, and other institutions. The law specifies fines based on the nature of the violations. In January President Sooronbay Jeenbekov approved updates to the criminal code, including the law governing extremist materials. The updated law now requires that law enforcement demonstrate an intent to distribute extremist materials to arrest a suspect. Prior to the changes to the law, simple possession of extremist materials was deemed sufficient to arrest suspects.

The law allows public schools an option to offer religion courses that discuss the history and character of religions, as long as the subject of such teaching is not religious doctrine and does not promote any particular religion. Private religious schools need to register with SCRA to operate as such.

According to the law, religion is grounds for conscientious objection to and exemption from military service. Conscientious objectors must pay a fee of 18,000 som ($260) to opt out of military service. Draft-eligible males must pay the fee before turning 27 years of age. Failure to pay by the age limit requires the person to perform 108 hours of community service or pay a fine of 25,000 som ($360). If males are unable to serve due to family circumstances and have not paid by the age limit, they must pay 18,000 som ($260). Draft-eligible men who evade military service and do not fall under an exemption are subject to a fine or imprisonment of up to two years. It is obligatory to serve in the military for 12 months, though the law provides for alternative forms of community service. Religious groups are not exempt from this law and must pay to opt out of military service.

The country is a party to the ICCPR.

Government Practices

On June 19, officers of the State Committee on National Security (GKNB) and the Interior Ministry detained six members of the organization Hizb ut-Tahrir in the At-Bashi District of Naryn Oblast (province).

The government maintained its bans on 21 “religiously oriented” groups it considered to be extremist, including: al-Qaida, the Taliban, Islamic Movement of Eastern Turkistan, Kurdish Peoples’ Congress, Organization for the Release of Eastern Turkistan, Hizb ut-Tahrir (HT), Union of Islamic Jihad, Islamic Party of Turkistan, Family Federation for World Peace and Unification (Unification Church), Takfir Jihadist, Jaysh al-Mahdi, Jund al-Khilafah, Ansarullah, At-Takfir Val Hidjra, Akromiya, ISIS, Djabhat An Nusra, Katibat al-Imam al-Buhari, Jannat Oshiqlari, Jamaat al-Tawhid wal-Jihad, and Yakyn Incar. Authorities also continued to ban all materials or activities connected to the Chechen Islamist militant leader A.A. Tihomirov (aka Said Buryatsky), whose activities and materials the Bishkek District Court deemed to be extremist in 2014.

According to open sources, extremism arrests dropped significantly after the change to extremism laws in January, with six arrests reported in the press during the year, compared with 213 the previous year. Official government statistics were not available. Extremist incidents included membership in a banned “religiously oriented” organization, distribution of literature associated with a banned organization, and proselytizing on behalf of or financing a banned organization. The GKNB reported that, during the first nine months of the year, 399 pieces of extremist materials were seized by the government, but that criminal cases were not initiated due to the changes to the extremism law. Ethnic Uzbeks said that the police targeted and harassed them, usually in connection with the possession of banned religious literature or support of banned organizations, which they said was based on false testimony or planted evidence. Leadership of two Christian denominations reported that both the SCRA and the GKNB made unannounced visits to their places of worship, under the guise of preventing extremism, in which they demanded that churches present their financial records and religious texts.

Parliament continued to consider 2018 draft amendments to the religion law submitted by the SCRA. The revised amendments include a ban on door-to-door proselytizing and a requirement to notify the government prior to undertaking religious education abroad. The SCRA eliminated a proposed change to increase the number of members required to register as a religious organization (from 200 to 500 members), allowing registered religious organizations to create filial branches across the country regardless of the number of adherents in a locality. Jehovah’s Witnesses continue to express concerns with the draft amendments. The SCRA submitted the amendments to parliament early in the year and at year’s end were being reviewed under a second reading before parliament. Generally, proposed laws undergo three readings in parliament before floor debate and a vote.

On March 29, the UN Human Rights Committee found that the provision of the law requiring that religious groups register with local councils to establish new places of worship was in violation of Article 18 of the ICCPR and the constitution. The Supreme Court had in 2014 found this provision to be unconstitutional. Jehovah’s Witnesses noted that the provision of the law remained in force, stating that parliament failed to amend the law to reflect the decision of the Supreme Court.

NGOs working in prison reform and countering violent extremism reported that the laws mandating separate facilities for prisoners convicted of terrorism and extremism were often poorly implemented. NGOs reported that violent extremists were not separated from inmates who were incarcerated for lesser crimes, including simple possession of extremist materials, which they said could lead to radicalization of other populations in the prisons. NGOs reported that prison authorities required religious literature other than the Quran or hadith (the record of the traditions or sayings of the Prophet Mohammed) to be approved by the muftiate.

Religious groups continued to report the SCRA registration process was cumbersome, taking anywhere from one month to several years to complete. One group reported that the SCRA had not registered it, after five years of attempts. Some unregistered groups continued to report they were able to hold regular religious services without government interference, especially foreign religious organizations that had been registered in the past and had an annual application for reregistration pending. The SCRA reported it registered one Protestant, eight Presbyterian, three Pentecostal, three Baptist, and four evangelical Protestant congregations during the year. The SCRA reported that 2,669 mosques were legally registered under the law, and approximately 300 mosques did not receive registration due to a lack of documentation.

According to Forum 18, the SCRA registered more than 60 Christian churches and organizations, most of them Protestant, between the end of 2018 and June. Authorities registered the Jehovah’s Witnesses Community in Osh early in the year after 10 years of seeking registration. Forum 18 reported that Jehovah’s Witness communities in Naryn, Jalal-Abad, and Batken Oblasts were still unable to register, however.

According to Forum 18 News, despite some religious organizations successfully registering, registration “does not remove many obstacles to exercising freedom of religion and belief.” Members of various religious communities stated they could still not hold public meetings outside their registered addresses without permission, and that authorities usually did not grant permission. They also stated that religious literature could not be imported without going through state censorship, and that members could not publicly share their beliefs.

Although the government continued not to list the Ahmadiyya Muslim Community as a banned organization, a representative of the group confirmed it still had not obtained registration. The community initially registered in 2002, but the SCRA had declined to approve its reregistration every year since 2012, including again in 2019. The SCRA has also refused to register Tengrism as a religion since 2013, on the stated basis that government theologians said that Tengrism is a philosophical movement and not a religion.

The SCRA continued to state that, while the law did not mandate expert review of religious literature, its practice was to examine imported religious materials submitted for review by religious organizations. There continued to be no specific procedure for hiring or evaluating the experts performing the examination of religious literature that groups wished to distribute within their places of worship. According to religious studies academics, the SCRA continued to choose its own employees or religious scholars with whom the agency contracted to serve as the experts. Attorneys for religious groups continued to say the experts chosen by the SCRA were biased in favor of prosecutors and were not formal experts under the criminal procedure code. The State Forensic Service, with support from SCRA on religious matters, screened the content of websites, printed material, and other forms of media for extremist content.

Jehovah’s Witness representatives stated that the SCRA and other government organizations continued to use spurious applications of the law to prevent the establishment of new congregations. On August 28, the SCRA rejected an application by the Jehovah’s Witnesses for the registration of a religious organization in the city of Kadamjay, citing an article in the housing codex as the rationale for rejection, noting that industrial or commercial activities were prohibited in residential housing. According to a letter from the SCRA, since the Jehovah’s Witnesses were attempting to register their religious organization through a residential address, the SCRA could not approve their application. The Jehovah’s Witnesses also reported that the refurbishment of an established Kingdom Hall in Sovietskaya, Jalalabad Oblast, was halted after the city government formed a committee to investigate the construction. The committee stated that the Jehovah’s Witnesses were engaged in proselytism, and that their community had failed to register with the local council. In light of these findings, the committee, which included the SCRA representative in Jalalabad Oblast, demanded that the Jehovah’s Witnesses cease all religious activity that was not approved by local residents in order to prevent the threat of religious conflict. While the law does not require examination of all religious literature and materials, religious groups, including the Jehovah’s Witnesses, stated that SCRA required they submit 100 percent of their religious material for review.

According to representatives of religious groups, refusal either to serve or to pay a fee to opt out of military service continued to subject a conscientious objector to hardship, because military service remained a prerequisite for employment in the government and with many private employers.

The SCRA again held interfaith dialogue forums in all seven oblasts of the country during the year. These forums included Muslim, Russian Orthodox, Catholic, Protestant, and Baha’i participants, as well as civil society representatives, local authorities, and officials from the Ministry of Interior and the GKNB. The forums focused on religious tolerance, cooperation, and mutual understanding among representatives of religious communities, as well as between the state and religious organizations. Religious groups stated they were generally happy with the interfaith platforms, though there were few concrete results.

Legal Framework

The constitution states there shall be “absolute freedom of conscience” and declares the state will respect all religious groups and denominations, as well as the personal status and religious interests of persons of every religious group. The constitution guarantees free exercise of religious rites, provided they do not disturb the public order, and declares the equality of rights and duties for all citizens without discrimination or preference.

By law, an individual is free to convert to a different religion if a local senior official of the religious group the person wishes to join approves the change. The newly joined religious group issues a document confirming the convert’s new religion, allowing the convert to register her or his new religion with the Ministry of Interior’s (MOI’s) Personal Status Directorate. The new religion is included thereafter on government-issued civil registration documents.

Citizens have the right to remove the customary notation of their religion from government-issued civil registration documents or change how it is listed. Changing the documents does not require approval of religious officials.

The penal code stipulates a maximum prison term of one year for anyone convicted of “blaspheming God publicly.” It does not provide a definition of what this entails.

The penal code criminalizes defamation and contempt for religion and stipulates a maximum prison term of three years for either of these offenses.

By law, religious groups may apply to the government for official recognition. To do so, a religious group must submit a statement of its doctrine and moral principles to the cabinet, which evaluates whether the group’s principles are in accord with the government’s perception of popular values and the constitution. Alternatively, a nonrecognized religious group may apply for recognition by seeking affiliation with another recognized religious group. In doing so, the nonrecognized group does not gain recognition as a separate group but becomes an affiliate of the group through which it applies. This process has the same requirements as applying for recognition directly with the government.

There are 18 officially recognized religious groups. According to the government, these include five Muslim groups (Shia, Sunni, Druze, Alawite, and Ismaili), 12 Christian groups (Maronite, Greek Orthodox, Greek Catholic, Armenian Catholic, Armenian Orthodox, Syriac Orthodox, Syriac Catholic, Assyrian, Chaldean, Copt, evangelical Protestant, and Roman Catholic), and Jews. Groups the government does not recognize include Baha’is, Buddhists, Hindus, several Protestant groups, and the Church of Jesus Christ.

Official recognition of a religious group allows baptisms and marriages performed by the group to receive government recognition, which also conveys other benefits, such as tax-exempt status and the right to apply the religious group’s codes to personal status matters. By law, the government permits recognized religious groups to administer their own rules on family and personal status issues, including marriage, divorce, child custody, and inheritance. Shia, Sunni, recognized Christian, and Druze groups have state-appointed, government-subsidized clerical courts to administer family and personal status law. While the religious courts and religious laws are legally bound to comply with the provisions of the constitution, the Court of Cassation, the highest civil court in the judicial system, has very limited oversight of religious court proceedings and decisions.

There are no formalized procedures for civil marriage or divorce. The government recognizes civil marriage ceremonies performed outside the country irrespective of the religious affiliation of each partner in the marriage. While some Christian and Muslim religious authorities will perform interreligious marriages, clerics, priests, or religious courts often require the nonbelonging partner to pledge to raise his or her children in the religion of the partner and/or to relinquish certain rights, such as inheritance or custody claims, in the case of divorce.

Nonrecognized religious groups may own property, assemble for worship, and perform religious rites freely. They may not perform legally recognized marriage or divorce proceedings and they have no standing to determine inheritance issues. Given agreements in the country’s confessional system that designate percentages of senior government positions, and in some cases specific positions, for the recognized religious confessions, members of nonrecognized groups have no opportunity to occupy certain government positions, including cabinet, parliamentary, secretary-general, and director general positions.

The government requires Protestant churches to register with the Evangelical Synod, a self-governing advisory group overseeing religious matters for Protestant congregations and representing those churches to the government.

The law allows censorship of religious publications under a number of conditions, including if the government deems the material incites sectarian discord or threatens national security.

According to the constitution, recognized religious communities may operate their own schools, provided they follow the general rules issued for public schools, which stipulate schools must not incite sectarian discord or threaten national security. The government permits but does not require religious education in public schools. Both Christian and Muslim local religious representatives sometimes host educational sessions in public schools.

The constitution states “sectarian groups” shall be represented in a “just and equitable balance” in the cabinet and high-level civil service positions, which includes the ministry ranks of secretary-general and director general. It also states these posts shall be distributed proportionately among the major religious groups. This distribution of positions among religious groups is based on the unwritten 1943 National Pact, which used religious affiliation data from the 1932 census (the last conducted in the country.) According to the pact, the president shall be a Maronite Christian, the speaker of parliament shall be a Shia Muslim, and the prime minister shall be a Sunni Muslim. This proportional distribution also applies to high-level positions in the civil service, the judiciary, military and security institutions, and public agencies at both the national and local levels of government. Parliament is elected on the basis of “equality between Christians and Muslims,” and cabinet positions must be allocated on the same basis. Druze and sometimes Alawites are included in this allocation with the Muslim communities.

The constitution also states there is no legitimacy for any authorities that contradict the “pact of communal existence,” thereby giving force of law to the unwritten 1943 National Pact, although that agreement is neither an official component of the constitution nor a formally binding agreement.

The Taif Agreement, which ended the country’s 15-year civil war in 1989, also mandates elections based on the principle of proportional representation between Muslims and Christians in parliament, but resetting the Christian and Muslim allocation at 50 percent each. The agreement also amended powers of the Maronite Christian presidency and Sunni Muslim prime minister, reducing constitutional powers of the president and increasing those of the prime minister, while also subjecting the designation of the prime minister to binding consultations with parliament and the designations of all ministers to a parliamentary vote of confidence.

In addition, the Taif Agreement endorses the constitutional provision of appointing most senior government officials according to religious affiliation, including senior positions within the military and other security forces. Customarily, a Christian heads the army, while the directors general of the ISF and the Directorate of General Security (DGS) are Sunni and Shia, respectively. Several other top positions in the security services are customarily designated for particular confessions as well. While specific positions are designated by custom rather than law, deviating from custom is rare and any change or accommodation generally must be mutually agreed by the confessions concerned.

The Taif Agreement mandates a cabinet with seats allocated equally between Christians and Muslims (which includes Druze and sometimes Alawites)

The Taif Agreement’s stipulations on equality of representation among members of different confessions do not apply to citizens who do not list a religious affiliation on their national registration, and thus they cannot hold a seat designated for a specific confession.

By law, the synod of each Christian group elects its patriarchs; the Sunni and Shia electoral bodies elect their respective senior clerics; and the Druze community elects its sheikh al-aql, its most senior religious leader. The government’s Council of Ministers must endorse the nomination of Sunni and Shia muftis, as well as the sheikh al-aql, and pay their salaries. The government also appoints and pays the salaries of Muslim and Druze clerical judges. By law, the government does not endorse Christian patriarchs and does not pay the salaries of Christian clergy and officials of Christian groups.

