Legal Framework
The law and unimplemented constitution prohibit religious discrimination and provide for freedom of thought, conscience, and belief and the freedom to practice any religion.
Proclamation 73/1995 calls for separation of religion and state; outlines the parameters to which religious organizations must adhere, including concerning foreign relations and social activities; establishes an Office of Religious Affairs; and requires religious groups to register with the government or cease activities. Some members of religious groups that are unregistered or otherwise not in compliance with the law reportedly continue to be subject to a provisional penal code that officially was replaced four years ago; the code sets penalties for failure to register and noncompliance. The current provisional penal code does not directly address penalties for religious groups that fail to register or otherwise comply with the law but includes a punishment for “unlawful assembly” of between one and six months’ imprisonment and a fine of 5,001 to 20,000 nakfa ($330-$1,330).
The Office of Religious Affairs has authority to regulate religious activities and institutions, including approval of the applications of religious groups seeking official registration. Each application must include a description of the religious group’s history in the country; an explanation of the uniqueness or benefit the group offers compared with other religious groups; names and personal information of the group’s leaders; detailed information on assets; a description of the group’s conformity to local culture; and a declaration of all foreign sources of funding.
The Office of Religious Affairs has registered four religious groups: the Eritrean Orthodox Tewahedo Church, Sunni Islam, the Roman Catholic Church, and the Evangelical Lutheran Church of Eritrea (affiliated with the Lutheran World Federation). A 2002 decree requires all other religious groups to submit registration applications and to cease religious activities and services prior to approval. The government, which has not approved the registration of additional religious groups since 2002, states that it is willing to register new religious groups but has not received any applications.
Religious groups must obtain government approval to build facilities for worship.
While the law does not specifically address religious education in public schools, Proclamation 73/1995 outlines the parameters to which religious organizations must adhere, and education is not included as an approved activity. In practice, religious instruction is commonplace within worship communities.
By law, all citizens between 18 and 50 must perform 18 months of national service, with limited exceptions, including for health reasons such as physical disability or pregnancy. In times of emergency, the length of national service may be extended indefinitely, and the country officially has been in a state of emergency since the beginning of the 1998 war with Ethiopia. A compulsory citizen militia requires some persons not in the military, including many who had been demobilized, elderly, or otherwise exempted from military service in the past, to carry firearms and attend militia training. Failure to participate in the militia or national service could result in detention. Militia duties mostly involve security-related activities, such as airport or neighborhood patrolling. Militia training primarily involves occasional marches and listening to patriotic lectures. The law does not provide for conscientious objector status for religious reasons, nor are there alternative activities for persons willing to perform national service but unwilling to engage in military or militia activities.
The law prohibits any involvement in politics by religious groups.
The government requires all citizens to obtain an exit visa prior to departing the country. The application requests the applicant’s religious affiliation, but the law does not require that information. An exit visa or other travel documents are not required to cross the newly opened land border with Ethiopia, although the government has not yet established crossing procedures and closes the border at times.
The law limits foreign financing for religious groups, including registered groups. The only contributions legally allowed are from local followers, the government, or government-approved foreign sources.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Haji Ibrahim Younus, a Muslim elder arrested in 2018 for taking part in the funeral for Al Diaa Islamic School President Hajji Musa Mohammed Nur, reportedly died in prison in January following an extended period in detention during which, according to religious groups, he did not receive adequate medical care. Said Mohamed Ali, who also participated in the funeral, died in June after physical abuse in prison and delayed medical assistance.
In June security forces arrested five Orthodox priests from the Debre-Bizen Monastery, three of whom were older than 70, for protesting government interference in church affairs and for their support of Abune Antonios as the legitimate patriarch.
According to a report by Release International, the government imposed tight security throughout May in advance of Independence Day celebrations, and police raided several Protestant groups. The government reportedly arrested 141 Christians in Asmara, including 14 minors, on May 10, according to Christian Solidarity Worldwide (CSW), only 50 of whom were reportedly subsequently released. Another 30 Christians were arrested in early June, according to international media. On June 23, there were 70 more, including 10 children, arrested in Keren, followed by another 80 on August 18 in Godaif. No information was available as to the whereabouts of the detainees, the conditions under which they were being held, or the charges against them, if any.
