Section II. Status of Government Respect for Religious Freedom
Representatives from the predominantly Shia Hazara community said promised government security and development initiatives in Shia-predominant areas were insufficient, symbolic measures and the government had not implemented them. Media reported members of the Shia community continued to state the government did not provide them with adequate protection from attacks by nonstate actors. The Ministry of Interior again promised to increase security around Shia mosques and authorized the arming of Shia civilians, under police authority, to provide extra security for Ashura. On August 27, Acting Minister of Interior Massoud Andarabi confirmed preparations were in place that involved integrating all the security forces. The minister stated he understood that ISIS-K posed a particular threat to the Shia community. According to the Shia community, the government distributed arms directly to the guards of Shia mosques in areas considered more targeted for attacks. Media reported the government arrested a group of three ISIS-K leaders just two days before the Shia community’s observance of Ashura in Kabul. Although National Directorate of Security (NDS) forces told the press these arrests thwarted attacks during Ashura, they provided no evidence these leaders were plotting to target the Shia community, and ISIS-K did not claim it had planned attacks. For the second year in a row, there were no reports of violence during Ashura processions.
As in the previous five years, there were no reports of government prosecutions for blasphemy or apostasy; however, individuals converting from Islam reported they continued to risk annulment of their marriages, rejection by their families and communities, loss of employment, and possibly the death penalty. Baha’is continued to be labeled as “infidels,” although they were not considered converts; as such, they were not charged with either crime.
The government again allowed both Sunnis and Shia to go on pilgrimages. The government set aside a number of Hajj slots for residents of each province, with the higher-population provinces receiving more slots, and with no sect-based discrimination in the distribution of slots. The government charged fees for Hajj participants to cover transportation, food, accommodation, and other expenses. MOHRA also continued to facilitate pilgrimages for Hindus and Sikhs to India, but it did not collect any revenue for or from non-Muslims. Ahmadi Muslims continued to report they chose not to interact with MOHRA because they feared MOHRA would deem them non-Muslims and forbid them from participating in the Hajj.
MOHRA officials said the ministry had no official statistics because it lacked the financial resources to generate a comprehensive registry of mullahs and mosques in the country. MOHRA continued to estimate that of the approximately 120,000 mullahs in the country, 6,000 registered mullahs were working directly for MOHRA at year’s end. They said registered mullahs working directly for MOHRA continued to receive an average monthly salary of 12,000 afghanis ($150) from the government. Mullahs of central mosques delivering special Friday sermons, or khatibs, were paid a salary of 14,000 afghanis ($180) by MOHRA. MOHRA again estimated 66,000 of the estimated 160,000 mosques in the country were registered.
MOHRA reported it continued to allocate a portion of its budget for the construction of new mosques, although local groups remained the source of most of the funds for the new mosques. Unless the local groups requested financial or other assistance from the ministry, they were not required to inform the ministry about new construction.
Hindu and Sikh groups again reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy, but per the law against conversion of Muslims, the government continued not to allow them to proselytize. Hindu and Sikh community members said they continued to avoid pursuing land disputes through the courts due to fear of retaliation, especially if powerful local leaders occupied their property.
Although the government provided land to use as cremation sites, Sikh leaders stated the distance from any major urban area and the lack of security in the region continued to make the land unusable. Hindus and Sikhs reported continued interference in their efforts to cremate the remains of their dead by individuals who lived near the cremation sites. In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals. The government promised to construct modern crematories for the Sikh and Hindu populations. Despite these challenges, community leaders acknowledged efforts by MOHRA to provide free water, electricity, and repair services for a few Sikh and Hindu temples, as well as facilitate visas for religious trips to India.
According to MOHRA, the ministry did not have access to most of the country, especially in districts, villages, and rural areas. MOHRA officials said there were up to hundreds or thousands of unregistered mosques and madrassahs located in Taliban-controlled areas. They said in rural areas and most villages, mosques were used as madrassahs, and because most mosques were not registered, most madrassahs were not either. According to MOHRA, there was no system or mechanism for opening a new madrassah, particularly at the district level and in villages. MOHRA officials said it did not have a database or information on the number of madrassahs or mosques, except for information on the number of mosques located at provincial or district centers with imams on the MOHRA’s payroll. According to the ministry, there were 4,500 registered madrassahs and “Quran learning centers” throughout the country. The government registered additional madrassahs during the year but did not report how many. More than 300,000 students were enrolled in these registered madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to MOHRA’s estimates.
