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Nigeria

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution stipulates neither the federal nor the state governments shall establish a state religion and prohibits discrimination on religious grounds. It provides for freedom of thought, conscience, and religion, including the freedom to change one’s religion and to manifest and propagate religion “in worship, teaching, practice, and observance,” provided these rights are consistent with the interests of defense, public safety, order, morality, or health, and protecting the rights of others. The constitution also states it shall be the duty of the state to encourage interfaith marriages and to promote the formation of associations that cut across religious lines and promote “national integration.” It prohibits political parties that limit membership based on religion or have names that have a religious connotation. The constitution highlights religious tolerance, among other virtues, as a distinct “national ethic.”

The constitution provides for states to establish courts based on sharia or customary (traditional) law, in addition to common law courts. Sharia courts function in 12 northern states and the Federal Capital Territory. Customary courts function in most of the 36 states. The nature of a case and the consent of the parties usually determine what type of court has jurisdiction. The constitution specifically recognizes sharia courts for “civil proceedings”; such courts do not have the authority to compel participation, whether by non-Muslims or Muslims. At least one state, Zamfara, requires sharia courts to hear civil cases in which all litigants are Muslim and provides the option to appeal any decision to the common law court. Non-Muslims have the option to have their cases tried in the sharia courts if they wish.

The constitution is silent on the use of sharia courts for criminal cases. In addition to civil matters, sharia courts also hear criminal cases if both complainant and defendant are Muslim and agree to the venue. Sharia courts may pass sentences based on the sharia penal code, including for hudud (serious criminal offenses for which the Quran and Islamic law provide punishments such as caning, amputation, and stoning). Defendants have the right to challenge the constitutionality of sharia criminal statutes through common law appellate courts. The highest appellate court for sharia-based decisions is the Supreme Court, staffed by common law judges who, while not required to have any formal training in the sharia penal code, may seek advice from sharia experts.

Kano and Zamfara’s state-sanctioned Hisbah Boards regulate Islamic religious affairs and preaching, license imams, and attempt to resolve religious disputes between Muslims in those states. The states of Bauchi, Borno, Katsina, and Yobe maintain state-level Christian and Muslim religious affairs ministries or bureaus with varying mandates and authorities, while many other state governors appoint interfaith special advisers on religious affairs.

To build places of worship, open bank accounts, receive tax exemptions, or sign contracts, religious groups must register with the Corporate Affairs Commission as an incorporated trustee, which involves submitting an application form, proof of public notice, a copy of the organization’s constitution, a list of trustees, and a fee of 20,000 naira ($55).

Both federal and state governments have the authority to regulate mandatory religious instruction in public schools. The constitution prohibits schools from requiring students to receive religious instruction or to participate in or attend any religious ceremony or observance pertaining to any religion other than their own. State officials and many religious leaders have stated students have the right to request a teacher of their own religious beliefs to provide an alternative to any instruction offered in a religion other than their own. The constitution also says no religious community will be prevented from providing religious instruction to students of that community in any place that community wholly maintains.

Several states have laws requiring licenses for preachers, places of worship, and religious schools for registered religious groups. In Katsina State, the law establishes a board with the authority to regulate Islamic schools, preachers, and mosques, including issuing permits, suspending operations, and imprisoning or fining violators. The Katsina law stipulates a punishment of one to five years in prison and/or a fine of up to 500,000 naira ($1,400) for operating without a license.

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

Government Practices

Throughout the year, Shia Muslims, under the auspices of the Islamic Movement of Nigeria (IMN), conducted a series of demonstrations, some of which resulted in violent confrontations between protesters and security forces. IMN was the largest Shia organization in the country and was led by Sheikh Ibrahim El-Zakzaky who, according to his writings and online communications, draws inspiration from the Iranian revolution and from the late Ayatollah Khomeini. Between March and July, members of the IMN conducted daily protests in Abuja to contest the continued detention of El-Zakzaky, despite a December 2016 Abuja High Court ruling that he be released by January 2017. The protests continued until his temporary release due to illness in August. During an initially peaceful IMN demonstration in Abuja on July 9, an IMN member sparked an exchange of gunfire between police and IMN protestors when he grabbed an officer’s holstered pistol, resulting in the deaths of the officer, 15 IMN members, and a security guard, according to press reports. IMN members also broke through police barricades at the National Assembly and police dispersed the crowd with tear gas. Following the July 9 events, the Senate called for the arrest of IMN members involved in the violence, while the House of Representatives called on the government to urgently engage the IMN to resolve the conflict and expressed fears the Shia group was fast evolving “the way Boko Haram started.”

Human Rights Watch reported that on July 22, police opened fire on peaceful IMN protesters and killed 11 protesters, a journalist, and a police officer, while dozens of others were wounded or arrested, according to witnesses and authorities. On November 27, police arraigned 60 IMN members arrested at the July 22 protest on charges of culpable homicide, destruction of public property, and public disturbance.

On July 26, the Federal High Court ruled IMN’s activities amounted to “acts of terrorism and illegality” and ordered the government to proscribe the “existence and activities” of the group. On July 28, the government complied, officially banning the IMN as an illegal organization and thereby prohibiting its meeting or activities. In its announcement, the government emphasized its proscription of the IMN “has nothing to do with banning the larger numbers of peaceful and law-abiding Shiites in the country from practicing their religion.” Following the ban, then-Archbishop of Abuja Cardinal Oneiyekan defended the country’s Shia Muslims and criticized the government’s action banning the IMN as a threat to religious freedom for all believers, according to Catholic media. On September 10, despite the government prohibition, the IMN sponsored Ashura religious processions in Bauchi, Kaduna, Gombe, Katsina, and Sokoto States. The IMN reported as many as 12 participants in the processions died in clashes with security forces, with media sources reporting between three and nine killed.

In August the government granted El-Zakzaky temporary release to seek medical treatment in India; he traveled but reportedly refused treatment in India after stating armed Indian guards had been posted in his room during his medical treatment. Upon his return home the government returned him to custody, where he remained through the end of the year.

On November 27, police broke up an IMN protest and arrested 12 members and two journalists. The journalists later were released.

Local and international NGOs continued to criticize the lack of accountability for soldiers implicated in a December 2015 clash between the army and IMN members that, according to a Kaduna State government report, left at least 348 IMN members and one soldier dead, with IMN members buried in a mass grave. Approximately 100 IMN members arrested after that clash remained in detention.

In June the Kaduna state legislature approved a bill to regulate religious preaching. While the government said the new law would protect against “hate speech,” religious leaders said it infringed on freedom of speech and the rights of Christians and Muslims. The law required all preachers to be licensed by a state-level body composed of religious leaders, government officials, and security agencies. Later in June Kaduna’s highest court nullified the law, stating that it was inconsistent with the constitution’s guarantees for freedom of expression, association, and religion. The state government announced it would appeal the decision at the federal level.

In May the Kano state Hisbah Board arrested 80 Muslims accused of eating in public rather than fasting during Ramadan. The Kano hisbah spokesman said they were all eventually released since it was their first offense but noted they would be taken to court if detained again. In October the Kano state hisbah arrested four men for organizing a false online wedding to a young woman over Facebook, stating it “mocked Islam” as well as demeaned the “sanctity of the institution of marriage.”

Members of both Christian and Muslim groups continued to report some state and local government laws discriminated against them, including by limiting their rights to freedom of expression and assembly and in obtaining government employment.

Local and international NGOs and religious organizations criticized the government’s perceived inability to prevent or effectively mitigate violence between Christian and Muslim communities in the Middle Belt region.

In June some ethnoreligious organizations in the South West and South East reacted with threats of violence to news of a government plan to resettle predominantly Muslim Fulani herdsmen in southern parts of the country. In the South West, both Muslim and Christian groups threatened violence against members of the Fulani ethnic group. The government later abandoned the plan.

In June President Muhammadu Buhari announced plans for the eventual ban of Almajiri Quranic schools due to their reported practice of forcing students to beg in the streets and their perceived association with urban crime and violence; he said the government first would consult with states, which have jurisdiction over the schools, and others in the education community. In July the Kaduna State Commissioner for Education announced that Quranic schools would be integrated into the formal education system. In October the Kano state government announced a “free and compulsory education initiative” that would abolish the payment of school fees and integrate all Almajiri pupils into the formal education system in 2020.

In October police raided four Islamic schools in Kaduna and Katsina States and freed over 1,000 men and boys living in “inhumane and degrading” conditions, including being chained and physically abused, according to international media. In November police freed 259 men, women, and children from an Islamic school in Oyo State and rescued 15 people chained in a church in Lagos. In November Human Rights Watch reported its investigators found individuals chained in 27 of 28 institutions they visited, which included psychiatric hospitals, general hospitals, traditional healing centers, Christian churches, and both Islamic and state-owned rehabilitation centers. Following the raids, President Buhari issued a statement saying, “No responsible democratic government would tolerate the existence of the torture chambers and physical abuses of inmates in the name of rehabilitation of the victims.”

In January Sultan of Sokoto Sa’ad Abubakar III and then-Archbishop of Abuja Onaiyekan organized a conference with religious leaders from throughout the country to promote peaceful elections.

In September the Kaduna State Urban Planning Development Agency served the 110-year-old St. George Anglican Church a notice to vacate its premises within seven days on the grounds that the church did not have a certificate of occupancy. A week later the Kaduna state government issued a statement saying the church would remain because of its historical value.

North Korea

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution states, “Citizens have freedom of religious belief. This right is granted through the approval of the construction of religious buildings and the holding of religious ceremonies.” It further states, however, “Religion must not be used as a pretext for drawing in foreign forces or for harming the state and social order.”

According to a 2014 official government document, “Freedom of religion is allowed and provided by the State law within the limit necessary for securing social order, health, social security, morality and other human rights.”

The country’s criminal code punishes a “person who, without authorization, imports, makes, distributes or illegally keeps drawings, photographs, books, video recordings, or electronic media that reflect decadent, carnal, or foul contents.” The criminal code also bans engagement in “superstitious activities in exchange for money or goods.” According to local sources, this prohibition includes fortune telling. The NGO Committee for Human Rights in North Korea (HRNK) reported that under these two provisions, ownership of religious materials brought in from abroad is illegal and punishable by imprisonment and other forms of severe punishment, including execution.

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

Government Practices

There were reports the government continued to deal severely with those who engaged in almost any religious practices through executions, torture, beatings, and arrests. The country’s inaccessibility and lack of timely information continued to make arrests and punishments difficult to verify. The 2014 COI final report concluded there was an almost complete denial by the government of the rights to freedom of thought, conscience, and religion, as well as the rights to freedom of opinion, expression, information, and association. It further concluded in many instances the violations of human rights committed by the government constituted crimes against humanity, and it recommended the United Nations ensure those most responsible for the crimes against humanity were held accountable. On September 20, the UN Special Rapporteur on the situation of human rights in the DPRK, Tomas Ojea Quintana, reported to the UN General Assembly that the human rights situation in the country “remains extremely serious. The political prison camps, in which a large number of political prisoners are detained in the worst conditions, remain in operation under complete secrecy. There is no freedom of expression and citizens are subject to a system of control, surveillance and punishment that violates their human rights.”

The NKDB, using reports from defectors and other sources, aggregated 1,341 specific cases of abuses of the right to freedom of religion or belief by authorities within the country from 2007 to December 2018. Charges included propagation of religion, possession of religious materials, religious activity, and contact with religious practitioners. Of the 1,341 cases, authorities reportedly killed 120 individuals (8.9 percent), disappeared 90 (6.7 percent), physically injured 48 (3.6 percent), deported or forcibly moved 51 (3.8 percent), detained 794 (59.2 percent), restricted movement of 133 (9.9 percent), and persecuted 105 (7.9 percent) using other methods of punishment.

A South Korean NGO estimated in 2013 that 80,000 to 120,000 political prisoners, some imprisoned for religious activities, were held in prison camps in remote areas under harsh conditions. In February Open Doors UK estimated 50,000 to 70,000 citizens were imprisoned for being Christian. Christian Solidarity Worldwide (CSW) said a policy of guilt by association was often applied in cases of detentions of Christians, meaning the relatives of Christians were also detained regardless of their beliefs. According to one defector, some members of his extended family were in a political prison camp because one member was Christian and additional family members had been executed for being Christian.