The government issues foreign religious workers a one-month visa; to stay longer a worker must complete a residency application during the month. Religious workers also must sign a “commitment of responsibility” form before receiving a visa, which subjects the worker to legal prosecution and immediate deportation for any activity involving religious or other criticism directed against the state or any other country, except Israel. If the government finds an individual engaging in religious activity while on a tourist visa, the government may determine a violation of the visa category has occurred and deport the individual.

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

Government Practices

On June 21, there were media reports that the Hadath municipality, on the outskirts of Beirut’s southern suburbs, prohibited Christians from renting or selling property to Muslims, and local residents and politicians raised concerns of discrimination based on religion. Head of the municipality George Aoun defended his decision and said the ban was instituted in 2010, has been enforced since then, and was intended to preserve the composition of each village or town. He added the decision encouraged coexistence. Aoun said that before the civil war, Hadath was purely Christian but that since then, so many Muslims had moved to the community that they made up 60 percent of its residents. Then minister of interior Raya al-Hassan said she considered this ban to be unconstitutional and promoted sectarian division.

Human Rights Watch (HRW) continued to report that, since 2016, some municipal governments in largely Christian cities forcibly evicted mostly Muslim Syrian refugees from their homes and expelled them to other locations in the country. The HRW report stated religious affiliation was among several reasons for the evictions. Most of those interviewed by HRW said their eviction were due, in part, to their religious identity. According to UNHCR, the municipalities identified as being involved in forcibly evicting and expelling Syrian refugees were predominantly Christian. While many of those interviewed by NGOs continued to state that their eviction was due in part to their religious identities, monthly community tension reports prepared jointly by the UN Development Program (UNDP) and UNHCR along with NGO and implementing partners using population survey data from UNDP did not identify religious discrimination as the key driver of tension between refugees and host communities. NGOs and international organizations, including UNDP, UNHCR, and other UN agencies, also reported that perceptions of competition for jobs, resources, and land were the predominant factors driving refugee evictions, along with security concerns and the country’s history with Syria.

According to the ISF and the Jewish Community Council, the ISF Information Branch summoned senior Jewish Community Council member Semaria Bihar on September 18 for questioning concerning the number of visitors to Beirut’s synagogues and cemeteries over the summer months. Authorities released Bihar the same day but kept his phone overnight.

The government continued to enforce laws against defamation and contempt for religion. For the fourth year in a row, however, there was no judicial action on the lawsuit filed in 2015 by MP Ziad Aswad of the Free Patriotic Movement against “You Stink” activist Assad Thebian, who was accused of “defamation and contempt of religion” for comments he made about Christianity.

On October 31, press reported DGS censored a caricature of Iran’s Supreme Leader Ali Khamenei published in the French weekly Courrier International. DGS covered the caricature with a sticker before allowing the publication to enter Lebanon. DGS reviewed all films and plays, and there were complaints by civil society activists that DGS’s decision-making process lacked transparency and that the opinions of religious institutions and political groups influenced it.

On April 19, a promoter of rock concerts in the country issued a press release stating authorities banned a Brazilian metal band, Sepultura, from entering the country after members of the band were accused of being “devil worshippers.” Organizers, who were only informed of the ban and not allowed to see the government’s official ban order circulated within the government, provided a media statement saying the band was denied entry due to cultural perceptions that metal music is “satanic” and “anti-religion.”

According to local NGOs, some members of unregistered religious groups, such as Baha’is and members of nonrecognized Protestant faiths, continued to list themselves as belonging to recognized religious groups in government records to ensure their marriage and other personal status documents remained legally valid. Many Baha’is said they chose to list themselves as Shia Muslims in order to effectively manage civil matters officially administered by Shia institutions, while members of the Church of Jesus Christ said they registered as evangelical Protestant.

The government again failed to take action to approve a request from the Jewish community to change its official name to the Jewish Community Council from the Israeli Communal Council (the group’s officially recognized name). Additionally, the Jewish community faced difficulty importing material for religious rites; customs agents were reportedly wary of allowing imports of any origin containing Hebrew script given a national ban on trade of Israeli goods.

Non-Maronite Christian groups reiterated criticisms made following May 2018 parliamentary elections that the government had made little progress toward the Taif Agreement’s goal of eliminating political sectarianism in favor of “expertise and competence.” Members of these groups, which include Syriac Orthodox, Syriac Catholics, and Chaldeans, among others, said the fact that the government allotted them only one of the 64 Christian seats in parliament, constituted government discrimination. The Syriac League continued to call for more representation for non-Maronite and non-Greek Orthodox Christians in cabinet positions, parliament, and high-level civil service positions, typically held by members of the larger Christian religious groups. During protests that sprang up across the country beginning on October 17, some of the protesters, religious figures and politicians began calling for an electoral law that was not based on religious affiliation.

Similarly, some women’s rights advocates among protesters highlighted the absence of a civil code governing issues of personal status and objected to the country’s reliance on gender-discriminatory family codes adjudicated solely by religious courts.

Members of all confessions may serve in the military, intelligence, and security services. While most confessions had members serving in these capacities, some groups did not do so, usually because of their small number of adherents in the country. Members of the largest recognized confessions dominated the ranks of senior positions.

During Ramadan, the prime minister designated an official delegation, including a medical team that accompanied pilgrims going on Hajj to assist them in administrative and medical matters.

During the July 16-18 Ministerial to Advance Religious Freedom in Washington, then foreign Minister Gebran Bassil praised the country’s confessional system as a stronghold of religious freedom, saying “no minority feels unsafe or threatened by the majority, and no confession fears violation of rights.” He said his presence at the ministerial was a “manifestation of his deepest conviction and the attachment of his country to religious freedom, to protect minorities, and to preserve diversity in the Middle East.”

Speaking on the issue of civil marriage, then minister of interior Raya al-Hassan stated during a February 15 television interview that she “will try to open the door to a serious and deep dialogue on this issue with all religious and other authorities … until civil marriage is recognized.” Al-Hassan’s remarks elicited support from some political figures including Walid Jumblatt, the leader of the predominantly Druze Progressive Socialist Party. Her remarks drew strong opposition from religious figures. According to NGO representatives, civil society figures cautiously engaged both Christian and Muslim leaders throughout the year to assuage fears that civil marriage would pose a threat to religious leaders’ ability to administer their own confessional affairs. During the year, the MOI took no action on the 30 or more cases of civil marriage that awaited registration with the ministry since 2013.

On December 15, Beirut Governor Ziad Chehib, with the permission of the Beirut Municipality and Department of Antiquities, ordered the removal of a sculpture in downtown Beirut because of the statue’s resemblance to the Star of David, the symbol of Judaism. Created by a British artist and installed in 2018, the sculpture was formed of three large metal squares interlocked to form a cube shape, and from above appeared as the Star of David. The gallery that organized the installation said the piece had nothing to do with Israel, but it was nonetheless removed to “avoid any clashes.”

Hizballah, a U.S.-designated Foreign Terrorist Organization, continued to exercise control over some territory, particularly the southern suburbs of Beirut and southern areas of the country, both of which are predominantly Shia Muslim. There, it provided a number of basic services, such as health care, education, food aid, infrastructure repair, and internal security. There continued to be reports of Hizballah controlling access to the neighborhoods and localities under its control, including in Beirut’s southern suburbs and areas of the Bekaa Valley and South Lebanon.

On August 23, Moustapha Nourredine, the owner of a restaurant in the village of Bourj Qalaway in the southern region of Bint Jbeil, canceled a planned performance by the Ktir Salbeh Show, a traveling comedy troupe. Media blamed cancelation on external pressure from Hizballah, exerted because of the sexual content of the group’s jokes and the attire of the female actresses. Nourredine also cited “sharia restrictions” and his request that female actress Dolly Helou not perform as the reasons for the cancellation, and he said the show was canceled due to poor ticket sales.

Legal Framework

The constitution declares the country to be a secular state but defines secularism as “protection of the age-old religion and culture and religious and cultural freedom.” The constitution stipulates every person has the right to profess, practice, and protect his or her religion. While exercising this right, the constitution bans individuals from engaging in any acts “contrary to public health, decency, and morality” or that “disturb the public law and order situation.” It also prohibits persons from converting other persons from one religion to another or disturbing the religion of others and states violations are punishable by law.

The criminal code sets the punishment for converting – or encouraging the conversion of – another person via coercion or inducement (which officials commonly refer to as “forced conversion”) or for engaging in any act, including the propagating of religion, that undermines the religion, faith, or belief of any caste, ethnic group, or community at five years’ imprisonment. It stipulates a fine of up to 50,000 Nepali rupees ($440) and subjects foreign nationals convicted of these crimes to deportation. The criminal code also imposes punishments of up to two years’ imprisonment and a fine of up to 20,000 rupees ($180) for “harming the religious sentiment” of any caste, ethnic community, or class, either in speech or in writing.

The law does not provide for registration or official recognition of religious organizations as religious institutions, except for Buddhist monasteries. It is not mandatory for Buddhist monasteries to register with the government; however, doing so is a prerequisite for receiving government funding for maintenance of facilities, skills training for monks, and study tours. A monastery development committee under the Ministry of Federal Affairs and General Administration oversees the registration process. Requirements for registration include providing a recommendation from a local government body, information on the members of the monastery’s management committee, a land ownership certificate, and photographs of the premises.

Except for Buddhist monasteries, all religious groups must register as NGOs or nonprofit organizations to own land or other property, operate legally as institutions, or gain eligibility for public service-related government grants and partnerships. Religious organizations follow the same registration process as other NGOs and nonprofit organizations, including preparing a constitution and furnishing information on the organization’s objectives, as well as details on its executive committee members. To renew the registration, which must be completed annually, organizations must submit annual financial audits and activity progress reports.

The law prohibits the killing or harming of cattle. Violators are subject to a maximum sentence of three years in prison for killing cattle and six months’ imprisonment and a fine of up to 50,000 rupees ($440) for harming cattle.

A 2011 Supreme Court ruling requires the government to provide protection for religious groups carrying out funeral rites in the exercise of their constitutional right to practice their religion, but it also states the government is not obligated to provide land grants for this purpose. There is no law specifically addressing the funeral practices of religious groups.

The constitution establishes the government’s authority to “make laws to operate and protect a religious place or religious trust and to manage trust property and regulate land management.”

The law does not require religiously affiliated schools to register, but Hindu, Buddhist, and Islamic religious schools must register as religious educational institutions with local district education offices (under the Ministry of Education, Science, and Technology) and supply information about their funding sources to receive funding at the same levels as nonreligious public/community schools. Religious public/community schools follow the same registration procedure as nonreligious public/community schools. Catholic and Protestant groups must register as NGOs to operate private schools. The law does not allow Christian schools to register as public/community schools, and they are not eligible for government funding. Hindu, Buddhist, and Muslim groups may also register as NGOs to operate private schools, but they too are not eligible to receive government funding.

The law criminalizes acts of castebased discrimination in places of worship. Penalties for violations are three months to three years imprisonment, a fine of 50,000 to 200,000 rupees ($440 to $1,800), or both.

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

Government Practices

According to Christian groups and legal experts, police arrested and deported several persons for proselytizing. In June Bardiya District police in the southwestern part of the country arrested a U.S. citizen and his Nepali associate on allegations of coerced or induced conversion. The U.S. citizen, who was in the country for two weeks with an evangelical Christian tourism group, was released on his own recognizance after 12 days in detention and a court hearing in Bardiya, after which he was allowed to return to Kathmandu and depart the country. In April police in the southwestern part of the country arrested a U.S. citizen on similar charges and, as in previous arrests of foreigners for proselytizing, law enforcement quickly transferred her to the Department of Immigration for judgment on a visa-related violation. As with similar arrests in Dolakha District in 2016, multiple sources stated that local police prejudice factored heavily in the selective enforcement of the vague criminal code provision against “forced conversion.”

According to Jehovah’s Witnesses and local civil society members, during the year police arrested five Jehovah’s Witnesses, a decrease from nine in 2018, on separate occasions in Bardiya, Kaski, and Rupandehi Districts on charges of proselytizing. Four of those arrested were Japanese citizens, and the fifth was a Nepali citizen who was released shortly after. Authorities fined and deported two of the Japanese citizens, while the other two were released on bail and were awaiting trial in Pokhara at year’s end. During the year, authorities deported three Jehovah’s Witnesses who were arrested and incarcerated in 2018.

According to members of civil society groups, police arrested at least 23 individuals for alleged cow slaughter during the year, and civil society sources reported that many more remained incarcerated for previous convictions for the same offense.

The government continued and deepened restrictions instituted in 2016 on Tibetans’ ability to celebrate publicly the Dalai Lama’s birthday on July 6, stating the religious celebrations represented “anti-China” activities. Although authorities allowed celebration of the Dalai Lama’s birthday in 2018, in July police, reportedly acting on explicit Home Ministry orders, threatened to arrest Tibetans who openly or privately celebrated the event, including within a walled refugee compound. Similarly, they could only conduct in private other ceremonies with cultural and religious significance, such as Losar, the Tibetan New Year, and World Peace Day, the latter commemorating the Dalai Lama receiving the Nobel Peace Prize.

Abbots of Buddhist monasteries reported monasteries and their related social welfare projects generally continued to operate without government interference, but they and other monks said police surveillance and questioning increased significantly during the year. Tibetan Buddhist business owners also reported unwarranted police questioning about religious and social affiliations in their businesses and homes. Human rights organizations said surveillance increased most in the months before Chinese President Xi Jinping’s October visit to the country, likely to prevent any protests or displays including the Tibetan flag.

Human rights lawyers and leaders of religious minorities continued to express concern the constitution’s and criminal code’s conversion bans could make religious minorities subject to legal prosecution for actions carried out in the normal course of their religious practices, and also vulnerable to prosecution for preaching, public displays of faith, and distribution of religious materials in contravention of constitutional assurances of freedom of speech and expression. Numerous evangelical Christians were arrested during the year, including foreigners, for distributing religious materials and gifts.

Human rights experts expressed concern that a provision in the criminal code banning speech or writing harmful to others’ religious sentiments could be misused to settle personal scores or target religious minorities arbitrarily. According to numerous civil society and international community legal experts, some provisions in the law restricting conversion could be invoked against a wide range of expressions of religion or belief, including the charitable activities of religious groups or merely speaking about one’s faith.

According to legal experts and leaders of religious minority groups, the constitutional language on protecting the “age-old religion” and the prohibition on conversion was intended by the drafters to mandate the protection of Hinduism. Christian religious leaders said the emphasis of politicians in the RPP on re-establishing the country as a Hindu state continued to negatively affect public perception of Christians and Christianity. (The country was a Hindu monarchy until 2007 when the interim constitution established a secular democracy.)

Media and academic analysts continued to state that discussions on prohibiting conversion had entered into religious spheres in the country and that actors seeking political advantage manipulated the issue, prompting religious groups to restrict some activities. One prominent member of the RPP tweeted that the high rate of conversion in the country would eventually cause major setbacks to “Nepal’s identity, culture, and unity” if it continued. Civil society leaders said pressure from India’s ruling party, the Bharatiya Janata Party (BJP), and other Hindu groups in India had pushed politicians in Nepal, particularly within the Hindu nationalist RPP, to support reversion to a Hindu state.

