The constitution prohibits religious discrimination, specifies separation of religion and state as an unalterable principle, and stipulates equality under the law for all, regardless of religion. It provides for freedom of conscience, religion, and worship and expression of faith consistent with public order, social peace, and national unity. The constitution also states no religion or faith shall claim political power or interfere in state affairs and bans political parties based on religious affiliation.
On June 17, the National Assembly passed a new law on the organization and practice of religion that was ratified by the president in July. The law reaffirms existing laws on freedom of religion, as long as religion is exercised respecting “public order and moral good,” and provides for government regulation and approval of the construction of places of worship and oversight of financial contributions for the construction of religious venues.
Religious groups are treated as any other nongovernmental organization and must register with the MOI. Registration approval is based on submission of required legal documents, including the group’s charter, minutes of the group’s board of directors, annual action plan, and list of the organization’s founders. Although some unregistered religious organizations reportedly operate without authorization in remote areas, only registered organizations are legally recognized entities. The MOI requires clerics speaking to a large national gathering either to belong to a registered religious organization or to obtain a special permit. Nonregistered groups are not legal entities and are not permitted to operate.
Registered religious groups wishing to obtain permanent legal status must undergo a three-year review and probationary period before the Office of Religious Affairs, which is under the MOI, grants a change in legal status from probationary to permanent.
The constitution specifies the president, prime minister, and president of the national assembly must take an oath when assuming office on the holy book of his or her religion. By law, other senior government officials are also required to take religious oaths upon entering office.
The government prohibits full-face veils in the Diffa Region under state of emergency provisions with the stated purpose of preventing concealment of bombs and weapons.
The government prohibits open-air, public proselytization events by all religious groups due to expressed safety concerns. There is no legal restriction on private peaceful proselytization or conversion of an individual’s personal religious beliefs from one religious faith to another, as long as the group sponsoring the conversion is registered with the government.
The establishment of any private school by a religious association must receive the concurrence of both the MOI and the relevant department of the Ministry of Education (Primary, Secondary, Superior, or Vocational). Private Quranic schools, established uniquely to teach the Quran without providing other education, are unregulated. Most public schools do not include religious education. The government funds a small number of special primary schools (called “French and Arabic Schools”) that include Islamic religious study as part of the curriculum.
There are no restrictions on the issuance of visas for visiting religious representatives; however, long-term residency of foreign religious representatives must be approved by the MOI.
The country is a party to the International Covenant on Civil and Political Rights.
The government drafted implementing regulations for the new law on religious practice that was ratified by the president in July and expected to be implemented in 2020, according to the MOI. The law was intended to “minimize fundamentalist and extremist influences” while “preserving freedom of worship” under the constitution, according to the minister of the interior. According to the MOI, implementation of the new law will include the creation of three National Worship Councils for Muslims, Christians, and other religious groups to liaise between the government and their respective religious communities on matters such as fundraising, religious instruction, and content of sermons. Observers stated the law responded to a specific concern of the government and was intended to be a minimally invasive way of monitoring foreign, possibly extremist, influence on the practice of religion in the country.
The government continued its efforts to reduce radicalization or the risk of radicalization through the Islamic Forum, which the government formed in 2017 with the stated goal of standardizing the practice of Islam in the country and preventing the use of Islamic institutions to spread Islamic extremism. The Islamic Forum, which represents more than 50 organizations countrywide, met regularly to provide input to the government on the new law as well as to discuss control of mosque construction, regulation of Quranic instruction, and monitoring of the content of sermons.
Government officials expressed concern about funding from Iran, Turkey, Saudi Arabia, Qatar, United Arab Emirates, and other countries for the construction of mosques and training of imams, but according to observers, the government had only limited resources to track the extent of the funding and fully understand its consequences.
In December the government adopted a three-year National Worship Strategy to promote social cohesion, peace, and tolerance as well as freedom of worship. The strategy’s six strategic goals are to design and implement a plan for the location of places of worship; promote quality religious training; encourage educational and tolerant religious public discourse; ensure “adequate supervision” of religious practice; strengthen intra- and interreligious dialogue; and discourage violent religious extremism.
With support from the World Bank, the government began reviewing the curricula of private Quranic schools and medersas (madrassahs).