Legal Framework

The constitution declares Islam the official state religion and says no law may contravene the tenets 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 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 contains 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. 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 and specifies imprisonment for persons using a computer system, program, or data to insult Islam.

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-$780). 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 hudood crimes as defined by sharia. According to the penal code, perpetrators of hudood crimes are punished according to sharia as interpreted by the Sunni school of 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 with regard to marriage. Islamic law defines age of maturity 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. Those accused of proselytizing are subject to the same punishment as those who convert from Islam.

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 by other Muslims.

Licensing and registration of religious groups by the MOHRA 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 to reflect 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, but there are no alternatives offered. The registration process for madrassahs requires a school to demonstrate it has suitable buildings, classrooms, accredited teachers, and dormitories if students live on campus. MOHRA registers madrassahs collocated with mosques, while the Ministry of Education registers madrassahs not associated with mosques. In MOHRA-registered 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 Ministry of Education.

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 addresses a specific case, the constitution declares the courts may apply Hanafi 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 Hanafi 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.

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 or Sikh communities. The person occupying the seat is not obliged to swear allegiance to Islam, only to obey the law and serve all citizens and the state.

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.

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

Government Practices

Media reported and representatives from the predominantly Shia Hazara community continued to say government security and development initiatives in Shia-predominant areas were insufficient, merely symbolic measures – and that the government failed to implement effective measures to protect the community, including from nonstate actors. Members of the Shia community reported they saw no increase in ANDSF protection during the year; however, they said the government distributed arms directly to the community ahead of large Shia gatherings. 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 the Ashura commemoration. According to media reports, security forces took special precautions to reduce street traffic in the affected neighborhoods of Kabul during the Ashura commemoration period. There were no reports of violence during Ashura processions.

Following a series of deadly attacks by ISIS-K in March that killed 25 persons, approximately 200 members of the Sikh community departed the country for India, indicating they left because of lack of security and insufficient government protection.

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” by many Muslims, although they were not always considered converts from Islam (apostates); as such, they were not charged with either crime.

MOHRA officials said the ministry had no official statistics on the number of mullahs and mosques in the country because it lacked the financial resources to generate a comprehensive registry, but they estimated there were approximately 160,000 mosques. MOHRA reported that at year’s end, of the approximately 120,000 mullahs in the country, 7,000 mullahs were registered with and paid by MOHRA. They said registered mullahs working directly for MOHRA continued to receive monthly salaries of between 7,710 and 15,420 afghanis ($100-$200) from the government, depending on their location, the size of their congregation, and the knowledge of the mullah. MOHRA reported that just 7,000 mosques in the country were registered with the ministry.

MOHRA reported it continued to allocate approximately 65 percent of its budget (188 million afghanis – $2.44 million) 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 not to spread information about their religion or encourage others to practice it. Hindu and Sikh community members said they continued to avoid pursuing commercial and civil disputes in the courts for fear of retaliation and that they avoided pursuing land disputes through the courts for the same reason, 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 continued to make the land unusable. Hindus and Sikhs also reported that individuals who lived near the cremation site continued to interfere with their efforts to cremate the remains of their dead. In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals. The government allocated 80 million afghanis ($1.04 million) for the repair of places of worship, including for Sikh and Hindu sites, of which 40 million afghanis ($520,000) were expended as of October 2020. Community leaders reported that MOHRA provided free water and electricity and was making efforts to provide repair services for a few remaining Sikh and Hindu temples.

According to MOHRA, due to insecurity, the ministry did not have access to most of the country, especially in districts, villages, and rural areas. MOHRA officials said there were hundreds or thousands of unregistered mosques and madrassahs located in Taliban-controlled areas. They said that in rural areas and most villages, mosques were used as madrassahs and that because most mosques were not registered, most madrassahs were not either. In November, the First Vice President, Amrullah Saleh, ordered the Central Statistics Office to register all teachers and students of the 362 madrassahs in Kabul City and of the 130 madrassahs in the other districts of Kabul Province. Once registration was complete in Kabul Province, the office was expected to conduct the same process throughout the country. 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 media reporting, there were approximately 5,000 madrassahs and “Quran learning centers” throughout the country registered with MOHRA. 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. The government stated that because of the COVID-19 pandemic, it did not have sufficient resources to consolidate data on the enrollment of students in religious institutions.

MOHRA 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.

Mosques continued to handle primary-level religious studies. Approximately 80 Ministry of Education-registered public madrassahs offered two-year degree programs at the secondary level. An estimated 1,000 public madrassahs were registered with the ministry, each receiving financial support from the government. There were no estimates of the number of unregistered madrassas available.

Members of the Ulema Council, the highest religious body in the country, 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 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. 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.

MOHRA’s office dedicated to assisting religious minorities, specifically Sikhs and Hindus, focused on helping Sikhs and Hindus secure passports and visas so they could permanently leave the country, most often to India.

Some Shia continued to hold senior positions in the government, including Second Vice President Sarwar Danish and a number of deputy ministers, governors, and one member of the Supreme Court, but no cabinet-level positions, unlike in previous years. Shia leaders continued to state the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics, which they attributed to the government’s marginalization of minority groups and the lack of a supportive social environment. Sunni members of the Ulema Council continued to state, however, that Shia were overrepresented in government based on Sunni estimates of the percentage of Shia in the population. According to some observers, Hazaras, who are mostly Shia Muslims, often faced discrimination based on their ethnicity and religion. Some observers also said the country’s Shia were underrepresented in government not because of their religion, but because of their Hazara ethnicity. According to NGOs, the government frequently assigned Hazara police officers to symbolic positions with little authority within the Ministry of Interior. NGOs also reported that Hazara ANDSF officers were more likely than non-Hazara officers to be posted to insecure areas of the country.