In September CSW reported there was no religious freedom in the country. CSW also reported that according to witness testimonies, “many Christians are detained in prison camps, where they endure dire living conditions and brutal torture.” CSW stated there were instances where citizens caught in possession of a Bible were executed.

While shamanism has always been practiced to some degree in the country, NGOs noted an apparent continued increase in shamanistic practices, including in Pyongyang. One source told RFA it was common for persons to consult fortune tellers before planning weddings, making business deals, or considering other important decisions. NGOs reported authorities continued to take measures against the practice of shamanism. RFA reported a source said that in March in Chongjin, North Hamgyong Province, authorities found three women guilty of fortune telling in a public trial. Two of the women were publicly executed by shooting, and the third was sentenced to life in prison. According to the source, the women had created a group called Chilsungyo (Seven Star Group) and said two children in the group were possessed by an oracle spirit. The women received money for telling fortunes. The source said thousands of persons from factories, colleges, and housing units were forced to attend the trial and executions, which were aimed at forcing officials to stop patronizing fortune tellers and engaging in other “superstitious” behavior.

In its annual report, Open Doors USA for the 18th year in a row ranked the country number one on its watch list of countries where the government persecutes Christians. Open Doors USA stated arrests and abductions of foreign missionaries and punishments for Christians increased. According to the NGO, “If North Korean Christians are discovered…not only are they deported to labor camps as political criminals or even killed on the spot, their families will share their fate as well. Christians do not have the slightest space in society; meeting other Christians in order to worship is almost impossible and if some dare to, it has to be done in utmost secrecy.” The government strengthened border controls, with harsher punishments for citizens being repatriated from China and increased efforts “to eliminate all channels for spreading the Christian faith.”

Religious and human rights groups outside the country continued to provide reports that members of underground churches were arrested, beaten, tortured, and killed because of their religious beliefs. According to Open Doors USA, one refugee said her family, upon being repatriated from China, was imprisoned for what authorities said were “problematic political beliefs,” and guards beat her parents for refusing to stop praying. Another woman who had been imprisoned after being repatriated from China told the NGO that prison authorities repeatedly asked her whether she went to church while in China, whether she owned a Bible, and if she was a Christian. The woman said she believed she would have been killed if she admitted being Christian.

According to the NKDB, there was a report in 2016 of disappearances of persons found to be practicing religion within detention facilities. International NGOs and North Korean defectors continued to report any religious activities conducted outside of those that were state-sanctioned, including praying, singing hymns, and reading the Bible, could lead to severe punishment, including imprisonment in political prison camps. According to the South Korean government-affiliated Korea Institute for National Unification’s (KINU) 2018 report, authorities punished both superstitious activities and religious activities, but the latter more severely. In general, punishment was very strict when citizens or defectors were involved with the Bible or Christian missionaries; authorities frequently punished those involved in superstitious activity with forced labor, which reportedly could be avoided by bribery.

According to RFA, authorities launched crackdowns on Falun Gong practitioners during the year. Sources said the practice of Falun Gong entered the country through trade workers and spread rapidly, even among high-ranking government officials and their families. In April police issued a proclamation that ordered citizens to report their status as Falun Gong practitioners, the government’s first ever such action. According to RFA, the proclamation threatened harsh punishments for those refusing to turn themselves in. Following issuance of the proclamation, police arrested 100 persons in Pyongyang’s Songyo District for Falun Gong practices. According to sources, the crackdowns and negative publicity only increased Falun Gong’s popularity.

The government reportedly detained foreigners who allegedly engaged in religious activity within the country’s borders. There was no further information on three South Korean missionaries detained in the country. In December 2018 The Korea Times reported the South Korean government tried to negotiate their release. One had been held since 2013 and two others since 2014.

Juche (“self-reliance”) and Suryong (“supreme leader”) remained important ideological underpinnings of the government and the cults of personality of previous leaders Kim Il Sung and Kim Jong Il and current leader Kim Jong Un. Refusal on religious or other grounds to accept the leader as the supreme authority was regarded as opposition to the national interest and reportedly resulted in severe punishment. Some scholars stated the Juche philosophy and reverence for the Kim family resembled a form of state-sponsored theology. Approximately 100,000 Juche research centers reportedly existed throughout the country. In KINU’s 2016 white paper, one defector said, “North Korea oppresses religion, particularly Christianity, because of the sense that the one-person dictatorship can be undermined by religious faith.”

The COI 2014 report found the government considered Christianity a serious threat that challenged the official cults of personality and provided a platform for social and political organization and interaction outside the government. The report concluded Christians faced persecution, violence, and heavy punishment if they practiced their religion outside the state-controlled churches. The report further recommended the country allow Christians and other religious believers to exercise their religions independently and publicly without fear of punishment, reprisal, or surveillance.

Liberty in North Korea (LiNK), a charitable organization that helps North Korean refugees, said on its website that organized religion was seen by the government as a potential threat to the regime. Defectors continued to report the government increased its investigation, repression, and persecution of unauthorized religious groups in recent years, but access to information on current conditions was limited.

According to NGOs, the government’s policy toward religion was intended to maintain an appearance of tolerance for international audiences while suppressing internally all religious activities not sanctioned by the state. As it had in years past, KINU stated in its annual white paper on human rights, “[I]t is practically impossible for North Korean people to have a religion in their daily lives.” The white paper quoted one defector as saying, “[A]uthorities call religion, as a whole, superstition. And all superstitious behaviors are prohibited.” According to the NKDB, the constitution represented only a nominal freedom granted to political supporters and only when the regime deemed it necessary to use it as a policy tool. A survey of 12,625 refugees between 2007 and March 2018 by the NKDB found 99.6 percent said there was no religious freedom in the country. In its 2018 report, the NKDB stated less than 1 percent of 12,880 defectors said they had visited religious facilities.

The HRNK reported the government continued to promote a policy that all citizens, young and old, participate in local defense and be willing to mobilize for national defense purposes. There were neither exceptions for these requirements nor any alternative to military service for conscientious objectors.

The Voice of the Martyrs, a Christian nonprofit organization, reportedly obtained a government video in September that depicted Christians as “religious fanatics” and “spies” who attempt to undermine the government. The video was allegedly used to instruct state security agents on how to identify and silence Christians in the country.

According to the NKDB, the South Korean government estimated that as of 2018 there were 121 religious facilities in the DPRK, including 60 Buddhist temples, 52 Chondoist temples, three state-controlled Protestant churches, and one Russian Orthodox church. The 2015 KINU annual white paper counted 60 Buddhist temples and reported most citizens did not realize Buddhist temples were religious facilities and did not regard Buddhist monks as religious figures. The temples were regarded as cultural heritage sites and tourist destinations. KINU’s 2019 annual white paper concluded no religious facilities existed outside of Pyongyang.

According to KINU’s 2018 report, the government continued to use authorized religious organizations for external propaganda and political purposes and reported citizens were strictly barred from entering places of worship. Ordinary citizens considered such places primarily as “sightseeing spots for foreigners.” Foreigners who met with representatives of government-sponsored religious organizations said they believed some members were genuinely religious, but others appeared to know little about religious doctrine. KINU concluded the lack of churches or religious facilities in the provinces indicated ordinary citizens did not have religious freedom.

The five state-controlled Christian churches in Pyongyang included three Protestant churches (Bongsu, Chilgol, and Jeil Churches), a Catholic church (Changchung Cathedral), and the Russian Orthodox Church of the Life-Giving Trinity, which falls under the jurisdiction of the Moscow Patriarchate. The Chilgol Church, a state-controlled Protestant church, was dedicated to the memory of former leader Kim Il Sung’s mother, Kang Pan Sok, a Presbyterian deaconess. The number of congregants regularly worshiping at these churches was unknown, and there was no information on whether scheduled services were available at these locations. Some defectors who previously lived in or near Pyongyang reported knowing about these churches. One defector said when he lived in Pyongyang, authorities arrested individuals whom they believed lingered too long outside these churches to listen to the music or consistently drove past them each week when services were being held on suspicion of being secret Christians. This defector also said authorities quickly realized one unintended consequence of allowing music at the services and permitting persons to attend church was that many attendees converted to Christianity, so authorities took steps to mitigate that outcome. Numerous other defectors from outside Pyongyang reported no knowledge of these churches.

According to KINU, foreign Christians who visited the country testified they witnessed church doors closed on Easter Sunday, and many foreign visitors said church activities seemed to be staged. LiNK stated on its website “nothing apart from token churches built as a facade of religious freedom for foreign visitors are allowed.” In its 2018 report on religious persecution in North Korea, Open Doors USA stated, “The churches shown to visitors in Pyongyang serve mere propaganda purposes.”

Foreign legislators who attended services in Pyongyang in previous years reported congregations arrived and departed services as groups on tour buses, and some observed the worshippers did not include any children. Some foreigners noted they were not permitted to have contact with worshippers, and others stated they had limited interaction with them. Foreign observers had limited ability to ascertain the level of government control over these groups but generally assumed the government monitored them closely.

In its 2002 report to the UN Human Rights Committee, the government reported the existence of 500 “family worship centers.” According to the 2018 KINU report, however, not one defector who testified for the report was aware of the existence of such “family churches.” According to a survey of 12,810 defectors cited in the 2018 NKDB report, none saw any of these purported home churches, and only 1.3 percent of respondents believed they existed. Observers stated “family worship centers” could be part of the state-controlled Korean Christian Federation (KCF).

The 2018 NKDB report noted the existence of state-sanctioned religious organizations in the country, such as the KCF, Korea Buddhist Union, Korean Catholic Council, Korea Chondoist Church Central Committee, Korea Orthodox Church Committee, and Korean Council of Religionists. There was minimal information available on the activities of such organizations, except for some information on inter-Korean religious exchanges in 2015.

The government-established Korean Catholic Council continued to provide basic services at the Changchung Cathedral, but the Holy See continued not to recognize it as a Roman Catholic church. There were no Vatican-recognized Catholic priests, monks, or nuns residing in the country.

According to foreign religious leaders who traveled to the country, there were Protestant pastors at Bongsu and Chilgol Churches, although it was not known if they were citizens or visiting pastors.

Five Russian Orthodox priests served at the Russian Orthodox Church of the Life-Giving Trinity, purportedly to provide pastoral care to Russians in the country. The clergy included North Koreans, several of whom reportedly studied at the Russian Orthodox seminary in Moscow.

The COI report concluded authorities systematically sought to hide the persecution of Christians who practiced their religion outside state-controlled churches from the international community by pointing to the small number of state-controlled churches as exemplifying religious freedom and pluralism.

In April United Press International cited a report by the state-run media outlet Ryomyong describing an Easter Sunday service at Pyongyang’s Changchung Cathedral. According to Ryomyong, citizens and foreign worshippers attended. The report quoted the clergyman making anti-U.S. and other political statements during the service.

The NKDB stated officials conducted thorough searches of incoming packages and belongings at ports, customs checkpoints, and airports to search for religious items as well as other items the government deemed objectionable. Open Doors USA reported some individuals brought audio devices containing the Bible and other religious materials from China or smuggled in radios for local residents to listen to Christian broadcasts from overseas.

The government reportedly closely regulated certain forms of religious education, including programs at three-year colleges for training Protestant and Buddhist clergy, a religious studies program at Kim Il Sung University, a graduate institution that trained pastors, and other seminaries affiliated with Christian or Buddhist groups.

According to KINU, religion continued to be used to justify restricting individuals to the lowest class rungs of the songbun system, which classifies individuals on the basis of social class, family background, and presumed support of the regime. The songbun classification system resulted in discrimination in education, health care, employment opportunities, and residence. KINU continued to report that religious persons and their families were perceived to be “anti-revolutionary elements.”

According to KINU, the government continued to view Christianity as a means of foreign encroachment. KINU quoted the North Korean Academy of Social Science Philosophy Institute’s “Dictionary on Philosophy” as stating, “Religion is historically seized by the ruling class to deceive the masses and was used as a means to exploit and oppress, and it has recently been used by the imperialists as an ideological tool to invade underdeveloped countries.” KINU again reported citizens continued to receive education from authorities at least twice a year emphasizing ways to detect individuals who engage in spreading Christianity.