Civil society leaders said what they characterized as right-wing religious groups associated with the BJP in India continued to provide money to influential politicians of all parties to advocate for Hindu statehood. According to NGOs and Christian leaders, small numbers of Hindutva (Hindu nationalist) supporters were endeavoring to create an unfriendly environment for Christians and encouraging “upper-caste” Hindus to enforce caste-based discrimination on social media and occasionally at small political rallies.

Leaders of the minority RPP continued their calls for the reestablishment of Hindu statehood and advocated strong legal action against those accused of killing cows. On February 27, the RPP held a conference in Kathmandu to launch an initiative to convert the country to a Hindu theocracy. The party leadership also stated its intention to ban forced, organized, and planned religious conversion achieved by financial rewards or false promises. Christian leaders continued to express concern and reported that support for Hindu statehood was gaining momentum.

NGO representatives in many parts of the country said municipal governments and other local bodies sometimes continued to require significant tax payments even though the national government had recognized the NGOs’ nonprofit status. Religious leaders said the requirement for NGOs to register annually with local government authorities placed their organizations at political risk. Christian leaders expressed fears that changing obligations could potentially limit the establishment of churches, which must be registered as NGOs. Some Christians said they interpreted the government efforts as an attempt to pressure Christian NGOs to leave the country. Many Christian leaders said missionary hospitals, welfare organizations, and schools continued to operate without government interference, although others reported undue scrutiny when registering as NGOs. They said the government usually did not expel foreign workers for proselytizing, although there were exceptions, but missionaries reported they attempted to keep their activities discreet.

As in 2018, the government did not recognize Christmas as a public holiday as it had previously. The government continued to recognize holidays of other religious minorities, such as Buddha’s birthday, while Muslims were officially permitted a holiday for Eid al-Adha.

A Central Hajj Committee made up of representatives of political parties, mosques, and civil society, under the authority of the Ministry of Home Affairs, continued to coordinate and facilitate logistics for the Hajj for participating Muslims. The government paid for 15 committee members, comparable with previous years, to travel to Saudi Arabia to carry out their work.

Christian leaders said the government-funded Pashupati Area Development Trust continued to prevent Christian burials in a common cemetery behind the Pashupati Hindu Temple in Kathmandu, while also allowing burials of individuals from other non-Hindu indigenous faiths. According to Christian leaders, the government continued its inconsistent enforcement of a court ruling requiring protection of congregations carrying out burials. Protestant churches continued to report difficulties gaining access to land they had bought several years prior for burials in the Kathmandu Valley under the names of individual church members. According to these churches, local communities continued to oppose burial by groups perceived to be outsiders but were more open to burials conducted by Christian members of their own communities. As a result, they reported, some Protestants in the Kathmandu Valley continued to travel to the countryside to conduct burials in unpopulated areas.

Catholic leaders reported that despite their general preference for burials, almost all Catholic parishioners continued to choose cremation due to past difficulties with burials. Many Christian communities outside the Kathmandu Valley said they continued to be able to buy land for cemeteries, conduct burials in public forests, or use land belonging to indigenous communities for burials. They also said they continued to be able to use public land for this purpose.

Muslim groups stated Muslim individuals in the Kathmandu Valley continued to be able to buy land for cemeteries.

According to Hindu, Buddhist, and Muslim groups, the government continued to permit them to establish and operate their own community schools. The government provided the same level of funding for both registered religious schools and public schools, but private Christian schools (not legally able to register as community schools) continued not to receive government funding. Although religious education is not part of the curriculum in public schools, some public schools displayed a statue of Saraswati, the Hindu goddess of learning, on their grounds.

According to the Center for Education and Human Resource Development, which is under the Ministry of Education, Science, and Technology, 907 madrassahs were registered with district education offices, representing no change from the previous year. The number of gumbas (Buddhist centers of learning) registered with the Department of Education rose from 82 in 2016 to 111. The Department had 103 gurukhuls (Hindu centers of learning) registered during the year, up from 100 in 2018.

Some Muslim leaders stated as many as 2,500 to 3,000 full-time madrassahs continued to be unregistered. They again expressed apprehension that some unregistered madrassahs were promoting the spread of less tolerant interpretations of Islam. According to religious leaders, many madrassahs, as well as full-time Buddhist and Hindu schools, continued to operate as unregistered entities because school operators hoped to avoid government auditing and the Department of Education’s established curriculum. They said some school operators also wished to avoid the registration process, which they characterized as cumbersome.

Many foreign Christian organizations had direct ties to local churches and continued to sponsor clergy for religious training abroad.

Legal Framework

The constitution establishes Islam as the state religion but states, “Subject to law, public order, and morality, every citizen shall have the right to profess, practice, and propagate his religion.” According to the constitution, every citizen has the right to freedom of speech, subject to “reasonable restrictions in the interest of the glory of Islam,” as stipulated in the penal code. According to the penal code, the punishments for persons convicted of blasphemy include the death penalty for “defiling the Prophet Muhammad,” life imprisonment for “defiling, damaging, or desecrating the Quran,” and up to 10 years’ imprisonment for “insulting another’s religious feelings.” Speech or action intended to incite religious hatred is punishable by up to seven years’ imprisonment. Under the 2016 Prevention of Electronic Crimes Act (PECA), the Ministry of Religious Affairs and Interfaith Harmony is responsible for reviewing internet traffic and reporting blasphemous or offensive content to the Pakistan Telecommunications Authority (PTA) for possible removal, or to the Federal Investigative Agency (FIA) for possible criminal prosecution.

The constitution defines “Muslim” as a person who “believes in the unity and oneness of Almighty Allah, in the absolute and unqualified finality of the Prophethood of Muhammad … the last of the prophets, and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet after Muhammad.” It also states that “a person belonging to the Christian, Hindu, Sikh, Buddhist, or Parsi community, a person of the Qadiani group or the Lahori group (who call themselves Ahmadis), or a Baha’i, and a person belonging to any of the scheduled castes” is a “non-Muslim.”

According to the constitution and the penal code, Ahmadis may not call themselves Muslims or assert they are adherents of Islam. The penal code bans them from “posing as Muslims,” using Islamic terms, or carrying out Islamic customs, preaching or propagating their religious beliefs, proselytizing, or “insulting the religious feelings of Muslims.” The punishment for violating these provisions is imprisonment for up to three years and a fine. On February 7, the government of Azad Kashmir amended its interim constitution to declare Ahmadis non-Muslim.

The penal code does not explicitly criminalize apostasy, but renouncing Islam is widely considered by clerics to be a form of blasphemy, which can carry the death penalty.

The military courts’ mandate to try civilians for terrorism, sectarian violence, and other charges expired on March 31. The government may also use the Anti-Terrorism Courts (ATCs), established as a parallel legal structure under the 1997 Anti-Terrorism Act, to try cases involving violent crimes, terrorist activities, and acts or speech deemed by the government to foment religious hatred, including blasphemy.

The constitution states no person shall be required to take part in any religious ceremony or attend religious worship relating to a religion other than the person’s own.

The constitution provides for “freedom to manage religious institutions.” It states every religious denomination shall have the right to establish and maintain its own institutions. The constitution states no person shall be compelled to pay any special tax for the propagation or maintenance of a religion other than the person’s own. The government collects a mandatory, automatic 2.5 percent zakat (tax) from Sunni Muslims who hold savings accounts in banks. It distributes the funds through a government-run charity as stipends for poor families and students, payment for medical treatment, and support to Sunni mosques and madrassahs registered with the government. Sunni Muslims who want to distribute zakat themselves may request an exemption, and Shia Muslims are exempted by filling out a declaration of faith form.

The constitution mandates the government take steps to enable Muslims, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to promote the observance of Islamic moral standards. It directs the state to endeavor to secure the proper organization of Islamic tithes, religious foundations, and places of worship.

The Ministry of Religious Affairs and Interfaith Harmony is responsible for organizing participation in the Hajj and other Islamic religious pilgrimages. Authorities also consult the ministry on matters such as blasphemy and Islamic education. The ministry’s budget covers assistance to indigent minorities, repair of minority places of worship, establishment of minority-run small development projects, celebration of minority religious festivals, and provision of scholarships for religious minority students.

The law prohibits publishing any criticism of Islam or its prophets, or insults to others’ religious beliefs. The law bans the sale of Ahmadiyya religious literature.

The provincial and federal governments have legal responsibility for certain minority religious properties abandoned during the 1947 partition of British India.

The constitution states no person attending any educational institution shall be required to attend religious instruction or take part in any religious ceremony relating to a religion other than the person’s own. It also states no religious denomination shall be prevented from providing religious instruction for pupils of its denomination in an educational institution maintained by the denomination.

The constitution states the government shall make Islamic studies compulsory for all Muslim students in state-run schools. Although students of other religious groups are not legally required to study Islam, schools do not always offer parallel studies in their own religious beliefs. In some schools, however, non-Muslim students may study ethics. Parents may send children to private schools, including religious schools, at the family’s expense. In Punjab, Sindh, and Khyber Pakhtunkhwa Provinces, private schools are also required to teach Islamic studies and the Quran to Muslim students.

By law, madrassahs are prohibited from teaching or encouraging sectarian or religious hatred or violence. Wafaqs (independent academic boards) register seminaries, regulate curricula, and issue degrees. The five wafaqs each represent major streams of Islamic thought in the country: Barelvi, Deobandi, Shia, Ahle Hadith, and the suprasectarian Jamaat-i-Islami. The wafaqs operate through an umbrella group, Ittehad-e-Tanzeemat-e-Madaris Pakistan, to represent their interests to the government. The government requires all madrassahs to register with the Ministry of Education in addition to registration with one of five wafaqs.

The constitution states, “All existing laws shall be brought into conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah [Islam’s body of traditional social and legal custom and practice].” It further states no law shall be enacted which is “repugnant” to Islam. The constitution states this requirement shall not affect the “personal laws of non-Muslim citizens” or their status as citizens. Some personal laws regulating marriage, divorce, and inheritance for minority communities date from prepartition British legislation.

The constitution establishes a Federal Shariat Court (FSC) composed of Muslim judges to examine and decide whether any law or provision is “repugnant to the injunctions of Islam.” The constitution gives the FSC the power to examine a law of its own accord or at the request of the government or a private citizen. The constitution requires the government to amend the law as directed by the court. The constitution also grants the FSC “revisional jurisdiction” (the power to review of its own accord) criminal cases in the lower courts relating to certain crimes under the Hudood Ordinance, including rape and those linked to Islamic morality, such as extramarital sex, alcohol use, and gambling. The court may suspend or increase the sentence given by a criminal court in these cases. The FSC’s review power applies whether the cases involve Muslims or non-Muslims. Non-Muslims may not appear before the FSC. If represented by a Muslim lawyer, however, non-Muslims may consult the FSC in other matters, such as questions of sharia or Islamic practice that affect them or violate their rights if they so choose. By law, decisions of the FSC may be appealed to the Supreme Court’s Shariat Appellate Bench. A full bench of the Supreme Court may grant a further appeal.

The constitution establishes a Council of Islamic Ideology to make recommendations, at the request of the parliament and provincial assemblies, as to “the ways and means of enabling and encouraging Muslims to order their lives in accordance with the principles of Islam.” The constitution further empowers the council to advise the legislative and executive branches when they choose to refer a question to the council as to whether a proposed law is or is not “repugnant to the injunctions of Islam.”

In the absence of specific language in the law authorizing civil or common law marriage, marriage certificates are signed by religious authorities and registered with the local marriage registrar. The 2016 Sindh Hindu Marriage Act and the 2017 Hindu Marriage Act (applying to all other provinces) codified legal mechanisms to formally register and prove the legitimacy of Hindu marriages. In addition to addressing a legal gap by providing documentation needed for identity registration, divorce, and inheritance, the 2017 Hindu Marriage Act allows marriages to be voided when consent “was obtained by force, coercion or by fraud.” The act allows for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. In 2018, the Sindh provincial government further enacted amendments to its 2016 legislation allowing couples to seek divorce and granting Hindu women the right to remarry six months after a divorce or a spouse’s death. The 2016 Sindh Hindu Marriage Act also applies to Sikh marriages. The 2018 Punjab Sikh Anand Karaj Marriage Act allows local government officials to register marriages between a Sikh man and Sikh woman solemnized by a Sikh Anand Karaj marriage registrar.

Some court judgments have considered the marriage of a non-Muslim woman to a non-Muslim man dissolved if she converts to Islam, although the marriage of a non-Muslim man who converts remains recognized. Under such judgments, children born to a non-Muslim couple could be considered illegitimate and ineligible for inheritance if their mother converts to Islam. The only way to legitimize the marriage and the children would be for the husband also to convert to Islam. Under such judgments, the children of a Muslim man and a Muslim woman who both convert to another religious group could be considered illegitimate, and the government could take custody of the children. The law does not speak on any of these practices.

The constitution directs the state to “safeguard the legitimate rights and interests of minorities,” to secure the well-being of the people irrespective of creed, and to discourage sectarian prejudices. It forbids discrimination against any religious community in the taxation of religious institutions. The National Commission on Human Rights (NCHR), an independent government-funded agency that reports to parliament, is required to receive petitions, conduct investigations, and request remediation of human rights abuses. The NCHR is also mandated to monitor the government’s implementation of human rights and review and propose legislation. It has quasi-judicial powers and may refer cases for prosecution, but does not have arrest authority. A 2010 constitutional amendment devolved responsibility for minorities’ affairs, including religious minorities, to the provinces.

According to the constitution, there shall be no discrimination on the basis of religion in appointing individuals to government service, provided they are otherwise qualified. There is a 5 percent minimum quota for hiring religious minorities at the federal and provincial levels of government.

The constitution prohibits discriminatory admission based on religious affiliation to any governmental educational institution. According to regulations, the only factors affecting admission to government schools are students’ grades and home provinces; however, students must declare their religious affiliation on application forms. This declaration is also required for private educational institutions, including universities. Students who identify themselves as Muslims must declare in writing they believe the Prophet Muhammad is the final prophet. Non-Muslims are required to have the head of their local religious communities verify their religious affiliation. There is no provision in the law for atheists.

The National Database and Registration Authority (NADRA) designates religious affiliation on passports and requires religious information in national identity card and passport applications. Those wishing to be listed as Muslims must swear they believe the Prophet Muhammad is the final prophet, and must denounce the Ahmadiyya movement’s founder as a false prophet and his followers as non-Muslim. There is no option to state “no religion.” National identity cards are required for all citizens upon reaching the age of 18. Identification cards are used for voting, pension disbursement, social and financial inclusion programs, and other services.

The constitution requires the president and prime minister to be Muslims. All senior officials, including members of parliament, must swear an oath to protect the country’s Islamic identity. The law requires that elected Muslim officials swear an oath affirming their belief that the Prophet Muhammed is the final prophet of Islam.

The constitution reserves seats for non-Muslim members in both the national and provincial assemblies. The 342-member National Assembly has 10 reserved seats for non-Muslims. The 104-member Senate has four reserved seats for non-Muslims, one from each province. In the provincial assemblies, there are three such reserved seats in Khyber Pakhtunkhwa; eight in Punjab; nine in Sindh; and three in Balochistan. Political parties elected by the general electorate choose the minority individuals who hold these seats; they are not elected directly by the minority constituencies they represent.