A small and decreasing number of Sikhs continued to serve in government positions, including one as a presidentially appointed member of the upper house of parliament, one as an elected member in the lower house, and one as a presidential advisor on Sikh and Hindu affairs.

Three Ismaili Muslims were members of parliament, down one from 2019, and State Minister for Peace Sadat Mansoor Naderi is also an Ismaili Muslim. 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 (a Shia-led initiative with some Sunni members), and MOHRA continued their work on intrafaith reconciliation. On October 25 and November 12, they held meetings in Kabul to address concerns and find areas of mutual cooperation. On October 1, women’s rights activist Jamila Afghani organized the country’s first women’s Ulema conference, held in Kabul. Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.

Actions of Foreign Forces and Nonstate Actors

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 Shia Hazara. During the year, UNAMA documented a reduction from 2019 in civilian casualties from attacks targeting places of worship, religious leaders, and worshippers. UNAMA recorded 19 attacks targeting places of worship, religious leaders, and worshippers, compared with 20 attacks in 2019. The attacks caused 115 civilian casualties (60 deaths and 55 injured), compared with 236 civilian casualties (80 deaths and 156 injured) in 2019. The report attributed all the attacks to antigovernment elements.

UNAMA continued to report high levels of ISIS-K-directed, sectarian-motivated violence, primarily targeting the Shia Muslim, mostly ethnic Hazara, population. It documented 10 incidents of sectarian-motivated violence against Shia Muslims, Sufi Muslims, and Sikhs, resulting in 308 civilian casualties (112 killed and 196 injured), compared with 2019 when there were 10 incidents resulting in 485 civilian casualties (117 killed and 368 injured).

Several major attacks against the Shia Hazara community occurred during the year. On March 6, gunmen attacked a ceremony in Kabul attended primarily by Shia Hazara, killing 32 persons; ISIS-K claimed responsibility for the attack. On May 12, three unidentified gunmen stormed a maternity clinic in a predominantly Shia Hazara neighborhood of Kabul, killing 24 persons, including mothers, infants, and healthcare workers; no group claimed responsibility. On October 24, a suicide bomber staged an attack on an educational center in the same Shia Hazara-dominant neighborhood of Kabul, killing 24 persons and wounding 57. Most of the casualties were between the ages of 15 and 25. ISIS-K claimed responsibility.

On March 25, gunmen attacked a Sikh gurdwara in Kabul, killing 25 and injuring 11 during a six-hour siege. ISIS-K claimed responsibility for this attack. On March 26, an IED detonated during funeral services for the Sikh victims, injuring one. On March 27, police found and defused another IED near the Kabul gurdwara. In the months that followed, many Sikh families departed the country, primarily to India, due to threats against Sikhs and what they perceived to be inadequate government protection.

Progovernment Islamic scholars were killed in attacks for which no group claimed responsibility. Media reported that on January 28, the district director of the Hajj and Religious Department for Pashtun-Zarghon District in Herat Province, Mullah Abdulhamid Ahmadi, was shot and killed by unidentified individuals. No group claimed responsibility for the attack. Media reported that on February 2, unidentified gunmen killed one person praying in a Shia mosque in Herat. On February 11, five children were killed and three others wounded when a bomb exploded at their Sunni madrassah in Kunduz Province. All the children were under the age of 14. On May 13, unknown gunmen attacked worshippers praying at a Sunni mosque in Khost Province. One person was killed and another wounded. On May 19, unidentified gunmen killed three persons and wounded another in a Sunni mosque in Khost. Also on May 19, in Parwan Province, gunmen opened fire on worshippers gathered at a Sunni mosque, killing 12, including four children, and wounding six. None of the perpetrators was identified.

On June 18, a bomb killed at least seven students at a seminary in Takhar Province. No group claimed responsibility for the attack, and there was no investigation of the incident by year’s end.

According to media, antigovernment forces also targeted progovernment Sunni mosques. On June 2, a bomb exploded inside the Sunni Wazir Akber Khan Mosque in Kabul, killing the imam and one other worshipper attending evening prayers. ISIS-K claimed responsibility for the attack. On June 12, a bomb in the Sunni Sher Shah Suri Mosque in Kabul killed four men gathered for Friday prayers, including the imam. No group claimed responsibility for the attack. Following these attacks on two mosques in June, clerics gathered in Kabul to demand government protection of religious figures. Media reported that the Ministry of Interior said it had assigned a team to investigate the incidents.

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. Media reported that on December 22, the Taliban killed Imam Mawlawi Ghullam Sakhi Khatib in Farah because of his progovernment messaging.

In several cases, the responsibility for attacks on progovernment religious leaders was unclear. In these instances, although no individual or group claimed responsibility, local authorities said they suspected that ISIS-K or, less frequently, the Taliban were responsible. On June 13, an imam in Takhar Province was killed and two of his companions wounded by unidentified gunmen as the imam returned from prayers. No group claimed responsibility. On October 17, a religious scholar was killed by a bomb that exploded inside the seminary where he studied in Nangarhar Province; no group claimed responsibility.