CSW reported that authorities continued to imprison without charge or trial 345 church leaders, including some who had been imprisoned without charge for 23 years, while estimates of detained laity ranged from 800 to more than 1,000. Authorities reportedly continued to detain 52 Jehovah’s Witnesses, more than half of whom had been in prison for more than 20 years, for refusing to participate in military service and renounce their faith. There were unconfirmed reports that most of the Muslim detainees, arrested following protests in Asmara in 2017 and 2018, were released.
Eritrean Orthodox Church Patriarch Abune Antonios, who last appeared in public in July 2017, remained under house detention since 2006 for protesting the government’s interference in church affairs.
Determining the number of persons imprisoned for their religious beliefs was difficult due to lack of government transparency and reported intimidation of those who might come forward with such information.
The government did not recognize a right to conscientious objection to military service and continued to single out Jehovah’s Witnesses for particularly harsh treatment because of their blanket refusal to vote in the 1993 referendum on the country’s independence and subsequent refusal to participate in mandatory national service. The government continued to hold Jehovah’s Witnesses and other religious prisoners for failure to follow the law or for national security reasons. Authorities prevented prisoners held for national security reasons, including religious prisoners, from having visitors. Former prisoners held for their religious beliefs continued to report harsh detention conditions, including solitary confinement, physical abuse, and inadequate food, water, and shelter.
Religious groups were able to print and distribute documents only with the authorization of the Office of Religious Affairs, which continued to approve requests only from the four officially registered religious groups.
The government continued to impose restrictions on proselytizing, accepting external funding from NGOs and international organizations, and groups selecting their own religious leaders. Unregistered religious groups also faced restrictions in gathering for worship, constructing places of worship, and teaching their religious beliefs to others.
In June the government closed at least seven Roman Catholic-run secondary schools and 22 Church-run health clinics, as well as some secondary schools run by other religious groups, citing a 1995 law prohibiting the provision of social services by religious groups. According to the UN special rapporteur on the situation of human rights in Eritrea, Daniela Kravetz, as well as international news organizations, the closures followed a call in April by the Catholic Church for the government to effect urgent reforms to reduce emigration and to open a dialogue on peace and reconciliation. Catholic bishops characterized the school closures as motivated by “hatred against the faith and against religion” in a September letter to the minister of education. The Catholic Church was forced to transfer operation and administrative authority of clinics to the Ministry of Health. According to Catholic Relief Services, authorities closed the last Catholic hospital on July 5. Police forcibly removed the nuns who ran the facility and sealed the doors, preventing the nuns from taking hospital equipment with them. In June the Eritrean Permanent Mission to the United Nations in Geneva issued a press release responding to Kravetz’s comments that cited regulations limiting the activities of religious organizations specifically. According to the press release, Regulation 73/1995 does not allow religious institutions to “conduct developmental activities in areas of their choice” nor to solicit funds from external donors.
Jehovah’s Witnesses were largely unable to obtain official identification documents, which left many of them unable to study in government institutions and barred them from most forms of employment, government benefits, and travel.
Arrests and releases often went unreported. Information from outside the capital was extremely limited. Independent observers stated many persons remained imprisoned without charge. International religious organizations reported authorities interrogated detainees about their religious affiliation and asked them to identify members of unregistered religious groups.
The government continued to detain without due process persons associated with unregistered religious groups, occasionally for long periods, and sometimes on the grounds of threatening national security, according to minority religious group members and international NGOs.
Religious observers continued to report the government denied many exit visa applications for individuals seeking to travel to international religious conferences. According to a report by the European Asylum Support Office, the issuance of exit visas was inconsistent and did not adhere to any consistent policy; members of nonrecognized religious communities could be denied exit visas solely on the basis of their religious affiliation.
The government continued to allow only the practice of Sunni Islam and ban all other practice of Islam.
Official attitudes differed toward members of unregistered religious groups worshipping in homes or rented facilities. Some local authorities reportedly tolerated the presence and activities of unregistered groups, while others attempted to prevent them from meeting. Local authorities sometimes denied government ration coupons to Jehovah’s Witnesses and members of Pentecostal groups.