According to a 2018 Associated Press article, dozens of missionaries in areas of China near the border, most of whom were South Koreans or ethnic Koreans, provide assistance and religious education to North Koreans. According to the Rev. Kim Kyou-ho, head of the Seoul-based Chosen People Network, in recent years, 10 such frontline missionaries and pastors died mysteriously, and he suspected the North Korean government was involved.

The government reportedly continued to be concerned that faith-based South Korean relief and refugee assistance efforts along the northeast border with China had both humanitarian and political goals, including the overthrow of the government, and alleged these groups were involved in intelligence gathering. The government reportedly continued tightening border controls in an effort to crack down on any such activities.

The government continued to allow some overseas faith-based aid organizations to operate inside the country to provide humanitarian assistance. Such organizations reported they were not allowed to proselytize; their contact with local citizens was limited and strictly monitored, and government escorts accompanied them at all times. In October the Asia Times reported South Korean-based Christian charities said the government sometimes declined aid for political reasons, and in some cases the charities distributed the aid in secret through underground Christian networks.

The COI report concluded government messaging regarding the purported evils of Christianity led to negative views of Christianity among ordinary citizens.

In November media reported South Korean President Moon Jae-in’s office invited Pope Francis to meet Chairman Kim at the demilitarized zone. At year’s end, however, there were no reports that the pope planned to do so.

In December the UN General Assembly passed by consensus a resolution, cosponsored by the United States, condemning “the long-standing and ongoing systematic, widespread, and gross violations of human rights in and by the Democratic People’s Republic of Korea.” The UN General Assembly expressed its very serious concern at “the imposition of the death penalty for political and religious reasons,” and “all-pervasive and severe restrictions, both online and offline, on the freedoms of thought, conscience, religion or belief, opinion and expression, peaceful assembly and association.” The UN General Assembly also “strongly urge[d] the Democratic People’s Republic of Korea to respect fully all human rights and fundamental freedoms[.]” The annual resolution again welcomed the Security Council’s continued consideration of the COI’s relevant conclusion and recommendations.

Romania

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution prohibits restricting freedom of thought, opinion, conscience, or religious beliefs, as well as forcing individuals to espouse a religious belief contrary to their convictions. It stipulates all religions are independent from the state and have the freedom to organize “in accordance with their own statutes” under terms defined by the law. The law on religious freedom and religious denominations specifies the state’s recognition of the “important role of the Romanian Orthodox Church” as well as the role of “other churches and denominations as recognized by the national history” of the country.

The constitution states religious denominations shall be autonomous and enjoy state support, including the facilitation of religious assistance in the army, hospitals, penitentiaries, retirement homes, and orphanages. The law forbids public authorities or private legal entities from asking individuals to specify their religion, with the exception of the census.

The provisions of the law devoted to religion stipulate a three-tier system of religious classification, with “religious denominations” at the highest level, followed by “religious associations,” and “religious groups” at the most basic level. Organizations in the top two tiers are legal entities, while religious groups are not. Civil associations established under separate provisions of the law governing associations and foundations may also engage in religious activities and have the status of legal entities.

By law, there are 18 religious organizations recognized as “religious denominations,” all of which were in existence at the time the law on religion was enacted in 2006. They include the ROC, Orthodox Serb Bishopric of Timisoara, Roman Catholic Church, Greek Catholic Church, Old Rite Russian Christian (Orthodox) Church, Reformed (Protestant) Church, Christian Evangelical Church, Romanian Evangelical Church, Evangelical Augustan Church, Evangelical Lutheran Church, Unitarian Church, Baptist Church, Pentecostal Church, Seventh-day Adventist Church, Armenian Apostolic Church, Federation of Jewish Communities, Muslim Denomination (Islam), and Jehovah’s Witnesses.

For additional organizations to obtain recognition as religious denominations, the law specifies they must demonstrate 12 years of continuous activity beginning in 2006. A religious association is then eligible to apply for the status of religious denomination if it has a membership of at least 0.1 percent of the population (approximately 21,500 persons).

The law defines a religious association as an organization of at least 300 citizens who share and practice the same faith and has attained legal status through registration with the Registry of Religious Associations in the office of the clerk of the court where the main branch of the association is located. To register, religious associations must submit to the government their members’ personal data (e.g., names, addresses, personal identification numbers, and signatures), which the law says the government may not share with other public institutions or use in any other way. To operate as religious associations, organizations also require approval from the National Secretariat for Religious Denominations, which is under the authority of the Office of the Prime Minister.

The law defines a religious group as a group of individuals sharing the same beliefs. Religious groups do not have to register to practice their religion and do not need approval from the national secretariat to operate.

Civil associations engaged in religious activities function like secular associations and foundations; however, they do not receive the same benefits as religious denominations or religious associations. These associations do not require approval from the National Secretariat for Religious Denominations to operate. Their registration falls under the provisions of law governing the establishment of foundations, associations, and nongovernmental organizations (NGOs), which require a minimum membership of three individuals. Such civil associations are not required to submit their members’ personal data.

Religious denominations are eligible for state financial and other support. They have the right to teach religion classes in public schools, receive government funds to build places of worship, partially pay clergy salaries with state funds, broadcast religious programming on radio and television, and apply for broadcasting licenses for their own stations. Under the law, the amount of state funding a denomination receives is determined by the number of adherents reported in the most recent census, as well as by “the religious denomination’s actual needs.”

Religious associations do not receive government funding, but both they and religious denominations receive tax exemptions on income and buildings used for religious, educational, or other social purposes. Religious groups do not receive either government funding or tax exemptions.

Both religious denominations and religious associations may own or rent property, publish or import religious literature, proselytize, establish and operate schools or hospitals, own cemeteries, and receive tax exemptions on income and buildings used for religious, educational, or other social purposes. Religious groups have no legal status to engage in such activities; however, they may practice their religious beliefs, including in public.

Civil associations engaged in religious activities may engage in religious worship and own cemeteries. While they do not receive the same tax exemptions or other benefits granted to religious denominations and religious associations, they may receive the tax advantages and other benefits accruing to civil associations and foundations.

Legal provisions allow local authorities to fund places of worship and theological schools belonging to religious denominations, including providing funding for staff salaries and building maintenance, renovation, and conservation or construction of places of worship. No similar provisions exist for religious associations or other associations engaged in religious activities; however, these associations may receive funding through legal provisions for civil associations and foundations.

The law allows all types of religious organizations to bury their dead in cemeteries belonging to other religious organizations, with the exception of cemeteries belonging to local Jewish and Muslim communities. By law, non-Muslims and non-Jews are not entitled to be buried in Jewish or Muslim cemeteries. Public cemeteries must have separate sections for each religious denomination if requested by the denominations operating in the locality.

The law allows clergy from recognized religious denominations to minister to military personnel. This includes the possibility of clergy functioning within the Ministry of Defense, Ministry of Interior, Intelligence Service, Foreign Intelligence Service, Protection and Guard Service, Special Telecommunications Service, and General Directorate for Penitentiaries. Under various other arrangements, clergy of recognized religious denominations, and in some cases religious associations, may enter hospitals, orphanages, and retirement homes to undertake religious activities. Religious denominations and religious associations may undertake activities in penitentiaries, subject to approval by the director of the detention facility.

The law provides for the restitution of religious properties confiscated between 1940 and 1989, during World War II (WWII) and the ensuing communist regime, as long as the properties are in the possession of the state.

Under the law, if a confiscated property is used “in the public interest,” such as for a school, hospital, or museum, and is returned to its previous owner, the current occupants are allowed to remain in it for 10 years after the restitution decision and pay a capped rent. The law does not address the general return of properties currently used as places of worship by another religious group. Although the provisions of the law on restitution state a separate law would be adopted to address such cases, as of year’s end there was no such law.

A separate statute on the reinstatement of the Greek Catholic Church regulates the restitution of properties to the Church from the ROC. Restitution decisions are made by a joint commission representing the two Churches and based on “the will of the believers from the communities that possess these properties.” The Greek Catholic Church may pursue court action if attempts to obtain restitution of its properties through dialogue are unsuccessful.

The law establishes a points system of compensation in cases where in-kind restitution is not possible. Religious groups may use the points only to bid on other properties in auctions organized by the National Commission for Real Estate Compensation (NCREC). The NCREC also validates compensation decisions of other local or central authorities, including those of the Special Restitution Commission (SRC), which decides on restitution claims filed by religious denominations and national minorities. The law establishes a 240-day deadline by which claimants must submit additional evidence in their cases at the specific request of the entity in charge of resolving their restitution claim. If a claimant does not meet the deadline, the administrative authority may reject the case. The authority may extend the deadline by an additional 120 days if the claimants prove they made a concerted effort to obtain the evidence, usually in the possession of other state authorities, but were unable to do so.

The law nullifies acts of forced “donations” of Jewish property during WWII and the communist era and lowers the burden of proof for the previous owners or their heirs to obtain restitution. The law designates the present-day Federation of Jewish Communities of Romania as the legitimate inheritor of forfeited communal Jewish property and accords priority to private claims by Holocaust survivors. The law does not address heirless or unclaimed property left by Holocaust victims.

Romanian and foreign citizens who were persecuted based on ethnic criteria between 1940 and 1945 are entitled to a monthly pension. The amount of the pension varies, depending on the type and length of persecution endured. The pension is available to survivors and their families who are no longer Romanian citizens, thus entitling U.S. citizen Holocaust survivors and U.S. citizen family members of Holocaust victims to the same rights as Romanian citizens.

A law that went into effect in July allows Holocaust survivors residing in foreign countries and are eligible for compensation in Romania to prove they were victims of racial and ethnic persecution based on official documents released by institutions of the country of residence. The law also exempts Holocaust survivors residing in foreign countries from having to physically submit their applications for compensation at the pension offices in the country and allows them to use other means of communication to apply.

By law, religious education in schools is optional in both public and private schools. Each of the 18 legally recognized religious denominations is entitled to offer religion classes, based on its own religious teachings, in schools. A denomination may offer classes regardless of the number of students adhering to the denomination in a school. The law allows for exceptions where the right of students to attend religion classes cannot be implemented “for objective reasons,” without specifying what these reasons may be.

Under the law, parents of students under 18 years of age are required to request their children’s participation in religion classes, while students 18 and older may themselves ask to attend religion classes. Although a student normally takes a school course based on the religious teachings of the denomination to which the student belongs, it is also possible for a student to take a religion course offered by his or her denomination outside the school system and bring a certificate from the denomination to receive academic credit.

Religion teachers in public schools are government employees, but each religious denomination approves the appointment and retention of the teachers of its religion classes.

The law forbids proselytizing in public and private schools. If teachers proselytize, the school management determines the appropriate punishment, based on the conclusions of an internal committee.

The law states the religion of a child who has turned 14 may not be changed without the child’s consent; from age 16, a person has the right to choose her/his religion.

The law bans discrimination on religious grounds in all areas of public life. It also bans religious defamation and stirring conflict on religious grounds, as well as public offenses against religious symbols. Penalties may include fines varying from 1,000 to 100,000 lei ($235-$23,500), depending on whether the victim is an individual or a community.

According to amendments to a law that went into effect in April, deceased adherents of Judaism are exempted from autopsy upon the request of their families or the Federation of Jewish Communities in Romania and if law enforcement determines there are no suspicious circumstances surrounding their death. The previous version of the law did not allow for such an exemption.

By law, anti-Semitism is defined as a perception of Jews expressed in the form of anti-Jewish hatred, as well as speech and physical acts motivated by hatred that target Jews, non-Jews or their belongings, Jewish community institutions, or Jewish places of worship. Penalties for publicly promoting anti-Semitic ideas and doctrines or manufacturing and disseminating anti-Semitic symbols range from three months’ to three years’ imprisonment and the loss of certain rights. Penalties for establishing anti-Semitic organizations range from three to 10 years’ imprisonment and the loss of certain rights.