There continued to be reports of the Taliban monitoring the social practices of local populations in areas under their control and imposing punishments on residents according to their interpretation of Islamic law. According to observers, the Taliban applied its interpretation of Islam in conducting a parallel system of justice. In February, in Baghlan Province, the Taliban shot and killed a pregnant woman named Fatima, who was accused of adultery. The man with whom she was reportedly involved escaped. Media reported that on August 4, the Taliban killed a local singer in Takhar Province as he returned home from a wedding because the Taliban considered singing to be prohibited in Islam.

There were again reports of 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 members of the ANDSF and other government employees. According to media, the Afghanistan Independent Human Rights Commission reported that on June 19, the Taliban tortured and killed the imam of a mosque in Baghlan Province for performing the funeral rites of a local police commander.

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 again were reports of the Taliban taking over schools in areas under their control and imposing their own curricula; however, it was difficult to obtain information in Taliban-controlled territory.

Shia Hazara leaders said the Afghanistan Peace Negotiations in Doha offered a chance for a peaceful future but were concerned a postsettlement Taliban would “turn back the clock” to a time when human rights, including religious freedom, were not respected in Afghanistan. Hazara leaders expressed concern that, if the Taliban established an Islamic emirate in the country, the Taliban would not accept Shia Islam as a formal religion and would ignore laws currently in place that protect Shia. In March, the UN Security Council issued UN Security Council Resolution 2513 noting that the Security Council did not support the restoration of the Islamic Emirate of Afghanistan. The Islamic Republic’s negotiating team for the Afghanistan Peace Negotiations included Shia Hazara representatives.

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 Mohammed,” 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 for possible removal or to the Federal Investigative Agency 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 Mohammed… 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 Mohammed.” 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, 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, the amount of which is at the discretion of the sentencing judge.

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 government may use the antiterrorism courts, established as a parallel legal structure under the 1997 Antiterrorism 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 that 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 that 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 that 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 Jamaat-i-Islami, which is considered ultraconservative. 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 the 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) over 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. 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 province-level Sindh Hindu Marriage Act and the national-level Hindu Marriage Act (applying to federal territory and all other provinces) codify 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 Hindu Marriage Acts allow marriages to be voided when consent “was obtained by force, coercion, or by fraud.” The acts allow for the termination of the marriage upon the conversion of one party to a religion other than Hinduism. The Sindh provincial government has 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 Sindh Hindu Marriage Act also applies to Sikh marriages. The Punjab Sikh Anand Karaj Marriage Act allows local government officials in that province 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.

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 constitutional amendment devolves 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 (primarily Hindus, Christians, Sikhs, Kalash, and Parsis but excluding Shia and Ahmadi Muslims) 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, although 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 Mohammed 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 Mohammed 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 elected Muslim officials to swear an oath affirming their belief that Mohammed is the final prophet of Islam. This requirement effectively prohibits Ahmadi Muslims from holding elected office, as they recognize a prophet subsequent to Mohammed.

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

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, an antiterrorism court in Lahore acquitted and ordered the release of 42 individuals accused of participating in the 2015 lynching of two Muslim men in Lahore. The killings took place during protests sparked by twin suicide bombings outside two churches there. The victims, burned to death by an angry mob, were Babar Noman and Hafiz Naeem.

According to civil society reports, there were many individuals imprisoned on blasphemy charges and at least 35 under sentences of death, compared with 82 individuals imprisoned on blasphemy charges and 29 under sentences of death in 2019. The government has never executed anyone specifically for blasphemy. According to data provided by the Center for Social Justice (CSJ), authorities accused at least 199 individuals of new blasphemy offenses during the year. Leaders in other NGOs agreed the actual number of blasphemy cases was likely higher, but uneven reporting and lack of media coverage in many areas made it difficult to identify an exact number. According to the CSJ, 2020 saw the highest number of blasphemy cases in a single year in the country’s history. Other NGOs also said that 2020 had seen an increase in blasphemy cases. Shia and Ahmadi Muslims were the most often accused, accounting respectively for 70 and 20 percent of all cases. Sunni Muslims made up 5 percent of all accused blasphemers, followed by Christians at 3.5 percent, and Hindus at 1 percent.

Courts issued two new death sentences for blasphemy and sentenced another individual to five years’ imprisonment. 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. Persons accused of blasphemy were often simultaneously charged with terrorism offenses.

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; Junaid Hafeez; Mubasher, Ghulam, and Ehsan Ahmed; Shafqat Emmanuel; and Shagufta Kausar – remained in prison 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.

Human rights groups reported an increase in blasphemy cases and allegations against members of the Shia Muslim community. On September 5, the HRCP expressed concern over the surge in blasphemy cases against religious minorities, particularly the Shia community, and the potential for sectarian violence. The HRCP reported that more than 40 such cases were registered under the blasphemy laws in August alone.

On January 30, police arrested two Shia men in Tando Mohammed Khan, southern Sindh, and charged them with blasphemy. According to police, the content they posted on Facebook insulted the companions of Mohammed, which, they said, infuriated Sunni Muslims.

On April 14, police filed a blasphemy case against Shia singer Zamin Ali in Jamshoro, Sindh. The case was based on the complaint of a local shopkeeper who claimed Zamin Ali’s Facebook page contained a blasphemous song that hurt the religious sentiments of Sunni Muslims. By year’s end, police had dropped the case due to lack of evidence and pressure from activists.