The country is party to the International Covenant on Civil and Political Rights (ICCPR), and maintains two reservations: first, that ICCPR Article 3 regarding equal rights of men and women would be “applied as to be in conformity with Personal Law of the citizens and Qanoon-e-Shahadat Order, 1984 (Law of Evidence),” under which the in-court testimony of men in certain civil matters pertaining to contracts and financial obligations is given greater weight than that of women; and second, that ICCPR Article 25, on the equal right for citizens to take part in public service, would be subject to articles of the constitution mandating that the president and prime minister be Muslims.

Government Practices

According to civil society reports, there were at least 84 individuals imprisoned on blasphemy charges, and at least 29 under sentence of death, compared with 77 and 28, respectively, in 2018. The government has never executed anyone specifically for blasphemy. According to data provided by NGOs, authorities registered new blasphemy cases against at least 10 individuals during the year. Courts issued two new death sentences and sentenced another individual to five years’ imprisonment. The Supreme Court overturned the conviction of one person for blasphemy, and a lower court acquitted another person charged with blasphemy during the year. Other blasphemy cases continued without resolution. At least one individual was accused of spreading blasphemous content through social media under PECA. Civil society groups continued to state that the blasphemy laws disproportionately affected members of religious minority communities. Of the 84 imprisoned for blasphemy, 31 were Christian, 16 Ahmadi, and 5 Hindu. According to civil society sources, as of the end of the year, 29 individuals remained on death row for alleged blasphemy. Persons accused of blasphemy were often simultaneously charged with terrorism offenses. NGOs continued to report lower courts often did not adhere to basic evidentiary standards in blasphemy cases.

Christian advocacy organizations and media outlets reported four cases of police mistreatment of and discrimination against Christians in August and September, including one case that resulted in the death of Amir Masih in September. According to multiple media reports, police in Lahore arrested Masih after he was accused of theft and held him for four days before notifying his family to pick him up. Closed-circuit television showed policemen bringing Masih out of the hospital in a wheelchair, and he died a few hours later. Media reported that a post-mortem examination found signs of torture, including burn marks and broken ribs. According to some media reports, Masih’s brother said that one of the policemen made derogatory comments about Christians, including, “I know how to deal with these infidels.” The Punjab Inspector General of Police removed the investigation officer and arrested five others, but there were no further reports of investigation or prosecution of the officers involved. Instances of torture and mistreatment by some police personnel were part of broader human rights concerns about police abuses against citizens of all faiths reported by local and international human rights organizations; some police agencies took steps to curb abuses by incorporating human rights curricula in training programs.

On January 29, the Supreme Court upheld its 2018 acquittal of Asia Bibi, a Christian woman sentenced to death for blasphemy in 2010. Bibi left the country on May 7; numerous sources stated that death threats from anti-blasphemy political party Tehreek-e-Labaik Pakistan (TLP) and others made it unsafe for her and her family to remain. On November 13, an ATC indicted TLP leader Khadim Hussein Rizvi, TLP’s religious patron-in-chief Pir Afzal Qadri, and 24 others with sedition and terrorism. The formal charges came approximately one year after police took Rizvi and Qadri into custody for their roles in leading nationwide protests and calling for the assassination of public officials at the time of Bibi’s acquittal. On May 15, the Lahore High Court ordered Rizvi and Qadri to be released on bail for health reasons, and they remained free at year’s end.

On December 21, a Multan court sentenced English literature lecturer Junaid Hafeez to death for allegedly insulting the Prophet Muhammad after he spent nearly seven years awaiting trial and verdict. He was simultaneously sentenced to life imprisonment for defiling the Quran and 10 years’ imprisonment for outraging the feelings of Muslims. Hafeez was arrested in 2013 after members of Islamist party Jamaat-e-Islami at Bahauddin Zakariya University complained of his allegedly liberal and skeptical views, and one of his first lawyers was killed in 2014 for defending him against the blasphemy charges.

On September 12, a special cybercrimes court sentenced Sajid Ali, a Muslim, to five years imprisonment for blasphemy on social media. Authorities charged Ali with posting “sacrilegious, blasphemous, and derogatory material against Hazrat Umar” (a senior companion of the Prophet Muhammad) on Facebook in 2017 under both the blasphemy law and PECA. His conviction was the first time an individual was punished for insulting the companions of the Prophet Muhammad online.

On May 27, police in Mirpurkhas, Sindh Province, arrested Hindu veterinarian Ramesh Kumar after a prayer leader from a local mosque said he had desecrated the Quran by wrapping medicines in pages of Quranic verse. As word spread, a mob burned Kumar’s clinic and attacked the police station. In addition to arresting Kumar, which media reported police said was for his own protection, local police arrested six suspects on charges of rioting and attempted murder. Police also provided security at Kumar’s residence. Media reports quoted a senior district police official who described the rioters as “miscreants” who neither loved Islam nor their neighbors.

On September 15, police in Ghotki, Sindh Province, arrested Hindu teacher Notan Lal after a student accused him of blasphemy in an Islamic studies class. Local religious leaders led a mob that vandalized a Hindu temple and looted other Hindu-owned properties. Police, supported by paramilitary officers, dispersed the crowd and moved Lal to an undisclosed location for his own protection, according to a senior police official. After the riots, the Ministry of Human Rights set up an investigative committee, which included Hindu lawmakers and human rights activists of diverse faiths. The committee found the riots were premeditated, with political motivations. The committee further recommended a formal judicial inquiry as to whether the blasphemy law had been misused. At the end of the year, no action on this recommendation was reported. Some civil society members held a peace rally to express solidarity with the Hindu community.

During the year, courts overturned some blasphemy convictions upon appeal and acquitted others of their charges after the accused had spent years in prison. On September 25, the Supreme Court overturned the conviction of Wajih-ul-Hassan, a Muslim, for blasphemy against the Prophet Muhammad after he had spent 18 years in prison. The Supreme Court’s judgment criticized the lower court’s conviction of ul-Hassan based on lack of witnesses, weak evidence, and an extrajudicial confession. On January 15, the Kasur Sessions Court in Punjab Province acquitted Christian laborer Pervaiz Masih of blasphemy after a three-year trial.

In May the Lahore High Court upheld the death sentences of three of the five men convicted of murder in the 2014 killings of Christian couple Shahzad Masih and Shama Bibi, but it overturned the convictions of two others.

According to NGOs and media reports, individuals convicted and sentenced to death in well-publicized blasphemy cases dating as far back as 2014 – including Nadeem James; Taimoor Raza; Mubasher, Ghulam, and Ehsan Ahmed; Sawan Masih; and Shafqat Emmanuel and Shagufta Kausar – remained in prisons and continued to await action on their appeals. In all these cases, judges repeatedly delayed hearings, adjourned hearings without hearing arguments, or sent appeals to other judicial benches. Civil society and legal sources said judges were generally hesitant to decide blasphemy cases due to fear of violent retribution. The Center for Legal Aid, Assistance, and Settlement (CLAAS) stated it believed the widespread protests following the Supreme Court’s 2018 overturning of Asia Bibi’s conviction may have increased many judges’ reluctance.

On March 28, an ATC sentenced two additional individuals to life in prison for their role in the 2017 killing of university student Mashal Khan for alleged blasphemy. The sentencing came after the primary shooter was sentenced to death and five others were sentenced to life in prison in 2018. One of the men, Arif Khan, a local government official affiliated with the ruling Pakistan Tehreek-e-Insaf (Pakistan Movement for Justice) (PTI) party, was seen in two videos participating in the killing of Mashal and congratulating another accused individual for committing the killing.

Authorities charged 11 Ahmadis in connection with practicing their faith during the year, according to Ahmadiyya Muslim community leaders. Among these, six Ahmadis were arrested and charged with blasphemy, although three were released. Ahmadiyya Muslim community leaders stated that due to arrests and criminal charges for offering a sacrifice at Eid al-Adha in previous years, Ahmadis carried out the ritual sacrifice in private to avoid exposure and arrest. On March 18, a judge released elderly Ahmadi bookseller Abdul Shakoor from prison after reducing his sentence to the three years he had already served. Shakoor had been convicted of propagating the Ahmadiyya faith and “inciting hatred.”

According to law enforcement reports, there was at least one instance in which the government intervened in a case of intercommunal violence. According to those reports, a Shia procession near Lahore deviated from its approved route during the commemoration of Ashura, sparking a violent response from a Sunni group. There were no deaths but multiple injuries from gunshots and thrown stones. Police called in support from Ranger forces when they could not put down the clash on their own.

Police intervened on multiple occasions to quell mob violence directed at individuals accused of blasphemy. On March 26, police in Saddar, Punjab Province, called on a district peace committee and a local cleric to help them interrupt a mob beating seven individuals accused of blasphemy. According to media reports, the attackers released the accused only following promises that police would arrest them. In these instances, police intervened to save the lives of the accused, stop violence, and mitigate damage to property, but they also arrested and charged the accused under the blasphemy law and did not always charge those responsible for the violence. In another case, however, police in Yousafabad, Punjab Province on October 28 intervened and convinced clerics to drop charges of blasphemy against a Christian sanitation worker who found a bag containing pages from the Bible and the Quran. When he brought the pages to a Muslim shopkeeper to ascertain how to best handle the pages, the shopkeeper reportedly accused him of blasphemy and took him to a mosque, where the imam called for attacks on Christian homes.

In March three assailants killed Hindu laborer Ghansam Bheel in a village near Umerkot, Sindh Province. The killing sparked protests by Hindus in many Sindh towns against alleged police apathy. According to some reports, police began an investigation only after senior government officials intervened.

More than 40 Christian men remained in Kot Lakhpat Jail in Lahore, accused of lynching two Muslim men after terrorist suicide bombers attacked two Christian churches in March 2015. An ATC indicted the men on charges of murder and terrorism in 2016, and the trial had not concluded at year’s end. Civil society sources reported that the judge and legal counsel for the families of the two men killed and the imprisoned men were seeking a way to resolve the cases through conciliation and compensation. NGO Pakistan Interfaith League (PIL) stated the move toward conciliation and compensation was a positive development but expressed concern that the families of the imprisoned men had no way to pay because their primary income earners had been imprisoned for years.

Historically, Hindu and Sikh leaders had noted the legal uncertainty surrounding the process of registering marriages for their communities created difficulties for Hindu and Sikh women in obtaining inheritances, accessing health services, voting, obtaining a passport, and buying or selling property. Observers stated the enactment of the 2016 Sindh Hindu Marriage Act and its 2018 amendments, the 2017 Hindu Marriage Act, and the 2018 Punjab Sikh Anand Karaj Marriage Act addressed many of the problems and also codified the right to divorce. Members of the Sindh Provincial Assembly stated that the Sindh cabinet adopted regulations to implement the Sindh Hindu Marriage Act in December.

On August 14, Prime Minister Imran Khan publicly stated, “Those in Pakistan who convert people to Islam by force…are going against Islam.” On November 21, the Senate established a Parliamentary Committee to Protect Minorities from Forced Conversions. The committee included the minister of religious affairs and interfaith harmony, the minister of human rights, and several Christian and Hindu senators. Religious minorities, however, said they remained concerned that government action to address coerced conversions of religious minorities to Islam was inadequate. Minority rights activists in Sindh cited the province’s failure to enact legislation against forced conversions as an example of the government’s retreating in the face of pressure from religious parties. Sindh Assembly member Nand Kumar Goklani introduced a bill against forced conversions on April 5. The draft updated a similar bill approved by the Sindh Assembly in 2016 that the governor refused to sign, reportedly under pressure from extremist groups. On October 23, the Sindh Assembly voted against the new bill after Islamist parties and religious leaders lobbied against it.

The family of Huma Younus, a 14-year-old Christian girl, filed a case saying Abdul Jabar, a Muslim man, kidnapped her from her Karachi home, raped her, and forcibly converted her to Islam on October 10. According to the family’s lawyer, Huma’s family had not seen her since she was taken, and she did not appear at a court hearing on November 11. Sindh Province law prohibits the marriage of minors under 18 years old.

There were reported cases of government intervention and assistance from courts and law enforcement in situations of attempted kidnapping and forced conversion, although enforcement action against alleged perpetrators was rare. On May 31, a Hindu woman testified in court that men kidnapped her from Tando Bago, Sindh, took her to another village, assaulted her, and forced her to convert to Islam. Police recovered the woman within a few days of her husband’s reporting the kidnapping. The court ruled the woman should return to her family but did not order any legal action against the suspects. On September 4, Punjab police removed a 15-year-old Christian girl from a madrassah and took her to a women’s shelter in Sheikhupura after her parents filed an abduction complaint with the Punjab Ministry of Human Rights and Minority Affairs. According to civil society and media reports, the girl’s parents became alarmed when she did not come home from school and learned the school principal had taken her to a madrassah. After visiting three madrassahs, the parents found their daughter, but they were barred from bringing her home. The girl’s principal reportedly told her she had automatically become a Muslim by reading Arabic and offered to financially compensate her parents if they would convert to Islam.

Other cases of alleged forced conversions received high-level government intervention after minority communities lobbied for assistance. On March 20, in a case that received wide media coverage, Hindu sisters Reena and Raveena Meghwar disappeared from their home in Ghotki District, Sindh. Their father and brother said they had been abducted, and that they were underage. Local police did not file a case immediately and reportedly dismissed the family’s claims. On March 21, a video of the sisters, in which they claimed they were over 18 and had converted to Islam voluntarily and married two Muslim men, spread rapidly on social media. The sisters were taken from Sindh to Punjab Province to marry at the office of Sunni Tehreek, a religious political party. On March 24, Prime Minister Khan ordered authorities in Sindh and Punjab to investigate, and on March 25, police arrested 12 individuals, including the marriage officiant and witnesses. Also on March 25, the sisters filed a petition in the Islamabad High Court seeking protection from their family. The court ordered the government to provide protection for the women and formed a commission to investigate the case. The commission included the minister for human rights, the chair of Human Rights Commission Pakistan, the chair of the National Commission on the Status of Women, and a prominent Muslim cleric, but no minority religious members. On April 11, the court ruled that the sisters were of marriageable age and had not been forced to convert to Islam. There was no clear-cut evidence as to the age of the sisters at the time of marriage and whether they had willingly converted and gone to Punjab to marry, but in the aftermath of the incident, Hindu and Christian members of the National Assembly proposed bills to enhance punishment for those involved in forced conversions and to make child marriage a criminal offense.

On August 28, a community dispute arose when a 19-year-old Sikh woman married a Muslim man in Nankana Sahib, Punjab. According to media reports, Jagjit Kaur, a Sikh and the daughter of a prominent Sikh religious leader, converted to Islam to marry for love, but her family accused the Muslim family of kidnapping and forcibly converting her. Kaur’s family filed charges and threatened to immolate themselves if police did not bring her home. Kaur stated in court that she was of legal age to marry and converted of her own free will, and a judge ordered her to remain in a women’s shelter while the Punjab government met with representatives of each side. On September 3, Punjab Governor Chaudhry Mohammad Sarwar met with representatives of each family and stated the situation had been amicably resolved, although Sikh sources stated Kaur remained in the women’s shelter at year’s end. Media reports quoted Sarwar as stating he would not negotiate a resolution in any case he suspected to be kidnapping and forced conversion, which, he said, were unacceptable and should not be tolerated.