The law prohibits the establishment of fascist, Legionnaire (the country’s interwar fascist organization), racist, or xenophobic organizations, which it defines in part as groups that promote violence, religiously motivated hatred, or extremist nationalism, the latter term undefined. Penalties for establishing such organizations range from three to 10 years’ imprisonment and the loss of certain rights. Criminal liability is waived if the person involved in establishing such an organization informs authorities before the organization begins its activity; penalties are halved if the individual helps authorities with the criminal investigation. Legislation also makes manufacturing, selling, distributing, owning with intent to distribute, and using racist, fascist, xenophobic, and Legionnaire symbols illegal. Penalties range from three months’ to three years’ imprisonment.

Publicly denying the Holocaust or contesting, approving, justifying, or minimizing it in an “obvious manner” as determined by a judge is punishable by six months’ to three years’ imprisonment or by a fine, depending on circumstances, of up to 200,000 lei ($47,000). Publicly promoting persons convicted of genocide, crimes against humanity, or war crimes may incur fines and prison terms ranging from three months to three years and from six months to five years if done online. The same penalties apply to publicly promoting anti-Semitic, fascist, Legionnaire, racist, or xenophobic ideas, worldviews, or doctrines.

The law allows religious workers from legally recognized religious organizations to enter and remain in the country under an extended-stay visa. Visa applicants must receive approval by the State Secretariat for Religious Affairs and submit evidence they represent religious organizations legally established in the country. The secretariat may extend such visas for up to five years.

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

Government Practices

By year’s end, the government approved one application for religious association status during the year – the “Neemia” Christian Association in Brateius – compared with two religious associations approved in 2018. As of December, 36 entities with diverse religious affiliations were registered as religious associations, up one from 35 in 2018.

Because religion and ethnicity are closely linked, it was difficult to categorize the following incidents as based solely on religious identity. In May the town of Darmanesti, located in the eastern part of the country, erected a monument and Orthodox-style crosses honoring the country’s WWI soldiers believed to be buried in Valea Uzului war cemetery. The ethnic Hungarian community and officials of the Democratic Alliance of Hungarians in Romania (UDMR) from the neighboring town of Sanmartin, which has a large population of ethnic Hungarians, stated the Darmanesti mayor had “appropriated” the cemetery which, according to UDMR, was under the jurisdiction of Sanmartin. They also said the recently built Orthodox-style monuments honoring Romanian soldiers were placed on top of the graves of predominantly Catholic Hungarian soldiers.

On May 16, media outlets posted a video showing a group of Hungarian-speaking persons covering the crosses and monument to Romanian soldiers in black plastic bags. UDMR condemned the covering of crosses and called it a provocation meant to discredit the Hungarian community in Romania. On May 29, the mayor of Sanmartin closed the Valea Uzului military cemetery for 30 days. On June 6, hundreds of persons equipped with loudspeakers, including several ROC priests, arrived at the cemetery to commemorate the Romanian soldiers believed to be buried there. They were met by approximately 200 members of the Gendarmerie, an agency of the Ministry of the Interior in charge of ensuring public order, who positioned themselves between the ethnic Romanians and hundreds of ethnic Hungarians who would not allow the ethnic Romanians to enter the cemetery. Eventually, some ethnic Romanians forced their way into the cemetery, where they held a ceremony commemorating ethnic Romanian soldiers. Several observers reported that the commemoration resembled the ritual performed by members of the outlawed Legionnaire Movement to commemorate their deceased.

Baha’i leaders continued to seek options for the burial of deceased followers in accordance with their religious practices. They requested assistance from the State Secretariat for Religious Denominations to establish a cemetery, and from the local governments of Cluj-Napoca and Bucharest to acquire an appropriate lot. According to the Baha’i community, local governments told them their deceased followers could be buried in other cemeteries and a dedicated Baha’i cemetery was not needed. According to the Baha’i, some burial practices of existing cemeteries were contrary to the Baha’i tradition, so they preferred to have their own. Baha’is continued to be registered as a religious association and not as a denomination because they did not meet the minimum requirements for membership and activity.

Some minority religious groups continued to state they viewed the 300-person membership requirement and the need to submit their members’ personal data for registration as a religious association as discriminatory because other types of associations required only three members and did not have to submit the personal data of their members. They also continued to criticize the three-tier classification system for religious organizations.

The National Authority for Property Restitution (NAPR), the government agency responsible for overseeing the restitution process, reported the SRC had approved 14 requests for the restitution of “immovable properties” (land or buildings) to religious denominations, approved compensation in 34 cases, and rejected 474 other claims during the year, compared with 17 requests for restitution, 35 approved compensations cases, and 609 rejected claims in 2018. All of the claims were submitted before the 2006 deadline. In 14 cases, the filers withdrew their claims. According to data provided by NAPR and the Ministry of Foreign Affairs, the number of cases NAPR reviewed decreased from 1,212 in 2018 to 777.

According to NAPR, religious denominations appealed 63 decisions the SRC submitted to the courts during the year, compared with 53 in 2018. The Roman Catholic Church made four appeals (12 in 2018); the ROC made 24 (nine in 2018); the Greek Catholics made 18 (13 in 2018); the Evangelical Augustinian Church made four (two in 2018); and the Jewish community made 10 (12 in 2018). Information concerning court decisions on these cases was unavailable.

During the year, NAPR reviewed 335 claims submitted by the Greek Catholic Church, compared with 490 claims in 2018, but it did not restore any property to the Church or grant it compensation in any cases. Greek Catholic Church officials reported that NAPR rejected most of their claims because the properties now belonged to the ROC and were subject to a different law, making restitution possible only through a joint commission representing the two Churches and based on “the will of the believers from the communities that possess these properties.” During the communist regime, all places of worship and parish houses were transferred to the ROC and most other properties (land and buildings) to the state. According to Greek Catholic officials, there was no progress on forming a joint commission by year’s end.

The Greek Catholic Church continued to report delays on restitution lawsuits. Representatives of the Greek Catholic Church stated there were no court decisions on Greek Catholic restitution cases again this year.

In November the civic group ACUM (the word “now” in Romanian) published an open letter to the president and prime minister calling for the establishment of a body to combat religious discrimination. The signatories stated that 30 years after the fall of Communism, the Greek-Catholic Church continued to be the victim of religious persecution that began in the 1940s. According to ACUM, 90 percent of its churches and assets confiscated during the communist regime had not been returned; the ROC, via its media and communication channels, continued to campaign against Greek Catholics; Greek Catholic students were pressured to take ROC religion classes; history textbooks and academic publications distorted or minimized the history of the Greek Catholic Church; commemorations honoring important leaders from the country’s history who were Greek Catholic deliberately overlooked those leaders’ religious affiliation; and the ROC had not asked for forgiveness for Securitate collaborators who jailed, tortured, and killed Greek Catholic priests who refused to convert to the Romanian Orthodox faith. The government had not responded to the letter by year’s end.

Restitution of a property in Bixad, previously restored to the Greek Catholic Church by the government and confirmed by earlier court decisions, continued to be delayed in light of a revived claim for the property by the Satu Mare County Council filed in 2016. At year’s end, the case was still pending.

Two cases filed in 2016 by the Greek Catholic Church with the European Court of Human Rights for restitution of churches in Bistrita and Breb remained pending. In each case, the Church’s complaint concerned court decisions awarding Greek Catholic property to the ROC based on census data showing Greek Catholics as a minority.

Although implementation regulations to officially prioritize property restitution cases for Holocaust survivors remained pending, NAPR approved priority status for 160 such applications. Since the passage of the legislation, NAPR has awarded compensation to Holocaust survivors in 76 cases, rejected the claims in nine cases, and had not issued a decision in 75 cases by year’s end.

The SRC approved 10 pending claims from previous years by the Jewish community as of October – eight through compensation and two through restitution in kind – and rejected 61 others, compared with 16 during the same period in 2018. In 10 other cases, compared with 54 in 2018, claimants withdrew their requests. Religious groups said it was difficult to obtain required documentation from the National Archives demonstrating proof of ownership in time to meet the 120-day deadline to submit an appeal. The Caritatea Foundation stated the SRC continued to avoid assuming responsibility for restitution, preferring to pass decisions on to the courts and reportedly to avoid being potentially charged with making decisions on illegal claims. The foundation also continued to state the claims procedure was overly bureaucratic and unreasonable, in particular because the SRC often requested the submission of numerous additional documents, which sometimes were found only in government-managed archives, giving Jewish claimants insufficient time to meet the deadline for document submission. Caritatea stated access to government-managed archives holding the required documents for the restitution process remained difficult.

According to Caritatea Foundation, the NCREC did not issue any final approval on decisions during the year, and 61 decisions issued before 2013 were pending final approval. According to NAPR, a high workload and insufficient staff and resources were the reasons for the delays.

A working group consisting of the Federation of Jewish Communities in Romania, Caritatea, and the WJRO had difficulty maintaining a dialogue with the government during the year, according to the WJRO. The working group said its standing proposals could help unblock or expedite the processing of remaining private and communal property claims. The government did not act on any of these proposals by year’s end.

The Reformed Church also indicated continuing delays on restitution lawsuits. According to the Reformed Church, over the past 10 years, the SRC had reviewed only half of its claims, with 52 cases pending at year’s end. The Reformed Church reported that since 2018, the SRC had rejected restitution claims on buildings previously owned by schools under the authority of the Reformed Church. According to the Reformed Church, the SRC said land records, some dating from the 19th century, listed the schools as rightful owners and not the Reformed Church.

The Reformed, Roman Catholic, and Evangelical Lutheran Churches said the government continued to reject their restitution claims on the grounds the entities registered as the former property owners were not the contemporary churches. Church leaders said the communist regime had dismantled the former church entities while confiscating their property, meaning the former property owners no longer existed as such but the contemporary churches, as the successors to the dismantled churches, were in effect the same entities whose property the communist regime had seized. Fourteen claims submitted by the Roman Catholic Church were resolved as of year’s end, compared with 12 in 2018. The government granted compensation or restitution in kind in eight cases and denied six claims, compared with five and seven claims, respectively, in 2018. The government reviewed six claims submitted by the Reformed Church and denied four others, compared with five and two claims, respectively, in 2018.

In January the Roman Catholic Church appealed to the High Court of Cassation and Justice to overturn an earlier rejection of the Church’s claim for restitution of the Batthyaneum Library and an astronomical institute in Alba Iulia, important cultural and historical touchstones for the country dating back to the 19th century. The first hearing is scheduled for November 2021.

Nearly 90 percent of schoolchildren took religion classes offered by the ROC. According to NGOs and parents’ associations, this enrollment continued to be the result of pressure by the ROC, as well as the failure of school directors to offer parents alternatives to religion classes.

Minority religious groups, including the Christian Evangelical Church, continued to report authorities allowed only the ROC to play an active role in the annual opening ceremonies at schools and other community events throughout the country and usually did not invite other religious groups to attend such ceremonies. According to the Christian Evangelical Church, this happened also in cities where their followers had a significant presence, such as Sibiu, Suceava, Iasi, and Piatra-Neamt.

The Seventh-day Adventist Church reported the Faculty of Medical Science and Pharmacy in Iasi and the Body of Expert and Licensed Accountants of Romania continued to schedule exams on Saturdays without providing the option for Seventh-day Adventist students to take the exams on another day. The Seventh-day Adventist Church also reported that despite their requests, public hospitals in Bucharest and Ploiesti did not change their work schedules to allow several employees to observe Saturday as the Sabbath.

Religious groups reported military chaplains continued to be ROC priests, with the exceptions of one Roman Catholic priest and one pastor from the Evangelical Alliance.

According to the government-established Wiesel Institute, prosecution of anti-Semitic speech and Holocaust denial continued to be infrequent. Statistics released by the government for the first half of the year showed that the national-level Prosecutor General’s Office had 42 unresolved cases. According to the Wiesel Institute, many of the cases included anti-Semitic elements. Of those cases, the office sent one case to trial; no information was available on the nature of the case. The 2014 case against the self-declared leader of the Legionnaire Movement for the public use of fascist, racist, and xenophobic symbols was still pending at year’s end, according to the Wiesel Institute. In October the Bucharest Military Tribunal accepted the proposal of the Bucharest Military Prosecutor’s Office to drop the 2016 charges against a military officer who had posted on social media anti-Semitic language and a public appeal for someone to place a bomb at the Wiesel Institute “to kill the Jews there.” The officer was ordered to perform 60 days of community service. According to media reports, the officer worked for the Romanian Intelligence Service. According to journalists and observers, the delay in the prosecution of these cases continued due to lengthy investigations and the lower priority law enforcement gave such investigations.