On August 30, police charged Shia cleric Taqqi Jaffar with blasphemy for criticizing Mohammed’s companions during a Karachi Muharram procession. Jaffar made his remarks in Arabic, which were then aired on a popular Karachi news station, 24 News HD. Following complaints by some Sunni groups, the Pakistan Electronic Media Regulatory Authority temporarily suspended 24 News from broadcasting, citing Jaffar’s comments as “hate-inciting content.”

The blasphemy charges against Jaffar were followed by anti-Shia rallies throughout the country and at least three rallies in Karachi by Sunni groups on September 11 and 13 attended by thousands of individuals. Speakers at these rallies warned Shia of dire consequences, including beheadings, if they continued to blaspheme against the Prophet Mohammed’s companions.

On June 10, police arrested Sajid Soomro, a professor at Shah Abdul Latif University, in Khairpur, Sindh, on blasphemy charges. According to eyewitnesses, police officials in at least four police vans cordoned off the area and arrested Soomro, who initially resisted. Subsequently, Arfana Mallah, a professor at Sindh University Jamshoro who criticized Soomro’s arrest and the blasphemy laws, was herself accused of committing blasphemy and had to apologize publicly. Soomro was free on bail at year’s end, but the case was still pending in court.

NGOs, legal observers and religious minority representatives continued to raise concerns regarding the failure of lower courts to adhere to basic evidentiary standards in blasphemy cases, and the slow pace of adjudicating these cases, which led to some suspects remaining in detention for years as they waited their initial trial or appeals, and 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 Tehreek-i-Labbaik Pakistan (TLP), often threatening the defendants’ attorneys, family members, and supporters. At other times, advocacy groups reported that blasphemy trials were held inside jails 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.

While the law requires a senior police official to investigate any blasphemy charge before a complaint may be filed, a requirement that NGOs and legal observers stated helped 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 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.

During the year, courts overturned some blasphemy convictions upon appeal and acquitted others after the accused had spent years in prison. On October 6, the Lahore High Court acquitted Sawan Masih, a Christian man sentenced to death for blasphemy in 2014, but Masih continued to face death threats and had to go into hiding with his family. His was the first acquittal for blasphemy since October 2018, when Asia Bibi, a Christian woman sentenced to death in 2010, was acquitted. On December 15, the Lahore High Court acquitted a second Christian man, Imran Ghafur Masih, who had been sentenced to death for blasphemy in 2010. Courts also penalized antiblasphemy groups. In January, an antiterrorism court sentenced 86 members of the TLP to 55-year prison terms each for taking part in violent protests following Bibi’s acquittal.

Police intervened on multiple occasions to quell mob violence directed at individuals accused of blasphemy. On September 10, police saved a Hindu trader from a mob that accused him of committing blasphemy and called for his death in Kashmore, Sindh. Several hundred protesters led by religious leaders took to the streets and chanted slogans against the alleged blasphemer. Police took him into protective custody and transferred him to a senior police officer’s office as the mob blocked the Indus Highway and demanded police hand over the alleged blasphemer. Also in September, according to law enforcement reports, Peshawar police rescued an Ahmadi family after a large mob gathered outside their home, accusing the family of preaching Ahmadi beliefs.

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. In January, after going missing, a 15-year-old Hindu girl appeared in a video with Ali Raza, a Muslim man, in which the two claimed they had willingly married and she had converted to Islam. Her family said she had been kidnapped and forcibly converted. In court proceedings, the girl retracted her video statement and said she wanted to return to her parents. In February, a court in Jacobabad, Sindh, ruled that the marriage with Raza was illegal under the 2013 Sindh Child Marriage Restraint Act. On July 9, the Sindh High Court ordered that the girl could return to her Hindu parents. According to local sources, the high-profile case led to communal tensions in Jacobabad, the couple’s home district, and clerics from the Jamiat Ulema-e-Islam-Fazal party publicly accused the girl of apostasy and called for her death. The girl remained in a government shelter for several months before returning to her parents.

On November 23, the Sindh High Court dissolved the marriage of an underage Christian girl to a 44-year-old Muslim man. According to her parents, the girl had been abducted and raped after being forcibly converted to Islam in Karachi. The Sindh High Court on October 27 originally upheld the validity of the marriage, citing the marriage certificate that indicated the girl was 18 years old, and ruling that she had converted to Islam and married of her own free will. Following petitions, the court reversed its decision and declared the marriage illegal under the Sindh Child Marriage Restraint Act and ordered the girl placed in a shelter after she refused to return to her parents. The court also barred her alleged husband and his family from meeting her and ordered police to arrest those who facilitated the marriage.

The Ministry of Interior maintained multitier 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 August 23, the Sindh provincial government barred 142 “firebrand” speakers and religious scholars from leaving their home districts for 60 days to avoid violent disturbances during Shia Muharram commemorations. These 142 individuals included both Shia and Sunni clerics who in the past had given controversial statements leading to sectarian tensions.

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 Mohammed.

Community leaders continued to report that 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 Mohammed 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 issued a judgment requiring citizens to declare an affidavit of faith to join the armed forces, 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 high court judgment.

According to Ahmadiyya leaders, the government effectively disenfranchised their community by requiring voters to swear an oath affirming the “finality of the Prophethood of Mohammed,” something that 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.