The Ministry of Interior maintained multi-tier schedules of religiously oriented groups it judged to be extremist or terrorist that were either banned or had their activities monitored and curtailed (Schedule 1) and individuals whose activities in the public sphere could also be curtailed, including during religious holidays such as Ashura (Schedule 4). On March 5, the government added UN-listed Jamaat-ud-Dawa (JuD, a political front of the terrorist organization Lashkar-e-Tayyiba) and its charity wing Falah-i-Insaniyat Foundation (FIF) to the list of organizations proscribed under Schedule 1. On May 10, the government added seven JuD and two FIF affiliate organizations to the Schedule 1 list. Punjab police arrested JuD founder Hafiz Saeed July 17 on terrorism finance charges, and at year’s end he faced three separate terrorism-finance-related prosecutions. Other groups, including LeJ, Sipah-i-Sahaba Pakistan (SSP), and Jaish-e-Muhammad (JeM), remained on Schedule 1, but groups that sources stated were widely believed to be affiliated with them continued to operate to various degrees.

According to the Ahmadiyya community spokesperson, on October 25 Assistant Commissioner of Hasilpur, Punjab, Mohammad Tayyab, led a group of police officers and other officials, who tore down part of an Ahmadi mosque. Throughout the year, police closed down two Ahmadi prayer centers in Rawalpindi, citing law and order concerns, and another prayer center in Lahore. In June police in Sheikhapura District, Punjab Province, denied Ahmadis access to a mosque they used for prayer and forced them to sign a declaration they would no longer pray in the mosque. In September police also prevented Ahmadis from praying in a private home in Gujranwala, Punjab Province, and in a newly-built prayer center in Nankana, also in Punjab. In all these cases, Ahmadiyya Muslim community leaders cited complaints from Muslim clerics as prompting police to prevent their worship. Civil society members also reported authorities took no action to prevent attacks on Ahmadi mosques or punish assailants who demolished, damaged, forcibly occupied, or set on fire Ahmadi mosques. Local authorities did not allow the repair or unsealing of Ahmadi mosques damaged or demolished by rioters in previous years.

According to Ahmadiyya community leaders, authorities continued to target and harass Ahmadi Muslims for blasphemy, violations of “anti-Ahmadi laws,” and other crimes. Ahmadiyya leaders stated the ambiguous wording of the legal provision forbidding Ahmadis from directly or indirectly identifying themselves as Muslims enabled officials to bring charges against members of the community for using the standard Islamic greeting or for naming their children Muhammad. On March 28, the Lahore High Court directed the Pakistan Electronic Media Regulatory Authority (PEMRA) and the PTA to remove or block proscribed religious material and “inauthentic” e-copies of the Quran available in app stores and other online sources; a petitioner complained to courts that Ahmadi groups had posted Ahmadi publications of the Quran online.

While the law required a senior police official to investigate any blasphemy charge before a complaint could be filed, a requirement that NGOs and legal observers stated would help contribute to an objective investigation and the dismissal of many blasphemy cases, some NGOs said police did not uniformly follow this procedure. There were some cases in which police received custody of the accused from a court for 14 days in order for a senior officer to carry out an investigation. At the same time, NGOs reported that sometimes lower-ranking police would file charges of blasphemy, rather than a senior police superintendent who had more authority to dismiss baseless claims, or that police would not carry out a thorough investigation. NGOs and legal observers also stated police often did not file charges against individuals who made false blasphemy accusations.

According to religious organizations and human rights groups, while the majority of those accused and convicted of blasphemy were Muslim, religious minorities continued to be disproportionately accused of blasphemy relative to their small percentage of the population. According to data compiled from multiple sources, since 2001 there were 28 convictions of non-Ahmadi Muslims, 16 convictions of Christians, and four convictions of Ahmadi Muslims.

Community leaders continued to report the government hindered Ahmadis from obtaining legal documents and pressured community members to deny their beliefs by requiring individuals wishing to be listed as Muslim on identity cards and passports to swear the Prophet Muhammad was the final prophet of Islam and the Ahmadiyya movement’s founder was a false prophet. Ahmadiyya community representatives reported the word “Ahmadi” was written on their passports if they identified themselves as such. In 2018 the Islamabad High Court (IHC) issued a judgment requiring citizens to declare an affidavit of faith to join the army, judiciary, and civil services and directed parliament to amend laws to ensure Ahmadis did not use “Islamic” terms or have names associated with Islam. Neither the National Assembly nor the Senate had acted on the 2018 judgment by year’s end, but Ahmadiyya community representatives said that NADRA required Ahmadis to declare in an affidavit that they are non-Muslims to obtain a national identification card, another requirement of the IHC judgment. According to Ahmadiyya leaders, the government effectively disenfranchised their community by requiring voters to swear an oath affirming the “finality of prophethood,” something which they stated was against Ahmadi belief, in order to register as Muslims. Since voters who registered as Ahmadis were kept on a separate voter list, they said they were more exposed to threats and physical intimidation, and many Ahmadis continued their longstanding practice of boycotting elections.

Although the Sindh Hindu Marriage Act covers registration of Sikh marriages, members of the Sikh community reportedly continued to seek a separate Sikh law so as not to be considered part of the Hindu religion.

Ahmadiyya Muslim community representatives stated Ahmadi families were unable to register their marriages with local administrative bodies, known as union councils, as those councils considered Ahmadis to be outside the authority of the Muslim Family Law of 1961. Some community representatives said Christians faced difficulties in registering marriages with Islamabad union councils because the councils claimed they had no authority to deal with unions recorded by Christian marriage registrars – usually church authorities. Parliament, church leaders, and advocates debated the text of a new draft law to govern Christian marriages nationwide, as the existing regulation dated from 1872. Members of the National Assembly and officials of the Ministry of Human Rights and the Ministry of Law and Justice held consultations with church leaders from prominent Christian denominations and with NGO representatives, but there was no agreement among different church denominations and between church leaders and NGO representatives on elements of the text pertaining to divorce and interfaith marriage at year’s end. NGOs lobbying for amendments to permit divorce in a wider range of circumstances praised the Ministry of Human Rights’ efforts to consult with stakeholders and overall efforts to accelerate progress on the bill.

The government continued to fund and facilitate Hajj travel for most Muslims, but Ahmadis were unable to participate in the Hajj, community leaders said, because of passport application requirements to list religious affiliation and denounce the founder of the Ahmadiyya community.

The government continued to prohibit citizens, regardless of religious affiliation, from traveling to Israel. Representatives of the Baha’i community said this policy particularly affected them because the Baha’i World Center – the spiritual and administrative center of the community – was located in Haifa, Israel. Christian advocates also called on the government to allow them to travel to Israel. In January the federal government allowed Jewish citizen Fishel Benkhald to travel to Israel after he appealed to the Ministry of Foreign Affairs for special permission.

According to media reports and law enforcement sources, in the weeks leading up to and during the Islamic month of Muharram – religiously significant for Shia Muslims – authorities at the federal and provincial levels again restricted the movement and activities of dozens of clerics on the Ministry of Interior’s Schedule 4 listing. According to civil society and media reports, the government restricted the movement and activities of these individuals because they were known for exacerbating sectarian tensions.

Some religious minority leaders stated the system of selecting minority parliamentarians through the internal deliberations of mainstream parties resulted in the appointment of party stalwarts or those who could afford to “buy the seats,” rather than legislators who genuinely represented minority communities. Others said parliamentarians occupying reserved seats had little influence in their parties and in the National Assembly because they did not have a voting constituency.

The requirement that Muslim elected officials swear an oath affirming their belief that the Prophet Muhammed is the final prophet of Islam continued to discourage Ahmadi Muslims from seeking public office. To seek office, Ahmadis would be forced to do so as non-Muslims, even though they self-identify as Muslim.

The government continued to permit limited non-Muslim foreign missionary activity and to allow missionaries to proselytize as long as they did not preach against Islam and they acknowledged they were not Muslim. According to the government’s immigration website, the Ministry of Interior may grant visas to foreign missionaries invited by organizations registered in the country. The visas are valid for one year and allow one re-entry into the country per year, although it was understood by missionary sources that only “replacement” visas for those taking the place of departing missionaries were available for long-term missionaries seeking to enter the country for the first time. The website further stated extensions could be granted for two years with two re-entries per year, excluding from India. Approximately 50 missionaries affiliated with one Christian organization, some of whom had been working in the country for many years, were denied visa renewals after a long appeal period.

In 2018 the Federal Cabinet approved a bill with amendments to PECA to bring online blasphemy and pornographic material within its ambit. Further proposed amendments include life imprisonment for “desecrating the Quran through information systems” and the death sentence for blasphemy against the Prophet Muhammad. The bill remained in legislative process at year’s end.

The government continued its warnings against blasphemy and other illegal content on social media through periodic print advertisements and text messages sent by the PTA. The text messages stated, “Sharing of blasphemy, pornography, terrorism, and other unlawful content on social media and the internet is illegal. Users are advised to report such content on content-complaint@pta.gov.pk for action under PECA 16.”

In July PTA Chairman Amir Bajwa told the Senate that the government should either increase the PTA’s technical capabilities or block social media websites to stop the sharing of blasphemous content, which he said he believed mostly came from other countries. Bajwa also recommended the government sign mutual legal assistance treaties with other countries so that access to what the government considered blasphemous content on international social media platforms could be blocked in the country. Bajwa further stated the PTA had received 8,500 complaints regarding blasphemous internet content and had blocked approximately 40,000 websites for containing blasphemous material since 2010. Human rights activists and journalists expressed concern the government could use this initiative as a pretext to suppress views on the internet that differed from those of the government, including on religious issues.

According to representatives of some minority religious groups, the government continued to allow most organized religious groups to establish places of worship and train members of the clergy. Some Sikh and Hindu places of worship also reopened during the year. On July 29, the Evacuee Trust Property Board reopened the thousand-year-old Teja Singh Temple near Sialkot, Punjab Province that had been closed since 1947. The government further promised to restore and reopen more Hindu temples each year. On November 9, the government opened a newly refurbished Sikh holy site, the Gurdwara Darbar Sahib, built where the founder of Sikhism Guru Nanak is said to have died, along with a visa-free transit corridor (the Kartarpur Corridor) for Sikh pilgrims traveling from India. Before the refurbishing of the site and the opening of the visa-free transit corridor, the gurdwara had fallen into disrepair, and Indian Sikhs were unable to visit. Prime Minister Khan welcomed Sikh pilgrims at the site’s inauguration and gave a speech celebrating Guru Nanak and religious tolerance.

Although there continued to be no official restriction on the construction of Ahmadiyya places of worship, according to Ahmadiyya Muslim community leaders, local authorities regularly denied requisite construction permits, and Ahmadis remained forbidden to call them mosques.

Legal experts and NGOs continued to state that the full legal framework for minority rights remained unclear. While the Ministry of Law and Justice was officially responsible for ensuring the legal rights of all citizens, in practice the Ministry for Human Rights continued to assume primary responsibility for the protection of the rights of religious minorities. The NCHR was also mandated to conduct investigations of allegations of human rights abuses, but legal sources said the commission had little power to enforce its requests. The NCHR remained without a new mandate for a second four-year term and without new commissioners at year’s end.

Members of religious minority communities said there continued to be an inconsistent application of laws safeguarding minority rights and enforcement of protections of religious minorities at both the federal and provincial levels by the federal Ministry of Law and Justice, as well as by the federal Ministry of Human Rights and its provincial counterparts. They also stated the government was inconsistent in safeguarding against societal discrimination and neglect, and that official discrimination against Christians, Hindus, Sikhs, and Ahmadi Muslims persisted to varying degrees, with Ahmadi Muslims experiencing the worst treatment.

On August 8, representatives of Muslim, Hindu, Christian, Sikh, and Baha’i communities submitted a resolution to the prime minister requesting additional protection for religious minorities and women. The resolution called for the minimum age of marriage for women to be raised from 16 to 18 nationwide, the establishment of a federal ministry for religious minorities, a 5 percent quota for national and international educational scholarships for minorities, protection of minorities’ houses of worship from government seizure, and provision of spaces for worship for minority communities in state institutions. Additional requests included legislation to prevent discrimination against minorities, elimination of derogatory curriculum material, government subsidies for security at minorities’ schools, and legislation to address abductions, sexual violence, and forced conversions of women from religious minority communities. Finally, the resolution requested that minorities “be given particular protection” from the abuse of blasphemy laws.

In some cases, senior government officials condemned instances of discrimination by government officials. In March the ruling PTI party forced Punjab Provincial Minister for Information and Culture Fayyazul Hassan Chohan to resign after he made derogatory remarks against Hindus, and multiple cabinet ministers and senior advisors condemned Chohan’s speech. Chohan later received a new cabinet appointment as provincial minister for colonies in July and was reappointed as provincial minister for information and culture in December.

Legal observers continued to raise concerns regarding the failure of lower courts to adhere to basic evidentiary standards in blasphemy cases, which led to some convicted persons spending years in prison before higher courts overturned their convictions and freed them for lack of evidence. According to legal advocacy groups, some lower courts continued to conduct proceedings in an intimidating atmosphere, with members of antiblasphemy groups such as the TLP often threatening the defendant’s attorneys, family members, and supporters. At other times, they reported, blasphemy trials were held inside the jail for security reasons, in which case the hearings were not public, resulting in a gain in immediate security but a loss of transparency. These observers said the general refusal of lower courts to hold timely hearings or acquit those accused persisted due to fear of reprisal and vigilantism. Legal observers also reported judges and magistrates often delayed or continued trials indefinitely to avoid confrontation with, or violence from, groups provoking protests.

Government officials and politicians attended and spoke at multiple Khatm-e-Nabuwat (Finality of Prophethood) conferences held in major cities and at religious sites around the country. These conferences were organized by groups saying they were defending the teaching that the Prophet Muhammad is the last prophet but were often characterized by hate speech against Ahmadi Muslims. On January 6, Special Assistant to the Prime Minister Syed Zulfiqar Bukhari spoke at a Khatm-e-Nabuwat conference hosted by the Golra Sharif Shrine in Islamabad. According to media reports, Bukhari said that Pakistan would be the first to counter any propaganda against the finality of prophethood and that anyone working against the theological conviction “is not a human.” Bukhari later denied making anti-Ahmadi statements and tweeted on March 26, “Pakistan belongs to ALL Pakistanis.” On August 6, Khyber Pakhtunkhwa Information Minister Shaukat Yousafzai spoke at a Khatm-e-Nabuwat conference in Peshawar.

Minority religious leaders stated members of their communities continued to experience discrimination in admission to colleges and universities. Ahmadi representatives said the wording of the declaration students were required to sign on their applications for admission to universities continued to prevent Ahmadis from declaring themselves as Muslims. Their refusal to sign the statement meant they were automatically disqualified from fulfilling the admissions requirements. The government said Ahmadis could qualify for admission as long as they did not claim to be Muslims.

Members of religious minority communities stated public schools gave Muslim students bonus grade points for memorizing the Quran, but there were no analogous opportunities for extra academic credit available for religious minority students.

Most minority religious groups said they continued to face discrimination in government hiring, but there were exceptions. In September Pushpa Kumari became the country’s first female Hindu assistant subinspector of police. While there remained a 5 percent quota for hiring religious minorities at the federal level, minority organizations said government employers did not enforce it. On October 15, the Khyber Pakhtunkhwa government notified the Supreme Court it had raised its quota for hiring religious minorities from 3 to 5 percent, bringing it to the 5 percent quota already required by the Punjab, Sindh, and Balochistan Provincial governments. According to religious minority activists, however, provincial governments also often failed to meet such quotas for hiring religious minorities into the civil service.