A law that went into effect in March allowed the declassification of some documents related to the Jewish community between 1938-1989 that are in the custody of the National Archives of Romania and the Archives of the General Secretariat of the Government. In March Member of Parliament (MP) Silviu Vexler, who represented the Jewish community and who sponsored the bill, stated many of these documents would shed light on unknown aspects of Jewish history during the Antonescu and communist dictatorships. According to several researchers, some of these documents may include significant details about Holocaust and communist-era confiscation of Jewish private and communal property.

The Wiesel Institute reported local authorities continued to name streets, organizations, schools, and libraries after persons convicted of Nazi-era war crimes or crimes against humanity and to allow the erection of statues and busts depicting persons convicted of war crimes. According to the institute, several cities and towns continued to name streets after Ion Antonescu, Romania’s dictator during WWII who was responsible for the Holocaust in Romania, and local governments refused to change the name despite requests from the institute. Similarly, the local government in Cluj-Napoca did not change the name of a street named in 2017 for Radu Gyr, a commander of the Legionnaire movement and apologist for anti-Semitism, who was convicted of war crimes for “contributing to the political aims of Hitlerism and Fascism.” At year’s end, the Ministry of Interior and local governments did not act on the institute’s 2017 request to stop these practices in accordance with the law banning the “public worship of persons convicted of war crimes, crimes against humanity and genocide.”

Several government officials continued to make comments widely viewed by Jewish organizations as “trivializing” the Holocaust. On August 2, during a ceremony commemorating the Roma Holocaust, then culture minister Veler-Daniel Breaz described the Holocaust as one of the “delicate moments, not to call them difficult or unpleasant, during which some minorities suffered.” The leaders of the Jewish community, academics, Roma, and human rights activists, as well as several politicians, criticized Breaz for his statements. On August 5, Dana Varga, an advisor to former prime minister Viorica Dancila, posted on her Facebook page photographs comparing President Iohannis, who is of ethnic-German heritage, to Adolf Hitler. Federation of Jewish Communities President Aurel Vainer, Jewish MP Vexler, the Wiesel Institute, Roma rights activists, and several members of the opposition condemned Varga’s actions, with some asking for her resignation. In September media reported the director of the Constantin Brancusi National Museum in Targu Jiu had posted on social media materials promoting the Legionnaire Movement and Corneliu Zelea Codreanu, who was the organization’s founder and leader.

The government continued to implement the recommendations of the 2004 report by the International Commission on the Holocaust in Romania (Wiesel Commission) and to cooperate with the USHMM in promoting Holocaust education. On March 15, Minister of Education Ecaterina Andronescu, a USHMM official, and Director of the Wiesel Institute Alexandru Florian signed a joint protocol of cooperation laying the groundwork for introducing historically accurate lessons on the history of the Holocaust and the Jewish people in Romania into the public school curriculum. The government also facilitated USHMM access to the country’s national archives. Archival institutions such as the Council for the Study of the Securitate Archives continued to implement cooperation agreements with the USHMM and provided the museum copies of historical records.

In June former prime minister Dancila, in coordination with the World Jewish Congress, hosted an international meeting of special envoys and coordinators combating anti-Semitism in Bucharest. The main conference took place in the Parliamentary Palace and featured representatives from more than 25 countries and international organizations. The government released a statement after the conference describing its main themes as providing for the safety and security of Jewish communities; applying the working definition of anti-Semitism endorsed by the International Holocaust Remembrance Alliance (IHRA); financing Holocaust research, education, and remembrance; and recording and collecting hate crime data.

The Wiesel Institute continued to organize training sessions for history teachers, carry out educational activities for students, and inform the public about the Holocaust.

Historians and Holocaust experts said the general history curricula provided few mandatory classes on the country’s Holocaust history. A high school course, “History of the Jews – The Holocaust,” remained optional.

In April Andrei Caramitru, a prominent member of the Save Romania Union party, posted a message on his Facebook page stating that the Social Democrat Party was responsible for “a Holocaust against Romania” that was more serious that what happened in the country during WWII. Caramitru subsequently apologized for his Facebook post.

On July 5, then prime minister Dancila established an interministerial committee tasked with drafting a national strategy on combating anti-Semitism, xenophobia, radicalization, and hate speech. The committee was coordinated by the Ministry of Foreign Affairs and included representatives of the Justice, Interior, Education and Culture Ministries, as well as the Wiesel Institute. The committee did not take any action by year’s end.

Pursuant to its pledge to implement the recommendations of the Wiesel Commission report, the government commemorated the annual National Holocaust Remembrance Day on October 9, marking the day when Romanian authorities began deporting the country’s Jews to Transnistria.

On October 8, President Iohannis hosted a public ceremony to sign into law a bill establishing the National Jewish History and Holocaust Museum. The law transferred a state-owned building in downtown Bucharest, intended to host the museum, to the Wiesel Institute, the governmental agency in charge of developing the museum. During the ceremony, President Iohannis underscored the contribution of Jews to the development of modern Romania. On the same day, then prime minister Dancila released a statement paying tribute to the victims of the Holocaust. The Wiesel Institute held a wreath-laying ceremony at the Holocaust Memorial in Bucharest on October 10; former minister of foreign affairs Ramona Manescu delivered remarks. The ceremony was not held on October 9 to avoid conflicting with Yom Kippur. On May 2, former prime minister Dancila commemorated Yom HaShoah (Holocaust Remembrance Day) by taking part in the March of the Living at Auschwitz. On January 27, President Iohannis and then prime minister Dancila posted on social media messages honoring Holocaust victims and survivors.

The country is a member of the IHRA.

On November 18, Turkish diplomats interrupted a religious event organized by the local Muslim community, disrupting an invited speaker and blocking her from delivering prepared remarks. Muslim community leaders said government officials present at the event did nothing to defend their right to hold events as the community saw appropriate, but they took no action following the incident. According to members of the Muslim community and other observers, the government’s inadequate financial support, primarily in the form of salaries for imams, made the Muslim community vulnerable to radicalization and outside influence from countries such as Turkey, Russia, and Saudi Arabia.

Russia

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution stipulates the state is secular and provides for religious freedom, freedom of conscience, and freedom of religious worship, including the right to “profess, individually or jointly with others, any religion, or to profess no religion.” It provides the right of citizens “to freely choose, possess, and disseminate religious or other beliefs, and to act in conformity with them,” and provides equality of rights and liberties regardless of attitude toward religion. The constitution bans any limitation of human rights on religious grounds and prohibits actions inciting religious hatred and strife. It states all religious associations are equal and separate from the state. The law acknowledges Christianity, Islam, Judaism, and Buddhism as the country’s four “traditional” religions, constituting an inseparable part of the country’s historical heritage. The law recognizes the “special role” of Russian Orthodox Christianity in the country’s “history and the formation and development of its spirituality and culture.”

The law states the government may restrict religious rights only to the degree necessary to protect the constitutional structure and security of the government; the morality, health, rights, and legal interests of persons; or the defense of the country. It is a violation of the law to force another person to disclose his or her opinion of a religion or to participate or not participate in worship, other religious ceremonies, the activities of a religious association, or religious instruction.

The law states those who violate religious freedom will be “held liable under criminal, administrative, and other legislation.” The administrative code and the criminal code both punish obstruction of the right to freedom of conscience and belief with imprisonment of up to three years and fines of up to 200,000 rubles ($3,200) or 500,000 rubles ($8,000), depending upon which code governs the offense.

By law, officials may prohibit the activity of a religious association on grounds such as violating public order or engaging in “extremist activity.” The law criminalizes a broad spectrum of activities as extremist, including “assistance to extremism,” but the law does not precisely define extremism or require an activity include an element of violence or hatred to be classified as extremist.

In December 2018, the government amended anti-extremism legislation, stipulating speech or actions aimed at “inciting hatred or enmity” on the basis of group affiliation (including religion) are punishable by administrative, rather than criminal, penalties for first-time offenses. These penalties include administrative arrests of up to 15 days or administrative fines of up to 20,000 rubles ($320) for individuals and up to 500,000 rubles ($8,000) for legal entities. Individuals who commit multiple offenses within a one-year period are subject to criminal penalties, including fines of up to 500,000 rubles ($8,000), compulsory labor for up to four years, or imprisonment of up to five years.

The law criminalizes “offending the feelings of religious believers.” Actions “in public demonstrating clear disrespect for society and committed with the intent to insult the feelings of religious believers” are subject to fines of up to 300,000 rubles ($4,800), compulsory labor for up to one year, or imprisonment for up to one year. If these actions are committed in places of worship, the punishment is a fine of up to 500,000 rubles ($8,000), compulsory labor for up to three years, or a prison sentence of up to three years.

Participating in or organizing the activity of a banned religious organization designated as extremist is punishable by a fine of up to 800,000 rubles ($12,800) or imprisonment for a term of six to 10 years, with deprivation of the right to hold “certain positions” or engage in “certain activities” (without specifying what these might be) for up to 10 years and restrictions on freedom for a period of one to two years. These restrictions may include house arrest or constraints on travel within the country. For persons with official status, a term which applies to anyone working for the government or state-owned entities, as well as to persons in management roles at commercial or nongovernment entities, the prescribed prison term is seven to twelve years, or a fine of up to 700,000 rubles ($11,200). First-time offenders who willingly forsake their membership in banned religious organizations are exempt from criminal liability if they committed no other crimes.

Local laws in several regions, including Kabardino-Balkaria and Dagestan, ban “extremist Islamic Wahhabism” in the territories of these republics but do not define the term. Authorities impose administrative penalties for violating these laws.

A Supreme Court 2017 ruling declared the Jehovah’s Witnesses Administrative Center an extremist organization, closed the organization on those grounds, and banned all Jehovah’s Witnesses activities, including the organization’s website and all regional branches. The court’s ruling states the constitution guarantees freedom of religious beliefs, but this right is limited by other rights, including “existing civil peace and harmony.”

The Supreme Court has banned the activities of several Islamic organizations on the grounds of extremism, including Hizb ut-Tahrir in 2003; Nurdzhular (a russification of the Turkish for “followers of Said Nursi”) in 2008; and Tablighi Jamaat in 2009. In 2015 the Ministry of Justice (MOJ) added the Fayzrakhmani Islamic community to its Federal List of Extremist Organizations.

The law creates three categories of religious associations, with different levels of legal status and privileges: “religious groups,” “local religious organizations” (LROs), and “centralized religious organizations” (CROs). Religious groups or organizations may be subject to legal dissolution or deprivation of legal status by a court decision on grounds including violations of standards set forth in the constitution or public security.

The “religious group” is the most basic unit and does not require registration with the state. When a group first begins its activities, however, it must notify authorities, typically the regional MOJ, of the location of its activity, its rites and ceremonies, and its leader(s) and members. A religious group may conduct worship services and rituals and teach religion to its members with proper notification to authorities. It does not have legal status to open a bank account, own property, issue invitations to foreign guests, publish literature, receive tax benefits, or conduct worship services in prisons, state-owned hospitals, or the armed forces. A religious group may use property bought for the group’s use by its members, residential property owned or rented by its members, or public spaces rented by its members to hold services.

An LRO may register with the MOJ if it has at least 10 citizen members who are 18 or older and are permanent local residents. LROs have legal status and may open bank accounts, own property, issue invitation letters to foreign guests, publish literature, receive tax benefits, and conduct worship services in prisons, hospitals, and the armed forces. CROs may register with the MOJ at the regional or federal level by combining at least three LROs of the same denomination.