Ahmadiyya Muslim community representatives continued to state that Ahmadi families were unable to register their marriages with local administrative bodies, known as union councils, since those councils considered Ahmadis to be outside the authority of the Muslim Family Law of 1961.

Some community representatives said Christians continued to face 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 continued to debate the text of a draft law to govern Christian marriages nationwide, because the existing regulation dated from 1872. Members of parliament 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 the denominations, church leaders, and NGO representatives had not agreed on elements of the draft law pertaining to divorce and interfaith marriage by 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 the ministry’s overall efforts to accelerate progress on the bill.

Although the Sindh Hindu Marriage Act covers registration of Sikh marriages in that province, members of the Sikh community reportedly continued to seek a separate Sikh law so as not to be considered as Hindus for the purposes of the law. The Sindh provincial cabinet adopted regulations to implement the Sindh Hindu Marriage Act in December 2019, which provided more specific rules for implementation. In 2020, the provincial government began to implement the act, and NADRA began registering Hindu marriages in Sindh, according to Hindu community activists.

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 in Haifa, Israel. Christian advocates also called on the government to allow them to travel to Israel.

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 Mohammed 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 because by law they are considered 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 could grant visas to foreign missionaries invited by organizations registered in the country. The visas were valid for one year and allowed one reentry 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 reentries per year, excluding from India.

The government continued its warnings against blasphemy and other illegal content on social media through periodic print advertisements and text messages sent by the Pakistan Telecommunications Authority (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 (the 2016 PECA act).”

In a January press release, PTA stated it was “proactively playing its role in blocking/removal of unlawful content, with social media platforms being approached in this regard,” and it encouraged the public “to report such content directly to PTA and avoid sharing it on social media platforms and other websites.”

In February, the National Assembly introduced a draft law requiring internet and technology companies to open offices in Islamabad, locate their servers within the country, and remove “objectionable” internet content within a specified timeframe. According to technology companies and religious minority activists, the definition of objectionable content in the draft law was vague and subject to government interpretation.

On October 9, the PTA blocked the video-sharing social media application TikTok, based on what it called “immoral and indecent” content. Reactions to the PTA’s measure was mixed, with many social media users praising the decision to ban TikTok, but others concerned that the government could use this to target religious minorities. On October 19, the PTA lifted the block after the government received reassurances from the company that it would more closely regulate content, but NGOs and activists expressed concern that the government could use this authority to target religious minorities.

In November, the government finalized its Removal and Blocking of Unlawful Online Content Rules 2020, which sought to codify the PTA’s authority to regulate content the government deemed “unlawful.” The rules not only enhanced the PTA’s ability to compel online content platforms such as Facebook, Google’s YouTube, Twitter, and Wikipedia to remove content but also extended the regulator’s purview to include local internet service providers that could also be held liable for such content. In late December, the PTA publicly used this new authority for the first time to demand the removal of “sacrilegious” content. The PTA cited public complaints against an “unauthentic version” of the Quran uploaded by the Ahmadiyya community on the Google Play Store and information that portrayed Mirza Masroor Ahmad as a Muslim on Wikipedia, which the PTA characterized as “misleading, wrong, deceptive, and deceitful.” The PTA successfully removed the same Quran application from the Apple Store in July. On December 24, the PTA issued a legal notice to two Ahmadi U.S. citizens requiring them to remove their website, trueislam.com, or face fines, sanctions, or potential prison sentences.

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. Similar to the previous year, some Sikh and Hindu places of worship reopened during the year. The Katas Raj Hindu temple was reopened for Hindus after renovation in the Chakwal district of Punjab. An additional six Sikh gurdwaras and seven Hindu temples were also reopened after renovation in Punjab.

In July, religious and right-wing parties criticized the government’s plan to permit construction of a new Hindu temple in Islamabad. Prime Minister Imran Khan gave verbal approval to build the temple following a request from the Ministry of Religious Affairs and Hindu and Christian members of the National Assembly. Then Prime Minister Nawaz Sharif’s government had granted the land to build the temple in 2016. Islamist political parties and Punjab Provincial Assembly speaker Chaudhry Elahi (Pakistan Tehreek-e-Insaf – PTI – party) criticized the decision before written approval was issued, however, declaring new temples should never be built in an Islamic country. Opponents filed a petition to stop construction with the Islamabad High Court on June 29, and vandals destroyed the land’s boundary wall on July 5. On October 28, the Council on Islamic Ideology gave its approval for construction, ruling that Islamic law allows Hindus a place of worship, but noting there is no tradition for the government to provide funds for places of worships owned by private parties. The government announced it would seek a review from the Council on Islamic Ideology and at the end of the year it was unclear whether it still maintained its support for the temple.

On July 21, the government returned a 200-year-old Sikh gurdwara to the Sikh community in Quetta. The gurdwara had been used as a government-run girls’ school since 1947. Danesh Kumar, the adviser on minority affairs to the Balochistan Chief Minister, said the government had decided to hand over sacred sites of religious minorities in Balochistan to promote interfaith harmony.

On February 7, the district administration returned a century-old Hindu temple to the Hindu community in Zhob, Balochistan. The temple had also been part of a government-run school. Hindu community representatives welcomed the decision to return the temple to the community after 70 years.

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.