Diaspora groups reported authorities controlled directly or indirectly virtually all activities of the four formally recognized groups. The leaders of the four groups continued to state their officially registered members did not face impediments to religious practice, but individuals privately reported, among other obstacles, restrictions on import of religious items used for worship. Whether authorities used these restrictions to target religious groups was unclear, since import licenses remained generally restricted. Individuals also reported restrictions on clergy meeting with foreign diplomats.
Most places of worship unaffiliated with the four officially registered religious groups remained closed to worship, but many of those buildings remained physically intact and undamaged. Religious structures used by unregistered Jewish and Greek Orthodox groups continued to exist in Asmara. The government protected the historic Jewish synagogue building, which was maintained by the last remaining Jew. Other structures belonging to unregistered groups, such as Seventh-day Adventists and the Church of Christ, remained shuttered. The government allowed the Baha’i center to remain open, and the members of the center had access to the building. A Baha’i temple built outside of Asmara was allowed to operate. The Greek Orthodox Church remained open as a cultural building, but the government did not permit religious services on the site. The Anglican Church building held services but only under the auspices of the registered Evangelical Lutheran Church.
Some church leaders continued to state the government’s restriction on foreign financing reduced church income and religious participation by preventing churches from training clergy or building or maintaining facilities.
Government control of all mass media, as well as fear of imprisonment or other government actions, continued to restrict the ability of unregistered religious group members to bring attention to government repression against them, according to observers. Restrictions on public assembly and freedom of speech severely limited the ability of unregistered religious groups to assemble and conduct worship, according to group members. The government permitted church news services to videotape and publish interviews with foreign diplomats during the public celebration of the Eritrean Orthodox Meskel holiday.
Observers noted that the government exerted significant direct and indirect influence over the appointment of heads of recognized religious communities, including the Eritrean Orthodox Church and Sunni Islamic community, and some NGOs said that authorities directly controlled the appointments. The government continued to deny this, stating these decisions were made entirely by religious communities. The sole political party, the People’s Front for Democracy and Justice, led by President Isaias Afwerki, de facto appointed both the acting head of the Sunni Islamic community and the acting head of the Eritrean Orthodox Tewahedo Church, as well as some lower level officials for both communities. Observers said that since the 2017 death of the former mufti, Sheik Alamin Osman Alamin, the government-friendly executive director of the mufti office, Sheik Salim Ibrahim Al-Muktar, in effect was acting as head of the Islamic community.
The Eritrean Orthodox Tewahedo Church remained without a patriarch since the 2015 death of the fourth patriarch, Abune Dioskoros. In July the Holy Synod of the Eritrean Orthodox Tewahedo Church excommunicated the third patriarch, Abune Antonios, in home detention since 2006, for “heresy.” In July the BBC reported that some analysts believe he was expelled so the government could have full control of the Eritrean Orthodox Church. Lay administrators appointed by the People’s Front for Democracy and Justice managed some Church operations, including disposition of donations and seminarian participation in national service.
The government continued to permit a limited number of Sunni Muslims, mainly the elderly and those not fit for military service, to take part in the Hajj, travel abroad for religious study, and host clerics from abroad. The government generally did not permit Muslim groups to receive funding from countries where Islam was the dominant religion on grounds that such funding threatened to import foreign “fundamentalist” or “extremist” tendencies.
The government continued to grant some visas permitting Catholic dioceses to host visiting clergy from the Vatican or other foreign locations. The government permitted Catholic clergy to travel abroad for religious purposes and training, although not in numbers Church officials considered adequate; they were discouraged from attending certain religious events while overseas. Students attending the Roman Catholic seminary, as well as Catholic nuns, did not perform national service and did not suffer repercussions from the government, according to Church officials. Some Catholic leaders stated, however, national service requirements prevented adequate numbers of seminarians from completing theological training abroad, because those who had not completed national service were not able to obtain passports or exit visas.
While the overwhelming majority of high-level officials, both military and civilian, were Christian, three ministers, the Asmara mayor, and at least one senior military leader were Muslims. Foreign diplomats, however, reported that individuals in positions of power, both in government and outside, often expressed reluctance to share power with Muslim compatriots and distrusted foreign Muslims.