To register as an LRO or CRO, an association must provide the following: a list of the organization’s founders and governing body, with addresses and internal travel document (“internal passport”) data; the organization’s charter; the minutes of the founding meeting; certification from the CRO (in the case of LROs); a description of the organization’s doctrine, practices, history, and attitudes toward family, marriage, and education; the organization’s legal address; a certificate of payment of government dues; and the charter or registration papers of the governing body in the case of organizations whose main offices are located abroad. Authorities may deny registration for reasons including incorrect paperwork, failure to meet different administrative requirements, national security reasons, or placement on the list of extremist or terrorist organizations. Denial of registration may be appealed in court. By law, CROs and LROs receiving funding from abroad must report an account of their activities, a list of leaders, the source of foreign funding, and plans for how the organization intends to use the foreign funds or property obtained through foreign funding. Reports are annual by default, but the MOJ may require additional ad hoc reports. LROs and CROs may invite foreign citizens to carry out professional religious activities. LROs and CROs may produce, acquire, export, import, and distribute religious literature in printed, audio, or video format, “and other religious items.”

The Expert Religious Studies Council, established by the MOJ, has wide powers to investigate religious organizations. Some of the council’s powers include reviewing organizations’ activities and literature and determining whether an organization is “extremist.” The council also advises the MOJ on the issue of granting religious organization status to a religious group.

Foreign religious organizations (those created outside of the country under foreign laws) have the right to open offices for representational purposes, either independently or as part of religious organizations previously established in the country, but they may not form or found their own religious organizations in the country and may not operate houses of worship.

The government (the MOJ or the Prosecutor General’s Office) oversees a religious organization’s compliance with the law and may review its financial and registration-related documents when conducting an inspection or investigation. With advance notice, the government may send representatives to attend a religious association’s events, conduct an annual review of compliance with the association’s mission statement on file with the government, and review its religious literature to decide whether the literature is extremist. The law contains ongoing reporting requirements on financial and economic activity, funding sources, and compliance with antiterrorist and anti-extremist legislation. The government may obtain a court order to close those associations that do not comply with reporting or other legal requirements.

The law allows the government to limit the places where prayer and public religious observance may be conducted without prior approval. LROs and CROs may conduct religious services and ceremonies without prior approval in buildings, lands, and facilities owned or rented by these associations, as well as in cemeteries, crematoria, places of pilgrimage, and living quarters. Baptism ceremonies in rivers and lakes, as well as services conducted in parks, open spaces, or courtyards, do not fall under this exemption. In these cases, LROs and CROs must seek government approval at least one week in advance and provide the government with the names of organizers and participants, as well as copies of any written materials to be used at the event.

The Ministry of Defense chaplaincy program requires members of a religious group to comprise at least 10 percent of a military unit before an official chaplain of that group is appointed. Chaplains are not enlisted or commissioned, but are classified as assistants to the commander. Chaplains are full-time employees of the Ministry of Defense, paid from the defense budget. The program allows for chaplains representing only the four traditional religions. Currently, there are more than 120 chaplains in the program.

The country’s 83 federal subjects (excluding Russian-occupied Crimea and Sevastopol) have varying policies on wearing the hijab in public schools and/or government institutions. Hijabs are banned in public schools in Stavropol and Mordovia, rulings that have been upheld by the Supreme Court. The law in Chechnya permits schoolgirls to wear hijabs.

Federal law, as amended by the Yarovaya Package, defines missionary activity as the sharing of one’s beliefs with persons of another faith or nonbelievers with the aim of involving these individuals in the “structure” of the religious association. According to the law, in order to share beliefs outside of officially sanctioned sites (which include buildings owned by a religious organization, buildings whose owners have given permission for activities to take place, pilgrimage destinations, cemeteries and crematoria, and indoor spaces of educational organizations historically used for religious ceremonies), an individual must have a document authorizing him or her to share beliefs from a religious group or registered organization. The law explicitly bans any beliefs from being shared in residential buildings without such documentation (unless in the form of a religious service, rite, or ceremony), or on another organization’s property without permission from that organization. Materials disseminated by missionaries must be marked with the name of the religious association providing the authorization.

Engaging in missionary activity prohibited by law carries a fine of 5,000 to 50,000 rubles ($80 to $800) for individuals and 100,000 to 1,000,000 rubles ($1,600 to $16,100) for legal entities, which includes LROs and CROs. Foreign citizens or stateless persons who violate restrictions on missionary activities may be fined 30,000 to 50,000 rubles ($480 to $800) and are subject to administrative deportation.

The law does not provide precise criteria on how written religious materials may be classified as “extremist.” Within the MOJ, the Scientific Advisory Board reviews religious materials for extremism. Composed of academics and representatives of the four traditional religions, the board reviews materials referred to it by judicial or law enforcement authorities, private citizens, or organizations. If the board identifies material as extremist, it issues a nonbinding advisory opinion, which is then published on the MOJ website and forwarded to the prosecutor’s office for further investigation. In addition to the Scientific Advisory Board, regional experts also may review religious materials for extremist content.

Prosecutors may take material to a court and ask the court to declare it extremist, but materials introduced in court during the consideration of administrative, civil, or criminal cases may also be declared extremist sua sponte, i.e., of the court’s own accord. By law, publications declared extremist by a federal court are automatically added to the federal list of extremist materials. Courts may order internet service providers to block access to websites containing materials included on the federal list of extremist materials. There is no legal procedure for removal from the list, even if a court declares an item should no longer be classified as extremist, but lists are reviewed and reissued on a regular basis and publications may be dropped from lists. The law makes it illegal to declare the key texts (holy books) of the four traditional religions in their original languages – Old and New Testaments of the Bible, Quran, and Tibetan Buddhist Kangyur (Kanjur) – to be extremist. The law does not specify that foreign language translations of these texts cannot be declared extremist.

According to the administrative code, mass distribution, production, and possession with the aim of mass distribution of extremist materials by private individuals may result in 15 days’ imprisonment or a fine of 1,000 to 3,000 rubles ($16 to $48), or 2,000 to 5,000 rubles ($32 to $80) for public officials, as well as confiscation of these materials. Courts may suspend for 90 days the operations of legal entities found to be in possession of extremist materials and fine them 100,000 to 1,000,000 rubles ($1,600 to $16,100). Individuals who produce materials later deemed extremist may not be punished retroactively but must cease production and distribution of those materials.

The law allows the transfer of state and municipal property of religious significance to religious organizations, including land, buildings, and movable property. The law grants religious organizations using state historical property for religious purposes the right to use such property indefinitely. The law prohibits the transfer of living quarters for religious use and the use of living quarters for missionary activity, unless the activity is a part of a “religious service, rite, or ceremony.”

The law allows religious organizations to use buildings that were not originally authorized for religious purposes if they are part of a property that serves a religious purpose. The law allows, for example, a group to establish a Sunday school in a warehouse on the property of a church. If a structure (e.g., the warehouse) does not meet legal requirements and is not made legal by submitting proper paperwork by 2030, it will be destroyed.

Religious education or civil ethics classes are compulsory in all public and private secondary schools. Students may choose to take a course on one of the four traditional religions, a general world religions course, or a secular ethics course. Regional and municipal departments of education oversee this curriculum at the local level in accordance with their capacity to offer the courses, and according to the religious makeup of the given location. There is no requirement for representatives of religious organizations to be licensed to conduct religious education in schools affiliated with a religious organization or in home schools. Religious instructors in any other state or private school must be licensed to teach religious courses.

The Office of the Director of Religious Issues within the Office of the Federal Human Rights Ombudsman handles complaints about the government’s actions on religious freedom. The ombudsman may intercede on behalf of those who submit complaints; however, the ombudsman may not compel other government bodies to act or directly intervene in complaints not addressed to the government.

The law entitles individuals and organizations to take religious freedom cases to the European Court of Human Rights (ECHR) in Strasbourg. The state must pay compensation to a person whose rights were violated as determined by the ECHR and ensure his or her rights are restored to the extent possible. The Constitutional Court determines whether judgments by international and regional courts, including the ECHR, are consistent with the constitution.

Military service for men between the ages of 18 and 27 is compulsory, but the constitution provides for alternative service for those who refuse to bear arms for reasons of conscience, including religious belief. The standard military service period is 12 months, while alternative service is 18 months in a Ministry of Defense agency or 21 months in a nondefense agency. Failure to perform alternative service is punishable under the criminal code, with penalties ranging from an 80,000 rubles ($1,300) fine to six months in prison.

By law, LROs and CROs may not participate in political campaigns or the activity of political parties or movements, or provide material or other aid to political groups. This restriction applies to religious organizations and not to their individual members.

The ROC and all members of the Civic Chamber, a state institution composed of representatives of public associations, are granted the opportunity to review draft legislation pending before the State Duma, the lower house of parliament, on a case-by-case basis. No formal mechanism exists for permanent representation of religious organizations in the Civic Chamber, but individuals from both traditional religions and other religious groups may be selected to serve in the chamber, initially by the president. Subsequently, the selectees themselves choose additional members to serve in the group. The State Duma passed legislation in 2007 barring any member of an organization that had been accused of extremism from serving in the Civic Chamber.

The law states foreigners or stateless individuals whose presence in the country the government deems “undesirable” are forbidden from becoming founders, members, or active participants in the activities of religious organizations. The same is true for individuals whose activities are deemed extremist by the courts or who are subject to prosecution under the law on combating money laundering and the financing of terrorism. The law restricts any foreign citizen or person without citizenship from entering the country if he or she “participates in the activities of the organizations included in the list of organizations and individuals in respect of whom there is information about their involvement in extremist activities or terrorism[.]”

Foreigners engaging in religious work require both a contract with a legally registered religious organization and a work visa. Religious work is not permitted on “humanities visas,” which allow foreigners to enter the country to strengthen academic or cultural ties or take part in charitable work. There are no missionary visas.

Amendments to the law enacted in May and July grant religious organizations the exclusive right to manage pilgrimage activities, both on a paid and free-of-charge basis.

Under the criminal code, an individual convicted of committing an act of vandalism motivated by religious hatred or enmity may be sentenced to up to three years of compulsory labor or prison.

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

Government Practices

Religious groups and human rights NGOs reported authorities continued to investigate, detain, arrest, imprison, torture, and/or physically abuse individuals on account of their religious beliefs or affiliation. Authorities continued to accuse religious minority groups of extremism.

As of December 31, Memorial identified 245 persons persecuted for their religious belief or affiliation whom it considered to be political prisoners, meaning they were either already imprisoned or were in custody or under house arrest awaiting a sentence to enter into force. This was an increase from 177 in 2018. In October Memorial’s list of persons it identified as political prisoners included 66 Jehovah’s Witnesses and 157 persons accused of involvement with the banned Hizb ut-Tahrir, an organization that Memorial characterized as a “non-violent international Islamic organization.” According to Memorial, none of the political prisoners being persecuted for their religious beliefs or affiliation called for violence or planned violent acts. In October Memorial also identified an additional 140 Jehovah’s Witnesses as “victims of politically motivated prosecutions” whom it did not consider to be political prisoners because they had not been placed in custody.

Authorities continued to enforce the Supreme Court’s 2017 ruling that criminalized the activity of Jehovah’s Witnesses as extremist. Jehovah’s Witnesses and human rights NGOs reported authorities raided homes, seized personal property, and detained hundreds of suspected members. According to Jehovah’s Witnesses, human rights NGOs, and media, authorities physically abused adherents while in detention. On February 15, Investigative Committee officials in Surgut in west Siberia’s Khanty-Mansiysk Region detained seven male Jehovah’s Witnesses. According to the men, during their interrogation at the police station, authorities put bags over their heads, sealed the bags with tape, tied their hands behind their backs, and beat them. Authorities stripped the men naked, doused them with water, and shocked them with stun guns for two hours. Authorities demanded to know where local Jehovah’s Witnesses met and who attended the meetings. Multiple domestic and international human rights groups, including Amnesty International, Human Rights Watch, and the UN Office of the High Commissioner for Human Rights, and the Jehovah’s Witnesses called for an investigation into the accusations of abuse. In March the Khanty-Mansiysk Investigative Committee division said after an internal investigation it found no evidence its staff had used unlawful force. The Jehovah’s Witnesses filed a case with the ECHR.