Authorities provided enhanced security for Shia Muslim, Christian, and Hindu places of worship at various times throughout the year, including around particular religious holidays or in response to specific threats. In August and September, increased security was provided throughout the country for the Shia community’s Muharram processions. In Islamabad, the deputy inspector general of police said as many as 15,000 police, Rangers, and Frontier Corps personnel were involved. In Peshawar, security was increased around churches ahead of Christmas after security forces arrested four militants on December 17 who were allegedly planning an attack on Christmas Day, which is also celebrated as Quaid-i-Azam Day, the birthday of Pakistan’s founder, Mohammed Ali Jinnah. Ahead of Christmas in Lahore, police deployed some 6,000 officers and officials at 623 churches. Police also deployed snipers and used closed-circuit television cameras and metal detectors to ensure the security of churches and Christmas markets. In Sindh, police provided enhanced security at churches and Hindu temples, especially in Karachi, on eves of festivals such as Christmas and Diwali.

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. Since 2019, the NCHR has been without a mandate for a second four-year term and lacked newly appointed commissioners, making it effectively nonfunctional throughout the year.

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 Ministry of Law and Justice, the Ministry of Interior and the Ministry of Human Rights. Religious minority community members 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.

In May, the Cabinet approved a Religious Affairs Ministry proposal establishing a National Commission for Minorities housed within the ministry. The proposal named a prominent Hindu business owner and ruling PTI party leader as the commission’s chair, along with other Hindu, Christian, Sikh, Parsi, and Kalash members. The commission also included two Sunni Muslim clerics and senior civil servants from the Ministries of Interior, Law and Justice, Human Rights, Federal Education and Professional Training, Religious Affairs, and the Council of Islamic Ideology.

The plan followed a 2014 Supreme Court decision that ordered the government to take steps to ensure the rights of minorities and promote a culture of religious and social tolerance, but religious freedom activists and civil society groups said the proposal was “toothless” and raised concerns regarding the Religious Affairs Ministry’s lack of public consultation, the limited powers of the proposed body, and the ultimate decision to exclude Ahmadis. Information Minister Shibli Faraz’s announcement that the Cabinet had decided against including an Ahmadi Muslim representative on the new commission contributed to a wave of hate speech against Ahmadis, according to community representatives. The Religious Affairs Ministry later issued a statement saying Ahmadis would not be included on the commission, “given the religious and historical sensitivity” of including Ahmadis in government institutions. Ahmadi Muslim leaders said they had never been approached about participating in the commission and would never join a body that required them to identify as non-Muslims.

The Punjab Provincial Assembly also unanimously passed a resolution in May insisting that the federal National Commission on Minorities not include a representative from the Ahmadi community until community leaders submitted in writing that they accepted their status as non-Muslims under the constitution. The resolution stated, “This House demands that if the chief of Qadianis [a derogatory term for Ahmadis] submits in writing declaring that they accept the Constitution of Pakistan and accept their status as non-Muslims, then we will have no objection to their inclusion into the Commission.”

Speaker of the Punjab Provincial Assembly and Pakistan Muslim League-Quaid (PML-Q) party leader Chaudhry Pervaiz Elahi made numerous statements denouncing Ahmadis and any effort to undermine the status of Mohammed as Islam’s final prophet. The Punjab provincial government adopted three anti-Ahmadi measures: in May, a resolution that Ahmadis not be permitted to join the federal government’s National Commission for Minorities unless they “acknowledge” they are not Muslims; in June, a new curriculum law that requires school textbooks to state the finality of the Prophet Mohammed; and in July, the “Protection of the Foundations of Islam” bill giving the provincial government authority to censor objectionable materials and inspect any publishing house or private home for banned Ahmadi literature.

Lawmakers from the National Assembly, the Sindh Provincial Assembly, and the Khyber Pakhtunkhwa Provincial Assembly also adopted resolutions requiring the title “last of the prophets” to be used when referring to Mohammed. Video footage from a National Assembly session in July showed opposition lawmakers immediately criticizing Prime Minister Khan when he failed to use the phrase after speaking the name of the Prophet Mohammed in an address to parliament.

In April, police arrested Ramzan Bibi, an Ahmadi Muslim woman, after a neighbor accused her of blasphemy against Mohammed – a crime that carries the death penalty – in an argument over Bibi’s charitable donation to a non-Ahmadi mosque. Bibi remained in custody at year’s end.

In May, the Federal Investigative Agency raided the Lahore home of Ahmadi missionary and youth worker Rohan Ahmad, arresting him on charges of cybercrime, blasphemy against the Quran, and propagating the Ahmadi faith through a WhatsApp group in September 2019. At year’s end, he was still being held at Camp Jail, Lahore, and had not been charged

In July, the Lahore High Court Bar Association (LHCBA) demanded that the federal interior ministry prevent the Ahmadi community from sacrificing animals on Eid al-Adha. In a letter written to the Interior Minister, the LHCBA quoted the section of the constitution stating that Ahmadis are non-Muslim.

In August, a case was opened against three Ahmadi men after an official of a religious seminary approached police complaining that the men sacrificed an animal on Eid al-Adha. The complainant said the three men “hurt the belief of Muslims” by engaging in Islamic rituals as non-Muslims. No arrests were made, and no one was charged.

In October, Punjab police arrested three Ahmadis for using Islamic symbols and practices in their mosque. The charges carry up to three years’ imprisonment and a fine. A complainant filed a criminal charge against them on May 3, triggering the police investigation. As of year’s end, the case was awaiting prosecution.

