The constitution provides for the free exercise of all religions as long as that exercise does not contravene other laws or public order. The constitution prohibits religious leaders from holding public office or making political statements. Religious organizations may register as legal entities classified as religious associations. Organizations seeking status as a legal entity must apply to the Secretariat of Governance, Justice, and Decentralization and provide information on their internal organization, bylaws, and goals. Approved organizations must submit annual financial and activity reports to the government to remain registered. They may apply to the Ministry of Finance to receive benefits, such as tax exemptions and customs duty waivers. Unregistered religious organizations do not receive tax-exempt status.
The official NGO registry office – the Directorate of Regulation, Registration, and Monitoring of Civil Associations (DRRSAC) – is located within the Secretariat of Governance, Justice, and Decentralization.
The constitution states public education is secular and allows for the establishment of private schools, including schools run by religious organizations. Public schools do not teach religion; however, private schools may include religion as part of the curriculum. Various religious organizations, including the Roman Catholic Church, Seventh-day Adventist Church, and evangelical Protestant churches, run schools. Parents have the right to choose the kind of education their children receive, including religious education. The government dictates a minimum standardized curriculum for all schools. Some private religiously-affiliated schools require participation in religious events to graduate.
The government is a party to the Ibero-American Convention on Young People’s Rights, which recognizes the right to conscientious objection to obligatory military service, including for religious reasons.
The government requires foreign missionaries to obtain entry and residence permits and mandates that a local institution or individual must sponsor a missionary’s application for residency and submit it to immigration authorities. The government has agreements with the CEH, the Church of Jesus Christ, and Seventh-day Adventists, among others, to facilitate entry and residence permits for their missionaries. Groups with which the government does not have written agreements are required to provide proof of employment and income for their missionaries.
Foreign religious workers may request residency for up to five years. To renew their residence permits, religious workers must submit proof of continued employment with the sponsoring religious group at least 30 days before their residency expires. According to the immigration law, individuals who “fraudulently exercise their religious profession or office or commit fraud against the health or religious beliefs of citizens of the country, or the national patrimony,” may be fined or face other legal consequences.
The criminal code protects clergy authorized to operate in the country from being required by the court or the Attorney General’s Office to testify regarding privileged information obtained in confidence during a religious confession. The law does not require vicars, bishops, and archbishops of the Roman Catholic Church and comparably ranked individuals from other legally recognized religious groups to appear in court if subpoenaed. They are required, however, to make a statement at a location of their choosing.
The official regulations for the penal system state that penitentiaries must guarantee the free exercise of religion without preference for one specific religion, as long as the kind of worship is not against the law or public order. Prisoners have access to religious counseling from leaders of their faith.
While the government authorizes clergy from all religious groups to conduct marriage ceremonies, it legally recognizes only civil marriages conducted with a lawyer authorized to perform marriage ceremonies.
The official work week is Monday to Saturday, with no exceptions for religious groups that celebrate Friday or Saturday as their Sabbath.
The country is a party to the International Covenant on Civil and Political Rights.
Representatives of the Seventh-day Adventist Church continued to express concerns that some schools and other private and public institutions did not grant them leave to observe their Saturday Sabbath because Saturdays were part of the official work week. They cited specifically the Francisco Morazan National Pedagogical University and the Catholic University of San Pedro Sula. They noted the Supreme Court had ruled favorably in 2019 on a constitutional challenge that Adventist students filed in 2015 seeking alternatives to taking classes or exams on Saturdays, but these institutions did not uphold that ruling, nor did the government enforce it. Reportedly, students at both universities requested the institutions comply with the Supreme Court’s ruling. The Francisco Morazan University secretariat denied the request; the students appealed, and the appeal remained pending at year’s end. One student at the Catholic University submitted a formal petition to the university to comply with the court, but officials denied the petition. Other students said they decided not to pursue further recourse out of fear of additional discrimination and retaliation from their professors.
Some religious organizations, including the interfaith NGO FIH, said the government continued to give preference to religious groups belonging to the evangelical Protestant umbrella organization CEH. On October 15, the FIH reported government discrimination in residency applications for missionaries, noting the government did not approve or respond to applications of residency extensions for certain religious groups, while favoring applications from the CEH.
At year’s end, the DRRSAC registered 66 religious associations out of a total of 86 applications, compared with 120 registered in 2019. According to the DRRSAC, it did not deny any registration requests by religious associations during the year, but some applications continued to be under review through year’s end.
According to Muslim leaders, members of their community no longer encountered unnecessary bureaucratic and discriminatory barriers when requesting basic governmental services or permits, an improvement from previous years.
In October, the FIH reported the government granted safe-conduct permits for movement during the COVID-19 pandemic only to religious groups covered under the CEH, which represents 388 organizations. FIH representatives said many organizations not belonging to the CEH were limited in their social work because the government provided biosecurity equipment to only 10 FIH member organizations.
A representative of the Catholic Church said Catholic priests were not allowed to enter prisons during the pandemic to give COVID-19-related educational instruction or spiritual counseling. These prohibitions were extended to all religious groups and visitors. Prison authorities said visits, except for emergency situations, were not allowed because of the COVID-19 pandemic.