Jehovah’s Witnesses reported that on June 26, law enforcement officers in Kaluga raided the home of Roman Makhnev and took him and Dmitriy Kuzin into custody. At the station, officers handcuffed Makhnev to a pipe and left him there overnight. For the next three days, officers denied him food while they interrogated him. Authorities charged Makhnev and Kuzin with organizing extremist activity and held them in pretrial detention for six months. On December 25, a judge approved their release from the facility, but according to Jehovah’s Witnesses, the case remained pending at year’s end.

According to the Jehovah’s Witnesses, on February 6, authorities in Uray conducted searches of eight Jehovah’s Witnesses’ homes and took Andrey Sazonov into custody. The officers beat the man on the palms of his hands, forced him to kneel during his interrogation, and threatened him. According to Sazonov, when he would not answer questions about fellow believers, investigators turned off the recording machine, beat him more severely, and then resumed the interrogation. Two days after the search, Sazonov’s mother was expelled from the marketplace where she sold goods and her market stand was destroyed. On August 22, an appellate court banned Sazonov from participating in Jehovah’s Witnesses religious activities.

According to the European Association of Jehovah’s Witnesses, while exact numbers were unavailable, 5,000 to 10,000 adherents had fled the country in fear of persecution since the start of the government’s crackdown and related societal violence in 2017. The association estimated more than 150,000 adherents remained in the country. One source estimated there were at least 26,000 Jehovah’s Witnesses in Siberia continuing to worship clandestinely.

The SOVA Center reported criminal charges against Jehovah’s Witnesses were initiated in 21 new regions, meaning criminal prosecutions were ongoing in 52 regions at year’s end. The SOVA Center stated authorities accused 313 individuals of belonging to the group and filed charges against 213 of them during the year. Jehovah’s Witnesses reported as of November, 287 members were subject to ongoing criminal prosecution. Of these, 46 adherents were in pretrial detention, 23 were under house arrest, and at least 135 were under travel restrictions.

According to the SOVA Center and Jehovah’s Witnesses representatives, 18 Jehovah’s Witnesses were convicted of extremism for practicing their religion during the year in criminal cases; nine of them were sentenced to prison, including three who received six years in a penal colony. The remainder received suspended sentences, probation, fines, and/or community service. According to media and Jehovah’s Witnesses sources, on February 6, a judge in Oryol sentenced Danish citizen Dennis Christensen to six years in prison, making him the first Jehovah’s Witness to receive a prison term for “organizing the activity of a banned extremist organization.” Authorities had detained Christensen since May 2017. On May 23, the Oryol Regional Court denied his appeal and on June 6 authorities transferred him to a penal colony in Lgov, Kursk Region.

Media and Jehovah’s Witness representatives said that in September the Leninsky District Court in Saratov sentenced six Jehovah’s Witnesses to prison terms of between two and 3.5 years for organizing the activity of a banned extremist organization. In November a judge in Tomsk sentenced local resident Sergei Klimov to a six-year prison sentence for the same offense. Klimov had been held in pretrial detention since June 2018. In December a court in Penza sentenced Vladimir Alushkin to six years in prison, also for organizing the activity of a banned extremist organization.

According to the international human rights NGO Forum 18, a court in Khabarovsk sentenced Valery Moskalenko to two years’ forced labor followed by six months’ probation for “participating in the activity of a banned extremist organization.” Forum 18 reported the prosecution based its argument on a 10-minute recording of Moskalenko reading Jesus’ Sermon on the Mount at a Jehovah’s Witnesses gathering.

Jehovah’s Witnesses stated the Investigative Committee, Federal Security Service (FSB) agents, officers of the Interior Ministry’s Center for Countering Extremism, police officers, and riot police carried out raids in the homes and places of worship of Jehovah’s Witnesses in 44 regions between January 2018 and October 2019. Citing Jehovah’s Witness sources, Human Rights Watch reported 491 raids on homes and apartments during the year, compared to 289 in 2018. According to Jehovah’s Witness sources, during these raids, authorities entered homes, often in the early morning, and conducted unauthorized, illegal searches, and verbally and physically abused members. Authorities often entered the residences by forcing open the door. They held individuals, including children and the elderly, at gunpoint and seized personal belongings, including religious materials, personal correspondence, money, mobile phones, and other electronic devices.

According to Jehovah’s Witnesses, on April 19, agents from the Center for Countering Extremism and FSB agents disrupted a religious meeting in the home of an 81-year-old adherent and searched her home for five hours, during which the woman fell ill and required medical attention. On April 3 in Porkhov, Jehovah’s Witnesses reported masked FSB agents dressed in camouflage broke into the apartment of one Jehovah’s Witness couple. They struck the man several times on the head and legs and knocked him to the floor. Officers accessed his online accounts and seized electronic devices and money. They took the couple into custody and interrogated them. Authorities charged the man with participating in the activities of an extremist organization. The Jehovah’s Witnesses also reported that on October 10 in Sochi, groups of armed and masked security officers, some with dogs, conducted 36 home searches of Jehovah’s Witnesses. Authorities took Vyacheslav Popov and Nikolay Kuzichkin into custody and charged them with “organizing the activity of a banned extremist organization.”

According to Jehovah’s Witnesses representatives, at year’s end the group had 49 applications pending with the ECHR and five complaints against the government pending with the UN Working Group on Arbitrary Detention, including for detentions of practitioners, censorship of religious literature and the organization’s website, and raids on or other interference with religious meetings.

According to Memorial, during the year, the government detained, arrested, and/or sentenced at least 25 individuals it accused of belonging to Hizb ut-Tahrir. This number excluded individuals from Ukraine’s Crimea peninsula who were initially detained by Russian occupation authorities in Crimea before being transferred to Russia where they were tried and sentenced. While banned in Russia, Hizb ut-Tahrir was legal in Ukraine.

On September 12, media reported authorities completed a criminal investigation of Eduard Nizamov, whom the government alleged to be the head of the country’s branch of Hizb ut-Tahrir, and charged him with financing terrorism and “preparing for a violent seizure of power.” Nizamov denied the charges. Authorities arrested Nizamov in October 2018 and, according to Memorial, beat and verbally abused him while in pretrial detention. As of year’s end, his trial was pending.

Individuals continued to receive harsh sentences for their alleged involvement with Hizb ut-Tahrir. According to the human rights monitoring and reporting outlet OVD-Info, on March 13, the Volga District Military Court sentenced five men from Tatarstan to between 14 and 22 years in a maximum-security prison. The judge found one of the men guilty of participating in the activities of a terrorist organization and the others guilty of organizing the activities of a terrorist organization.

The courts continued to sentence individuals for what authorities said was membership in other Islamic organizations. Local media reported that on September 25, a court in Tatarstan sentenced three persons to prison terms of between two and six years for their involvement in Tablighi Jamaat, which Memorial characterized as a peaceful international Islamic missionary movement. On October 4, the FSB detained a Kyrgyz preacher whom authorities said was linked to Tablighi Jamaat. A court in Smolensk subsequently ruled that the man, a Kyrgyz national, be deported to the Kyrgyz Republic.

Although the works of Turkish theologian Said Nursi continued to be banned, authorities did not pursue any new cases against his followers during the year. Experts from the SOVA Center continued to state that Nurdzhular, an organization purportedly based on Nursi’s teachings and banned as extremist by the authorities, did not actually exist in the country, and a number of individuals accused of belonging to the organization also denied its existence as part of their defense.

Several individuals continued to serve out prison sentences for what authorities said was their adherence to Nursi’s teachings. According to Forum 18, Ziyavdin Dapayev, Sukhrab Kaltuyev, Artur Kaltuyev, and Ilgar Vagif-ogly Aliyev continued to serve prison sentences ranging from three to eight years for organizing the activities of a banned religious organization. Imam Komil Odilov was released in March after serving nine months of a two-year sentence in a labor camp, but was ordered to spend the next eight years on probation and under curfew (not allowed to leave his home between 10 PM and 6 AM). According to Forum 18, Odilov remained on the government’s list of terrorists and extremists.

In May the SOVA Center reported authorities stripped Yevgeny Kim, a naturalized Russian citizen since 2005, of his citizenship due to what they said was his allegiance to Nursi. This decision rendered Kim, who was nearing the end of a four-year prison sentence, stateless, since he had previously given up his Uzbek citizenship. At year’s end it was unclear whether authorities deported him; experts believed he remained in a detention center in Russia.

On June 19, a district court in Kazan sentenced five members of the Fayzrakhmani Islamic community to five to seven years in prison. Although the Fayzrakhmani group was considered an extremist organization, the SOVA Center described it as a “typical closed religious community” that lives a secluded life and maintains religious practices different from traditional Islam.

Media reported in May that Sahib Aliyev, an accountant in the St. Petersburg branch of the Church of Scientology (COS), pled guilty to organizing an extremist community, illegal entrepreneurship, and “humiliation of human dignity.” Authorities arrested Aliyev and four other members of the COS in June 2017 as part of a probe into what police said was possible “illegal entrepreneurship,” incitement of hatred, and organizing an extremist conspiracy. According to Newsweek, in March police raided the offices of the COS in Moscow and St. Petersburg in connection with fraud investigations. Authorities accused the COS of raising approximately 2.8 billion rubles ($45 million) in seminars and other events around the country and sending the money to the United States. They also said the group stole money from investors. The state news agency TASS reported that in November authorities released from custody Ivan Masitsky, the head of the COS in St. Petersburg, after he spent more than two years in a pretrial detention facility. At year’s end, the case against Masitsky and COS officers Konstantsiya Yesaulkova, Galina Shurinova, and Anastasiya Terentyeva remained pending.

Media continued to report official harassment against Muslims. Moskovskaya Gazeta reported on March 27 that police detained 27 Muslims praying at a mall in Moscow and accused them of violating the rules for holding public events. According to the SOVA Center, the men received administrative fines.

Authorities continued to refuse to register the St. Petersburg and Moscow COS branches as religious organizations despite a 2014 ECHR ruling that the government’s refusal was a violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

According to the Ministry of Justice, at the end of 2018 (the latest year for which information was available) there were 30,896 registered religious organizations (LROs and CROs) in the country, most of which were ROC-affiliated. According to the SOVA Center, laws creating and regulating the activities of religious groups, LROs, and CROs contained imprecise language that left room for interpretation by local and national authorities.

The SOVA Center, independent media, and religious groups continued to say the Expert Religious Studies Council members lacked appropriate academic and religious credentials to advise the MOJ about which groups should be permitted to register as religious organizations or to review an organization’s literature and activities to determine whether the organization was “extremist.”

Representatives of minority religious associations and NGOs continued to state the Yarovaya Package, enacted for the stated purpose of enhancing the country’s antiterrorism capability, was employed by authorities to limit religious freedom. They said officials often cited concerns about missionaries being sources of foreign influence. They said the broad definition of missionary activity in the legislation included not only proselytizing, but also disseminating religious materials, preaching, and engaging in interfaith discussions about religion, including in private residences, without prior authorization. In 2018, Forum 18 said the legal framework for an individual exercising his or her beliefs outside a designated place of worship was unclear and authorities applied the law inconsistently.

The SOVA Center stated in its annual report, “Persecution of religious organizations for ‘illegal’ missionary activity on the basis of the Yarovaya-Ozerov amendments package continued, although, judging by the Supreme Court data for the first half of 2019 [the time period for which data was available], its intensity ha[d] slightly diminished.” The majority of the 174 cases initiated under “violation of the law on freedom of conscience, religion, and religious associations” during the first six months of the year were for missionary activity. Seventy-four individuals, two officials, and 26 legal entities received penalties, mainly in the form of administrative fines. The SOVA Center calculated the total amount of fines imposed by courts in the first six months was 1,899,100 rubles ($30,500), compared with 2,471,000 rubles ($39,700) for the same period in 2018.

Forum 18 and the SOVA Center reported that on January 15, authorities in Yoshkar-Ola fined Sergei Roshchin and Valery Turkin, members of an unregistered Baptist group, 5,000 rubles ($80) each for passing out literature at a bus stop in Ryazan without a permit; on March 6, a district court ruled their actions constituted illegal missionary activity and upheld the fine. On February 7, authorities fined a Buddhist man in Sochi 5,000 rubles ($80) for organizing a meditation meeting at a boathouse without a permit.