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 that stated they were defending the teaching that Mohammed is the final prophet but were often characterized by both secular and Ahmadi critics as engaging in hate speech against Ahmadi Muslims.

On September 7, the JUI-F party held a large Khatm-e-Nabuwat conference in Peshawar, with party leaders and national and provincial parliamentarians in attendance. At the conference, JUI-F national leader Fazl ur Rehman praised the lawyers who were defending the teenager accused of killing U.S. citizen Tahir Naseem, a self-proclaimed Ahmadi, in Peshawar and blamed Western nations for supporting Ahmadi Muslims. That same day, a Punjab Provincial Assembly lawmaker from the Pakistan Muslim League-Nawaz (PML-N), Mohammed Ilyas Chinyoti, participated in an international Khatm-e-Nabuwat conference in the Chanab Nagar area of Punjab near the Ahmadiyya Muslim community’s headquarters. Speakers at that conference repeatedly used anti-Ahmadi rhetoric.

The Ministry of Human Rights and the Ministry of Federal Education and Professional Training held consultations with minority faith representatives during the year in a review of textbooks for derogatory material.

In June, the Punjab Provincial Assembly unanimously passed the Curriculum and Text Book Board Amendment Bill, which Governor Chaudhary Muhammad Sarwar signed into law. The law requires clearance from the Muttahida Ulema Board, a Punjab-based advisory council of religious scholars from multiple Muslim schools of thought, to publish content on Islam in school textbooks, which Assembly Speaker Elahi said was necessary to “stop the publishing of blasphemous material” against Mohammed and his companions. Civil society representatives said the bill targets Ahmadis, who do not have representation on the ulema board and who are barred by the constitution and the penal code from identifying as Muslims. Some politicians acknowledged privately the bill was intended to ensure textbooks identify Mohammed as the final prophet, thereby excluding Ahmadis from the definition of Islam taught in public schools.

On July 22, the Punjab Provincial Assembly passed the Protection of Foundation of Islam Bill, which prohibits the printing and publication of objectionable material in the province. Governor Sarwar did not sign the bill, which was promoted by the PML-Q party, noting controversy about its provisions and concerns that it could be seen as anti-Shia. According to a Punjab government official, Sarwar had no intention of signing the bill until there was a consensus that it would not harm religious minorities. Other government officials, including Prime Minister Khan, advised Sarwar against signing the bill, according to a Lahore-based journalist. Among the restrictions outlined in the bill, publishers, editors, and translators would be barred from printing or publishing any book and material containing statements or anything deemed to be of a blasphemous nature. The bill would also require the words “last of the prophets” to be written after the name of Mohammed and specific honors for his companions revered in the Shia community (“may Allah be pleased with them,” rather than “peace be upon them”). Ahmadi community leaders said they saw the requirement to designate Mohammed as last of the prophets as directly targeting them. Shia leaders, meanwhile, denounced the specific honors prescribed by the bill to Mohammed’s companions, which they said risked stoking discord between Shia and Sunnis, given their fundamental disagreements over some of the companions’ status within Islam.

The law also would make “desecration” (including physical destruction of books or symbols, along with verbal, written, or online actions perceived to be insults) of any prophet, any of the four divine books (the Quran, Torah, Psalms of David, and Gospel of Jesus), any family and companions of the Prophet Mohammed, as well as abetting or glorifying terrorists, or promoting sectarianism in any book, punishable with a maximum of a five-year jail term and a substantial fine of up to 500,000 Pakistani rupees ($3,100). According to the bill, all publishers would be required to submit to the Directorate General Public Relations, the provincial government authority with jurisdiction over printing presses and publishing houses, four copies of every edition of each title they print. The directorate would be empowered to inspect printing presses, bookstores, and publishing houses and confiscate books before or after they are printed if they are judged to contain “objectionable” content.

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. 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.

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 if they did not claim to be Muslims.

There were continued reports that some madrassahs taught violent extremist doctrine, which the government sought to curb through madrassah registration and curriculum reform.

Members of religious minorities, particularly lower-caste Hindus, complained of forceful evictions from their homes and villages by individuals desiring their land with assistance from government officials. On July 13, hundreds of members of the Bheel community, including women and children, marched and demonstrated against the demolition of their homes by revenue officials whom they said were in collusion with an influential landlord of the area in Mithi, Sindh. The protesters said that when they opposed the illegal evictions of villagers, they were charged in “fake” cases by revenue officials. They complained that Dalits, who are considered to be the lowest in the traditional Hindu caste structure, were being targeted and subjected to violence and torture in Thar and other areas. For example, in March, media reported that a woman from Meghwar committed suicide after being repeatedly raped by a man of an upper-caste Hindu clan in Deeplo, Sindh. The woman’s family said she was pregnant at the time of her suicide and that police initially refused to file charges against the man because of his caste.

Most minority religious groups said they continued to face discrimination in government hiring. According to religious minority activists, provincial governments also often failed to meet quotas for hiring religious minorities into the civil service.

Minority rights activists said most government employment advertisements for janitorial staff continued to list being non-Muslim as a requirement. Minority rights activists criticized these advertisements as discriminatory and insulting. For example, the Lahore Waste Management Company continued to employ mainly Christian street sweepers, which HRCP criticized as the result of employment advertisements continuing to specify that religious minorities should apply. Citing a sanitation job advertisement issued by the Sindh provincial government, HRCP stated such advertisements infringed on human dignity and violated the constitutional guarantee of equality of all citizens. In May, the New York Times reported the issue, which was subsequently raised by international human rights NGOs.