Ministry officials said the government continued its efforts to raise awareness of the benefits of registering madrassahs, including recognition of graduation certificates and financial and material assistance, such as furniture or stationery. Government officials said they were concerned about their inability to supervise unregistered madrassas that could teach violent extremist curricula intolerant of religious minorities and become recruitment centers for antigovernment groups. In February the NDS arrested Kabul University lecturer Mawlai Mubashir Muslimyar on charges of encouraging approximately 16 students to carry out terrorist attacks targeting Shia Muslims. On June 30, two Kabul University sharia law faculty members were arrested by the NDS for promoting Salafist religious ideology and actively recruiting university students for ISIS-K.
Mosques continued to handle primary-level religious studies. Eighty MOE-registered public madrassahs offered two-year degree programs at the secondary level. An estimated 1,200 public madrassahs were registered with the MOE, each receiving financial support from the government. There were no estimates of unregistered madrassas available.
Ulema Council members continued to receive financial support from the state, although it officially remained independent from the government. The council also provided advice to some provincial governments; however, according to scholars and NGOs, most legal decision making in villages and rural areas continued to be based on local interpretations of Islamic law and tradition. President Ashraf Ghani and Chief Executive Abdullah Abdullah also held meetings with Ulema Council members on promoting intrafaith tolerance and “moderate practices” of Islam.
Minority religious groups reported the courts continued not to apply the protections provided to those groups by law, and the courts denied non-Muslims equal access to the courts and other legal redress, even when the non-Muslims were legally entitled to those same rights.
Representatives from non-Muslim religious minorities, including Sikhs and Hindus, reported a consistent pattern of discrimination at all levels of the justice system. As Taliban representatives engaged in peace process discussions, some Sikhs and Hindus expressed concern that in a postconflict environment, they might be required to wear yellow (forehead) dots, badges, or armbands, as the Taliban had mandated during its 1996-2001 rule. Non-Muslims said they continued to risk being tried according to Hanafi jurisprudence. Sikhs and Hindus again reported their community members avoided taking civil cases to court because they believed they were unprotected by dispute resolution mechanisms, such as the Special Land and Property Court. Instead, their members continued to settle disputes within their communities.
Leaders of both Hindu and Sikh communities continued to state they faced discrimination in the judicial system, including long delays in resolving cases, particularly regarding the continued appropriation of Sikh properties.
Some Shia continued to hold senior positions in the government, including Second Vice President Sarwar Danish; High Peace Council Chairman Karim Khalili; Minister of Transportation Mohammad Hamid Tahmasi; Minister of Telecommunication Mohammad Fahim Hashimi; and Minister of Refugees and Returnees Hussain Alemi Balkhi. Shia leaders, however, continued to state the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics. Sunni members of the Ulema Council continued to state, however, that Shia remained overrepresented in government based on Sunni estimates of the percentage of Shia in the population. According to some observers, Hazaras often faced discrimination based on their ethnicity and predominance in the country’s Shia population. Observers also said the country’s Shia were underrepresented in government not because of their religion, but because of their Hazara ethnicity.
A small number of Sikhs and Hindus continued to serve in government positions, including one at the municipal level, one at the Afghanistan Chamber of Commerce and Industries, one as a presidentially appointed member of the upper house of parliament, one as an elected member in the lower house, one as a presidential advisor, and one as a member of the Ministry of Transportation.
Although four Ismaili Muslims remained members of parliament, Ismaili community leaders continued to report concerns about what they called the exclusion of Ismailis from other positions of political authority.
The government continued to support the efforts of judicial, constitutional, and human rights commissions composed of members of different Islamic religious groups (Sunni and Shia) to promote Muslim intrafaith reconciliation. The Ministry of Women’s Affairs and MOHRA continued working toward their stated goal of gaining nationwide acceptance of the practice of allowing women to attend mosques. The Ulema Council, the Islamic Brotherhood Council, and MOHRA also continued their work on intrafaith reconciliation. Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.
The ONSC continued its work on addressing religiously motivated violent extremism, which included policies to foster religious tolerance. The ONSC continued to sponsor provincial-level conferences on religiously motivated violent extremism to collect data for use in its effort to develop a strategy to counter violent extremism. Government officials said the ONSC approved, and the president signed, an interministerial strategy in mid-September; however, it was not widely publicized due to “sensitivities surrounding the issue.” According to the ONSC, it continued to work on an action plan for implementation of the policy, which was expected to be finalized before the end of the year.