Minority rights activists said most government employment advertisements for janitorial staff still listed being non-Muslim as a requirement. Minority rights activists criticized these advertisements as discriminatory and insulting. In June civil rights activists from many faiths raised concerns over a Pakistan Army advertisement specifying only Christians could apply for the job of sanitation worker in the army’s Mujahid Force. On June 28, the director-general of the military’s Inter-Services Public Relations Agency responded that the advertisement had been reposted with no discriminatory qualifications.

Representatives of religious minorities said a “glass ceiling” continued to prevent their promotion to senior government positions, but one NGO also stated that due to insufficient higher education opportunities, few religious minorities met the qualifications to apply for these positions. Although there were no official obstacles to the advancement of minority religious group members in the military, they said in practice, non-Muslims rarely rose above the rank of colonel and were not assigned to senior positions.

The Ministry of Human Rights and the Ministry of Education held consultations with minority faith representatives during the year in a review of textbooks for derogatory material. Officials of the Ministry of Human Rights stated in August that after their review and further reviews from the provincial governments of Punjab, Sindh, and Khyber Pakhtunkhwa, “All hate speech had been removed” from school textbooks in these provinces. The Ministry of Human Rights reported the Ministry of Education adopted all its recommendations to remove hate speech, but its recommendations to include new rights-based content were not accepted. Some minority faith representatives said their inclusion in the review process was minimal, however, and stated they feared problematic content would remain in curricula. In a March peace conference, Punjab Minister for Human Rights and Minority Affairs Ejaz Alam Augustine stated that Christian representatives would sit on the Punjab Textbook Board during the preparation of curriculum to ensure derogatory statements were removed, but the promise was reportedly not fulfilled at year’s end. Ahmadiyya community representatives said local associations of clerics frequently distributed anti-Ahmadi stickers to school districts to place on textbooks, and the school boards usually accepted them. These stickers contained phrases such as, “It is strictly prohibited in Sharia to speak to or do any business with Qadianis,” “The first sign of love of the Prophet is total boycott of Qadianis,” and “If your teacher is a Qadiani, refuse learning from him.”

While schools were required to teach Islamic studies and the Quran to Muslim students, sources reported many non-Muslim students were also required to participate because their schools did not offer parallel courses in their own religious beliefs or ethics. The government did not permit Ahmadis to teach Islamic studies in public schools.

Prime Minister Khan, Foreign Minister Shah Mahmood Qureshi, and Minister for Religious Affairs and Interfaith Harmony Noor-ul-Haq Qadri all spoke on peace and interfaith harmony at the November 9 opening of the Kartarpur Corridor to the Sikh Gurdwara Darbar Sahib worship complex. Qadri and several PTI Members of the National Assembly spoke of the government’s commitment to stop kidnappings and forced conversions at a ministry-hosted event celebrating the Hindu festival of Holi. Member of the National Assembly Bilawal Bhutto-Zardari celebrated the Hindu festival of Diwali at a Sikh Gurdwara.

From September 1-10, leading to and during the Shia commemoration of Ashura, the ninth and tenth days of Muharram, the government emphasized unity among Muslims around the Ashura holiday. Prime Minister Khan, President Arif Alvi, and Foreign Minister Qureshi used the Ashura story to exhort Muslims to be ready to lay down their lives for the cause of good against evil. Law enforcement again deployed extra security around Shia processions in major cities throughout Punjab, Khyber Pakhtunkhwa, and Balochistan Provinces, including for Hazara Shia communities in Quetta. According to civil society sources, authorities again restricted the movement and public sermons of both Sunni and Shia clerics accused of provoking sectarian violence. The government placed some clerics on Schedule 4, a list of proscribed persons based on reasonable suspicion of terrorism or sectarian violence, and temporarily detained others under the Maintenance of Public Order Act.

Authorities also provided enhanced security for Christian and Hindu places of worship at various times throughout the year. After an attack on a mosque in New Zealand that killed 51 on March 15, the government increased security at churches throughout the country, which Christian community members stated was out of concern for potential retaliation against Christians. Sindh Minorities’ Affairs Minister Hari Ram Kishori Lal announced on November 18 the provincial government would provide CCTV cameras to enhance security at 243 religious minority houses of worship in Sindh. Several activists and Christian pastors reported improved security at places of worship, notably in Lahore, Peshawar, and Quetta during the major holidays of Holi, Ashura, and Christmas.

The Sindh provincial government declared Diwali a public holiday for Hindu government employees.

There were continued reports that some madrassahs taught violent extremist doctrine, which the government sought to curb through madrassah registration and curriculum reform. On September 3, the federal government approved the Ministry of Education’s assumption of administrative control and registration authority of the country’s estimated 30,000 madrassahs. Prime Minister Khan, Education Minister Shafqat Mahmood, and Chief of Army Staff General Javed Bajwa stated the goal of madrassah registration and curriculum reform was to bring madrassah students into the mainstream, create a uniform education policy, and improve madrassah graduates’ economic prospects. Government officials reported ongoing consultations with leaders of the five wafaqs throughout the year and stated the Ministry of Education would open 12 regional offices throughout the country to assist with the registration process.

On November 5, the Ministry of Foreign Affairs stated the country was committed to taking concrete actions against terrorism under the NAP. The ministry further stated the country had taken “extensive legal and administrative measures” to implement its obligations under UN Security Council Resolution 1267 to freeze assets and deny funds to all UN-designated entities and individuals. The National Counter Terrorism Authority (NACTA) continued to operate its “Surfsafe” app, launched in 2018, to help citizens report websites that published extremist content and hate speech.

Print and broadcast media outlets continued to occasionally publish and broadcast anti-Ahmadi rhetoric. On November 9, PTI politician and former minister for science and technology Azam Swati said in a live talk show broadcast that he and PM Khan both “sent curses” upon Ahmadis, responding to Islamist politicians’ accusations that PM Khan was sympathetic to the Amhadiyya community. Ministry of Human Rights officials stated the government ordered PEMRA to monitor television broadcasts and take action against any broadcaster airing hate speech against Ahmadis. Ahmadiyya Muslim community representatives stated that the Urdu-language press frequently printed hate speech in news stories and op-eds, estimating nearly 3,000 instances of hate speech were printed during the year, some of which could be considered inciting anti-Ahmadi violence. Inflammatory anti-Ahmadi rhetoric continued to exist on social media.

Civil society groups said the government made some progress in implementing a 2014 Supreme Court decision ordering the government to take several steps to ensure the rights of minorities and promote a culture of religious and social tolerance, including establishing a Supreme Court mechanism to hear complaints, a task force to protect religious minority places of worship, and a national commission for minority rights. On October 3, the Supreme Court established a special judicial panel made up of Supreme Court justices to hear petitions related to the rights of minorities and appointed a commissioner to oversee the court’s own implementation of the judgment. According to officials from the Ministry of Human Rights, the Ministry of Interior established a task force convening cabinet ministries, police branches, Inter-Services Intelligence Agency, and religious representatives to discuss implementation of the judgment. As chair of the task force, the Ministry of Human Rights stated it had given 10 priority action points to the ministries involved. The government did not establish a special task force to protect minority places of worship, as was called for by the judgment. Many faith community members, however, said they believed the government did increase efforts to protect places of worship. Human rights activists continued to state that neither the federal nor most provincial governments had made substantial progress in implementing other aspects of the 2014 decision. According to several human rights activists, the most notable area of inaction was the continued failure to establish an empowered National Commission for Minorities. Officials of the Ministry of Religious Affairs and Interfaith Harmony and the Ministry of Human Rights stated they were committed to establishing such a commission as directed by the Supreme Court. Some civil society groups attributed lack of progress to a belief within the Ministry of Religious Affairs and Interfaith Harmony that such a commission was not necessary due to the existence of its own interfaith harmony commission.

Community leaders continued to state the government did not take adequate action to protect its poorest citizens, including religious minorities, from bonded labor practices. Only eight of Sindh’s 29 districts have established District Vigilance Committees, which are legally mandated to monitor and eradicate bonded labor practices. Of the eight established District Vigilance Committees, only three are fulfilling their legal mandate. In some districts of Sindh Province, members of Hindu scheduled castes were disproportionately affected by bonded labor practices in agriculture and brick kiln industries, according to human rights activists. On December 19, the Sindh Provincial Assembly passed the Sindh Women Agriculture Act to strengthen protections for female agricultural workers, including the right to a written contract and collective bargaining, but implementing regulations were not drafted by year’s end. The Sindh Province government also did not pass regulations to implement the Bonded Labor Abolition Act of 2015, which would enhance the monitoring and eradication of bonded labor practices.

According to civil society and media, violence and abuses continued to be committed by armed sectarian groups connected to organizations banned by the government, including LeJ, Tehreek-e-Taliban Pakistan (TTP), and SSP, as well as abuses by individuals and groups, such as ISIS, designated as terrorist organizations by the United States and other governments. These groups continued to stage attacks targeting Shia Muslims, particularly the predominantly Shia Hazara community. In a change from previous years, there were no reports of Christians being targeted by armed sectarian groups during the year. According to the SATP, the number of sectarian attacks by armed groups continued to decrease, corresponding with an overall decline in terrorist attacks. Data on sectarian attacks varied because no standardized definition existed of what constituted a sectarian attack among reporting organizations. According to the SATP, at least 27 persons were killed and 68 injured in four incidents of sectarian violence by extremist groups during the year. All of these attacks targeted gatherings of Shia individuals.

On April 12, a bomb attack in Quetta targeting Shia Hazaras going to a vegetable market under police protection killed 21 persons, including eight Hazaras, and injured at least 48. TTP, LeJ, and the ISIS each claimed responsibility for the attack, which the SATP and other analysts attributed to LeJ with ISIS support. The attack sparked four days of sit-in protests by Hazaras in Quetta, who demanded the government end terrorist attacks on their community. President Arif Alvi met with families of the victims on April 16, Minister of State for Interior Shehryar Afridi and Balochistan Chief Minister Jam Kamal Alyani met with protesters on April 17, and Prime Minister Khan visited Quetta on April 21. On May 7, terrorists affiliated with Hizbul Ahrar, a splinter group of TTP, attacked police stationed outside the Data Darbar Shrine in Lahore, the largest Sufi shrine in South Asia, killing nine and wounding 24. In late May police stopped an attempted terrorist attack at a Shia place of worship in Quetta. A 16-year-old boy dressed as a woman tried to enter the building and as police intercepted him, he threw a hand grenade, which killed him. On June 7, unidentified assailants detonated magnetically attached improvised explosive devices (IEDs) on two vehicles carrying Shia passengers near Ziarat, Balochistan Province. The first IED targeted a family of Bohra Shia Muslims returning from a shrine, killing three, and the second IED targeted a group of Shia Hazaras, killing two and injuring seven. No group claimed responsibility, but the Counter Terrorism Department investigated the bombings as terrorist attacks.

There were multiple reports of targeted killings of Shia in Dera Ismail Khan and other parts of Khyber Pakhtunkhwa, although because religion and ethnicity were often closely related, it was difficult to categorize some incidents as being solely based on religious identity.

According to the SATP and media reports, ATCs convicted and sentenced several individuals affiliated with terrorist organizations and involved in past sectarian attacks and targeted killings. On February 20, police arrested LeJ members Furqan Bungalzai and Ali Akbar on charges of involvement in the February 16, 2017 Sehwan Shrine attack, which killed 82 and injured 383, and for targeted killings of Shia Hazaras and Christians in Balochistan. On May 6, Karachi police arrested five individuals affiliated with banned Shia organization Sipah-e-Muhammad Pakistan on charges of involvement in targeted sectarian killings of Sunni Muslims in Karachi. On May 23, a Karachi ATC convicted and sentenced two LeJ militants to death for killing Shia lawyer Zain-ul-Abideen.”

Legal Framework

The constitution defines the country as a secular state and provides for freedom of conscience, religious belief, conviction, expression, and worship. It stipulates individuals may not be compelled to participate in religious ceremonies or disclose their religion, and acts of worship may be conducted freely as long as they are not directed against the “integrity of the state.” The constitution prohibits discrimination on religious grounds and exploitation or abuse of “religion or religious feelings, or things held sacred by religion” or “even partially basing” the order of the state on religious tenets.

The constitution establishes the Diyanet, through which the state coordinates Islamic matters. According to the law, the Diyanet’s mandate is to enable and promote the belief, practices, and moral principles of Islam, with a primary focus on Sunni Islam; educate the public about religious issues; and administer mosques. The Diyanet operates under the Office of the President, with its head appointed by the president and administered by a 16-person council elected by clerics and university theology faculties. The Diyanet has five main departments, called high councils: Religious Services, Hajj and Umrah Services, Education, Publications, and Public Relations. While the law does not require that all members of the council be Sunni Muslim, in practice this has been the case.

There is no separate blasphemy law; the penal code provides punishment for “provoking people to be rancorous and hostile,” including showing public disrespect for religious beliefs. The penal code prohibits religious clergy from “reproaching or vilifying” the government or the laws of the state while performing their duties. Violations are punishable by prison terms of one month to one year, or three months to two years if the crime involves inciting others to disobey the law.

The law criminalizes “insulting values held sacred by a religion,” interfering with a religious group’s services, or defacing its property. Insulting a religion is punishable by six months to one year in prison.

Although registration with the government is not mandatory for religious groups to operate, registering the group is required to request legal recognition for places of worship. Gaining legal recognition requires permission from the municipalities for the construction or designation of a new place of worship. It is against the law to hold religious services at a location not recognized by the government as a place of worship; the government may fine or close the venues of those violating the law.

Interfering with the service of a religious group is punishable by one to three years in prison; defacing religious property is punishable by three months to one year in prison; and destroying or demolishing religious property is punishable by one to four years in prison. Because it is illegal to hold religious services in places not registered as places of worship, in practice, these legal proscriptions apply only to recognized religious groups.

The law prohibits Sufi and other religious-social orders (tarikats) and lodges (cemaats), although the government generally does not enforce these restrictions.

Military service is obligatory for males; there is no provision for conscientious objection. A government policy allows individuals to pay a fee of 31,343 Turkish Lira (TL) ($5,300) instead of performing full military service; however, they are required to complete a three-week basic training program. Those who oppose mandatory military service on religious grounds may face charges in military and civilian courts and, if convicted, could be subject to prison sentences ranging from two months to two years.

The leadership and administrative structures of religious communities do not have a legal personality, leaving them unable to directly buy or hold title to property or press claims in court. Communities rely on separate foundations or associations governed by individual boards to hold and administer assets and property.

A 1935 law prohibits the establishment of foundations based on the religion or ethnicity of members but grants exemptions to foundations existing before the enactment of the law. Non-Muslim citizens direct these longstanding foundations; 167 continue to exist, the majority of which are associated with the Greek Orthodox, Armenian Orthodox, and Jewish communities. In practice, a religious group formed after the 1935 law may successfully apply to register as an association or foundation provided its stated objective is charitable, educational, or cultural rather than religious. According to the Protestant community, there are six foundations (four existing before the passage of the 1935 foundation law), 36 associations, and more than 30 representative offices linked with these associations.