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 compared to the majority religious community, 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 that in practice, non-Muslims rarely rose above the rank of colonel and were not assigned to senior positions.

Print and broadcast media outlets continued to publish and broadcast anti-Ahmadi rhetoric. In May, after the government announced that Ahmadis would be excluded from the National Commission for Minorities, Religious Affairs Minister Qadri said on a popular television show, “Anyone supporting Ahmadis is not a Muslim.” Ahmadiyya Muslim community representatives stated that the Urdu-language press frequently printed hate speech in news stories and editorials, some of which could be considered as inciting anti-Ahmadi violence. Inflammatory anti-Ahmadi rhetoric continued to exist on social media and was at times spread by senior members of mainstream political parties.

Following the killing of U.S. citizen Tahir Naseem in July, JUI-F leader Mufti Kifayatullah celebrated the accused killer for his act of “justice.” Some political figures, including the ruling PTI Party’s Sindh provincial president Haleem Adil Sheikh, who is also a member of the Sindh Provincial Assembly, changed their social media profile pictures to that of Naseem’s killer.

On January 26, a local court sentenced four young boys, who had confessed to vandalizing a Hindu temple in Sindh’s Tharparkar district, to a juvenile center in Hyderabad. The incident was the first attack on a Hindu temple in Tharparkar in more than 30 years. Minority lawmakers and civil society activists reacted strongly to the attack, stating the boys had been instigated by local Muslim clerics.

Civil society members reported authorities took no action to prevent attacks on Ahmadi mosques or punish assailants who demolished, damaged, forcibly occupied, or set fire to Ahmadi mosques. Local authorities did not allow the repair or unsealing of Ahmadi mosques damaged or demolished by rioters in previous years. In February, a crowd occupied and vandalized a 100-year-old Ahmadi mosque in Punjab. In July, residents in the Sheikpura District of Punjab damaged Ahmadi gravestones.

Community leaders continued to state the government did not take adequate action to protect its poorest citizens, including religious minorities, such as Christian and Hindu Dalits, from bonded labor practices. In May, Daniel Masih appealed to the court in the Sargodha District of Punjab, urging authorities to rescue his brother Bashir and his family from bonded labor under a Muslim landlord. Hindu Dalits remained vulnerable to human rights violations and pressure by perpetrators to withdraw police cases. On September 30, media reported that a 17-year-old girl from a Hindu Dalit community committed suicide after having been gang-raped a year earlier by Muslim men and subsequently blackmailed by them in Tharparkar, Sindh. Three suspects were arrested for the rape but were released on bail, and the girl’s family said they harassed and pressured the girl to withdraw the case.

Actions of Foreign Forces and Nonstate Actors

According to civil society and media, armed sectarian groups connected to organizations banned by the government, including the LeJ, TTP, and the once-banned anti-Shia group SSP, continued to be responsible for violence and other abuses against religious minorities. Groups designated as terrorist organizations by the United States and other governments, such as ISIS, also committed violent acts. Among the targets of these attacks were Shia Muslims, particularly the predominantly Shia Hazara community.

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 10 persons were killed and three injured in 10 incidents of sectarian violence by extremist groups during the year. These attacks targeted gatherings of Shia individuals.

There were multiple reports of targeted killings of Shia Muslims in 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. In September, unidentified gunmen killed two prominent members of the local Shia community in the Kohat District of that province. This was part of an increase in anti-Shia activity that month nationwide that included the shooting of a prominent Shia religious leader in Punjab’s Mandi Bahauddin District and the shooting of a Shia employee of the National Bank of Pakistan in Islamabad. On October 11, unidentified militants abducted six Shia pilgrims near the Pakistan-Iran border region of Panjgur, in Balochistan. The six, all from Karachi, were returning from a pilgrimage in Iran; they remained missing at year’s end.

According to the SATP and media reports, antiterrorism courts convicted and sentenced several individuals affiliated with terrorist organizations and involved in past sectarian attacks and targeted killings. On June 25, an antiterrorism court sentenced five al-Qa’ida militants to 16 years’ imprisonment each for terrorist financing and possession of explosives. The militants were also convicted for running an al-Qa’ida media cell in Gujranwala. On July 27, an antiterrorism court sentenced a member of SSP to 13 years’ imprisonment for facilitating terrorist activities.

The Hindu community in Sindh and Balochistan remained vulnerable to targeted killings and kidnappings for ransom. On July 19, members of the Hindu community staged a sit-in in Khuzdar, Balochistan, to protest the July 18 killing of local Hindu trader Nanak Ram by unidentified assailants in the Wadh area of Khuzdar District. On July 31, Hindu business owner and member of the Khairpur Chamber of Commerce and Industries Raja Kishan Chand was killed by unknown gunmen in that city. In a statement, the Pakistan Hindu Council condemned the killing as well as two other July incidents of violence towards Hindu citizens in the district.

According to the nonprofit Middle East Media Research Institute, the December edition of the Urdu language TTP magazine Journal of The Tehreek-E-Taliban Pakistan blamed “the Jews and their puppets” for the COVID-19 pandemic and for harassing Muslims during the pandemic. The author of the article wrote that COVID-19 had been hidden since the 1960s to be “used against Muslims.”