According to the SOVA Center, in November a municipal court in Ryazan fined a man identified as Oleg Alekseyevich K. 5,000 rubles ($80) for illegal missionary activity for distributing Bibles at Ryazan State Radio Engineering University. The SOVA Center also reported that in August, the Mufti of Moscow, Ildar Alyautdinov, and the Spiritual Administration of Muslims of Moscow were fined 30,000 rubles ($480) each for distributing literature without proper markings. According to Komsomolskaya Pravda, in February authorities in Novosibirsk fined two Jewish lecturers, one from the United States and one from Israel, 2,000 rubles ($32) each for conducting missionary work while on tourist visas. The men spoke at a seminar for Jewish youth hosted by the Beit Menachem Jewish Community Cultural Center. The SOVA Center and Radio Free Europe/Radio Liberty (RFE/RL) reported that on April 7, authorities, including police and FSB officers, firefighters, and representatives of the city administration, disrupted services in a house in Verkhnebakansky, a town near the Black Sea, at which Pastor Yuri Korniyenko and 50 Baptist congregants were celebrating the Annunciation. On April 9, the prosecutor charged Korniyenko with engaging in illegal missionary work. Authorities sealed the house and banned the pastor and congregants from using it for religious purposes.

RFE/RL also reported that in November authorities fined a Baptist pastor in Tatarstan 20,000 rubles ($320) for organizing an unsanctioned public gathering in June at which a group of adherents assembled to watch him baptize a new member in the Kama River. On December 11, Kommersant reported a judge in the city of Satka fined the New Generation Church of Evangelical Christians (Pentecostals) 50,000 rubles ($800) for holding weekly meetings in a cafe without proper documentation.

On October 10, the Constitutional Court overturned a lower court 2018 decision imposing a fine on the Reconciliation Church of Evangelical Christians-Baptists, registered in Yoshkar-Ola, for illegal missionary activities for distributing printed materials outside the borders of the municipality in which the group was registered. The Constitutional Court ruled the scope of missionary activities of religious associations was wider than the territorial scope of their main religious activities.

In December the Russian Union of Evangelical Christina-Baptist reported that a Baptist pastor from Germany who had lived in Sverdlovsk Region since 1994 was deported after the regional office of the Ministry of Internal Affairs revoked his residence permit. The group said that without evidence, the FSB alleged he “advocated a violent change of the constitutional system of the Russian Federation” and “urged citizens to refuse to fulfill their legal duties and to confront the Russian Orthodox Church.” According to media reports, in March two American volunteers from the Church of Jesus Christ were detained in Novorossiysk, fined 30,000 rubles ($480), and deported for teaching English without a license and violating the terms of their visas.

Religious minorities said local authorities continued to use the country’s anti-extremism laws to ban sacred religious texts and other books relating to religion, other than the four holy books recognized by law. The MOJ’s list of extremist material grew during the year to 5,003 as of December, compared to 4,514 as of October 2018. There were reportedly no new Islamic or Jehovah’s Witnesses materials added to the list during the year but there were additions of anti-Semitic and anti-Orthodox Christian materials. During the first six months of the year, authorities imposed 1,964 sanctions for distribution of extremist materials, compared with 1,133 during the same period in 2018. According to Forum 18, in some cases, those in charge of places of worship and other public or semipublic spaces were held responsible for distribution of banned religious publications, which could have been left at the site by anyone at any time, including before the ban. The government’s ban on all Jehovah’s Witnesses websites, imposed in 2017, remained in effect.

As of year’s end, the government did not act on the 2018 ECHR finding that court decisions to prohibit Nursi’s books violated the guarantee of the right to freedom of expression contained in the European Convention on Human Rights and Fundamental Freedoms. The ECHR ruled the country’s courts did not provide sufficient and relevant grounds for interfering with the applicants’ right to freedom of expression, and their intervention could not be considered necessary in a democratic society. The court further ruled the government should pay one of the plaintiffs 7,500 euros ($8,400) in compensation for non-pecuniary damages.

The SOVA Center reported that on September 11, Prime Minister Dmitry Medvedev signed a decree requiring religious organizations to alter their places of worship to conform with specific counterterrorism measures in order to qualify for safety permits for their real property. Among other requirements, all facilities had to be guarded during services by members of public organizations. Facilities with maximum building occupancy limits between 500 and 1,000 had to have “panic buttons” and video surveillance systems. Buildings with occupancy limits of more than 1,000 had to be guarded by private security guards or Rosgvardiya (National Guard) personnel. The SOVA Center stated, “It is obvious that few religious organizations have the financial ability to meet these requirements, and the penalty for noncompliance is high: fines of up to 100,000 rubles [$1,600].”

Reports persisted that local officials fined members of religious groups for using land, including their homes, “not for its intended purpose,” i.e., for religious services. Officials reportedly continued to prevent minority religious organizations from obtaining land, and continued to deny construction permits for houses of worship. Forum 18 stated in September, “Since municipal authorities are usually unwilling to permit the construction of purpose-built churches and mosques, congregations can be obliged to meet in residential, agricultural, or commercial buildings. This leaves them vulnerable to the complexities and contradictions of the legislation which regulates the use of land.” Forum 18 reported that between January and October there were 21 known instances of individuals being fined for using homes as places of worship, compared with 10 in 2018. Forum 18 reported on November 14, however, that the Constitutional Court ruled that providing residential premises to religious organizations for worship and/or for use as a legal address “does not constitute a violation of the law and cannot serve as the basis for prosecuting citizens under [the administrative code].” The court stated religious use of residential premises must take into account the rights and legitimate interests of residents and neighbors, as well as health, safety, and environmental requirements. The court further stated it would be “unacceptable” for a dwelling to lose the features of a residential premises and acquire those of a religious or administrative building. The case involved a member of the Seventh-day Adventist Church in Rostov who allowed the congregation to use her home as its legal address and meet there for four hours per week for religious purposes. According to Forum 18, on November 20, human rights lawyer Vasily Nichik said in a blogpost, “Some words in the ruling do not have regulatory certainty, which leaves ample room for interpretation by law enforcement.”

Authorities continued to demolish houses of worship. According to Forum 18, on May 22, authorities demolished an Islamic prayer house located on private farmland in Chernyakhovsk District of Kaliningrad Region after several raids by FSB agents. Officials said the mosque violated planning regulations by being used for nonagricultural purposes.

Authorities continued to confiscate the property of the Jehovah’s Witnesses Administrative Center. In February the Syktyvkar City Court seized a house of worship after ruling the real estate agreement concluded in 2007 transferring the property to the Jehovah’s Witnesses was void, and returned the building to the municipality.

Media in August reported Sverdlovsk regional authorities rejected proposals made by members of the Buddhist Shedrub Ling Monastery to preserve the stupas and outdoor Buddha statues around the monastery on Mount Kachkanar. A court ordered the religious buildings and statues to be demolished to allow for mining operations in the area. On October 18, the Sverdlovsk Region vice governor announced the mining company and the Buddhist community had signed an agreement whereby the community would relocate to a different area but would have periodic access to the religious structures on Mount Kachkanar until their demolition. A Buddhist leader interviewed by Novaya Gazeta stated the agreement was contrary to his community’s interests but there was no other way to avoid conflict with the company and the local population. Under the agreement, the Buddhists must leave the area permanently by November 2020, after which the company plans to demolish most of the religious structures.

Forum 18 reported that on January 25, a Moscow court ordered the Moscow Theological Seminary of Evangelical Baptists to suspend all activities for 60 days after the federal education inspectorate Rosobrnadzor found fault with the organization’s theological bachelor’s degree program and the qualifications of its staff. In February the seminary was prohibited from admitting new students. Representatives of the seminary told Forum 18 Rosobrnadzor inspectors said staff had not undergone required medical examinations and the seminary was not following approved curricula. The seminary stated it was allowed under the education law and the religion law to develop nonaccredited courses that were not subject to the same requirements as state-accredited equivalents. The court subsequently suspended the seminary’s license to engage in educational activities indefinitely. At year’s end, the case was pending.

In December media reported Rosobrnadzor posted on its website that it had prohibited the Theological Seminary of the Evangelical Lutheran Church in St. Petersburg from admitting new students for “failing to comply with requests in a timely manner.” Rosobrnadzor did not provide further details.

As in years past, according to NGOs and independent experts, the government continued to cooperate more closely with the ROC than with other religious organizations, with officials often interpreting the law recognizing the “special role” Orthodox Christianity plays in the country’s “history and the formation and development of its spirituality and culture” as granting special privileges or benefits to the ROC as an institution. The ROC continued to benefit from a number of formal and informal agreements with government ministries that gave it greater access than other religious organizations to public institutions such as schools, hospitals, prisons, the police, and the military. The government also continued to provide the ROC patriarch with security guards and access to official vehicles, a privilege accorded to no other religious organization. In its annual report, the SOVA Center stated the ROC was the most frequent recipient of properties the government granted to religious organizations. During the year, Saratov Region authorities transferred the former Old Believers Kazanskaya (Gorinskaya) Church to the Russian Orthodox Gymnasium after refusing to return it to the Old Believers community. Per a decision by the Property Relations Committee of St. Petersburg, authorities gave the building housing the School of Olympic Reserve Specializing in Nordic Combined to the Orthodox Spaso-Pargolovsky parish over the objection of school staff and parents. No archival documents confirming that the ROC had previously owned the building were presented to the parents or school staff.

Some government officials continued to make anti-Semitic statements publicly. According to media, during a visit to Jordan in August, Chechen Republic Head Ramzan Kadyrov told a group of expatriate ethnic Chechens that Jews were “the main enemies of Islam.” The meeting was broadcast on Chechen state television. The month prior, he told a group of Chechen police that Israel was a “terrorist organization.” In an op-ed published on the Zavtra news website on May 6, Sergey Glazyev, an advisor to President Vladimir Putin, wrote that Ukraine President Volodymyr Zelenskyy, together with American and “extreme right-wing forces in Israel,” could orchestrate a “massive relocation” to replace the ethnic Russian population of eastern Ukraine with “inhabitants of the Promised Land.” Glazyev denied the op-ed was anti-Semitic, saying it did not mention Jews. On April 24, the acting mayor of Lipetsk, Yevgeniya Uvarkina, responded to a question at a public hearing from a local resident seeking to halt local stadium construction by wondering aloud whether the resident had a “Jewish last name.” She apologized for the remark the next day.

Multiple officials supported the construction of Orthodox churches, stating the country was an Orthodox nation. According to the Moscow Times, Yekaterinburg City Deputy Alexander Kolesnikov expressed public support for a proposed plan to build a new cathedral in a popular central park. Kolesnikov said, “If there is no cathedral, there will be mosques, and you will get another Switzerland. The government will work better if church bells are ringing.” According to media, in May thousands demonstrated for several days to protest the municipal government’s unilateral decision to locate the cathedral in the park without consulting local residents. Following a referendum, municipal authorities made plans to construct the cathedral at an alternate location.

The government continued to withhold property expropriated during the Soviet Union from minority Christian groups. Media reported Father Grigory Zvolinsky, a Catholic priest in the city of Kirov, had lost five court appeals since 2011 for the return of the Alexander Church, a Catholic church built by the Polish community in 1903. For several years, the church has been used as a concert hall. The city administration allowed Zvolinsky to rent the church for Mass on certain days but informed his lawyer near the end of the year that he would be allowed to continue doing this only if he dropped his court case altogether. Zvolinsky refused and declared his intention to continue trying to reclaim the church, despite being subject to official harassment and surveillance.

The SOVA Center reported authorities returned some properties to religious communities during the year. In June in the Altai Region, following lengthy litigation with the Barnaul city administration, the Catholic community regained ownership rights to its church building that had for many years housed a pharmacy. Media reported that in August the municipality of Syzran in the Volga Region returned a synagogue to the local Jewish community approximately 90 years after Soviet authorities had closed it. The community of approximately 150 members requested the return of the synagogue in 1943. Its request was denied at the time and the synagogue became a cultural center. The reports stated the community planned to rededicate the synagogue within two years.

Among issues cited by the Jehovah’s Witnesses were government seizures of properties valued at 79.2 million euros ($89 million), which remained pending before the ECHR at year’s end.

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