The General Directorate of Foundations (GDF), under the Ministry of Culture and Tourism, regulates the activities and affiliated properties of all foundations, and it assesses whether they are operating within the stated objectives of their organizational statute. There are several categories of foundations, including those religious community foundations existing prior to the 1935 law.

If a foundation becomes inactive, the government may petition the courts to rule it is no longer operational and transfer its assets to the state. Only a court order may close a foundation of any category, except under a state of emergency, during which the government may close foundations by decree. The state of emergency instituted in 2016 ended in July 2018, but laws similar to regulations during the state of emergency remain in force.

A foundation may earn income through companies and rent-earning properties, as well as from donations. The process for establishing a foundation is lengthier and more expensive than that for establishing an association, but associations have fewer legal rights than foundations at the local level.

Associations must be nonprofit and receive financial support only in the form of donations. To register as an association, a group must submit an application to the provincial governor’s office with supporting documentation, including bylaws and a list of founding members. A group must also obtain permission from the Ministry of the Interior as part of its application if a foreign association or nonprofit organization is a founding member; if foreigners are founding members of the group, the group must submit copies of its residence permits. If the governorate finds the bylaws unlawful or unconstitutional, the association must change the bylaws to meet the legal requirements. Under the law, the governorate may fine or otherwise punish association officials for actions deemed to violate the organization’s bylaws. Only a court order may close an association, except under a state of emergency, during which the government may close associations as well as foundations by decree. The civil code requires associations not to discriminate on the grounds of religion, ethnicity, or race.

By law prisoners have the right to practice their religion while incarcerated; however, not all prisons have dedicated places of worship. According to the law, prison authorities must allow religious groups visitation by clergy members and allow them to offer books and other materials that are part of the prisoner’s faith.

The constitution establishes compulsory religious and moral instruction in public and private schools at all levels starting with fourth grade, with content determined by the Ministry of National Education’s Department of Religious Instruction, which falls under the authority of the Office of the Presidency. Religion classes are two hours per week for students in grades four through 12. Only students who marked “Christian” or “Jewish” on their national identity cards may apply for an exemption from religion classes. Atheists, agnostics, Alevis, or other non-Sunni Muslims, Baha’is, Yezidis, or those who left the religion section blank on their national identity card are not exempt from the classes. Middle and high school students may take additional Islamic religious courses as electives for two hours per week during regular school hours.

The government continues to issue chip-enabled national identity cards that contain no visible section to identify religious affiliation. The information on religious affiliation is recorded in the chip and remains visible to authorized public officials as “qualified personal data” and protected as private information. National identity cards issued in the past, which continue in circulation and only require replacement if the card is damaged, the bearer has changed marriage status, or the individual is no longer recognizable in the photograph, contain a space for religious identification with the option of leaving the space blank. These older cards included the following religious identities as options: Muslim, Greek Orthodox, non-Orthodox Christian, Jewish, Hindu, Zoroastrian, Confucian, Taoist, Buddhist, No Religion, or Other. Baha’i, Alevi, Yezidi, and other religious groups with known populations in the country were not options.

According to labor law, private and public sector employers may not discriminate against employees based on religion. Employees may seek legal action against an employer through the Labor Court. If an employee can prove a violation occurred, the employee may be entitled to compensation of up to four months of salary in addition to the reversal of the employment decision.

Government Practices

Multiple monitoring organizations and media outlets, including Middle East Concern, International Christian Concern, World Watch Monitor, Mission Network News, and Voice of Martyrs, reported entry bans, denial of residency permit extensions, and deportations for long-time residents affiliated with Protestant churches in the country. On December 2, the Ministry of Interior’s Directorate for Migration Management (DGMM) announced that as of January 1, 2020, the government would deny extension requests to long-term residents for tourist purposes, in the absence of another reason to request a residency permit (i.e. marriage, work, study). Several religious minority ministers, including Christians, conducted religious services while resident in in the country on long-term tourist residence permits. While similar measures occurred in previous years, multiple groups said they perceived a significant increase in the number of removals and entry bans during the year.

Multiple reports said these Protestant communities could not train clergy in the country and relied on foreign volunteers to serve them. Local Protestant communities stated they aimed to develop indigenous Turkish leaders in their congregations because it was becoming increasingly difficult to rely on foreign volunteers; however, they faced difficulties because they could not operate training facilities in-country. Community sources also said some of the deportations and entry bans during the year targeted foreign-citizen members of the community who had lived legally, as long-term residents, in the country for decades and who had previously not experienced any immigration difficulties. According to community members, these immigration procedures also affected a local community’s ability to raise funds for local churches because foreign clergy members attracted individual donations and support from church communities in their countries of origin. Some of the individuals with entry bans or resident permit denials requested review of their immigration status through the country’s legal system. None of the cases reached conclusion by year’s end and could take several years to resolve due to the complexities of and backlog in the judicial system, according to media reports.

According to a report by the European Association of Jehovah’s Witnesses, released and presented to the Organization for Security and Cooperation in Europe on September 19, 63 Jehovah’s Witnesses faced prosecution as conscientious objectors, with 44 individuals facing 177 different charges and fines totaling more than $54,000. The report stated a person may be called for military service multiple times per year and charged as a “draft evader” because there was no form of approved alternative service in the country. The report also stated the Ministry of Defense sent letters to the individual’s employer to encourage the termination of his or her employment.

The decision by the Church of Jesus Christ to remove its volunteers and international staff from the country remained in effect throughout the year. In April 2018 the Church cited safety reasons as the reason for the removal. According to local members, some followers stayed away from church because they feared retribution and discrimination. Some said they had lost their jobs, including in the public sector, because of their faith, and they experienced difficulties in finding new employment.

The government continued to treat Alevi Islam as a heterodox Muslim “sect” and not to recognize Alevi houses of worship (cemevis), despite a ruling by the Supreme Court of Appeals that cemevis are places of worship. In March 2018, the head of Diyanet said mosques were the appropriate places of worship for both Alevis and Sunnis.

In December the Armenian community elected Bishop Sahak Masalyan as the 85th Armenian Apostolic Patriarch of Istanbul. Some members of the community said in public statements and social media posts that the government’s involvement in the process and the community’s decision not to oppose the state-issued election regulations undermined the legitimacy of the process. In September the Ministry of Interior issued regulations governing the election of a new patriarch following the death of Mesrob II Mutafyan in March. According to public statements and media reports, multiple Church officials and rights groups widely criticized the regulations, stating they infringed on the community’s religious freedom by limiting eligible candidates to bishops currently serving within the patriarchate. The regulations also lowered the voting age from 21 to 18 and expanded the number of elected delegates from 89 to 120, which Church officials said they regarded as positive steps. In July the Constitutional Court published its ruling that the Istanbul governor’s decision to block the patriarchal elections in 2018 violated the right of religious freedom for the community. In February of that year, the Istanbul governor’s office denied a 2017 application by the Armenian Patriarchate to hold patriarchal elections, stating the patriarchate had not met the required conditions for an election since the patriarch had not passed away or resigned.

The government continued to provide training for Sunni Muslim clerics while restricting other religious groups from training clergy inside the country. Because of a lack of seminaries within the country, the Greek Orthodox and Armenian Orthodox Patriarchates remained unable to train clergy. Protestant churches also reported an inability to train clergy in the country made their communities dependent on foreign clergy. Local Protestant church representatives raised concerns that the government’s reported accelerated deportation of foreign clergy members hurt their community’s ability to instruct local clergy unable to travel abroad for training.

Ecumenical Patriarch Bartholomew I again called on the government to allow the Halki Seminary to reopen as an independent institution to enable training of Greek Orthodox clergy in the country. A 1971 Constitutional Court ruling prohibited the operation of private institutions of higher education and led to the seminary’s closure. Amendments to the constitution in 1982 allowed for the establishment of private institutions of higher education but also placed significant restrictions on the institutions, and the seminary was not permitted to reopen and operate under its traditions. According to the ecumenical patriarch, the continued closure interrupted a tradition of instruction dating back centuries to the historical roots of the school as a monastery. In July 2018, the Diyanet announced plans to open an Islamic educational center on the same island as the shuttered seminary. At year’s end, the Diyanet had not taken further steps to advance the project.

According to media reports, several imams criticized the Diyanet for becoming increasingly politicized after those imams were dismissed from their posts, reportedly for not supporting the government. In statements to media, multiple former employees said the Diyanet did not apply its regulations fairly. The justification provided for the dismissals was a “breach of guidelines,” applicable to all imams, including neither praising nor criticizing political parties; however, some of the dismissed imams said the sanctions were not applied to those supporting the ruling Justice and Development Party (AKP). According to media reports, an imam lost his position after accepting an invitation to lead a prayer for an opposition party before the local elections on March 31.

In October the Diyanet established a radio and television commission tasked with reviewing products prepared by the Diyanet itself or public institutions, agencies or production companies.

The government continued to interpret the 1923 Lausanne Treaty, which refers broadly to “non-Muslim minorities,” as granting special legal minority status exclusively to three recognized groups: Armenian Apostolic Orthodox Christians, Jews, and Greek Orthodox Christians. The government did not recognize the leadership or administrative structures of non-Muslim minorities, such as the Armenian Apostolic and the Ecumenical Patriarchates and Chief Rabbinate, as legal entities, leaving them unable to buy or hold title to property or to press claims in court. These three groups, along with other minority religious communities, had to rely on independent foundations they previously organized, overseen by separate governing boards, to hold and control individual religious properties.

Members of religious communities reported the inability to hold elections for the governing boards of their foundations remained an impediment to managing their affairs. They said when board members died, retired, or left the country, foundation boards had a more difficult time fulfilling their duties and ran the risk of eventually not functioning without new members. If they reached the point of no longer functioning, the government could then declare the foundation defunct and transfer its properties and other assets to the state.

In March the Directorate General of Foundations issued a decree allowing foundations to appoint members to their governing boards but did not issue new regulations to permit elections, which had been pending since 2013. The Freedom of Belief Initiative, a human rights project of the Norwegian Helsinki Committee, said the action was contrary to the traditions of foundations in the country, describing it as further interference in the rights of religious communities. Some foundations stated they would not make use of the new order and instead would await new regulations to hold elections for their governing boards. According to local religious community representatives, without the ability to hold new elections, governing boards risked losing the ability to manage the activities and properties of their communities, and foundations could become inactive without newly elected leadership.

The trial of 13 individuals charged with conspiracy to commit a large-scale assault on an Izmit Protestant church and kill its pastor in 2013 continued throughout the year.

In January the ECHR ruled the government violated the European Convention on Human Rights, which guarantees freedom of assembly and association, because it refused to allow Seventh-day Adventists to establish a foundation. The court ruling required the government to pay six members of the congregation in Istanbul a total compensation of 8,724 euros ($9,800). Compensation could include legal assistance and legal and court registration fees; by year’s end there was no information available on whether the government had compensated the six individuals and no disclosure of any government payments.

According to media reports, in May a court released Uighur activist Abdulkadir Yapcan after nearly three years in detention, but he remained under judicial controls that limited his movements to his neighborhood in Istanbul. The deportation case against him continued at year’s end. In 2003 China listed Yapcan as one of its 11 most-wanted terrorists and accused him of supporting violence and founding a terrorist organization. Uighur activists and rights organizations, however, said the extradition request was punishment for his political positions. His defense attorney said China did not produce any evidence to substantiate its claims despite previous promises to do so, according to public statements to local media after the May hearing. In 2016 the ECHR ruled against removing Yapcan from Turkey during the ongoing court case due to concerns about his safety and potential refoulement to China should he be deported to a third country. In August media reports quoted Interior Minister Soylu stating, “We do not send anyone back to China if they face persecution.”

The government continued not to recognize Ecumenical Patriarch Bartholomew I as the leader of the world’s approximately 300 million Orthodox Christians, consistent with the government’s stance that there was no legal obligation for it to do so. The government’s position remained that the ecumenical patriarch was only the religious leader of the country’s Greek Orthodox minority population. The government continued to permit only Turkish citizens to vote in the Ecumenical Patriarchate’s Holy Synod or be elected patriarch but continued its practice of granting citizenship to Greek Orthodox metropolitans under the terms of the government’s 2011 stopgap solution intended to widen the pool of candidates eligible to become the next patriarch. The Istanbul Governorate, which represents the central government in that city, continued to maintain that leaders of the Greek Orthodox (Ecumenical Patriarchate), Armenian Apostolic Orthodox, and Jewish communities must be Turkish citizens.

The Armenian Apostolic Patriarchate and the Ecumenical Patriarchate continued to seek legal recognition, and their communities operated as conglomerations of individual religious foundations.

Multiple Protestant church representatives continued to report bureaucratic difficulties in registering places of worship. Church representatives said they had to continue meeting in unregistered locations for worship services. According to Protestant group representatives, local officials continued to impose zoning standards on churches, including minimum space requirements not imposed on mosques. Officials did not apply this requirement to Sunni Muslim congregations, which they permitted to build worship facilities in malls, airports, and other smaller spaces. Additionally, some Protestant churches reported local authorities did not allow them to display crosses on the exterior of their buildings.

In October a court ruled the Ministry of Interior and governorate of the eastern city of Malatya, Malatya Governorate, were not liable in a 2007 case involving the killings of three persons in an attack on a Christian publishing house in the city. Previously, a court had fined the two government agencies as part of a longstanding case. The lawyer of the victims’ families said they would appeal the October ruling. According to their lawyer, if the ruling held, the families would have to return compensation totaling 900,000 TL ($151,000) with interest to the ministry and the governorate.

In February an Istanbul court acquitted Berna Lacin on charges of insulting religious values, sometimes referred to locally as “blasphemy charges.” The charges stemmed from Lacin’s 2018 post on Twitter about the alleged number of rapes in Medina, Saudi Arabia. The tweet was in response to calls by the Grand Union Party, families of victims, and some newspapers to reinstate capital punishment for child abuse crimes following a wave of molestation reports in media. “If capital punishment was a solution, the city of Medina would not be breaking records in rape cases,” Lacin said in her post. In the indictment, the prosecutor said Lacin insulted people’s religious values and went beyond what was permissible under the law governing freedom of expression.

In February the ECHR rejected the country’s appeal to reduce the 54,400-euro ($61,100) compensation it was obligated to pay the Alevi Cem Foundation. The Cem Foundation took the government to the ECHR in 2010 for discrimination for not paying the electric bills of Alevi places of worship, a service provided for mosques. The government appealed for a fee reduction to 23,300 euros ($26,200). In November 2018 the Supreme Court of Appeals ruled cemevis are places of worship and therefore should receive the same benefits as Sunni mosques, including being exempt from paying utility bills. Alevi organizations continued to call on the government to comply with the ruling throughout the year.

In February the GDF announced restoration plans for, and began work on, the Surp Giragos Armenian and Mar Petyun Chaldean Churches, both in Surp District, Diyarbakir. The Kursunlu Mosque reopened in March following the completion of structural renovations. Religious communities challenged the government’s 2016 expropriation of their properties damaged in clashes between government security forces and the U.S. government-designated terrorist group Kurdistan Worker’s Party (PKK). The government expropriated those properties for its stated goal of “post-conflict reconstruction.” In September 2016, the GDF began restoring the expropriated Armenian Catholic Church; the restoration continued through year’s end, and the church was not accessible for public use. During the year, the government again did not pay restitution and compensation to the religious groups for the expropriation of property damaged in fighting with the PKK.

During the year, the government did not return properties seized in previous decades; it returned 56 properties to the Syriac community in 2018. Representatives from various communities said they continued to pursue property returns through the appropriate legal and government channels. From 2011, when the compensation law was passed, through 2013, when the period for submitting compensation applications expired, the GDF received 1,560 applications from religious minority foundations that sought compensation for seized properties. Because the period for submitting new applications expired in 2013, no new applications were filed during the year. In previous years, the GDF returned 333 properties and paid compensation for 21 additional properties. The GDF had rejected the other applications pending from 2011; it said the applications did not meet the criteria as outlined in the 2011 compensation law. The Greek Orthodox, Armenian Orthodox, Jewish, Syrian Orthodox, Bulgarian Orthodox, Georgian Orthodox, Chaldean, and Armenian Protestant communities, which had previously submitted applications for the return of properties, continued to say these unresolved claims were an issue for their communities. Due to their legal status, recognized religious foundations were eligible to receive compensation for their seized properties, but religious institutions and communities without legally recognized foundations were not.

According to media reports, in June the Ovacik District Governorate sent a letter to the muhtars (village leaders) of eight villages in the district ordering them to evacuate as soon as possible due to the villages “being in a natural disaster zone.” The district is home to many Alevis and their religious sites. According to media reports, the villages were scheduled for removal because the government had awarded a Canadian-Turkish mining consortium rights to conduct exploratory mining in Munzur National Park – a spiritual area for the Alevis containing many holy sites. The letter did not specify when the villages were to be evacuated; as of December there was no public update on the case.

In March President Erdogan raised the possibility that the status of the Hagia Sophia in Istanbul could be changed from a museum to a mosque during a televised interview, adding that the name could change to Ayasophia Mosque. The government took no action following the president’s comments.

Progovernment newspaper Yeni Safak reported in November that the Council of State (the highest administrative court) ruled a former church and mosque now serving as the Chora Museum should be returned to its status as a mosque, sparking concerns in the global Christian community that this decision could pave the way for similar changes to the status of the Hagia Sophia. The museum, famed for its mosaics and frescos depicting Christian imagery, was originally constructed and repeatedly renovated as the Greek Orthodox Church of the Holy Savior in the fifth century and then converted into the Kariye Mosque in 1511 before becoming a museum in 1945. According to the Yeni Safak report, the Council of State determined the 1945 decision to designate the structure as a museum was illegal because it violated the charter of the foundation that owned the then-mosque; the charter stated the building would serve indefinitely as a mosque. Yeni Safak said the decision moved to the cabinet for action; no changes to the museum’s status were reported at year’s end.

Religious communities, particularly Alevis, continued to raise concerns about several of the government’s education policies. At year’s end, the government continued not to comply with a 2013 ECHR ruling that found the government’s compulsory religion courses in public schools violated educational freedom. The ECHR denied the government’s appeal of the ruling in 2015 and upheld the Alevi community’s legal claim that the government-mandated courses promoted Sunni Islam and were contrary to Alevi religious convictions. Authorities added material on Alevism to the religious course curriculum in 2011 after the ECHR decision, but Alevi groups stated the material was inadequate, and in some cases, incorrect. In February various Alevi organizations issued a joint statement: “Alevis respect all religions … but will keep their distance from those who ignore, limit or attempt to transform Alevism.” They also called on the government to implement the ECHR decisions.

Non-Sunni Muslims and secular Muslims said they continued to face difficulty obtaining exemptions from compulsory religious instruction in primary and secondary schools and often had to choose from electives dealing with different aspects of Sunni Islam, particularly if their identification cards listed their religion as Muslim. The government said the compulsory instruction covered a range of world religions, but some religious groups, including Alevis and members of Christian denominations, stated the courses largely reflected Hanafi Sunni Islamic doctrine and contained negative and incorrect information about other religious groups, such as some educational texts referring to Alevi beliefs as mysticism. In February the Konya Regional Administrative Court ruled the changes made in the compulsory religion course curriculum did not eliminate violations to educational freedom as ruled by the ECHR in 2013. In June the Istanbul 12th Regional Administrative Court accepted an Alevi parent’s appeal for his son’s exclusion from the compulsory religious course.

Members of other minority religious groups, including Protestants, said they continued to have difficulty obtaining exemptions from religion classes. Some rights groups said that because schools provided no alternative for students exempted from the compulsory religious instruction, those students stood out and as a result could face additional social stigma.

In March the Council of State ruled to end a three-year agreement between the Ministry of National Education and the Islamic Hizmet Foundation to provide “moral values” education in schools. The state council ruled the 2017 agreement contradicted a provision of the constitution that requires the conduct of education in state schools be performed by public sector employees. In September the ministry issued a new regulation enabling international organizations and NGOs to organize social activities in schools. In 2018 the teachers union Egitim-Sen applied to the Council of State, which hears cases seeking to change administrative policies of the government, to end the moral values education protocol, and stated conducting such programs during school hours would force students to attend regardless of religious affiliation.

According to media reports and public statements, in January administrators of an Istanbul public high school reprimanded with letters to their files 12 students for participating in a December 2018 demonstration where they stated “Islamist students supported by school principals” pressured them to attend “religious conversations” in their spare time. Egitim-Is, an education sector union, criticized the school administration and said the government had handed over secular schools to religious groups.

According to media reports, in January a religious culture and ethics teacher at a high school in Istanbul, Cemil Kilic, was suspended from duty reportedly after making public comments favorably comparing the morals of atheists and deists to those of “self-professed” Muslims and saying headscarves were not obligatory in Islam. In May he was allowed to resume his duties in the central province of Nigde while awaiting the ruling of a disciplinary committee. According to media reports, Kilic faced possible dismissal pending the outcome of the committee’s deliberations.

In January a headmaster in Ankara distributed a leaflet and issued a warning against teachers who wore high heels, stating it was against Islam. The main opposition party, the Republican People’s Party (CHP), demanded the headmaster’s removal from office. The headmaster subsequently issued an apology to the teachers.

In August Egitim-Sen stated only one of every five students was learning in gender-segregated classrooms. Egitim-Sen said this violated the rights of children living under a secular constitution and it contradicted the 2018 National Education Ministry regulation allowing separate classrooms for girls and boys in multiprogram (offering regular, technical, and vocation programs) high schools. Officials of the Ministry of Education denied allegations the regulation was a step towards creating single-gender classrooms in all schools. Multiprogram schools continued to bring regular, technical, and vocational high schools together in less populated areas where the requirement for the minimum number of students for each program could not be met.

The Mental Health Professionals’ Platform in February criticized the continuing assignment of Diyanet employees to university dormitories as an example of greater religious influence on the education system. It stated social services should not be provided by individuals without the appropriate professional background. In 2017 the Diyanet announced a plan to expand and make permanent a pilot program launched in 2016 to assign Diyanet employees, including imams, to university dormitories operated by the government in every province. The Diyanet stated the officials would provide “moral guidance” to address the “moral values” problems in the dorms and provide the Diyanet’s provincial muftis with performance reviews every six months.

The government continued to provide funding for public, private, and religious schools teaching Islam. It did not do so for minority schools recognized under the Lausanne Treaty, except to pay the salaries for courses taught in Turkish, such as Turkish literature. The minority religious communities funded all their other expenses through donations, including from church foundations and alumni.

The government continued to permit Greek Orthodox, Armenian Orthodox, and Jewish religious community foundations to operate schools under the supervision of the Ministry of National Education. Children of undocumented Armenian migrants and Armenian refugees from Syria could also attend. Because the government continued to classify legal migrant and refugee children as “visitors,” they were ineligible to receive a diploma from these schools. The curricula of these schools included information unique to the cultures of the three groups and teachable in the minority groups’ languages. According to members of the Syriac Orthodox community, which has operated a preschool since 2014, the community was still unable to open additional schools for financial reasons. The government did not grant permission to other religious groups to operate schools.

Parents of some students again criticized the practice of converting some nonreligious public schools into imam hatip religious schools. Sources said this created a hurdle for those preferring to attend secular public schools because the number of imam hatip middle schools increased by more than one hundred and the number of students by nearly 40,000 for the 2018-2019 academic year, according to official statistics. These sources rejected government claims that demand drove the increase, and they said limited options often compelled nonreligious families to send students to the religious schools. The country’s 2019 investment program in the general budget included the government’s associated priorities, with 460 million TL ($77.42 million) allocated for new imam hatip schools, compared with TL 30 million ($5.05 million) for new science schools.

Many public buildings, including universities, continued to maintain small mosques. In June 2017, the Ministry of National Education issued a regulation requiring every new school to have an Islamic prayer room. The government continued to deny Alevis the right to establish similar places of worship in government buildings that did not contain places of worship for non-Sunnis. Alevi leaders reported the approximately 2,500 to 3,000 cemevis in the country were insufficient to meet demand. The government continued to state that Diyanet-funded mosques were available to Alevis and all Muslims, regardless of their school of religious thought.

In January several Alevi foundations requested the end of an ongoing program that takes school children ages six to 13 to local mosques for religious instruction during their two-week winter break. In 2018 the Ministry of National Education signed a contract with Server Youth and Sports Club for 50,000 children drawn from each of the 81 provinces to participate in the voluntary program. Alevi representatives said they objected to the program because students not participating could be “singled out” for not participating and as being different from the other students.

In November an IYI Party MP commented on a government official’s family’s “excessive” display of wealth on social media, posting “There is a group of people that have become rich due to their undeserved income and live luxuriously; we call them Protestant Muslims. These people have become Jews, mentally.” The post received widespread criticism from social media users and members of the Jewish community.

According to media reports, in February the Prophet Lovers Foundation (Peygamber Sevdalıları Vakfı), a group based in the southeast of the country, received permission to conduct religious examinations in public schools. One exam answer stated the concept of Jews and Christians going to heaven was a “poisonous idea.”

The government continued not to authorize clergy of religious groups designated as non-Islamic or heterodox Islam, including Alevi leaders (dedes), to register and officiate at marriages on behalf of the state. Imams received this authority in November 2017. Some critics continued to state the law solely addressed the demands of some within the Sunni Muslim majority and not the needs of other religious groups.

The Diyanet regulated the operation of all registered mosques. It paid the salaries of 107,206 Sunni personnel at the end of 2018, the most recent year for which data were available, compared with 109,332 in 2017. The government did not pay the salaries of religious leaders, instructors, or other staff belonging to other religious groups.

The government continued to provide land for the construction of Sunni mosques and to fund their construction through municipalities. According to the Diyanet’s most recent published statistics, there were 88,681 mosques in the country in 2018, compared with 88,021 Diyanet-operated mosques in 2107. In May President Erdogan inaugurated the largest mosque in the country. Located in Istanbul, it can accommodate 63,000. Although Alevi groups were able to build some new cemevis, the government continued to decline to provide financial support for their construction and maintenance in most cases.

In August leaders of the Syriac Orthodox community broke ground on the St. Ephrem (Mor Efrem) Church in Istanbul during a ceremony attended by President Erdogan and representatives of other religious communities. Once completed, it will be the first newly constructed church since the founding of the Turkish Republic in 1923. To date, the approximately 18,000-member Syriac Orthodox community in Istanbul has used churches of other communities, in addition to its one current church, to hold services. Erdogan said the church would add “new richness” to the city and stated, “Our region has been the heart of religious, ethnic, and cultural diversity,” according to media reports. Community representatives said the project would not have been possible without the public support of the president.

The government continued to permit annual and other commemorative religious worship services at religiously significant Christian sites previously converted to state museums, such as St. Peter’s Church in Antakya, St. Nicholas’ Church near Demre, St. Paul Church near Isparta, and the House of the Virgin Mary, near Selcuk. The Ecumenical Patriarchate again cancelled an annual service at Sumela Monastery, near Trabzon, because of its continuing restoration. A portion of the Sumela Monastery reopened to visitors in May after renovations were completed on part of the complex, but large portions continued under renovation.

In April a court sentenced the chairperson of Alperen Ocaklari Foundation to one year in prison for inciting public hatred and animosity during a 2017 protest in front of the Neve Shalom Synagogue in Istanbul. During the incident, a group hurled rocks at the synagogue, kicked its doors, and threatened members of the Jewish community. The protest was a reaction to the placement of metal detectors by Israel in front of Al Aqsa Mosque, according to the members of the protesting group.

In June a local court in Bursa approved the application by the Protestant community in Bursa to start a foundation. At year’s end the government still had not responded to a request by the Protestant foundation to allow long-term use of a church renovated in 2018 using government funding. Roman Catholic, Orthodox, and Turkish Protestant congregations continued to share the building, owned by the GDF for more than 10 years.

The government continued to provide incarcerated Sunni Muslims with mesjids (small mosques) and Sunni preachers in larger prisons. Alevis and non-Muslims did not have clerics from their own faiths serving in prisons; however, clergy of other faiths were permitted to enter prisons with the permission of the public prosecutor to minister to their adherents as long as doing so was not considered a threat to a facility’s security.

For the second year in a row, the annual Mass at the historic Armenian Akdamar Church near Van in the east of the country was officiated by the then-acting Armenian patriarch. Authorities canceled annual services between 2015-2017, citing security concerns arising from clashes between the military and the PKK.

Government funding for daily and weekly newspapers published by minority communities increased from a total of TL 200,000 ($33,700) in 2018 to 250,000 TL ($42,100) during the year.

Jewish citizens again expressed concern about anti-Semitism and security threats. According to members of the community, the government continued to coordinate with them on security issues. They said the government measures were helpful and the government was responsive to requests for security.

In December the Gaziantep Synagogue, located in the southeast of the country, reopened for a Hanukkah celebration after remaining closed for 40 years due to the shrinking size of the congregation. The synagogue was used as a cultural center by Gaziantep University until reopening for special occasions following renovations by the GDF.

A then-AKP MP denounced in a social media post the red carpet premier of the film Cicero, which depicted detailed features of a concentration camp, stating “There can be no explanation” for using “one of the most tragic and calamitous crimes in the history of humanity as material for entertainment at a film gala.”

Ankara University hosted an event to commemorate Holocaust Remembrance Day on January 24, in collaboration with the Ministry of Foreign Affairs. The Foreign Ministry issued a statement commemorating the victims and underlined the service of Turkish diplomats who aided Jewish victims of persecution by providing Turkish passports and identity documents to help them flee the tragedy. The deputy foreign minister for EU affairs, members of the diplomatic corps, Chief Rabbi of Turkey Ishak Haleva, other leaders of the Jewish community, and high school students took part in the event. In February the government for the fifth year in a row commemorated the nearly 800 Jewish refugees who died aboard the Struma, a ship that sank off the coast of Istanbul in 1942. The governor of Istanbul, Chief Rabbi Haleva, other members of the Jewish community, and members of the diplomatic community attended the commemoration.

In April and September President Erdogan again sent messages to the Jewish community celebrating Passover and Rosh Hashanah. The messages described Turkey as a symbol of “love and tolerance” and recognized “diversity as the most important wealth that strengthens unity and solidarity.” In December the Jewish community celebrated Hanukkah with a ceremony at Galata Tower Square in Istanbul’s Beyoglu neighborhood. President Erdogan extended his congratulations and best wishes for wellbeing and happiness to mark the beginning of the Festival of Lights. He said in a written statement, “It is of great importance for us to ensure each and every one of our citizens’ liberty to practice their faith.”